What Does “Stewarding” a Conservation Easement Mean?
Designing and negotiating a conservation easement is a big job, but not compared to the ongoing stewardship of the land over the subsequent years. Over that time period, changes will occur in land tenure, conservation theory, local economies and even the physical character of the land. Conservation easements, and the parties that negotiate them, must be mindful of the implications of conserving land in these long term and evolving circumstances. Every organization and every conservation easement is different, but there are some basic commonalities in the long-term considerations of holding a conservation easement.
After a conservation easement is in place on a parcel of land, that land gains another steward, someone responsible for protecting it. While the landowner has a collection of stewardship responsibilities, the grantee – the holder of the conservation easement – has another collection.
Monitoring against the Baseline Report
The Baseline Report (or Baseline Documentation Report, BDR) is the basis for any subsequent monitoring, usually undertaken at least annually. The conservation easement holder must work out monitoring protocols, conduct monitoring and should report the results back to the landowner. This monitoring allows the easement holder – or grantee – to track changes in the land and land uses and to observe if conservation measures are effective.
Managing access
The landowner manages access, ensuring that such access does not affect the conservation values of the property, and is consistent with restrictions on the CE. The grantee has access to the property for monitoring purposes. All activity and access on the property is intended not to reduce the conservation value.
Ongoing Land Management
The whole basis of the conservation easement tool is that the vast majority of land management responsibility continues to rest with the landowner. However, the easement holder does have interests with regard to land management. These are based on the restrictions included in the conservation easement agreement. The CE holder ensures restrictions outlined in the conservation easement are being upheld. Management activities or plans are not directly linked to the conservation easement but any such plans are designed to retain or improve the quality of the habitat, biodiversity and conservation value.
Managing infractions
One of the critical roles for the holder of a conservation easement is enforcing the terms of the CE. Monitoring informs when infractions are or have taken place, and it is the responsibility of the qualified organization to ensure the landowner takes action to repair the harm and restore the conservation values of the parcel. The organization may assist the landowner with restoration although costs are normally the responsibility of the landowner . The enforcement process should be laid out in the conservation easement agreement, with descriptions of circumstances that may be addressed by simply bargaining in good faith, to seeking injunctions in the courts.
Ongoing Communication
Communication may be the most important stewardship activity the conservation easement holder can undertake, which may be in the form of a phone call or stopping by the landowner’s house for coffee. During these conversations, the CE holder can find out about changes in the landscape, local land use, management activities on the parcel, vegetation communities or species abundance. Infractions based on misunderstandings can be avoided and vital stewardship partnerships can be created and fostered through adequate communication.
