                       Standards and Practices Curriculum





 Evaluating and Selecting
     Conservation Projects








         Jane Ellen Hamilton, Lead Author
                Jonathan Moore, Author
                Executive Editor  ·  Sylvia Bates
Peer Reviewers · Ole M. Amundsen III, Judy Anderson and Anne Murphy






Evaluating and Selecting 
 Conservation Projects



Evaluating and Selecting Conservation Projects 
              Practice 8B: Project Selection and Criteria
              Practice 8D: Public Benefit of Transactions
              Practice 8E: Site Inspection
              Practice 8G: Project Planning


        Course Authors       Jane Ellen Hamilton
                             Hamilton Consulting

                             Jonathan W. Moore
                             Colorado Open Lands


        Peer Reviewers       Ole Amundsen III
                             Land Conservation Planning

                             Judy Anderson

                             Anne Murphy
                             Western Reserve Land Conservancy

        Executive Editor  Sylvia Bates
                             Land Trust Alliance



   Evaluating and Selecting 
     Conservation Projects 

















Jane Ellen Hamilton and Jonathan W. Moore


       The Land Trust Alliance



The Land Trust Alliance promotes voluntary land conservation and strengthens the 
land trust movement by providing the leadership, information, skills and resources land 
trusts need to conserve land for the benefit of communities and natural systems. 




LTA course materials are furnished as to tools to help land trusts implement Land Trust Standards 
and Practices. They are provided with the understanding that the Land Trust Alliance is not en-
gages in rendering legal, accounting or other professional counsel. If legal advice or other expert 
assistance is required, the services of competent professional should be sought. The Land Trust al-
liance makes no assurances that land trusts attending or completing these courses will be granted 
accredited status by the Land Trust Accreditation Commission. The Land Trust Alliance is solely 
responsible for the contents of this book.


First Edition

Copyright 2007, The Land Trust Alliance

All Rights Reserved

ISBN 978-0-943915-16-6


Design · Robert A. Yerks · Sterling Hill Productions




Printed in Canada

Printed on recycled paper



                            Acknowledgments
The  authors  gratefully  acknowledge  those  individuals  who  have  reviewed 
and  provided  helpful  editing  of,  and  editorial  comments  on,  this  instruc-
tional unit, including Sylvia Bates and Mary Burke, Land Trust Alliance; Ole 
Amundsen, Judy Anderson, and Anne Murphy, reviewers; and Keith Lenard 
and Tom Scharffenberger, pilot instructors. 



C                                      O                                N       T    E    N    T    S

Acknowledgments · 5
A Note on the Standards and Practices  
Curriculum and Accreditation · 9
Summary · 11
Introduction · 15
Chapter 1 Project Selection and Criteria
Practice 8B: Project Selection and Criteria · 21
Learning Objectives · 21
Summary · 22
Organizational Assessment · 23
The Project Selection Process · 24
Project Selection Criteria · 29
Organizational Considerations · 37
Applying Project Selection Criteria · 39
Public Relations and Outreach · 47
Declining a Project · 48
     Case Study: Vermont Land Trust  · 50
     Putting It into Practice Exercise:  
     Creating Selection Criteria for Conservation Easements: A Template · 52
Conclusion · 57
Additional Resources · 58
     Sample Documents · 59
Check Your Progress · 96

Chapter 2 IRS Requirements and Public Benefit 
Practice 8D: Public Benefit of Transactions · 99
Learning Objectives · 99
Summary · 100
Self-Assessment · 101
Internal Revenue Code Conservation Easement Criteria · 103



C    O    N    T    E                                     N                                  T            S

                         Public Benefit · 105
                         Other Legal Requirements · 108
                              Putting It into Practice Exercise:  
                              Understanding a Land Trust's Obligation to the Public · 110
                              Template: Determining Public Benefit · 114
                              Case Study: Hogback Preserve · 116
                         Additional Resources · 120
                         Check Your Progress · 120

                         Chapter 3 Site Inspection
                         Practice 8E: Site Inspection · 123
                         Learning Objectives · 123
                         Summary · 124
                         Organizational Assessment · 125
                         Site Inspection · 126
                         Additional Uses for Site Inspection Data  · 135
                              Putting It into Practice Exercise: Creating a Site Inspection Form · 137
                              Case Study: Greenhorn Ranch · 142
                         Additional Resources · 148
                              Sample Documents · 148
                         Check Your Progress  · 162


                         Chapter 4 Project Planning
                         Practice 8G: Project Planning · 165
                         Learning Objectives · 165
                         Summary · 166
                         Organizational Assessment · 168
                         Creating the Project Plan · 170
                         Project Plans for a Conservation Easement and Fee Land Acquisition · 173
                         Land Management Plan versus a Project Plan · 173



C               O               N            T       E    N    T    S

When to Create a Project Plan · 174
How to Create a Project Plan · 174
Using a Project Plan · 182
     Putting It into Practice Exercise:  
     Conservation Easement Project Planning · 183
     Case Study: Hardworking Land Trust · 187
Conclusion · 191
Additional Resources · 192
     Sample Documents · 194
Check Your Progress · 236


Action Plan · 238
Glossary · 241
Index · 243



A Note on the Standards and Practices 
Curriculum and Accreditation
Evaluating  and  Selecting  Conservation  Projects  is  part  of  the  Land Trust 
Alliance's Standards and Practices Curriculum, and is designed to provide 
you with guidance and tools to implement practices 8B, 8D, 8E, and 8G. 
This course will:

    * Help you understand the practices;

    * Provide  you  with  tools  to  implement  the  practices  in  your 
       organizations; 
    * Inspire organizational change; and

    * Help you save more land for the long term.
The Standards and Practices Curriculum is made up of 15 courses that 
cover  42  accreditation  indicator  practices.  Indicator  practices  demon-
strate that a land trust is operating in an ethical, legal and technically 
sound manner, and ensure the long-term protection of land in the public 
interest.  Voluntary  land  trust  accreditation  will  provide  independent 
verification of these practices.
The assessments contained in this book are for training purposes only. 
They are not designed or intended to determine if your land trust is ready 
for accreditation. 
Completing a course does not necessarily demonstrate that an organi-
zation  is  actually  carrying  out  the  practice. Therefore,  the  Land Trust 
Accreditation Commission will examine documents and information in 
project  files  to  verify  that  each  indicator  practice  is  being  carried  out 
in the land trust applying for accreditation. This course and others in 
the curriculum are designed to help your land trust understand how to 
implement the practices.
Please note:

    * The curriculum is not required for accreditation; and

    * Completing the curriculum will not guarantee accreditation.
For more information on accreditation, visit www.landtrustaccreditation.
org. To learn more about the Land Trust Alliance's training and assistance 
programs, visit www.lta.org.

                                                                     Sylvia Bates
                       Executive Editor, Standards and Practices Curriculum
                  Director of Standards and Research, Land Trust Alliance






                                                                                          Summary




                 aving  choices  about  which  land  protection  projects  to 
                 undertake may seem like a luxury to many land trusts. 
                 Faced with the urgency to save land before it is lost forever, 
   H a land trust may choose to protect now and think later. At 
                 times, such an approach is necessary to save critical land 
from development. Yet, unless the land trust reviews all of its projects, 
it may find itself with a property or a conservation easement that serves 
little public interest, is costly to manage or defend, or does not fit with 
the land trust's mission. 
Every land trust must find a balance between being strategic and being 
opportunistic. Land trusts that focus on their strategic priorities typically 
find that they can raise more funds and protect more land. These land 
trusts work with their partners to develop conservation priorities appro-
priate for their communities. A land trust that does not prioritize and 
carefully select its projects may open itself to public criticism, credibility 
issues and even legal problems. 
In order for land conservation to maintain public credibility, it is essen-
tial  that  all  land  trusts  carefully  screen  projects  for  the  public  benefit 
they will provide. Once projects are selected, the land trust must deter-
mine how best to protect a given property's resources. For each property, 
sufficient information must be gathered to make sound judgments and 
avoid unacceptable risks. (See Standard 8: The land trust carefully evalu-
ates and selects its conservation projects. From Land Trust Standards and 
Practices.)
Every land trust should create and follow a defined process for select-
ing land and easement conservation projects; the process should include 
written project selection criteria that are consistent with the land trust's 
mission. It is critical that a land trust have an evaluation and selection 
process  for  examining  each  potential  land  and  easement  project. The 
process  and  selection  criteria  provide  a  valuable  instrument  for  evalu-
ating projects and documenting the public benefit of each transaction. 



                                                  Planning the conservation project is the final step in the project selection 
                                                       process, in which the land trust thoughtfully and deliberately synthesizes 
                                                       all the selection and evaluation materials and develops a road map, a plan 
                                                       to follow in completing the project. The project planning process should 
                                                       ensure that the land trust understands key background information and 
                                                       designs an overall strategy to proceed that fully integrates all of the perti-
                                                       nent information.
                                                       After taking this course a learner should be able to:
                                                         1. Describe the value of a formal process for selecting projects.
                                                         2. Assess the feasibility of a project based upon the land trust's 
                                                             mission and capacity.
                                                         3. Explain the value of written selection criteria and describe the 
                                                             elements that are included in selection criteria.
Conservation  purposes  There  are 
four  conservation  purposes  set  forth  in             4. Apply the elements of a good selection process, which includes 
§170(h) of the Internal Revenue Code, as                     but is not limited to landowner contact, site inspection, review 
further defined in §1.170A-14(d) of the                      against criteria, determination of public benefit, evaluation of 
Treasury Regulations.                                        stewardship responsibilities.
                                                         5. Know when and how to reject a project while still maintaining 
                                                             good landowner relations.
                                                         6. Understand the Internal Revenue Code's conservation purposes 
                                                             test.
                                                         7. Identify the conservation values of a property.
                                                         8. Develop a project planning template for each individual project 
                                                             and a system to track projects once they are under consideration.
                                                  In order for this course to be useful to you in your land conservation 
                                                       work, it is important to understand the relationship between the four 
                                                       chapters in this course and how project selection, evaluation and plan-
                                                       ning fit within the context of a land trust's overall operations. 
                                                       The  first  chapter,  "Project  Selection  and  Criteria,"  demonstrates  that 
                                                  having an established process for evaluating and selecting conservation 
                                                  projects is important to the efficient and professional operation of a land 
                                                  trust. Elements of the project selection process include: 

                                                           * Adoption and implementation of selection criteria (chapter 1); 

                                                           * Analysis  of  the  public  benefit  provided  by  a  project  (chapter  2); 
                                                             and
                                                           * Evaluation  of  a  property's  physical  and  conservation  attributes 
                                                             (chapter 3). 





                                                 12        Evaluating and Selecting Conservation Projects



By completing these initial steps in the project selection process, a land 
trust  should  have  acquired  sufficient  information  to  prepare  a  project 
plan (chapter 4). A project plan represents the synthesis of all the infor-
mation gathered about a particular conservation project and helps guide 
a land trust's negotiation for the protection of a particular property. These 
processes and associated forms should be reassessed on a frequent basis.
Through this course, you will become familiar with several project selec-
tion, evaluation and planning documents. After taking this course, you 
will have a strong foundation to develop and implement a project selec-
tion process within your organization that is consistent with Land Trust 
Standards and Practices. 

































                                                                 Summary       13






                                                                                     Introduction




                his course is designed to be taught in a 7.5-hour class-
                room training. Self-learning, either online or off-line, can 
                usually be completed in the same or slightly less time.
    T This course is part of a Land Trust Alliance response to 
                an identified need and to land trust requests for an inten-
tional and coordinated training series to help all land trusts implement 
Land  Trust  Standards  and  Practices.  The  Alliance  training  curriculum 
focuses on those practices from Land Trust Standards and Practices that 
indicate a land trust is operating in an ethical, legal and technically sound 
manner.  Participation  in  the  training  curriculum  will  help  land  trusts 
ensure the long-term protection of land in the public interest.

Why is adoption of a project selection process important?
The land it protects, more than anything else, defines a land trust. A land 
trust must have a well-defined process and established criteria for select-
ing projects and must evaluate every potential project with great care. 
Using a systematic process and criteria will not restrict a land trust's free-
dom of choice, but should prepare the land trust to assess opportunities 
when they arise and help it identify and pursue a truly significant land 
conservation agenda.
Using  a  systematic  process  and  written  criteria  to  select  and  evaluate 
projects has many benefits. It identifies important information about the 
project that must be gathered and helps ensure that the land trust does 
not forget essential procedural steps. It compels the land trust to consider 
costs, management responsibilities and other difficulties that may make 
a project inadvisable. 
It focuses the land trust's decision making on the project's merits, and 
minimizes the effects of personalities, prejudice, impulse, financial gain 
and so forth. It describes to land trust supporters and the public at large 



 what the land trust intends to accomplish and provides a justification for 
 the land trust's decision to undertake or reject each project.
 Without a clear, documented project selection and evaluation process, a 
 land trust risks becoming bogged down with internal conflicts, public crit-
 icism, difficult land management issues, or legal problems. It may accept 
      projects that do not make wise use of its financial and human resources or 
      that do not significantly further its goals or the public benefit. As a result, 
      a land trust could face diminished credibility or even the revocation of its 
      tax-exempt status. (See Standard 8, Land Trust Standards and Practices.)
 A project selection and evaluation process also ensures that all of the perti-
 nent  factors  are  considered  when  deciding  which  conservation  tool(s) 
 to  use  and  when  finalizing  the  overall  approach.  For  example,  while  a 
 conservation easement may be the best approach to preserving a property's 
      scenic or agricultural values, often fee acquisition is a more appropriate 
      alternative for land to be used for public recreation. Similarly, conserva-
 tion easements with substantial reserved landowner rights (such as multi-
 ple home sites) typically have a greater negative impact on the resources 
 to be protected and require more on-going management than do ease-
 ments without substantial reserved rights. These and other factors must be 
      considered when determining how or whether to undertake a project.
      A project selection process may look a little different at each land trust, 
 but the basic elements are still the same. All project selection processes 
      must involve at least the following steps:

          * Interview with the landowner;

          * Site inspection and identification of conservation values;

          * Analysis of whether the project meets the land trust's mission, goals 
            and strategic plan;
          * Analysis of the project's compliance with Internal Revenue Code 
            provisions, if applicable, and the public benefit that will be gained 
            through completion of the project;
          * Analysis of whether the project meets the land trust's written selec-
            tion criteria; 
          * Preparation of a project plan; and

          * Approval by the land trust's board of directors in accordance with 
            Practice 3F.
 This course forms the foundation for evaluating and selecting projects by 
 establishing the necessary due diligence for all potential land and ease-
 ment conservation projects. 
 Practices 8B, 8D and 8G can be satisfied independently or combined 
      into  one  seamless  project  selection  process,  depending  upon  the  land 


16        Evaluating and Selecting Conservation Projects



trust's objectives, structure and approach. Using the information gath-
ered through the project selection process, the public benefit analysis, and 
the site evaluation process, project planning ties it all together by viewing 
all the available data in a comprehensive manner so that a land trust can 
make an informed choice either to proceed or to decline a project.

Who should take this training?
This course on evaluating and selecting conservation projects, including 
public benefit of transactions, site inspection and project planning, is 
designed for land trust staff, board members and volunteers. 

Are there any prerequisites to the training?
No, the course materials are designed for a wide range of learners, includ-
ing those new to the subject and those seeking a refresher on important 
topics. You should, however, have your land trust's mission statement, 
goals, organizational strategic plan, and/or strategic conservation plan (if 
you have one) at hand when going through this course.

How can I use this student guide?
You  may  use  the  student  guide  in  the  following  learning  situations: 
instructor-led training, self-study, review and reference. It can be used at 
home, in the office or in class.
If using the student guide for self-study, it is recommended that you refer 
to the Additional Resources at the end of each chapter for more informa-
tion and samples. Case studies and Putting It into Practice exercises are 
designed to help you implement the practices described in the narrative. 
Discussion questions and answers to common questions about the stud-
ies  and  exercises  are  included.  Further  resources,  including  discussion 
forums, can be found online at The Learning Center. 
For those who prefer classroom training, this course will be delivered on a 
regular basis by qualified trainers at conferences and special events spon-
sored by the Land Trust Alliance, land trust service providers and coali-
tions, and others.
The summaries provided at the beginning of this guide and at the start 
of each chapter are intended for use by learners to present and explain 
the practices covered by this course to land trust board members and 
other interested parties. You can use them to help brief board members, 
landowners  and  the  public  on  why  the  adoption  and  implementa-
tion of these practices will help ensure that your land trust is success-
ful in completing vital conservation projects that satisfy the land trust's 
mission and goals.



                                                            Introduction       17



      What will I learn in this course?
      In chapter 1, you will learn how to develop project selection criteria that 
      meet the needs and mission of your land trust. You will also learn how to 
      apply those criteria to select projects. Chapter 2 discusses the IRS conser-
      vation  purposes  test  and  public  benefit  so  you  can  confidently  apply 
 those concepts to proposed projects. In chapter 3, you will learn how to 
 develop a site inspection form that will guide your staff and/or volunteers 
 in collecting important data for a project. Finally, chapter 4 guides you in 
 the steps needed to develop a project plan.

      What resources will be available to me in taking this training?
      This instructional unit includes the following resources:

          * Sample land trust documents, including project selection criteria, 
            acquisition checklists, site inspection forms, and project planning 
            forms;
          * Templates to guide learners in drafting their own forms;

          * Case  studies  to  demonstrate  how  land  trusts  have  implemented 
            the practice;
          * Lists of additional resources for further study;

          * A glossary of key terms; and,

          * An index.


































18        Evaluating and Selecting Conservation Projects



Tips and Tools
You will find various tools to help you learn and implement the informa-
tion presented. Important words are defined in the margins and high-
lighted with grasshoppers. Tips on implementing the practice or critical 
information  are  noted  with  dragonflies.  The  glossary  begins  on  page 
241; the Action Plan on page 238 can help you implement the training 
at your land trust. 






Important words are                                Tips on implementing 
defined in the margins                              the practice or critical 
and highlighted with                                information are noted 
grasshoppers.                                            with dragonflies.



























                                                          Introduction        19






         Chapter One · Project Selection and Criteria


Practice 8B: Project Selection and Criteria
The land trust has a defined process for selecting land and easement projects, including written 
selection criteria that are consistent with its mission. For each project, the land trust evaluates its 
capacity to perform any perpetual stewardship responsibilities.
Selection criteria are a key component of a land protection program. Criteria are the rough screen 
that a land trust uses to assess a land conservation project at its outset. Criteria may evaluate a 
project's location, size or resource values. This practice clarifies that the criteria should reflect the 
organization's mission. Criteria often focus first on the land, but include additional tests for proj-
ect feasibility and long-term sustainability. The practice also emphasizes that the project selection 
process should evaluate the land trust's capacity to meet its future responsibilities of stewarding the 
land or easement. 
               - From the Background to the 2004 revisions of Land Trust Standards and Practices.


Learning Objectives
After studying this chapter, you should be able to:

    * Describe the value of a formal process for selecting projects;

    * Apply  the  elements  of  a  good  selection  process,  including  land-
      owner contact, site inspection, review against criteria, and evalua-
      tion of stewardship responsibilities; 
    * Describe the elements included in selection criteria, which could 
      include  consistency  with  the  land  trust's  mission  and  priorities, 
      identification of the conservation values, public benefit of transac-
      tions, organizational capacity, federal and state requirements, feasi-
      bility, and capacity to fulfill stewardship responsibilities; 
    * Create or refine written project selection criteria;

    * Describe  the  role  of  the  land  trust  board  in  reviewing  project 
      selection;
    * Describe  how  a  land  trust  informs  the  landowner  of  the  project 
      selection process and keeps him or her informed as the project is 
      evaluated;
    * Evaluate  whether  the  land  trust  has  the  capacity  to  take  on  the 
      stewardship responsibilities of the project. 
    * Know  when  and  how  to  reject  a  project  while  still  maintaining 
      good landowner relations;



                                          Project Selection and Criteria        21



          * Develop  a  system  to  track  projects  once  they  are  under 
            consideration;
          * Identify  whether  projects  are  consistent  with  the  land  trust's 
            mission, goals and strategic plan;
          * Assess the financial and staff implications of the project against the 
            land trust's resources;
          * Ensure that the land trust's resources are applied prudently to the 
            projects that most significantly achieve the organization's mission; 
          * Ensure  that  the  land  trust's  future  activities  stay  focused  on  the 
            goal of protecting the conservation values and to begin a formal 
            record of the project; and
          * Develop  a  coordinated  staff  response  to  the  landowner(s)  (and 
            others)  who  have  requested  the  land  trust's  participation  in  the 
            project.

      Summary
      The project selection process provides a land trust with a framework to 
 make decisions about whether to undertake a specific project. The selec-
      tion process ensures that the land trust staff and board evaluate and prior-
      itize all potential projects and devote their resources to the best ones.
      To select land conservation projects that are viable and fit with its mission, 
 a land trust should establish two types of guidelines:

          * A selection process that includes specific steps to follow and what 
            information to gather in taking a conservation project from initial 
            landowner contact to final board approval; and
          * Written  selection  criteria  that  guide  a  land  trust in  determining 
            whether a project is eligible for its consideration. 
      While  an  established  process  and  criteria  facilitate  rational  decision 
      making, the selection, negotiation and approval of land transactions is 
      not linear. It is cyclical and iterative: the land trust gathers information, 
      takes certain steps, and decides whether to continue. Then it gathers more 
      information, takes additional steps, and continues to make judgments 
      about  proceeding.  Along  the  way,  new  circumstances  may  arise  that 
      cause the process to return to its early stages. An established selection 
      process provides structure and guidelines for decision making, but how 
      and when they are applied varies from project to project (see Practice 8B, 
 Land Trust Standards and Practices).
      The project selection and evaluation process guides the land trust's deci-
      sions, but it does not provide definitive answers. The selection process 
      produces  information  that  helps  the  land  trust  make  decisions  and 



22        Evaluating and Selecting Conservation Projects



focuses the board's deliberations on the important issues. But the "go" or 
"no go" decision ultimately rests with the prudent judgment of the land 
trust's board (see Standard 8, Land Trust Standards and Practices).
Conservation projects, whether the acquisition of a conservation ease-
ment or fee interest in land, take time. They are also quite complex and 
involve  a  number  of  different  steps.  By  adopting  a  written  selection 
process,  land  trusts  find  that  they  save  time,  remember  all  important 
steps, and have a process that is equitable and applied consistently to all 
projects. A set process enables a land trust to do all the research and anal-
ysis necessary to ensure that its resources are being applied in the most 
effective and efficient manner possible. Such a process also assures a land 
trust that it will not take on projects that may harm the organization or 
fail to win the support of the community it serves. 

Organizational Assessment
Conduct a quick assessment of your land trust's project selection process 
and criteria. Give your organization one point for every "yes" answer. 
Scores are shown at the end.
    1.  Does your organization have a project selection process?
    2.  Is the process set forth in a written policy?
    3.  Does the process include an interview with the landowner?
    4.  Does the process include a physical site inspection of the    
      property? 
    5.  Does the process include the application of written selection   
      criteria?
    6.  Does your land trust periodically review its written selection  
      criteria?
    7.  Does the process include board approval?
    8.  Does the process include informing the landowner about the  
      process and criteria?
    9.  Does the land trust keep the landowner informed of the progress  
      of the selection process?
   10.  Does the land trust seek additional information as questions  
      arise?
   11.  Are projects evaluated in terms of the land trust's mission and  
      goals?
  12.  Does the land trust review any stewardship concerns that may  
      arise before acquiring the property interest (either conservation  
      easement or fee ownership)?



                                          Project Selection and Criteria       23



                                               13. Does the land trust evaluate its organizational capacity to under 
                                                 take a project?
                                               14. Does the land trust keep written records of the selection process?
                                               15. Does the land trust keep a written copy of how a particular  
                                                 project meets or fails to meet its selection criteria?
                                               16. Does the land trust have a plan for how to decline projects in a  
                                                 respectful manner as well as suggest other options to a  
                                                 landowner?
        By adopting a written  
       selection process, land                17.  Has your land trust ever declined a project or referred a project  
     trusts find that they save                  to another more appropriate organization?
time, remember all important          If your organization scores:
     steps, and have a process  
 that is equitable and applied               16­17: Great! This course may help you refine your process, but your 
   consistently to all projects.                     land trust is well on its way to excellence. Share your expertise 
                                                     with your land trust colleagues by sending your policies to the 
                                                     Land Trust Alliance for posting in its digital library.
                                              11­15: Good, but there is room for improvement. Better practices 
                                                     will make your work easier and help achieve the results your 
                                                     land trust seeks.
                                               6­10: You are on the right track, but much still needs to be done to 
                                                     improve your land trust's practices and establish a professional 
                                                     approach to project selection.
                                               0­5: It is time to take project selection seriously and adopt written 
                                                     policies and practices to assure that your organization acts in 
                                                     ways that are appropriate and efficient.

                                      The Project Selection Process
                                      A land trust must weigh the following factors when determining the best 
                                      means to preserve land:

                                               * The type of land and the resources to be protected;

                                               * The landowner's objectives;

                                               * The land trust's available resources; and

                                               * The long-term stewardship requirements of the project. 
                                      The selection process creates a project framework or flowchart to guide the 
                                      land trust practitioner, from initial landowner contact and site inspection 
                                           to recordkeeping and stewardship. This process can include one compre-
                                      hensive approach, integrating all the essential elements of Practices 8B, 
                                      8D, 8E, 8F and 8G or it can be broken into separate components. In 





                                     24        Evaluating and Selecting Conservation Projects



either case, the land trust must gather the correct information about each 
individual project and ensure it considers this information when under-
taking land acquisition and conservation easement projects. 

Elements of a Project Selection Process
Although a land trust may add additional steps to a project selection and 
evaluation process, at a minimum every such process must include the 
following steps:

    * Initial landowner discussions;

    * Site inspection;

    * Project selection criteria analysis based upon:
       *    Mission, goals and strategic plan compliance
       *    Public benefit finding
       *    Compliance with laws 
       *    Analysis of compliance with additional criteria;

    * Staff, committee, board member, or land trust volunteer analysis; 
       and
    * Board approval.
It  is  not  always  easy  to  determine  which  should  occur  first-the  site 
inspection  or  the  selection  criteria  analysis  (site  inspection  and  initial 
landowner discussions will be addressed in chapter 3). You may not be 
able to address your land trust's written selection criteria without visit-
ing the property; therefore, in this instance, you will want to complete an              Stewardship: 
initial site inspection prior to reviewing the criteria. For other projects,                                (1)  Those  steps  neces-
                                                                                         sary  to  uphold  a  conservation  easement 
and on rare occasions, you may be so thoroughly familiar with a particu-                 in  perpetuity,  including  the  creation  of 
lar property that your land trust is able to begin the initial screen of the             baseline  documentation,  regular  moni-
project by application of the selection criteria without first making a visit            toring,  maintaining  landowner  relations 
                                                                                         including successor generation landown-
to the land, saving the land trust some time and expense. A final decision               ers, addressing amendments, and enforc-
to accept a project should never be made, however, without a physical                    ing easements. (2) Those steps necessary 
site inspection.                                                                         to  undertake  the  many  responsibilities 
                                                                                         of  managing  a  fee-owned  property  in 
When creating a project selection process, it is important to map the                    perpetuity.
steps necessary to take a project from the initial landowner contact to the 
stewardship, management or disposition plan. There will be any number 
of places within this process where decision making occurs as informa-
tion is gathered, due diligence steps completed or landowner negotia-
tions bring to light new or different information. 






                                            Project Selection and Criteria         25



      Benefits of a Written Project Selection Process
      There  are  significant  benefits  to  following  a  written  project  selection 
 process, including knowing that:

           * Key steps will be remembered;

           * Your land trust won't "reinvent the wheel" for every transaction; 

           * All actions are consistent and transparent; and

           * Your  land  trust  operates  in  a  legal,  professional  and  ethical 
                manner. 
      Every step of the selection process, including how to apply the written 
 selection criteria to a potential project, should indicate which parties in 
      the land trust are responsible for what actions. For example, at a staffed 
      land trust, the project staff may apply the criteria, followed by a review of 
      their conclusions by a land trust board committee or by the entire board. 
      At an all-volunteer land trust or at a land trust with a small staff, certain 
      board members or a board committee (or a member of a board commit-
      tee) may first apply aspects of the selection process (such as the written 
      selection criteria) before presenting their conclusions to the full board. 
      Larger land trusts sometimes assign more senior staff or the land trust 
      attorney to the task of approving the completion of certain steps of the 
      selection process.*
      Having an established selection process also assures the landowner that 
      the land trust operates in a professional and consistent fashion. It helps 
      the landowner understand all steps and the timeframe involved in select-
      ing or rejecting a project. By educating a landowner early in the process 
 about the project approval steps and updating the landowner throughout 
 the process, a land trust generally finds that even if it needs to reject a 
 project, it has maintained good relations with the landowner. 

      Crafting Your Land Trust's Project Selection Process
      Land trusts use different approaches to create selection processes and they 
      might  include  narratives,  checklists  or  graphics  to  describe  the  process. 
      Some land trusts use a combination of these approaches-there is no one 
      "right" way. A land trust simply needs to make sure it has documented its 
      approach and that a copy of this documentation is kept in each project 
      file. 


      * Whether a land trust has staff or is all-volunteer, generally at least one member 
      of the land trust is responsible for completing initial research into a proposed 
      conservation project. This research is then summarized or analyzed for the board's 
      consideration.



26         Evaluating and Selecting Conservation Projects



A narrative statement may be particularly useful for distributing to people 
outside the land trust, such as landowners, supporters and other members 
of the public. Such a narrative is more descriptive than a checklist, but 
nevertheless is often accompanied by a checklist that is used internally to 
document the project. Some land trusts use different checklists for differ-
ent types of transactions, one for a fee purchase of land and one for a 
conservation easement, for example. 
Some items that might be included on a checklist are: 

    * Conducting research on the property to determine location, acre-
      age, and relationship to surrounding land and water uses, etc.;
    * Conducting research on the landowner, including how the prop-
      erty is owned;
    * Contacting and meeting with the landowner;

    * Visiting the property;

    * Identifying the property's conservation resources;

    * Obtaining natural resource and cultural inventories;

    * Obtaining board or committee approval to proceed, as required by 
      the land trust;                                                                  By educating a landowner early 
                                                                                       in the process about the project 
    * Obtaining a copy of the landowner's deed and mortgage deed (if 
      any);                                                                            approval steps and updating 
                                                                                       the landowner throughout the 
    * Identifying  zoning  ordinances  or  regulations  that  apply  to  the 
      property;                                                                        process, a land trust generally 
                                                                                       finds that even if it needs to 
    * Identifying  a  property's  designation,  if  any,  in  local  or  regional 
      governmental plans;                                                              reject a project, it has main-
                                                                                       tained good relations with the 
    * Obtaining maps of the property (various types may be specified);                 landowner. 
    * Obtaining or taking photos of the property; 

    * Identifying boundaries or obtaining a boundary survey;

    * Identifying any liens, encumbrances, easements or restrictions;

    * Identifying ownership of mineral rights;

    * Completing a preliminary evaluation for hazardous waste;

    * Obtaining a title abstract and, if necessary, title insurance;

    * Obtaining mortgage subordination (for conservation easements);

    * Sending a letter documenting the landowner's need to obtain his 
      or her own legal counsel and financial advice;
    * Providing  the  landowner  with  an  explanation  of  the  land  trust's 
      stewardship fund policy;
    * Completing any written letters of understanding about the purpose 
      or use of the property;
    * Obtaining  an  appraisal  (ordered  by  landowner  or  land  trust, 
      depending on type of transaction);


                                          Project Selection and Criteria         27



          * Obtaining legal review by the landowner's counsel;

          * Obtaining legal review by the land trust's counsel;

          * Completing  the  criteria  sheet  and/or  fact  sheet  for  use  in  board 
            review;
          * Obtaining full board review and approval;

          * Signing and recording of the deed or conservation easement;

          * Thanking the donor;

          * Completing  (by  the  donor)  IRS  Form  8283  and  signing  by  the 
            land trust (if a donation);
          * Preparing and distributing press releases;

          * Organizing  files  and  securing  safe  storage  for  originals  of  key 
            documents;
          * Posting boundary markers;

          * Organizing  baseline  data  and  establishing  monitoring  schedules 
            and responsibilities (for conservation easements); and
          * Developing a management plan (for properties in fee).
 No  matter  how  you  craft  your  land  trust's  selection  process,  it  must 
 identify major decision-making points or triggering events that require 
 approval or review by a staff supervisor (if applicable), board commit-
      tee or full board. Some land trusts require preliminary board approval 
 to  proceed  on  a  project,  and  certain  board  approvals  as  the  transac-
      tion proceeds. The process should also include steps to keep the board 
 informed of the project's progress. 
 Before being completed, all easement and land projects must be approved 
      by the land trust's board of directors in accordance with Practice 3F. 
          Practice 3F. Board Approval of Land Transactions. The board 
          reviews and approves every land and easement transaction, and 
          the land trust provides the board with timely and adequate infor-
          mation prior to final approval. However, the board may delegate 
          decision-making authority on transactions if it establishes poli-
          cies defining the limits to that authority, the criteria for transac-
          tions, the procedures for managing conflicts of interest, and the 
          timely notification of the full board of any completed transac-
          tions, and if the board periodically evaluates the effectiveness of 
          these policies.
      Often the project selection process involves a staff or committee review, 
      and sometimes a recommendation from staff or a committee, prior to 
      taking the project to the full board for authorization. Practice 3F requires 
      that the board be given sufficient and timely information about the proj-




28        Evaluating and Selecting Conservation Projects



ect in order to make an informed decision. This requirement may include 
a written or oral recommendation to the board, or a presentation of staff 
or committee findings on the merits of the project, in addition to other 
pertinent information.
See the sample documents at the end of this chapter (pages 59 and follow-
ing) for examples of selection processes and acquisition checklists.

Project Selection Criteria

The Purpose of Project Selection Criteria
The purpose of selection criteria is to establish whether a project is eligible 
for the land trust's consideration. However, just because a project meets 
a land trust's criteria does not mean that the land trust will take on the 
project. Land trusts use criteria to screen properties offered to them and            No matter how you craft your 
to target properties to pursue. In both cases, criteria provide the critical          land trust's selection process, it 
tool for determining which transactions are appropriate and worthwhile                must identify major decision-
for a land trust to undertake and which ones are not (see Practice 8B,                making points or triggering 
Land Trust Standards and Practices). One of the most important reasons                events that require approval  
for having criteria is to give a land trust the basis for rejecting a project or      or review by a staff supervisor  
referring the project to a more appropriate conservation organization. It             (if applicable), board committee 
can be difficult to tell landowners "no" when they clearly value their land           or full board.
and its conservation values. A land trust that has selection criteria that 
demonstrate why it must reject a project can help avoid the impression 
that it acts arbitrarily. Selection criteria can help a landowner understand 
the reason his or her project was turned down while helping preserve 
relations with that landowner.

The Importance of Project Selection Criteria
Project selection criteria provide the land trust with a consistent process 
and mechanism for examining each potential land acquisition and ease-
ment  project,  and  a  valuable  means  to  evaluate  and  document  their 
public benefit. New projects should be reviewed against the land trust's 
project  selection  criteria  when  the  site  inspection  has  been  completed 
and when there is sufficient certainty regarding the most critical terms 
and conditions of the project. Any conditions that need to be met before 
closing should also be identified. It is important that the transaction be 
completed as described in the project selection forms developed by the 
land trust and in any board resolution authorizing the project. 
Establishing and reviewing project selection criteria are essential to land 
trusts. However, even established land trusts sometimes operate without 




                                          Project Selection and Criteria        29



                                             them or need to revisit and update their criteria periodically. Adopting 
                                        written project selection criteria is required by Land Trust Standards and 
                                             Practices.  Although  such  adoption  takes  time,  having  selection  criteria 
                                             yields many benefits.

                                                 * Criteria help ensure the land trust focuses on important projects, 
                                                   promoting  wise  use  of  its  time  and  money.  Criteria  allow  land 
                                                   trusts to be able to reject projects when they are too small, have 
       The purpose of selection                    little resource value or do not advance a land trust's mission and 
 criteria is to establish whether                  goals.
a project is eligible for the land 
                                                 * Criteria flag potential problems and issues that otherwise might be 
           trust's consideration.                  overlooked. Considering a property in light of a land trust's crite-
                                                   ria helps staff, committees and the board focus on the pros and 
                                                   cons of working on particular projects, and allows the land trust to 
                                                   make an informed decision based upon its analysis of the project's 
                                                   risks and benefits.
                                                 * Criteria communicate a land trust's policies and priorities to land-
                                                   owners and to land trust personnel. Criteria help landowners see 
                                                   a land trust as objective and professional. They also allow initial 
                                                   discussions  with  landowners  to  proceed  in  an  efficient  manner 
                                                   because  the  land  trust  knows  exactly  what  information  it  must 
                                                   gather to satisfy its criteria.
                                                 * Criteria focus the evaluation of a project on its merits rather than 
                                                    personalities involved. The objective nature of criteria is even more 
                                                   important when the landowner is closely related to the organiza-
        New projects should be                     tion (board member, donor or influential member of the commu-
reviewed against the land trust's                  nity) or when the landowner is unpopular or unpleasant. 
 project selection criteria when 
                                                 * Criteria  provide  the  land  trust  with  justifications  for  declin-
    the site inspection has been                   ing a project. This is the benefit most often cited by land trusts 
   completed and when there is                     when  asked  why  they  adopted selection  criteria.  It helps  a land 
   sufficient certainty regarding                  trust explain to its supporters and the community why parcels are 
     the most critical terms and                   rejected, and helps a land trust avoid feeling pressured to under-
      conditions of the project.                   take conservation of a property that may have sentimental value to 
                                                    a landowner but little conservation value.
                                                 * Criteria help a land trust be strategic in protecting those lands that 
                                                    are most important to the organization. Written criteria that are 
                                                   created based upon a land trust's mission, goals and organizational 
                                                    strategic plan (and strategic conservation plan) help a land trust 
                                                    achieve these goals and demonstrate success to its supporters and 
                                                   community.
                                                 * Criteria provide a consistent approach to all land trust projects so 
                                                    that important steps are not forgotten and all necessary approvals are 
                                                   obtained.




                                       30        Evaluating and Selecting Conservation Projects



Developing Project Selection Criteria
Criteria can be presented in a variety of formats, including:

    * A narrative summary of the criteria for landowners or members of 
       the public; and
    * A  checklist,  questionnaire  or  outline  that  land  trust  personnel          Organizational strategic plan The 
       use during a field visit or as they see a project through its various           product of a disciplined effort to produce 
       stages.                                                                         fundamental  decisions  and  actions  that 
                                                                                       shape  and  guide  what  an  organization 
Most  land  trusts  use  selection  criteria  that  require  a  qualitative  judg-     is, what it does, and why it does it, with 
ment on behalf of land trust staff, volunteers or board members about                  a focus on the future. In a typical plan-
whether a particular project should be accepted or declined. Other land                ning process, the land trust board devel-
                                                                                       ops  a  common  vision  of  what  it  wants 
trusts and, more frequently, public agencies, use a quantitative method of             the organization to become. From there it 
selecting projects by determining particular qualities that are important              establishes the land trust's overall mission 
to the organization and the community it represents and assigning values               or  purpose.  Then  it  establishes  goals  to 
to these qualities. Projects that score the most points in such a ranking              achieve the mission and activities that will 
                                                                                       begin to achieve the goals.
system are the projects that the land trust decides to pursue. Some land 
trusts combine the two approaches by using a qualitative approach for                  Strategic  conservation  plan  A 
                                                                                       process that produces tools to aid decision 
conservation easement or fee title donations and a quantitative approach               makers in identifying, prioritizing, pursu-
for their purchase. Samples of these two types of criteria are included                ing and protecting those specific tracts of 
at the end of this chapter (see page 60). See also the list of additional              land  that  will  most  effectively  and  effi-
                                                                                       ciently achieve the land trust's mission.
resources at the end of this chapter.
Some land trusts also develop different types of criteria for different types 
of projects. Thus, there may be one set of criteria for fee acquisitions 
that addresses the costs of ownership and management, and another for 
conservation  easements  that  addresses  perpetual  stewardship  consider-
ations. The makeup of selection criteria varies widely in both level of detail 
and content, but generally includes a review of at least the following:
  1. Consistency with mission and goals;
  2. Resource and public benefit values (factors weighing in favor of a 
       project);
  3. Feasibility (factors weighing against a project); and 
  4. Significance or priority of a project.
The first category is addressed below under "Organizational Considera-
tions," and assessing the public benefit of a project is discussed in chapter 2. 
The specifics of site inspections are discussed in chapter 3. Suggestions 
on what to include in your project selection criteria are described in the 
next section. 

General property description
It is important for the land trust to gather general information about the 
property as well as more specific information about the resources being 


                                           Project Selection and Criteria        31



                                           protected. A brief overview of information to be obtained is included 
                                      here, but more information is often gathered during the actual site inspec-
                                           tion and, therefore, presented in chapter 3. 
                                           A land trust needs to have a way to document the necessary informa-
                                           tion it collects about a specific project and a process to determine what 
Some land trusts also develop         the information means and whether it is a conservation project that the 
 different types of criteria for      land trust wants to pursue. Regardless of where the land trust records the 
   different types of projects.       general property information, it is important to include a description of 
                                      the property and its resources. 
                                      A  thorough  site  inspection  commences  with  an  interview  with  the 
                                      landowner(s) designed to elicit the following information:

                                               * The past and current uses of the land;

                                               * The land's future proposed uses (by the landowner or others who 
                                                 may hold interests in the land, such as owners of mineral rights or 
                                                 road easements); 
                                               * The presence of hazardous materials stored or buried on the prop-
                                                 erty; and
                                               * The  types  of  land  management  issues  the  landowner  faces  (tres-
                                                 pass, invasive species, and so forth). 
                                      The interview is followed by a site inspection that provides the land trust 
                                           with information that may or may not have been obtained during the 
                                           landowner interview, specifically:

                                               * A description of the land's physical characteristics;

                                               * Identification of the property's conservation values;

                                               * Identification of management issues (overgrazing, erosion, evidence 
                                                 of heavy off-highway vehicle use, for example) that may need to be 
                                                 addressed to conserve those values;
                                               * An analysis of perpetual stewardship issues (distance of land from 
                                                 land trust office, difficulty with monitoring due to lack of access 
                                                 or terrain, and so forth);
                                               * Any evidence of hazardous materials that warrants further inves-
                                                 tigation; and
                                               * A description of surrounding land uses. 
                                      In the event a land trust is considering a fee acquisition of the property, 
                                           additional information may need to be gathered, including:

                                               * The  taxes  that  must  be  paid  on  the  land  (property  tax,  use  tax, 
                                                 ditch, water, or other assessments);
                                               * Public access issues that must be addressed; and

                                               * The  land's  management  requirements  (maintenance,  irrigation, 
                                                 restoration, for example). 


                                     32        Evaluating and Selecting Conservation Projects



By assembling this information, a land trust can make an informed deci-
sion about whether to pursue the conservation transaction.
After an owner interview and site inspection, the land trust should have 
the following information about the property:

    * Property location and acreage (legal description);

    * Ownership details (how many people or entities own the property, 
      how do they own it, are they united in their desire to conserve the 
      property, etc.);
    * Goals of the landowner(s) (need to sell the land or an easement, 
      subdivide  property,  ability  to  donate  the  land  or  an  easement, 
      etc.);
    * County in which the property is located;

    * Context: region, priority area, focus area;

    * Zoning and land use issues that may affect the property (limits on 
      development potential, development on adjacent properties, etc.);
    * Improvements: what exists on the property;

    * Evidence  of  hazardous  waste  (storage  tanks,  evidence  of  trash 
      burial, empty barrels, etc.);
    * Current and past activities on the land; 

    * Surrounding land uses;

    * Proposed future uses (agriculture, timber harvest, mineral develop-
      ment, etc.); and
    * Land management issues. 
The property description should also include information as to the general 
resources and property land types, such as forest, woodland, grassland, 
agricultural land, riparian, or wetland. 

Project type
The type of transaction being considered should be recorded. Is it a

    * Fee purchase 

    * Conservation easement purchase 

    * Sale to third party 

    * Fee donation 

    * Conservation easement donation 

    * Bargain sale of fee title

    * Bargain sale of conservation easement

    * Amendment to conservation easement

    * Other 





                                             Project Selection and Criteria    33



      Is the project consistent with mission and goals?
      If  the  project  is  not  consistent  with  your  mission  and  goals,  red  flags 
      should  wave!  In  most  cases,  a  project  should  not  be  pursued  if  you 
      answer "no" to this question (see further discussion in "Organizational 
      Considerations").

      Is the project consistent with the land trust's organizational 
      strategic plan (and strategic conservation plan) and with its land 
      trust priorities/focus areas?
      Ideally, the land trust has completed an organizational strategic planning 
      process and a strategic conservation plan to define its protection priorities 
      (both resources and geographic areas). If the proposed project does not fit 
      with these plans, there still may be some flexibility in deciding whether 
      or not to pursue the project. Your decision will depend upon the level of 
      detail of your plan(s) and whether there is any room for variance.

      Is the project part of a specific program?
      Strategic  conservation  plans  (and  often  some  organizational  strategic 
 plans) define and identify by name the priority resources and/or prior-
      ity  regions  in  which  a  land  trust  wishes  to  complete  projects. This  is 
      where these regions can be identified. For example, the specific program 
      might be individual landowner assistance (good projects outside prior-
      ity  areas);  a  community  conservation  project  (projects  within  priority 
 area); a watershed protection program (a specific focus area); or a habitat 
 protection program (a specific focus area).

      Resource and public benefit values
      Identifying a property's conservation values and having land trust person-
      nel acknowledge which conservation values are being protected are crucial 
      first steps in the project selection process. Until land trust staff or volun-
      teers identify the property's conservation values, a land trust cannot begin 
      to develop a conservation strategy for the property. The preservation and 
      protection of a property's conservation values form the foundation of any 
      conservation easement or fee acquisition. Without this baseline informa-
      tion, a land trust cannot begin to determine what uses and activities are 
      acceptable in light of the resources to be protected. 
      Therefore,  project  criteria  should  include,  at  a  minimum,  a  general 
      summary of the conservation values. The Internal Revenue Code and 
      IRS  regulations  include  the  following  four  categories  of  conservation 
      values.  Satisfying  the  "conservation  purposes  test"  should  be  one  key 
      component of the project selection process, particularly for conservation 




34        Evaluating and Selecting Conservation Projects



easement donations. To satisfy the conservation purposes test, the project 
must meet one or more of the following: 

    * Outdoor  Recreation  and  Education  Values:  the  preservation 
      of land areas for outdoor recreation by, or the education of, the 
      general public [see Treasury regulations 1.170-14(d)(2)].
    * Natural Resources Conservation Values: the protection of a rela-
      tively natural habitat of fish, wildlife, or plants, or similar ecosys-
      tem [see Treasury regulations 1.170-14(d)(3)].
    * Open Space Conservation Values: (A) the preservation of open space 
      (including farmland and forestland) where such preservation is for 
      the scenic enjoyment of the general public and will yield a signifi-
      cant public benefit [see Treasury regulations 1.170-14(d)(4)].
    * Open  Space  Conservation  Values:  (B)  the  preservation  of  open 
      space (including farmland and forestland) where such preservation 
      is pursuant to a clearly delineated federal, state or local govern-
      mental conservation policy and will yield a significant public bene-            Identifying a property's  
      fit [see Treasury Regulations 1.170-14(d)(4)] .                                 conservation values and  
    * Historic  Conservation  Values:  the  preservation  of  an  historically        having land trust personnel 
      important  land  area  or  certified  historic  structure  [see Treasury        acknowledge which conservation 
      regulations 1.170-14(d)(5)].                                                    values are being protected are 
The conservation purposes test will be discussed more fully in chapter 2.             crucial first steps in the project 
                                                                                      selection process.
Additional resource values
In addition to considering the specific resource values set forth in the 
Internal Revenue Code and Treasury regulations, land trusts generally 
favor projects with characteristics that fall into the following categories:

    * Provides open space valuable to a community due to its proxim-
      ity to developing areas or because it helps define a community's 
      identity;
    * Furthers and/or is consistent with government conservation plans 
      or policies;
    * Buffers,  adds  to  or  otherwise  helps  protect  or  improve  already 
      protected areas;
    * Is under probable threat from future development;

    * Or is not under immediate development threat;

    * Represents a prudent financial investment in conservation;

    * Is of sufficient size to provide public benefit and its resource values 
      are likely to remain intact, even if adjacent properties are devel-
      oped; and
    * Initiates  or  serves  as  a  precedent  that  leads  to  additional 
      protection.



                                         Project Selection and Criteria         35



      Feasibility factors
      Land trusts may find that a proposed project has important resource values 
 and meets the land trust's mission and goals, but nonetheless presents issues 
 that may weigh against accepting the project. These issues may include:

          * Probable  development  of  adjacent  properties  in  a  manner  that 
            would significantly diminish the conservation values of the prop-
            erty in question;
          * Landowner  insistence  on  provisions  in  a  conservation  easement 
            that would seriously diminish the property's primary conservation 
            values;
          * Inadequate access to the property for management or monitoring;

          * Expensive  stewardship  responsibilities  due  to  the  location  of  the 
            property,  maintenance  of  structures,  management  of  resources, 
            hazards or liability problems, or the cost of property taxes;
          * Unusually  difficult  stewardship  responsibilities  (e.g.,  multiple  or 
            fractured ownerships, frequent incidence of destructive trespass-
            ing, fencing restrictions, irregular configuration of the property, 
            easement provisions that are difficult to enforce or monitor, etc.);
          * Lack  of  staff  or  volunteer  capacity  to  manage  the  project  over 
            time;
          * Lack of financial capacity to monitor and defend the easement or 
            manage and care for the land;
          * Ethical, public image or conflict of interest problems if the land 
            trust accepts the project;
          * Adverse impact on the conservation resources of the planned open 
            space from a proposed overall development project; 
          * Irreparable contamination (or prohibitive cleanup costs); and

          * Excessive work (in relation to the conservation value) required to 
            obtain the property. 

      Significance or priority
      The final factor generally addressed by selection criteria is the question 
 of whether or not a particular project is of enough significance (or ranks 
 high  enough  on  a  land  trust's  list  of  priorities)  to  merit  the  expendi-
      ture of the organization's scarce resources. At this point, the land trust 
      may evaluate the threat of development to a particular parcel to help it 
 make a decision. Some land trusts choose parcels that are under threat of 
 imminent development, while others choose projects that have minimal 
 development pressures. After analyzing a project, a land trust may still 
 determine its significance is too low to pursue even if it otherwise meets 




36        Evaluating and Selecting Conservation Projects



the land trust's goals. In such cases, the land trust may decide to decline a 
project or refer the project to a more suitable conservation organization.
All of these selection criteria should be reviewed by land trusts on occasion 
and refined as the organization grows, adjusts its mission, or adds focus 
areas or priorities for conservation. A land trust may also wish to revise its 
checklist based upon lessons learned from applying the criteria to several 
different projects. It is wise to establish a timeframe (every two years, every 
five years, in conjunction with strategic or conservation plan updates, etc.) 
for reviewing and/or revising the organization's selection criteria.

Organizational Considerations

Mission Statement
Most land trusts find that they would like to conserve more land than 
their organization has the capacity to. In order to be effective at serv-              A land trust may wish to revise 
ing  its  community,  a  land  trust  needs  protection  guidelines  so  that  it      its checklist based upon lessons 
uses its time and funds in a manner that maximizes the organization's                  learned from applying the crite-
scarce resources. The tools that will help a land trust create guidelines              ria to several different projects. 
are its organizational strategic plan and its strategic conservation plan. 
A  land  trust  defines  its  organizational  purpose  by  adopting  a  mission 
statement, goals and an organizational strategic plan (including program 
focus areas). Many land trusts also adopt a strategic conservation plan to 
further identify and refine their protection priorities.
A  mission  statement  defines  the  land  trust's  geographic  scope  and  the 
resources it works to protect. Sometimes a land trust's mission statement 
defines particular land protection goals or priorities, sometimes these goals 
are implicit, and sometimes these goals are identified separately - as an 
adjunct to the mission statement or as part of the strategic conservation 
planning  process. The  practices  identified  in  Land Trust  Standards  and 
Practices Standard 1 form the foundation of every land trust's operations.
    Standard  1.  Mission. The  land  trust  has  a  clear  mission  that 
    serves a public interest, and all programs support that mission. 
        Practice  1A.  Mission.  The  board  adopts,  and  periodi-
        cally reviews, a mission statement that specifies the public 
        interest(s) served by the organization.
        Practice 1B. Planning and Evaluation. The land trust regu-
        larly establishes strategic goals for implementing its mission 
        and routinely evaluates programs, goals and activities to be 
        sure they are consistent with the mission.




                                           Project Selection and Criteria        37



      Questions that all trusts should be prepared to answer with respect to its 
      mission and goals include: 

          * What is the land trust trying to accomplish? 

          * What will be its geographic area of operation? 

          * What conservation tools will it use or not use?

          * Will the land trust work in partnership with government agencies 
            or strictly in the private sector? 
      For additional help in developing or revising your land trust's mission 
      statement, see the Land Trust Alliance course "Mission, Planning and 
      Capacity."

      Goals
      The land trust's goals are legally articulated in its articles of incorpora-
      tion, and the land trust should be sure that its transactions are consistent 
      with these stated goals. The IRS grants a land trust tax-exempt status 
 to pursue these stated goals; to maintain its tax-exempt status the land 
      trust must continue to operate for the charitable purposes stated in its 
      charter.
      As a practical matter, however, the goals stated in the articles of incor-
      poration are generally intended to allow an organization to engage in 
      the widest possible range of activities with the most extensive powers 
      permitted by law and may not provide an organization with clear guid-
      ance as to its specific role. At some point in its first few years, a land 
 trust  should  undertake  a  strategic  planning  effort  to  identify  a  more 
 specific focus that can make the best use of the land trust's money and 
 time, provide significant benefit to the community, and build a coher-
      ent, synergistic program to protect significant conservation values. This 
      effort will provide the land trust with clear guidance as to the kinds of 
      projects it should undertake.
      For guidance on drafting articles of incorporation and maintaining tax-
      exempt status, see the Land Trust Alliance course "How to Comply with 
 Nonprofit Law and Create Sound Records."

      Setting Priorities and Developing a Strategic 
      Conservation Plan
      In addition to developing and adopting the land trust mission and goals 
 and undertaking an organizational strategic planning process, the land 
 trust should also develop a strategic conservation plan to establish priori-
      ties and target resources or focus areas. 




38        Evaluating and Selecting Conservation Projects



    Practice 8A. Identifying Focus Areas. The land trust has identi-
    fied specific natural resources or geographic areas where it will 
    focus its work.
This process naturally follows the broad mission statement and goals and 
will help define the organization's focus. Generally, this process will lead 
the  organization  to  prioritize  certain  resources  or  geographic  regions.      At some point in its first few 
Examples of resource priorities include:                                             years, a land trust should under-
                                                                                     take a strategic planning effort 
    * Important agricultural lands;                                                  to identify a more specific focus 
    * Scenic view planes; and                                                        that can make the best use of 
    * Riparian corridors.                                                            the land trust's money and time, 
This process also focuses the land trust's resources on certain geographic           provide significant benefit to 
areas and/or specific areas of interest.                                             the community, and build a 
                                                                                     coherent, synergistic program to 
Both an organizational strategic plan and a strategic conservation plan              protect significant conservation 
will help a land trust stay focused, especially when the demand for work             values.
outpaces staff resources. These plans can also help a land trust determine 
which types of conservation programs (fee ownership, purchase of devel-
opment rights, acceptance of conservation easement donations, etc.) it 
will engage in. When demand for the land trust's expertise and assistance 
exceeds staff or volunteer resources, hard decisions need to be made. It is 
helpful for the land trust have these plans as a both a guide and a basis for 
its decision-making process. 
While  this  course  is  not  designed  to  address  mission,  goals,  organiza-
tional strategic planning, and strategic conservation planning in depth, it 
is important to raise these topics when discussing project selection. Simply 
put, a land trust cannot begin to evaluate and select individual conservation 
projects without having this structural framework in place. See the addi-            Both an organizational strategic 
tional resources at the end of this chapter for approaches to creating stra-         plan and a strategic conserva-
tegic land protection plans and identifying focus areas. See also the Land           tion plan will help a land trust 
Trust Alliance courses "Mission, Planning and Capacity" and "Strategic               stay focused, especially when the 
Conservation Planning " for more information on strategic planning.                  demand for work outpaces staff 
                                                                                     resources. 
The Nexus between Mission, Goals, 
Organizational Capacity, and Project Selection: 
Applying Project Selection Criteria

Mission, Priorities and Strategic Plan
Determining if an individual project fits with a land trust's mission and 
goals is the first question that needs to be answered in the project selec-
tion process. Think of the selection process as a series of filters, starting 
from the coarsest and finishing with the finest. The initial screens should 



                                             Project Selection and Criteria    39



                                        be easy to move through; the final screens should be much more difficult 
                                             and feature the hardest questions. Every project that the land trust selects 
                                             should fit the mission and goals of the organization and should be consis-
                                             tent with the priorities established in the organizational strategic plan 
                                             (and the strategic conservation plan, if the land trust has one). 
 Every project that the land trust           By the time your organization begins considering individual easement 
selects should fit the mission and      and land projects, you should be able to answer two key, potentially deal-
    goals of the organization and            breaking, questions: 
   should be consistent with the 
priorities established in the orga-     1. Is the project consistent with your land trust's mission, 
nizational strategic plan (and the      priorities and strategic plan?
   strategic conservation plan, if      This is the first question and should be fairly easy to answer. If the proj-
          the land trust has one).           ect is consistent with your mission and goals, move it to the next level of 
                                             project review. 


                       Example          The Little Traverse Conservancy 
                                        The Little Traverse Conservancy, located in Harbor Springs, Michigan, 
                                        consistently demonstrates the interrelationship of its mission and goals 
                                        with the kinds of projects it selects.
                                                                 Little Traverse Conservancy Mission
                                        To protect the natural diversity and beauty of northern Michigan by 
                                        preserving significant land and scenic areas and by fostering appreciation 
                                        and understanding of the environment.
                                                                               Goals
                                               1. Identify  and  protect  significant  land  in  northern  Michigan  by 
                                                   acquiring title or conservation easements.
                                               2. Manage and monitor preserves and easements, and enforce restric-
                                                   tions to protect natural values.
                                               3. Provide  educational  opportunities  to  foster  appreciation  and 
                                                   understanding of the environment and encourage conservation of 
                                                   natural resources.
                                               4. Effectively communicate with members and the public to promote 
                                                   greater involvement in the conservancy's activities.
                                               5. Continually  improve  the  effectiveness  and  involvement  of  the 
                                                   board, staff and volunteers.
                                               6. Obtain and manage funds to carry out the conservancy's work in a 
                                                   fiscally responsible manner.
                                        In  applying  this  first  test  of  the  project  selection  process,  the  Little 
                                        Traverse Conservancy would likely find that a proposed project located 




                                       40        Evaluating and Selecting Conservation Projects



on the shore of Lake Michigan north of Harbor Springs would pass the 
first project selection test because it is consistent with the Conservancy's 
mission and first goal. The project would then move to the next step of 
the selection process. 


If the project is not consistent with your mission and goals, you should 
say "no" to the project and stay focused on those programs and proj-
ects that better fit your land trust. For example, given its mission and 
goals, the Little Traverse Conservancy would likely decline to proceed 
with a project located adjacent to the town of Ann Arbor in south-central 
Michigan that was not visible from any public road. 
If  the  project  is  not  consistent  with  your  mission  and  goals,  but  you 
would like to proceed anyway, you should examine why the project does 
not fit your mission and goals and do one of two things: 

    * Decide that the project warrants an exception and seek the approval 
       (staff and/or board) required by your land trust's bylaws and/or 
       policies; or
    * Consider whether it may be appropriate for your land trust to revise 
       its mission and goals, so that this type of project would better fit 
       your land trust. This type of decision will likely require approval 
       from the board of directors. 
Although  project  opportunities  should  not  drive  an  organization's 
mission statement, a good project that does not meet a land trust's current 
mission may indicate that the mission was too narrowly drawn in the first 
place, given the community the land trust serves. Some land trusts find 
that their original mission statements need to be revised when consider-
ing a potential project. A recent mission review by the Trust for Land 
Restoration provides a good example. 

The Trust for Land Restoration (TLR) is a land trust that operates nation-             Example
wide. Its current mission is to conserve "the last worst places by restoring, 
conserving and protecting environmentally significant lands degraded by 
mining or other human activities." In 2002, TLR's mission statement did 
not contain the last four words, confining itself to protecting lands that 
had previously been mined. 
In that year, TLR was offered a conservation easement that it wanted 
to accept, but the land had not been mined. Instead, the land had been 
degraded by former owners through overgrazing. The potential project 
offered TLR an opportunity to work with the new conservation-minded 



                                           Project Selection and Criteria        41



                                       landowner to restore the land and preserve important conservation values, 
                                            including habitat for a species eligible for listing as threatened or endan-
                                            gered by the U.S. Fish and Wildlife Service. 
                                            Pat  Willits,  TLR's  executive  director,  asked  his  board  of  directors  to 
                                            consider  whether,  in  light  of  this  potential  project,  the  organization's 
Although project opportunities         mission statement had been crafted too narrowly. The board agreed that 
  should not drive an organiza-             the current statement did not completely reflect their vision for the orga-
tion's mission statement, a good            nization, and it was revised. As Willits notes, "It was completely up to 
    project that does not meet a       the board to make this decision, and some boards would not have been 
land trust's current mission may       willing to change the mission statement in these circumstances. This was 
   indicate that the mission was            a perfect situation for the TLR board to revisit our organization's role in 
 too narrowly drawn in the first            conservation and the purposes for which the land trust was formed."
place, given the community the 
               land trust serves. 
                                            If you make an exception or revise your mission statement for a particu-
                                            lar project, bear in mind that you are setting a precedent for pursuing 
                                            these types of projects, and your land trust will have a more difficult time 
                                            saying "no" to similar projects in the future. 
                                            A key principle for all land trust operations is the need to act consistently. 
                                       Many land trusts operate in small communities where their constituents 
                                       know what deals are pursued or declined. Furthermore, landowners talk 
                                            to each other - it can be very awkward, if not extremely difficult, for a 
                                       land trust to justify to one landowner why his or her project was rejected 
                                            when a similar project was approved. It is important to consider all possi-
                                            ble consequences when making an exception for a particular project or 
                                       revising a land trust's mission statement or organizational goals.

                                       2. Is the project important given the land trust's list of priorities, or 
                                       is another land trust or public agency the more appropriate entity 
                                       to handle the project? 
                                       In asking this question, you are moving to the next step of the selection 
                                            process by assessing where a particular project might rank in the land 
                                            trust's focus areas. For example, your land trust mission statement, goals 
                                            and strategic plan may identify important agricultural lands as one natu-
                                            ral resource your organization works to protect. In your selection criteria, 
                                       the conservation of agricultural lands with prime and unique soils may 
                                       rank higher than the protection of agricultural lands used solely for graz-
                                            ing. If the project in question contains only grazing lands, but no prime 
                                            and unique soils, it may not rank high enough to qualify as a project that 
                                            is  important  to  your  organization.  It  may  therefore  be  appropriate  to 
                                            decline the project at this point in your analysis.
                                            Whether  your  land  trust  is  the  most  appropriate  entity  to  handle  the 


                                      42        Evaluating and Selecting Conservation Projects



project is a question of staffing/volunteer capacity, land trust finances and 
local politics. If you happen to work in an area of the country where there 
are no other land trusts, the analysis may be simple: either your organi-
zation accepts the project, or the project will be abandoned. However, if 
the project is marginal (that is, has limited conservation benefits and is 
not entirely consistent with your mission and goals) you should carefully 
evaluate whether it's worth pursuing. 
The more likely scenario is that you have two projects of similar appeal and 
you cannot complete them both based upon your organizational resources. 
In this case, you have to make a decision as to which project gets your 
land trust's attention and which project gets postponed or perhaps turned 
down. Your selection criteria and process helps guide your decision. 
If both projects are comparably ranked, and only one can be pursued, it is 
helpful to examine which project demands more time and resources and 
to select the project that can be completed more efficiently. In reality, no 
two projects are exactly the same, and the land trust will need to weigh a 
combination of factors to decide where to spend its limited resources.             If both projects are comparably 
                                                                                   ranked, and only one can be 
If there are other land trusts or conservation organizations operating in          pursued, it is helpful to exam-
the same region, the best scenario for completing the greatest number              ine which project demands 
of good conservation projects may be for the different groups to come              more time and resources and 
together,  discuss  the  opportunities,  priorities  and  potential  projects      to select the project that can be 
within the region, and create a partnership agreement or memorandum                completed most efficiently. 
of understanding that outlines each organization's roles and responsibili-
ties. Of course, this scenario assumes a perfect world of good communi-
cation and cooperation. While such partnerships can be difficult, they are 
also the most efficient and effective ways to articulate each organization's 
priorities and develop a strategy to preserve the most important lands 
within your region. By doing so, you will also become familiar with the 
other conservation groups and their mission and goals, which will allow 
you to refer projects your land trust must decline to another organiza-
tion that may be more appropriate for the task. For more information on 
evaluating partnerships and partnership documentation, see Practices 8I 
and 8J of Land Trust Standards and Practices.

Organizational Capacity
The next part of the selection process involves assessing the impact the 
project may have on the land trust's limited resources. This assessment is 
critical to ensuring that the land trust's resources are applied prudently 
to the projects that most significantly achieve the organization's mission. 
Practice 7A reflects the need to analyze the impacts a project has on an 
organization's capacity:


                                          Project Selection and Criteria     43



                                                          Practice  7A.  Capacity.  The  land  trust  regularly  evaluates  its 
                                                          programs, activities and long-term responsibilities and has suffi-
                                                          cient volunteers, staff and/or consultants to carry out its work, 
                                                          particularly when managing an active program of easements.
                                                      Few land trusts, no matter how well staffed and funded, can complete all 
                                                      the conservation projects they would wish to. The challenge is to craft 
                                                      your selection process and criteria to highlight those projects where you 
                                                 will get the most "bang for the buck."

                                                      Financial Details and Considerations
                                                      Although a property or project may contain conservation and natural 
                                                 resource  values  or  other  public  benefits,  additional  factors  should  be 
                                                 considered  in  evaluating  the  project.  Completing  land  and  easement 
                                                 projects  is  time  consuming,  the  amount  depending  upon  the  type  of 
                                                 project and its specifics. 
                                                 Donated conservation easements are generally the quickest projects to 
                                                 complete; fee purchases generally take the longest. Purchasing conserva-
                                                      tion easements can be very time consuming, especially if the land trust 
                                                      needs to obtain the funds from outside sources (state or federal programs, 
                                                      private foundations, and so forth) or if there are many parties involved 
                                                      in the transaction.
Reserved  rights The  rights  to  use  or 
develop the property reserved by the land-            Land trust selection criteria should provide a framework for examining 
owner  under  the  terms  of  the  conserva-          the real costs of completing a project. Estimating the amount of staff or 
tion easement.                                        volunteer time a project requires can be a challenge, but certain aspects 
                                                      can be analyzed and quantified fairly confidently. For conservation ease-
                                                      ments, they include the following:

                                                          * Reserved Rights. The extent and nature of reserved rights included 
                                                            in a conservation easement can greatly increase the time it takes to 
                                                            complete the project and will also increase long-term stewardship 
                                                            responsibilities. In addition to the time it takes to negotiate build-
                                                            ing  envelope  location(s),  subdividable  parcels  or  limitations  on 
                                                            any land use activities, such as timber cutting, the land trust must 
                                                            examine the overall impacts of these provisions on the property's 
                                                            conservation values. Therefore, the more reserved rights a project 
                                                            requires and the greater their complexity, the longer it will take 
                                                            land trust personnel to negotiate and draft documents to reflect 
                                                            these provisions. (See, for example, the Property and Environment 
                                                            Research Center study referenced in Additional Resources at the 
                                                            end of this chapter.)
                                                          * Stewardship Issues. Every restriction contained in a conservation 
                                                            easement must be monitored and may be subject to an enforce-
                                                            ment action. When considering whether to accept a conservation 


                                                44        Evaluating and Selecting Conservation Projects



      easement, analyzing the time and costs necessary to steward these 
      restrictions is part of the selection process. For example, restric-
      tions preventing hunting on a property will require a great deal of 
      monitoring, and thus will require a great deal of capacity to stew-
      ard in perpetuity. If your land trust has a model easement, it may 
      be able to confine this analysis to those restrictions that are new or 
      different from those in the template (presumably, the land trust's 
      adoption of its model easement is an acknowledgement that it has 
      the capacity to steward the restrictions in the model). 
For  more  information  on  these  topics,  see  the  Land  Trust  Alliance 
courses  "Conservation  Easement  Drafting  and  Documentation"  and 
"Determining Stewardship Costs and Raising and Managing Dedicated 
Funds."
In addition to costs associated with staff or volunteer time, a land trust 
should evaluate the out-of-pocket costs a project may require. Factors 
that may influence these costs for any particular project include:

    * Professional services that may be required to assess land manage-
      ment plans or advise on restrictions necessary to protect the conser-
      vation values;
    * Distance of the property from the land trust's office, which makes 
      monitoring more costly;
    * A landowner who lives out of state or out of the country;

    * Projects arising late in the year that need to close by December 31; 

    * Fundraising costs associated with a purchase project (either ease-
      ment or fee);
    * Researching conservation values on a particular piece of land; and

    * Legal fees and closing costs.
Finally, a land trust should consider the "opportunity cost" of each proj-
ect. In other words, if the land trust decides to proceed with this particu-
lar project, what other opportunities might it be foregoing? To help assess 
this issue, a land trust might ask:
  1. Will accepting this project divert staff resources from other 
      priorities? 
  2. Is the land trust comfortable proceeding with the project even if 
      it means it must decline other projects to complete this one?
  3. Is the project controversial and thus potentially harmful to the 
      land trust's reputation or ability to secure future projects?
Once the land trust has finished analyzing a project in terms of its organi-
zational capacity, these findings should be reflected in a document retained 
by the land trust. Such a document may be in the form of a specific section 



                                        Project Selection and Criteria      45



      in the selection criteria checklist that addresses organizational capacity, or 
      it may be a detailed record of the board's deliberations and part of the 
 meeting minutes, or it may be a "memo to the file." Regardless of whether 
      the land trust decides to proceed or not to proceed with the project, such 
 documentation should be part of either the new project file or the declined 
 projects file. Keeping written records of the project selection process assists 
      the land trust in providing a rationale for its decision making. It also helps 
      the land trust prepare for its perpetual stewardship obligations and is a 
 vital part of a professionally run organization. The importance of such 
 recordkeeping is underscored by Practice 9G.
          Practice 9G. Recordkeeping. Pursuant to its records policy, the 
          land trust keeps originals of all irreplaceable documents essential 
          to the defense of each transaction (such as legal agreements, crit-
          ical correspondence and appraisals) in one location, and copies 
          in a separate location. Original documents are protected from 
          daily use and are secure from fire, floods and other damage.
      For more information on recordkeeping, see the Land Trust Alliance course 
      "How to Comply with Nonprofit Law and Create Sound Records."

      The Board's Discretionary Role-Exceptions to Project 
      Selection Criteria
      Although selection criteria are vitally important, ultimately the decision 
      about whether to conserve a particular property or not rests in the discre-
      tionary authority of the land trust's board of directors. Many land trusts 
      acknowledge  this  discretionary  role  within  the  body  of  their  selection 
      criteria by stating that the board retains this authority and will examine 
      each  project  on  a  case-by-case  basis.  Boards  may  decline  projects  that 
 meet the selection criteria for a number of reasons, including practical 
      considerations such as:

          * Other organizational priorities; 

          * The particular timing of a project (for example, a good project that 
             is proposed in November but which must close by the end of the 
             year); or 
          * The complexity of a project. 
      In addition, a board may exercise its discretionary role by approving a 
      project that is marginal - a project that barely meets the selection crite-
      ria or falls just short. The board may decide to pursue such a project 
      because:

          * No other organization can do so and it is worthy of completing by 
             some entity;



46        Evaluating and Selecting Conservation Projects



    * It will establish an important relationship with a landowner, agency 
      or funder;
    * The  project  is  important  not  in  and  of  itself  but  as  a  piece  of  a 
      bigger conservation picture;
    * Some aspect of the project's resources is of value even though this 
      value is not reflected by the organization's written project selection 
      criteria. 
In  such  circumstances,  a  board  must  carefully  consider  why  the  proj-             Although selection criteria are 
ect should be pursued even though it does not fit within the land trust's                  vitally important, ultimately 
selection criteria (or cannot be revised to fit the criteria) and make written             the decision about whether to 
findings that address at least the following:                                              conserve a particular property 
  1. No reasonable conservation alternative exists, including revising                     or not rests in the discretion-
      the project;                                                                         ary authority of the land trust's 
  2. The project is consistent with the land trust's mission;                              board of directors. 
  3. Public benefit will be derived;
  4. The project will not be an unreasonable drain on the land trust's 
      resources; and
  5. No ethical or public image problems are involved.

Public Relations and Outreach
A land trust should develop a clear communications strategy with land-
owners, its members, project partners and others concerning the project 
selection process. The process should be transparent, consistently applied 
and easily understood by landowners, the community, conservation part-
ners and the public at large. A transparent process establishes profession-
alism, and it clarifies and communicates how projects are selected and 
approved.
Each member of a land trust's staff, its volunteers and its board of direc-
tors should understand who is authorized to discuss the results of the 
project selection process with people outside the organization, and how 
such discussion should be handled. A land trust should take care that 
any disagreements about decisions made throughout the process remain 
confidential, avoiding unprofessional discussions about conflicting view-
points. The activities of a land trust are highly visible, and the process of 
evaluating and selecting projects is fundamental to the land trust's day-
to-day  work.  Adopting  and  consistently  using  a  selection  process  that 
meets the principles discussed in this course establishes the framework 
for a trustworthy organization. 





                                            Project Selection and Criteria           47



                                             Declining a Project
                                             Declining a project will, at times, be the right course of action; however, it 
                                        is not always easy. For those projects where the landowner has approached 
                                             the land trust, the challenge lies in how the land trust tells a landowner it 
                                             must decline the project, while preserving relations with that landowner 
        The process should be                (or at least not alienating the landowner from the land trust or conserva-
      transparent, consistently              tion in general). 
 applied and easily understood               The  land  trust  should  establish  an  honest  relationship  with  the  land-
by landowners, the community,                owner at the beginning of discussions by educating the landowner about 
    conservation partners, and          the selection process and the land trust's selection criteria, not by creating 
            the public at large.        false expectations that the project will be approved. Giving landowners 
                                        this information up front will help preserve the relationship if the land 
                                        trust must decline a project. 
                                        Land trusts use different methods for declining a project, including send-
                                             ing a courteous letter that explains the land trust's rationale or commu-
                                             nicating the information in person. Some tips for helping to soften the 
                                             news of rejection include:

                                                 * Suggesting alternative options (for example, suggest the landowner 
                                                   impose private deed restrictions); and
                                                 * Referring the landowner to another organization or agency whose 
                                                   mission might include the conservation of this particular type of 
                                                   property.





















                                       48        Evaluating and Selecting Conservation Projects



Notes







































   Project Selection and Criteria    49



C   A   S   E     S   T   U   D   Y



             Vermont Land Trust
             This case study may be completed in an instructor-led training or through self-study. In 
             this case study, you can see the value of well-conceived and implemented project selection 
             criteria to a land trust's work. 
                Read the case study and answer the questions below. Guidance on reading the case 
             study follows the questions.

             The Vermont Land Trust (VLT) adheres to a strict policy of applying its selection 
             criteria to potential new projects and rejecting those that do not conform to criteria, 
             while striving to retain good relations with the landowners whose projects the land 
             trust rejected. Fourteen years ago, the land trust was approached by precisely the type 
             of landowner the organization prizes - a woman who owned a 96-acre farm that she 
             managed for sustainable organic production. She approached VLT about donating an 
             easement to protect the productive farmland and open space she owned.
             When VLT applied its selection criteria, it found that the landowner's lack of clar-
             ity about the number of development rights she wanted to reserve for the property 
             created too many "unknowns" about the future of the land, so VLT declined the proj-
             ect. Over the years, the landowner submitted three or four new proposals to VLT, 
             including  one  that  would  have  allowed  a  co-housing  development  (an  intentional 
             community with private homes and shared common spaces) on the property, all of 
             which were declined by the land trust because the projects, as proposed, did not fit 
             VLT's selection criteria. 
             During the 14 years of periodic discussions with the landowner, VLT strived to be 
             honest about its concerns about reconciling its conservation goals with the landown-
             er's development needs, but never tried to pressure the landowner to propose a differ-
             ent plan. Instead, VLT did its best to communicate patience while the landowner 
             wrestled with her plans for the future of her farm.
             Fourteen years after the landowner initially proposed conserving her farm with VLT, she 
             proposed a conservation easement with no house sites on 50 of her 96 acres, keeping out 
             the remaining 46 acres for her cherished dream of a co-housing project. The Vermont 
             Land Trust accepted the proposal and now holds a conservation easement on the farm.

             The Vermont Land Trust (VLT) is a statewide land trust that has conserved more than 450,000 
             acres, which represents about 8 percent of all the private, undeveloped land in the State of Vermont, 
             including more than 500 working farms. The Vermont Land Trust helps landowners voluntarily 
             limit development on productive farm and forest land and other meaningful natural and community 
             places. In addition, VLT is one of the state's largest landowners.



                          50      Evaluating and Selecting Conservation Projects



                                                                          C   A   S   E     S   T   U   D   Y



Discussion Questions
  1. Why do you think VLT declined the project when it was first proposed?
  2. Why did the landowner continue to propose conservation projects to VLT after 
      being turned down the first time?
  3. What  did  VLT  gain  by  investing  in  14  years  of  discussions  with  this 
      landowner?

Guidance
  1.  The Vermont Land Trust's mission is to conserve productive farmland, so its 
      selection criteria assist the organization in choosing projects that are planned to 
      promote and preserve working farms in Vermont. Land trusts always consider 
      the extent and location of reserved development rights sought by a landowner 
      in order to determine if those reserved rights are consistent with the conserva-
      tion of those lands. In this instance, VLT applied its criteria and rejected the 
      landowner's multiple proposals based upon the development's potential impact 
      on agricultural soils and the ability to keep the land viable for agriculture (that 
      is, of sufficient size to be sustainable without fragmentation).
  2.  Because VLT was honest with the landowner about both its desire to work with 
      her to conserve her farm and its need to work with farms where reserved devel-
      opment rights would not adversely affect the land's ability to continue in agri-
      culture, the landowner received support for her concept and encouragement to 
      keep discussions open with VLT.  
    Over the years, the landowner learned that her proposals would be evaluated 
      without  criticism  and  that  the  land  trust  honored  her  right  to  plan  for  her 
      future  without  pressure  from  outside  sources  to  act  precipitously.  By  giving 
      the landowner the time to make the tough and permanent decisions about the 
      future of her land, VLT showed the landowner it understood the seriousness 
      of the decision and exhibited patience, respect and support for the landowner's 
      efforts.
  3.  The Vermont Land Trust gained the trust of the landowner through both its 
      internal  selection  process  and  its  consistency  in  applying  that  process. The 
      Vermont Land Trust worked hard not to alienate the landowner when it decided 
      its selection criteria dictated that the land trust reject the landowner's initial 
      conservation proposals, and demonstrated to the landowner that it was willing 
      to wait for the right projects and for the right time for the landowner to act. By 
      doing so, VLT showed that it was not in the business of pressuring landown-
      ers to conserve their land and that it was committed to accepting only those 
      projects that met its selection criteria. In the end, VLT gained an easement on 
      a property it prizes.


                                         Project Selection and Criteria        51



P   U   T   T   I   N   G     I   T     I   N   T   O     P   R   A   C   T   I   C   E



              Creating Selection Criteria for  
              Conservation Easements: A Template
              This exercise may be done either through an instructor-led training or through self-
              study. The purpose is to assist you in developing written selection criteria for conservation 
              easements. If your land trust already has selection criteria for this purpose, you may use 
              this exercise as a way to analyze the existing criteria and determine if they need to be 
              refined.
                 Fill in the blanks below with the appropriate information. You should have your 
              land trust's mission statement, goals, organizational strategic plan and strategic 
              conservation plan (if you have one) at hand when completing this template. 
                 The contents of this template are suggested as a minimum for selection criteria for 
              conservation easements - your land trust can and should add additional criteria as 
              appropriate. If the land trust acquires land in fee, additional considerations related 
              to costs of ownership and management-related issues must be added to serve as fee 
              acquisition criteria.

                                           __________________ Land Trust

                                                Project Selection Criteria
                                       Conservation Easement Acquisitions

              Background Information
              List the basic information your organization should know about a potential project before 
              deciding whether or not to proceed.

              Name of landowner: ________________________________________________
              Landowner contact information:  ______________________________________
              Type of project:  _________________________________ (donation or purchase)
              Size of property: ______________________________________________ (acres)
              Location of property: ___________________________________(county, region)
              Zoning/land use issues:  _____________________________________________
              Date of site inspection and name of inspector: ____________________________
              ________________________________________________________________



                            52      Evaluating and Selecting Conservation Projects



                                                                                  E   X   E   R   C   I   S   E



Brief description of project (deal terms and reserved rights, land and resources, 
description, why project is important, what issues must be considered, etc.): 
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________


Add other necessary background information   ______________________________
________________________________________________________________


Mission, Goals, Strategic Plan Compliance
State mission, goals, strategic plan, focus areas, and priorities of your land trust.
Mission:   ________________________________________________________
Goals:  __________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
How does this project address the land trust's mission and goals?
_______________________________________
List elements of the organizational strategic plan that this project will address:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
How  does  this  project  fit  into  the  land  trust's  strategic  conservation  plan  (if  one 
exists)? __________________________________________________________
________________________________________________________________





                                           Project Selection and Criteria        53



P   U   T   T   I   N   G     I   T     I   N   T   O     P   R   A   C   T   I   C   E



              OR Is the project located in a focus or priority area?
              List areas _________________________________________________________
              ________________________________________________________________
              ________________________________________________________________


              Conservation and Public Benefit Values
              Check boxes for compliance with the Internal Revenue Code's conservation purposes test 
              and other conservation values.
              To qualify for selection, a project must meet at least _______ ("one or more" or "at 
              least three," etc.) of the Internal Revenue Code's Conservation Purposes:
                       Outdoor Recreation and Education Values: The preservation of land areas for 
                        outdoor recreation by, or the education of, the general public.
                       Natural Resources Conservation Values: The protection of a relatively natural 
                        habitat of fish, wildlife, or plants, or similar ecosystem.
                       Open Space Conservation Values: The preservation of open space (including 
                        farmland and forestland) where such preservation is for the scenic enjoyment 
                        of the general public and will yield a significant public benefit.
                       Open Space Conservation Values: The preservation of open space (includ-
                        ing farmland and forestland) where such preservation is pursuant to a clearly 
                        delineated federal, state or local governmental conservation policy and will 
                        yield a significant public benefit.
                       Historic Conservation Values: The preservation of an historically important 
                        land area or certified historic structure.
              Significant public benefit: Describe: ____________________________________
                        Property is unique to area.
                        Land development in vicinity of property is intense.
                        Protection of land is consistent with public programs in region.
                        Protection of land is consistent with private conservation programs in region.
                        Protection of land is consistent with legislatively mandated program identify-
                        ing particular parcels of land for future protection.
                        Development of property is likely to contribute to degradation of scenic, 
                        natural or historic character of area.
                        Public may use property or appreciate its scenic values.




                            54      Evaluating and Selecting Conservation Projects



                                                                                 E   X   E   R   C   I   S   E



         Property is important in preserving local or regional landscape or resource 
          that attracts tourism or commerce to area.
         It is not likely the land trust will acquire equally desirable and valuable 
          substitute property or conservation easement.

Additional Conservation Values
Add other resource or conservation values important to the land trust, such as watershed 
protection, buffers for existing conserved properties, complies with area master plan for 
open space, etc.
________________________________________________________________
________________________________________________________________
________________________________________________________________

Feasibility Issues
Address those issues that might help the land trust reject proposals, where the risks or costs 
of completing the project outweigh the project's benefits.
A project may meet the selection criteria favoring a land protection proposal and still 
may not be accepted if ___ (one, two, etc.) or more of the following considerations 
apply:
         Adjacent development may significantly diminish the conservation values of 
          the property. 
         The landowner insists on reserved rights inconsistent with conserving the 
          property's primary conservation values.
         Inadequate or difficult access to the property for management or monitoring.
         Stewardship responsibilities will be too expensive.
         Stewardship responsibilities will be unusually difficult.
         The land trust does not have the staff or volunteers needed to manage the 
          project over time.
         The land trust does not have the financial resources to monitor and defend 
          the easement.
         Ethical, public image or conflict of interest problems exist in association with 
          the acceptance of the project.
         The proposed open space is part of a development proposal that, overall, 
          is likely to have significant adverse impacts on the property's conservation 
          resources.



                                            Project Selection and Criteria       55



P   U   T   T   I   N   G     I   T     I   N   T   O     P   R   A   C   T   I   C   E



                        The property is irreparably contaminated or the cost of cleanup is too high 
                        or the risk of accepting an easement on contaminated land is too high.
                        The easement cannot be acquired by the land trust with reasonable effort in 
                        relation to the property's conservation value.
                        The project does not satisfy state or federal requirements (legal issues, funding 
                        issues, etc.):  ________________________________________________   

                        List  other  feasibility  factors,  such  as:  property  is  too  small,  likelihood  
                        of funding too remote, little likelihood of adjacent properties being protected,  
                        etc. _______________________________________________________
                         _______________________________________________________________
              Significance or Priority of Project
              Identify significant conservation projects of high priority to the land trust.
                   * Does this project add to an existing project underway at the land trust? How?

                   * Is this project important for the land trust as a new priority area?

                   * Is this project significant enough that other projects can be postponed or rejected 
                      in order to complete this one?
                   * Does another land trust rank this property as a higher priority than we do?

              Board's Discretionary Role
              Add language confirming the discretionary role of the board's decision-making process 
              with respect to projects.
              Example: "All the preceding notwithstanding, the Board of Directors retains discre-
              tion over acquisition and will evaluate each project and proposal on its own merits 
              after careful investigation of the property, its resources and its public benefits."














                            56      Evaluating and Selecting Conservation Projects



Conclusion
Land trusts benefit in many ways by creating and implementing proj-
ect selection criteria and a project selection process. Doing so helps land 
trusts stay focused on their missions and goals, avoid accepting projects 
that will place an undue burden on their financial and human resources 
without a commensurate conservation benefit, maintain good relations 
with landowners, and sustain their reputation in the community. Having 
a project selection process with sound criteria also demonstrates that the 
land trust is familiar with the Internal Revenue Service's requirements 
and has a process for evaluating whether potential projects can satisfy 
these legal requirements. As will be discussed in chapter 2, it is impor-
tant for a land trust to evaluate and clearly document the public benefit 
of every land and easement transaction along with how these benefits are 
consistent with the mission of the organization. 
To implement Practice 8B fully, the Land Trust Alliance recommends 
that

        * The  land  trust  have  written  project  criteria  and  applies  them 
          consistently;
        * The land trust declines projects when they do not meet the crite-
          ria; and
        * The land trust's criteria are
          *     Consistent with the mission and goals of the land trust;
          *     Address public benefit;
          *     Reflect federal and state requirements when appropriate;
          *     Aid in setting priorities; and
          *     Assess feasibility and stewardship needs and capacity.
















                                             Project Selection and Criteria     57



      Additional Resources 

      For more information on preparing and adopting mission 
      statements and organizational strategic planning, please consult
      The Land Trust Alliance course "Mission, Planning and Capacity."
      Open Standards for the Practice of Conservation. Originally designed by 
 the Conservation Measures Partnership and adapted by the Land Trust 
      Alliance in 2006, the Open Standards bring together common concepts, 
      approaches and terminology in conservation project design, management 
      and monitoring in order to help practitioners improve the practice of 
 conservation through a casebook. (www.conservationmeasures.org/cmp)
      http://www.managementhelp.org/plan_dec/str_plan/str_plan.htm. 
      Assistance  for  nonprofits  in  understanding  and  implementing  strate-
      gic planning from the Free Management Library, an integrated online 
 library for nonprofit and for-profit organizations.
 Managing the Nonprofit Organization: Principles and Practices, by Peter F. 
      Drucker, (Harper Collins, 1992).
      Profiles of Excellence: Achieving Success in the Nonprofit Sector, by Knauft, 
 Berger and Gray (The Independent Sector, 1991).

      For more information on developing strategic conservation plans, 
      please see
      "Implementing  Strategic  Conservation:  Establishing  Criteria,"  by  Ole 
      Amundsen (Exchange, Summer 2004). 
 The Land Trust Alliance course "Strategic Conservation Planning." 

      For information on the costs of negotiating and stewarding 
      conservation easements see:
      Cost Effective Strategies for Conserving Private Land, by Dominic Parker 
      (Property and Environment Research Center, 2002).
      Land Trust Alliance course "Determining Stewardship Costs and Raising 
      and Managing Dedicated Funds."











58        Evaluating and Selecting Conservation Projects



Sample Documents
Remember to use these sample documents only in instances that relate to 
your own land trust's mission and goals.

Project Selection Processes
Project  Intake  and  Selection  Guidelines:  Colorado  Open  Lands'  Project 
Intake and Selection Guidelines (page 61)
Land trusts often use different terms to refer to the same document; for 
example, Colorado Open Lands (COL) refers to its site inspection form 
as a "Project Information Form" (for a copy, see Sample Documents in 
chapter 3). When using sample documents, land trusts should focus on 
the contents, not the name, of the document, and always be sure to adapt 
any sample documents to the organization's own mission, goals and the 
community it serves.
Selection Process: Colorado Open Lands' Project Process Checklist (page 63)
This checklist is designed to make sure that all the necessary procedures 
and steps have been followed to complete a project. Bold-faced items 
indicate  the  most  essential  steps.  Note  that  COL  refers  to  its  project 
selection process form as a "Project Process Checklist." The title of the 
document is not as important as its contents and the purpose it serves.
Acquisition  of  Conservation  Easement  Checklist:  Rocky  Mountain  Elk 
Foundation's Conservation Easement Checklist (page 68)
This acquisition checklist covers the full range of project-related tasks, 
and includes an area for both the staff person charged with completing 
the form to indicate when tasks are completed, and for legal staff to sign 
off on the aspects with which they are involved. It also includes room for 
recording contact information for parties important to the transaction.
Acquisition of Fee Interest in Land Checklist: Society for the Protection of 
New Hampshire Forests' Donation of Fee Checklist for Society for the 
Protection of New Hampshire Forests Land Agent (page 72)
This acquisition checklist relates to donations of land in fee, but with 
some minor modifications, it can also be used for the purchase of fee 
interest property. Many references are to New Hampshire codes and agen-
cies; land trusts should insert applicable references for their own state.
Selection  Process  for  Conservation  Projects:  Oconee  River  Land  Trust 
(page 76)
This  process  outline  is  very  thorough,  commencing  with  initial  land-
owner contact and ending with thank you notes and media outreach. 



                                           Project Selection and Criteria        59



 Each of the steps in the process is clearly delineated with roles assigned 
 to appropriate persons.

 Selection Criteria
 Small Land Trust: Oconee River Land Trust's Criteria for Conservation 
 Projects (page 79)
 This project selection criteria form was developed by a small land trust 
      in  Georgia  and  contains  a  particularly  good  discussion  of  feasibility 
      factors. Note that this land trust named its project selection criteria form 
      "Criteria for Conservation Projects." Other titles may be equally accept-
      able, so long as the content of the document meets Land Trust Standards 
      and Practices.
 Qualitative: Colorado Open Lands's Project Selection Criteria (page 84)
 This form is very detailed and demonstrates that a qualitative approach 
 requires thoughtful analysis of the project and the goals of land trust and 
      the landowner. The form poses a series of specific questions to help deter-
      mine if the project meets the IRS conservation values test and whether 
      the project fits the land trust's strategic conservation plan. Finally, it spurs 
      the land trust to decide whether it is feasible to take on the project.
 Quantitative: Lancaster Farmland Trust's Farm Scoring System (page 93)
 This scoring system uses points to qualify projects for reasons deemed 
 important to the Pennsylvania's Lancaster Farmland Trust. The points are 
 meant to distinguish between different farm conservation opportunities, 
 and do not include references to other types of conservation values, such 
 as the Internal Revenue Code's conservation purposes. 
 All-Volunteer  Land  Trust:  South  County  Conservancy's  Ranking  and 
 Priority Point System (page 95)
 This ranking system applies to land unique to this Rhode Island land 
 trust's  community,  and  does  not  include  references  to  other  types  of 
 conservation  values,  such  as  the  Internal  Revenue  Code  conservation 
 purposes.











60        Evaluating and Selecting Conservation Projects



                                                                  Project Intake and Selection Guidelines

                               Colorado Open Lands'  
                 Project Intake and Selection Guidelines

Mission 
To  preserve  the  significant  open  lands  and  diminishing  natural  heritage  of  Colorado 
through private and public partnerships, innovative land conservation techniques, and 
strategic leadership.

Land Protection Policies
Colorado Open Lands works to preserve significant open lands through acquisition or 
assisting others in the acquisition, of fee or other interests in property and may assist 
project partners, such as landowners and local governments, with other approaches to 
land protection such as estate planning and zoning incentives. There following are several 
fundamental factors in establishing land protection policies and selection criteria:

    * To identify the project's standing within COL's list of priorities in light of COL's 
       mission statement and current strategic plan.

    * To determine if another land trust is the more appropriate entity to handle the project.

    * To assess the financial and staff implications of the project against COL's limited 
       resources. We must insure that those resources are applied prudently to the proj-
       ects that most significantly achieve the organization's mission.

    * To solidify the understanding by the COL staff of the conservation values to be 
       protected by the project.

    * To be able to complete a project in the most effective and efficient manner possi-
       ble, and to demonstrate sound land preservation techniques.

    * To develop a coordinated staff response to the landowner(s) who have requested 
       COL's participation in the project.

    * To ensure COL's future activities stay focused on the goal of protecting the conser-
       vation values and to begin a formal record of the project.

Project Selection Criteria Form
Colorado Open Lands has created a form, entitled "Project Selection Criteria" that collects 
data on the proposed project to present to the entire staff. Several factors determine the 
best means of preserving land. Among them are the type of land and the resources to be 
protected, landowner objectives, COL's available resources, and stewardship needs. 
For example, a conservation easement may be the best approach to preserving a property's 
scenic or agricultural values, whereas fee acquisition is typically the best alternative for 
land to be used for public recreation. Conservation easements with substantial reserved 
landowner rights (such as multiple homesites) typically have greater negative impact on 
the resources to be protected and require more on-going management than do easements 



                                              Project Selection and Criteria       61



Project Intake and Selection Guidelines


                    without substantial reserved rights. These and other factors must be considered when 
                    determining how or whether to undertake a project. COL has adopted the following criteria 
                    for project selection, which are included in the form.

                             Conservation Values Checklist 
                             Colorado Open Lands is organized to protect lands that have value for conservation, 
                             education, recreational purposes, or agriculture uses and that provide "significant 
                             public  benefit."  To  determine  if  a  property  warrants  preservation,  COL  uses 
                             the IRS's "conservation purposes" test as a guideline, as well as other criteria 
                             consistent with its mission. 
                             Feasibility Checklist
                             Although a property or project may contain conservation and natural resource 
                             values or other public benefits, other factors will be considered in fully evaluating 
                             the project. This checklist includes potential partnerships between COL and other 
                             private and/or public entities, as well as conflicts that may be associated with 
                             the property. In addition, stewardship concerns and how this project may relate 
                             to others nearby will also be considered.
                    The Board's Discretionary Role
                    All  the  proceeding  notwithstanding,  the  Board  of  Directors  retains  discretion  over 
                    acceptance, acquisition, or disposition and will evaluate each project and proposal on its 
                    own merits after careful investigation of the property, its resources, and public benefits.
                    Other Forms and Letters
                    Throughout the intake and selection process, COL uses several other forms and letters to 
                    organize information and for correspondence. All of these forms and letters are included 
                    in this Intake and Selection section. 

                             Project Information
                             This  form  is  used  to  assemble  information  necessary  to  complete  the  land 
                             protection project. It can be taken out to initial site visits and discussions with the 
                             landowners. It is also helpful to use to fill out the Project Selection Criteria form.
                             Project Process Checklist
                             This checklist outlines all of the necessary procedures and steps to complete 
                             the project. 
                             Engagement Letters
                             COL has several form letters that we send to landowners both before and after 
                             the initial site visit. These letters include information about all of the steps and 
                             costs involved with conservation easements, including the opportunity to have 
                             COL coordinate all of the necessary due diligence for the easement. These letters 
                             can be edited to fit the individual circumstances of each project.



                               62     Evaluating and Selecting Conservation Projects



                                                                                                Selection Process

         Colorado Open Lands' Project Process Checklist

Project name:  _____________________________________________________  

Primary COL staff person responsible for project: ____________________________

1: INITIAL LANDOWNER CONTACT/OUTREACH
Date     Initials
_____  _____  Initial Landowner contact (e.g. telephone call, personal visit, other)
                     Type of Contact: _______________________________________   
                     Obtain phone number, address, and other relevant contact info

_____  _____  Mail introductory materials to landowner (e.g. land trust information,     
                     conservation/preservation options, costs, etc.)
                     Date:  ______________________________________________   
                     Type of Materials:______________________________________   
 _____  _____  Begin Property Information Form (ownership, liens, encumbrances,  
                     easements, etc.). Inquire about recent title commitment, obtain if  
                     possible.

_____  _____  Meeting/Discussion with Landowner(s) and Family/Families:
                     Explanation of: 
                       * Mission of Colorado Open Lands

                       * What a land trust is, its tools and its role

                       * Conservation purposes, protection implications and land-use 
                          restrictions

                       * Process involved in the preservation/conservation of the land 
                          (based on whether it's an easement, donation etc.)

                       * Professional advice

                       * Transaction Alternatives/Landowner Options

                       * Financial incentives associated with donation (i.e.: tax deduction)

                       * Importance of legal and financial advice

                       * Associated transaction costs, including that landowner pays for 
                          COL's legal review

                       * Steps associated with donating a conservation easement
_____  _____  Site Visit




                                                Project Selection and Criteria    63



Selection Process


                      2: INITIAL DATA COLLECTION
                      Date        Initials
                      _____  _____  Identify conservation values
                      _____  _____  Obtain any available natural resource information
                      _____  _____  Obtain map/survey with property boundaries (preferably a  
                                              USGS quad 7-minute series)
                      _____  _____  Determine local political support and influence 
                      _____  _____  Confirm zoning and subdivision regulations 
                      _____  _____  Identify potential funding sources (preliminary)
                      _____  _____  Begin Conservation Easement Information Form 

                      3: PROJECT ANALYSIS REVIEW & COL DECISION
                      Date        Initials
                      _____  _____  Obtain a recent Title Report or Commitment with all documents  
                                              required in Schedules A and B (if a GOCO grant* is involved, title  
                                              commitment and copies of all documents referenced in Schedule A  
                                              and B must be submitted 45 days before closing or reimbursement)
                                              ______ Date ordered
                                              ______ Date received
                      _____  _____  Complete Project Selection Criteria Form 
                      _____  _____  Assess Property using Project Selection Criteria through  
                                              Committee review
                      _____  _____  Obtain Committee Approval to go forward with the project 
                      _____  _____  Obtain any additional information identified by Committee review
                      _____  _____  Confirm and pursue likely funding options (if GOCO, see checklist  
                                              attached)
                      _____  _____  Send "Acceptance of project / Engagement" letter to landowner
                                              (include discussion of CVs, landowner's intent, mutual goals, estimated  
                                              transaction costs, landowner's need for financial and legal advice,  
                                              importance of obtaining deeds, mortgage information, title  
                                              commitment etc.)
                      _____  _____  Property Information Form should be complete by now 






                     *The Great Outdoors Colorado (GOCO) Amendment to that state's constitution dedicates a portion of state 
                     lottery proceeds to projects that preserve, protect, and enhance Colorado's wildlife, parks, rivers, trails, 
                     and open spaces.



                                       64     Evaluating and Selecting Conservation Projects



                                                                                                 Selection Process


4: DUE DILIGENCE / EASEMENT NEGOTIATIONS
Date     Initials
_____  _____  If not done already, obtain a recent Title Report or Commitment with all  
                     documents required in Schedules A and B
_____  _____  Obtain copy of Deed (Warranty, Quit Claim) or copy of Deed of Trust  
                     (Mortgage Deed)
_____  _____  Complete Stewardship Endowment Formula
_____  _____  Negotiate terms of easement/deal (price, payment terms, and payment  
                     of stewardship endowment etc.)
_____  _____  Complete Conservation Easement Information Form
_____  _____  Begin appraisal process (if applicable)
                     ______ ordered
                     ______ received
_____  _____  Draft conservation easement or restriction (if a GOCO grant is involved,  
                     must be submitted at least 45 days before closing or reimbursement)
_____  _____  Mortgage subordination (if applicable)
                     ______ ordered
                     ______ received
_____  _____  Environmental Hazard Assessment (Phase I) Report (if needed)  
                     (if a GOCO grant is involved, must submit 45 days before closing or  
                     reimbursement) 
                     ______ ordered
                     ______ received
_____  _____  Present Conditions Report (COL needs 2 copies)
                     (if a GOCO grant is involved, must be submitted 45 days before closing  
                     or reimbursement) (see attached)
                     ______ ordered
                     ______ received
_____  _____  Final Appraisal (needed within 60 days of donation of easement to  
                     comply with IRS regulations and, if a GOCO grant is involved, must  
                     submit within 100 days after the date of the grant award)
                     ______ ordered
                     ______ received
_____  _____  Remoteness Letter or Mineable Resource Assessment Letter  
                     (if needed)
_____  _____  Survey (if needed) (if a GOCO grant is involved, survey or waiver  
                     request must be submitted 45 days before closing or reimbursement)







                                           Project Selection and Criteria         65



Selection Process


                     _____  _____  Obtain Covenants, Conditions and Restrictions (if applicable)
                     _____  _____  Legal review by COL's counsel
                     _____  _____  Legal review by landowner's counsel
                     _____  _____  Sign purchase or option agreement if applicable (if a GOCO grant is  
                                          involved, must be submitted within 100 days of grant award)

                     6. CLOSING
                     Date     Initials
                     _____  _____  Received stewardship endowment
                     _____  _____  Sign all legal documents
                     _____  _____  Final Present Conditions Report signed by COL and LO 
                     _____  _____  Obtain copy of closing documents
                     _____  _____  Record CE in relevant county 
                                          ORIGINAL RETURNED TO COL

                     7. POST CLOSING
                     Date     Initials
                     _____  _____  COL Board acceptance of Project
                     _____  _____  Complete IRS-8283: Noncash Charitable Contributions

                     Obtain 30 days after closing
                     _____  _____  Recorded deed for fee title and/or conservation easement 
                     _____  _____  Signed settlement statements
                     _____  _____  Signed miscellaneous closing documents (such as signed contract,  
                                          water rights deed, closing confirmation, affidavits, tax statements, and 
                                          misc. agreements and affirmations)
                     _____  _____  Title policy issued by the title company after closing (if necessary)

                     Due 30 days after closing
                     _____  _____  COL thank you for donation of property (easement, fee)
                     _____  _____  COL Board acceptance of any stewardship donation received  
                                          (if necessary)
                     _____  _____  COL thank you for any stewardship donation received (if applicable)
                     _____  _____  Press release prepared and issued

                     Due 1 year after closing
                     _____  _____  Final Land Management Plan (if applicable)

                     Due periodically after closing as agreed
                     _____  _____  Reports and Updates ­ note it is necessary to review the terms of the  
                                          grant agreement to understand the responsibilities in this area 



                                   66     Evaluating and Selecting Conservation Projects



                                                                                            Selection Process


_____  _____  Administrative Follow-up steps ­ organization of files and securing safe  
                     storage for originals of key documents (due 30 days to 6 months)

_____  _____  Names of landowner(s), donor(s) and other individual names  
                     forwarded to COL Development Office to receive newsletters and  
                     solicitations (due 30 days to 6 months)

GOCO REQUIREMENTS (example of state government funding requirements)
Date     Initials

Due 60 days after date of grant award
_____  _____  Signed Grant Agreement
_____  _____  Resolution of corporate authority accepting the grant 

Due 100 days after date of grant award
_____  _____  Qualified Appraisal

Due 45 days prior to closing or reimbursement
_____  _____  Notification of closing date
_____  _____  Project update description 
_____  _____  Draft of conservation restriction or easement
_____  _____  Site Map of the property showing boundaries of the property preferably  
                     on a topographic map 
_____  _____  Area Map showing property and surrounding area 
_____  _____  Survey or waiver request
_____  _____  Environmental Hazard Assessment (Phase I) Report (if needed)
_____  _____  Copy of Title Commitment (including all documents referenced in  
                     Schedule A and Schedule B)
_____  _____  Draft Baseline Inventory
_____  _____  Draft Land Management Plan a.k.a. a stewardship plan 
_____  _____  Draft Monitoring Plan resulting from GOCO's stewardship policy 

Due 30 days prior to closing or reimbursement
_____  _____  Final Project Budget
_____  _____  Copy of Title Policy

Due 7 days prior to closing or reimbursement
_____  _____  Draft settlement statements, other closing documents and wire transfer  
                     instructions
_____  _____  Signage plan




                                           Project Selection and Criteria    67



Acquisition of Conservation Easement Checklist


                      Rocky Mountain Elk Foundation's Conservation Easement Checklist

                                                         Lands Department                          Original:
                                                         Rocky Mountain Elk                        January 19, 2001
                                                               Foundation
                                                     CONSERVATION EASEMENT  Revised:
                                                               CHECKLIST                           April 16, 2003

                                                Name of Project:                                  County and State of Project:


                        PLEASE
                     Print or Type Complete Landowner Contact Info:  Contact Person:




                                                LPM:                      Lead Attorney:             Others Working on Project:





                      Legal      Lands/LPM
                     Sign-off     Sign-off                              Item                                     Status

                                                1.  Amendment or New Easement

                                                2.  Grantor Advised of Costs: baseline, stew-
                                                      ardship donation, appraisal, recording 
                                                      fees, and title commitment

                                                3.  Grantor Advised in Writing:
                                                        a. to Obtain Independent Legal/   
                                                          Financial Advice?
                                                        b. to comply with requirements of    
                                                          Section 170(h) of IRS Code if a    
                                                          deduction will be claimed
                                                        c. of IRS Appraisal Requirements if   
                                                          gifting property valued over $5,000?  
                                                          And, Owner's Responsibility for    
                                                          valuation?
                                                      d. No assurances of deductibility






                                  68          Evaluating and Selecting Conservation Projects



                                                              Acquisition of Conservation Easement Checklist


 Legal      Lands/LPM
Sign-off     Sign-off                           Item                                 Status
                         4.  Property Examination:
                                a. On-Site Inspection Performed?
                                b. Conservation Values Identified?
                                c. Existence of Hazardous Materials or  
                                  Concerns? 

                         5.  Low-Risk Determination?

                         6.  RMEF Authority:
                                a. Board Resolution & Executive 
                                  Summary; or
                                b. "Low-Risk" Pocket Veto & Sign-Offs
                                c. Project Consistent with RMEF Goals 
                                  & Purposes?

                         7.  Title Commitment w/ Exception Docs
                                a. Received
                                b. Reviewed & Approved
                                c. Legal Description in Easement 
                                  Matches Legal Description in Title  
                                  Commitment
                                d. Grantor on Easement Matches  
                                  Owner on Title Commitment / Grantor  
                                  has Authority to Sign
                                e. Amount of Insurance Requested 
                                  $ 

                         8.  Does Grantor Believe They Hold All Mineral 
                              Rights?
                                a. Any Indication in Title Info to  
                                  the Contrary? 
                              b. If Unclear, Remoteness Letter    
                                  Received? 

                         9.  Any Mortgages on the Property? 
                                a. If so, Subordination Received?

                         10. Any Leases or Other Encumbrances on the 
                              Property?
                                a. If so, Subordination Necessary?
                              b. If so, Subordination Received?

                         11. Hazardous Materials? 

                         12. Does Property Map Match CE Legal 
                              Description? 

                         13. Access:
                              a. Legal Access to Property?
                              b. Physical Access to Property?



                                                   Project Selection and Criteria       69



Acquisition of Conservation Easement Checklist


                      Legal      Lands/LPM
                     Sign-off     Sign-off                                Item                    Status

                                                 14. Baseline:
                                                        a. Ordered 
                                                        b. Received 
                                                        c. Reviewed & Approved by Grantor &  
                                                          RMEF
                                                        d. Baseline Acknowledgement Sent to  
                                                          Grantor
                                                        e. Signed Baseline Acknowledgement  
                                                          Received

                                                 15. Final CE Deed:
                                                        a. Sent To:
                                                        b. Date Sent: 
                                                        c. By: 

                                                 16. CE Recorded:
                                                        a. Date:

                                                 17.  Final Recorded Copy in Fireproof Safe, 
                                                      Copy to Lands File & Regional HCPM, 
                                                      Copy to Grantor

                                                 18. Thank You Letter; Letter of 
                                                      Acknowledgement to:
                                                      a. Lands Staff
                                                      b. Landowner 

                                                 19. Title Policy Issued

                                                 20. Appraisal Received?

                                                 21. Stewardship Donation Received

                                                 22. Form 8283

                                                 23. Form 8282 if necessary 
                                                       
                                         THE FOLLOWING ITEMS ARE FOR ADDITIONAL CONSIDERATION:

                                                 24. Transaction Events Summary

                                                 25. Lands Locator Summary

                                                 26. Plaque

                                                 27.  Public Relations: 
                                                        Bugle              
                                                        Wapiti             
                                                        Tracking 
                                                        News Release 
                                                        Key Volunteer Contact
                                                        RMEF Board Informed 

                                  70          Evaluating and Selecting Conservation Projects



                                                                  Acquisition of Conservation Easement Checklist


   Legal       Lands/LPM
  Sign-off       Sign-off                             Item                                Status

                             28. Photos

                             29. Communication initiated with:
                                    Field Director
                                    Regional Director
                                    Regional Development Director
                                    State Chair
                                    State Board Member

                             30. File Closed Out


29. Contact List as Applicable to Project: (Name, Mailing Address, Phone, Fax)

a. Grantor's Attorney                                         d. Baseline Preparer







b. Ranch Manager                                              e. Title Company






c. Geologist                                                  f. Appraiser






d. Other                                                      g. Other















                                                        Project Selection and Criteria       71



Acquisition of Fee Interest in Land Checklist


                             SOCIETY FOR THE PROTECTION OF NEW HAMPSHIRE FORESTS  
                                        Donation of Fee Checklist for the Society for the  
                                        Protection of New Hampshire Forests Land Agent

                          Pre-Acquisition              Permanent Ownership

                     PROJECT NAME: ____________________________________________________
                     ACRES: __________________________________________________________
                     ROAD/LOCATION: ___________________________________________________
                     TOWN: ___________________________________________________________
                     GRANTOR'S NAME:  _________________________________________________
                     ADDRESS:   _______________________________________________________
                     ________________________________________________________________
                     (W) PHONE #: (          )  ______________________________________________
                     (H) PHONE #: (          ) _______________________________________________
                     E-MAIL:_____________________________  FAX #:  _______________________

                     CONTACTS: Specify role and Names/Addresses/Phone #/Fax #/E-Mail
                     ________________________________________________________________
                     ________________________________________________________________

                     Date
                     Completed
                     ______ Receive initial referral or inquiry
                     ______ Ask Memb. Dept. for membership status (   Active      Lapsed     Non-member)
                     ______ Ask Land Prot. staffer for existing dead or inactive project file

                     Send written response enclosing:
                     ______ Land Prot. Options sheet 
                     ______ Land Mgt. Mission Statement 
                     ______ SPNHF Info sheet, Join Us brochure, & Forest Notes (if not member)
                     ______ Copy excerpt from protected lands map
                     ______ Check NH Fish & Game Dept. deer yard maps; make copy &  
                               add property outline
                     ______ Check USGS aquifer maps; if relevant, make copy & add property outline
                     ______ Stop at Town Offices & get: 
                               __ Property tax info (complete form), incl. C.U. status & recreational discount
                               __ Copy of last tax bill    __ Copy of tax map   __ Zoning designation/regs.
                               __ Possible scenic road status   __Possible prime wetlands designation/map



                                  72      Evaluating and Selecting Conservation Projects



                                                          Acquisition of Fee Interest in Land Checklist


______ Meet w/landowner
______ Walk land & take prelim. photos of landowner & special features
               Get: __ Copy of any existing survey map
                  __ Copy of current deed
                  __ Copy of any title abstract 
                  __ Copy of any pending mortgage
                  __ Copy of other pending restrictions
                  __ Copy of any forest mgt. plan
______ Get map & rpt. from N.H. DES w/ waste sites & Source Water Protection  
         Areas shown
______ Get entire town listing for all RCRA sites, for hazardwaste report
______ Send ltr. with: SPNHF's interest in continuing or not
         __ need to obtain legal counsel & financial advice on effect of gift
         __ documentation of any restrictions or commitments regarding property's use  
              or disposition (copy to Land Prot. staffer, if appropriate)
         __ wording for property sign (for permanent holding)
         __ request for mgt. Funds ($____________)
         __ request landowner permission to obtain info from NHNHI
                                ____ Received landowner's permission
                  Provide: ____ IRS appraisal fact sheet
                                ____ appraisers list
______ Confirm whether landowner wants appraisal done before vs. after gift
______ Confirm donor's coverage of property taxes vs. proration
______ Mention project at staff meeting
______ Ask Land Mgt. staffer for any Tree Farm Certification
______ Outline property on topo map showing other protected lands
______ Confirm Town Mtg. authorization to accept gift if Town (not Cons. Comm.)  
         receiving. interest
______ Request SPNHF forester to walk site & prepare written report
______ Rcvd. written report from SPNHF forester
______ Specify new (N) vs. existing (E) Block # for property (consult forester,  
         if appropriate); If E, specify name or Block # ________________________
______ E-mail "preliminary" Land/Easement Donor Membership Info Form  
         (top half only) to membership dept. once project seen as likely 
______ Send ltr. to N.H. Fish & Game
______ Rcvd. response from N.H. Fish & Game
______ Send ltr. to N.H. Division of Historical Resources 
______ Rcvd response from N.H. Division of Historical Resources
______ Contact NH Natural Heritage Inventory
______ Rcvd response from NH Natural Heritage Inventory
______ Send ltr. to Selectmen requesting info re haz. waste



                                             Project Selection and Criteria      73



Acquisition of Fee Interest in Land Checklist


                     ______ Rcvd. Selectmen's written response re haz. waste
                     ______ Send ltr. to Town's Fire Chief requesting info re haz. waste
                     ______ Rcvd. Fire Chief's written response re haz. waste
                     ______ Order title abstract
                     ______ Rcvd. & reviewed title abstract
                     ______ Request SPNHF atty. to review title abstract
                     ______ Rcvd. & reviewed atty's conclusions about title
                     ______ If corporation, (profit or non-profit), check status in NH Secy. of State's Corp. Div.  
                              office; if non-profit, also check NH Atty. Gen. Charitable Trust Div.
                     ______ Map soils & determine acreage of different soil types & productivity classes
                     ______ Complete project description for Lands Comm. & Bd. of Trustees
                     ______ Lands Committee votes to approve acceptance
                     ______ Bd. of Trustees votes to approve acceptance
                     ______ Evaluate survey map (incl. review of map against current deed) &  
                              request changes
                     ______ Walk land to check areas not visited on prelim. visit, confirm survey work, 
                               take addt'l. photos
                     ______ Prepare and send draft deed & plan to SPNHF atty. for review
                     ______ Receive SPNHF atty's comments
                     ______ Send draft deed & plan to landowner and his/her atty. for review
                     ______ Landowner's atty reviews draft deed & plan
                     ______ Secure aerial photos for large properties
                     ______ Request Land Prot. Staffer for 11"x17" reduction of final survey, plus full-size  
                              copy on mylar 
                     ______ Label all photos, & show location on reduced map
                     ______ Obtain ltrs. of support from govt. entities, if appropriate
                     ______ Obtain copies of mtg. mins. for any Town discussions or decisions, if appropriate
                     ______ Get copy of most recent property tax bill & confirm pmnt. Status
                     ______ Complete hazardous waste checklist & send to SPNHF atty for review
                     ______ Rcvd. SPNHF atty approval of hazwaste checklist
                     ______ Give photo & sentiment to Land Prot. staffer for award preparation
                     ______ Secure donor's ok to publicity
                     ______ Send closing invites: media, local officials, funders, Trustees, & Commun. Dept.
                     ______ Arrange closing location/date, with J.P./Notary present

                     Closing tasks:
                     ______ Record mortgage discharge if mortgage pending
                     ______ Confirm surveyor sends copy of plan, before recording, to Pl. Bd.  
                              (if no new lot)
                     ______ Final survey plan recorded & recording data added to final deed
                     ______ Grantor signs deed



                                 74    Evaluating and Selecting Conservation Projects



                                                        Acquisition of Fee Interest in Land Checklist


______ Grantor signs and adds Social Security # to Declaration of Consideration Form
______ Inform all staff about completion, within one day after closing, including:
         grantor, # ac., town, type of transaction, and date
______ Give Land Prot. staffer original deed to record
______ Provide "Completed Project Information Sheet" to Land Prot. Staffer
______ Organize project file and place in fireproof cabinet within one week after closing
______ Send "Lands Project Summary for Communications Office" to  
         communications office
______ Send thank you letter to donor, w/ post-gift details, incl. Form 8283, etc.
______ Prepare thank you ltr. for Pres/Forester to sign, incl. lifetime membership, and
         have returned to Land Prot. Staffer for mailing
______ Send "final"Land/Easement Donor Membership Info Form to Memb. Dept.
______ Identify for Land Mgt. staffer others to receive docs. besides donor, donor's atty,  
         Sel., & Cons. Comm.
______ Obtain press releases and/or published articles
______ Secure mtg. mins. of Lands Committee decision
______ Secure mtg. mins. of Bd. of Trustees decision
______ Receive Mgt. Contribution ($___________)
______ Send Dir. of Land Mgt. Request for gates, signs, etc. including exact wording  
         for sign, suggested placement, etc.
______ Notify Dir. of Land Mgt. of any need for Current Use application/adjustments
______ Complete "Land Acquisition Information Sheet"
______ Complete "Data Sheet for Bookkeeping Dept.", w/ copy remaining in project file
______ Inform Land Mgt. staffer of completed file within 3 months after closing


Staff time & other project expenses:

Date      #Hours          Task          Date            $ Amt.       Type of Expense














                                         Project Selection and Criteria       75



Selection Process for Conservation Projects

                                               Oconee River Land Trust

                    The conservation project selection process may appear short and easy when the prop-
                    erty is outstanding or obviously critical and the owner is willing and eager to make 
                    an agreement. However, the process should be followed in any case; its purpose is to 
                    insure prudent conservation, financial, and public credibility decisions. The conservation 
                    project selection process is designed to be used with the Project Prospectus, Baseline 
                    Document, Benefits and Risks Assessment, and Project Checklist forms.
                    Step 1 Project Prospectus
                        * Landowner contact, obtain preliminary property information:

                        * Conservation intent of landowner,

                        * Potential conservation features,

                        * Proposed transaction type, and

                        * Names and addresses of all involved in project.

                        * Mail introductory materials to landowner.

                        * Request landowner to send property maps and pertinent information for pre-site 
                          visit review.

                        * Assign Project Manager.

                        * Perform preliminary property research - gather existing material and information 
                          from various sources:

                        * Locate property on standard maps, and

                        * Determine acreage of conservation project.

                    Step 2 Landowner Visits
                        * Review and confirm conservation intent on Project Prospectus.

                        * Identify mutual goals.

                        * Discuss the project selection process and the role of each party and agree upon 
                          major responsibilities.

                        * Discuss protection implications for landowner(s).

                        * Review fee/project cost estimate.

                        * Project evaluator(s) makes recommendation for or against further action.

                        * Present Project Prospectus to Board, and obtain Board authorization to proceed. 
                          Send follow-up letter: 

                        * Confirm landowner and land-trust goals,

                        * Confirm tax-deductible project fee,

                        * Provide information about appraisers and surveyors, and

                        * Request copies of deed, survey, etc.



                               76     Evaluating and Selecting Conservation Projects



                                                         Selection Process for Conservation Projects


Step 3 Baseline Document
   * Obtain deed and plat from courthouse (if not received).

   * Determine if a survey is required.

   * Walk property.

   * Assess and document condition of existing resources:

   * Take additional slides/photos of property,

   * Key photographic documentation to a site map and standard maps,

   * Annotate aerial photography,

   * Complete Inventory Report,

   * Complete Land History and Management Report, and

   * Complete Hazards Report.

   * Research and document financial and legal factors:

   * Complete Financial Report,

   * Complete Title and Deed Report, and

   * Complete Proposed Convenants Report (reservation of rights).

   * Design terms of easement (if applicable).

Step 4 Benefits and Risks Assessment
   * Determine if project meets goals and public benefit criteria and summarize 
     conservation values as an exhibit to be recorded later with deed.

   * Determine if an environmental audit is required; if so, donor retains qualified 
     environmental engineer to conduct site assessment to show premises to be free of 
     contamination from toxic and/or hazardous substances.

   * Gauge community/political sentiment.

   * Determine future management issues/needs.

   * Set Stewardship Fund amount.

   * Survey and Mark Boundaries.

   * Rank project based on land trust's critical, high, moderate, or low priorities.

   * Select preferred alternative.

Step 5 Board Assessment of Project
   * Present Benefits & Risks Assessment to Board.

   * Discuss and agree on project acceptance conditions (legal, financial, and manage-
     ment terms and provisions).

   * Send letter of intent if Board approves.







                                           Project Selection and Criteria     77



Selection Process for Conservation Projects


                    Step 6 Deed/Conservation Easement Draft and Negotiation
                       * Negotiate terms and provisions.

                    Step 7 Mortgage Subordination
                    Step 8 Appraisal
                       * Donor provides land trust with copy of land appraisal used for state and 
                         federal charitable donation purposes.

                    Step 9 Completion of Baseline Document
                       * Review Baseline Document to determine if a final site visit and/or additional 
                         photographs are necessary.

                       * Conduct final site visit, determine if changes have occurred to the resource, re-
                         inventory if necessary, and document current state of the property.

                       * Have Baseline Document signed by landowner(s) and land trust board; it becomes 
                         legal property description.

                    Step 10 Execution and Recording
                       * Board reviews and approves final documents before they are executed.

                       * Record deed with appropriate county clerk.

                       * For deed transaction, the donor provides the land trust with fully executed Transfer 
                         Gains Tax Affidavit and State Board of Equalization and Assessment Transfer 
                         Report.

                    Step 11 Administration
                       * Prepare escrow instructions; close escrow & record.

                       * Sign IRS Form 8283 (for gifts).

                       * Prepare Management/Monitoring/Enforcement Plan and budget.

                       * Establish stewardship account with financial institution.

                       * Compile permanent resource management file.

                    Step 12 Distribution and Safekeeping of Documents
                    Step 13 Publicity and Goodwill
                       * Send thank-you notes to everyone involved.

                       * Send life membership letter to donor.

                       * Prepare press releases and arrange other publicity if appropriate.











                              78    Evaluating and Selecting Conservation Projects



                                                                      Selection Criteria, Small Land Trusts

                               Oconee River Land Trust
                        Criteria for Conservation Projects

The following criteria guide the actions of the land trust. They were developed to ensure 
that the Board act in a manner consistent with its vision, land conservation goals, and 
the Internal Revenue Service's regulations governing tax deductibility. The Board retains 
discretion  over  acquisition  or  disposition  of  projects  and  will  evaluate  each  project 
proposal on its own merit after investigating the property, its resources, and its public 
benefits.

Goals Criteria
Property must support the conservation values that the land trust was formed to protect. 
To qualify for selection, property must meet ALL three following criteria.
  1.  Except for trade or income lands, the property is within the river basin.
  2.  Property is of sufficient size that its conservation resources are likely to remain 
       intact and sustained despite adjacent development or there is potential for 
       adding more acreage in the future or sufficient neighboring property is either 
       already protected or will be. For some types of resource protection, large parcels 
       are preferred; in other cases smaller properties may accomplish the land trust's 
       purposes.
  3.  Protection of the property aids sound land use planning, promotes land conserva-
       tion, and encourages careful stewardship of land and water resources.

Public Benefit Criteria
To qualify for selection, property must meet AT LEAST ONE of the following 15 criteria with 
preference given to those projects meeting multiple public benefit criteria.
  1.  Project contributes to protection of lands in furtherance of federal, state, regional, 
       or local conservation plans or policies.

             * The property is part of a critical areas plan, comprehensive land use plan, 
               management plan, local parks and recreation plan, local zoning ordinances/
               regulations, or local resolution;

             * the property is, or has potential to be, part of a community, regional, state, 
               or national hiking trail or greenway or contributes to the scenic and passive 
               recreational attributes of such a trail or greenway by its proximity; or

             * the property is determined to be of special environmental, aesthetic, or 
               historic significance.
  2.  Project contains or buffers endangered, threatened, or rare species or natural 
       communities.




                                             Project Selection and Criteria        79



Selection Criteria, Small Land Trusts


                      3.  Project contains or buffers relatively natural wildlife habitat, exemplary or critical 
                          ecosystems, or natural features such as:

                             *  Old-growth forests,

                             *  wetlands,

                             *  wildlife migration routes,

                             *  migratory waterfowl wintering areas,

                             *  undeveloped bottom lands, or

                             *  exceptional natural communities.
                      4.  Project contains natural features of educational or scientific value including 
                          land used, or likely to be used, for the demonstration of sustainable agriculture, 
                          horticulture, or silviculture practices or for education in methods of good land 
                          stewardship.
                      5.  Project involves land in active agriculture or forestry use such as:

                             *  Property designated as prime agricultural land or as an agricultural preserva-
                                 tion district, or

                             *  farms significant for scenic beauty or historic resources.
                      6.  Project contains important hydrologic features necessary for protecting water 
                          supply, water resources, wetland habitat or for providing natural flood control such 
                          as:

                             *  Wetlands, 

                             *  flood plains,

                             *  waterways,

                             *  riparian corridors,

                             *  aquifer recharge areas, or

                             *  lake shores.
                      7.  Land borders or affects the integrity of a significant stream or river, including those 
                          designated as natural, wild or scenic rivers or classified as outstanding or high 
                          quality resource waters.
                      8.  Project contains land that buffers or is contiguous with existing protected open 
                          land or that is likely to be protected in the foreseeable future:

                             * Shares a boundary with, or is in close proximity to, a national forest, national 
                                 or state park or parkway, nature preserve, or other public preserve, or

                             * provides access to public land or public waters.
                      9.  Project contains open space contributing to the scenic enjoyment of the general 
                          public:





                                 80     Evaluating and Selecting Conservation Projects



                                                                 Selection Criteria, Small Land Trusts


       * Has scenic attributes visible from parks, parkways and roadways, public foot 
          trails, streams used by the public for recreation, or public use areas within 
          state or national parks or national forests, or

       * is situated such that its development would obstruct or diminish scenic views 
          from public use areas, interfere with views across already protected open 
          space lands, or diminish the visual integrity of the community.
10.  Property can be acquired with legal, unconditional access from a public road, 
    unless it is contiguous with other land trust or public property open for inspection 
    and/or public use, and public access for education or recreation is permitted if it 
    is consistent with the protection of the resource.
11.  Project sets an important precedent for resource or open space protection in a 
    targeted area:

       * Land that will serve as a primer for a larger land protection effort, abuts exist-
          ing land-trust holdings, or represents highly significant natural resources; or

       * land along the Oconee, North Oconee, or Middle Oconee Rivers, or one of 
          their tributaries.
12.  Land provides connection to other open protected or open space lands and is 
    important for movement of wildlife between habitats or through developed corri-
    dors so that natural areas do not become isolated islands.
13.  Land has recognized historic, archaeological, or cultural value, especially land 
    included in, or adjacent to, designated historic properties, and necessary for the 
    protection of the resources, including land providing a buffer for properties of 
    historical, archaeological, or cultural value.
14.  Land contains unique or outstanding physiographic characteristics such as 
    geologic landforms, caves, waterfalls, cliff faces, etc.
15.  Project involves open space valuable to a community due to its proximity to devel-
    oping areas or areas on which development appears imminent or due to its promi-
    nent role in how people perceive their community.

       * The property provides a buffer for active agricultural or forestry use or wildlife 
          habitats, wetlands, flood plains, or surface water and groundwater supplies, 
          so that its protection would diminish the negative impacts of development;

       *  The property is a significant part of a community's designated greenbelt, 
          whose future land use in natural or open space is important to the environ-
          mental quality and appearance of the community;

       * The property offers significant relief from urban closeness and/or helps 
          define community form; or

       * A threat to the resource is imminent and of high magnitude.







                                        Project Selection and Criteria       81



Selection Criteria, Small Land Trusts


                    Feasibility Criteria
                    ONE or MORE of the following factors MAY preclude involvement even though the property 
                    may meet the selection criteria favoring a land protection proposal.
                      1.  Land trust's cost for acquiring the land.
                      2.  Property's values are primarily scenic but cannot be readily viewed by the general 
                          public.
                      3.  Property is part of a development proposal that is likely to have significant adverse 
                          impacts on conservation resources or the public image of the land trust.

                             * Development may take undue advantage of the land trust's status or reputa-
                                tion, or

                             * Full information on all related permits, variances, or legal approvals for the 
                                development plans is not available.
                      4.  Adjacent properties are being developed in a way that is likely to significantly 
                          diminish the conservation values of the site.

                             * The surrounding land use or character prohibits potential linkage to protected 
                                lands or avoidance of potential hazardous waste sites.
                      5.  Project would be unusually difficult or burdensome to monitor, manage, and/or 
                          enforce in perpetuity in relation to the land trust's limited financial and time 
                          resources.

                             * Cost of management would prevent the land trust from fulfilling its steward-
                                ship responsibility, grantor is unwilling or unable to contribute to a steward-
                                ship fund, or there is a tax burden;

                             * Multiple or fractured ownership, frequent incidence of destructive trespass-
                                ing, fencing restrictions, irregular configuration, difficulty for using burning to 
                                maintain a fire-dependent ecosystem, denial of permanent legal access to 
                                the property, or other unusual long-term constraints; or

                             * Special management problems and issues associated with the site preclude 
                                a sound and proper management plan.
                      6.  Landowner insists on reserving rights or provisions in an easement or deed that 
                          would

                             * Seriously diminish the property's primary conservation value or the land 
                                trust's ability to enforce protection, or 

                             * Restrict the land trust's use of the property and prevent or deter the land 
                                trust from its goals, such as restrictions on re-sale to government or on sell-
                                ing/transferring portions that have little or no significance to conservation.
                      7.  Property cannot be negotiated or acquired by the land trust with reasonable effort 
                          in relation to the property's conservation value, size, or merit.

                             * There are significant problems or defects in the title;




                               82       Evaluating and Selecting Conservation Projects



                                                                   Selection Criteria, Small Land Trusts


         * There are property encroachments or easement or boundary disputes;

         * The deed does not have a proper survey or a clear property description and 
           easily identified map prepared by a civil engineer or registered land surveyor 
           that locates all corner points on the ground; or

         * The donor does not agree to pay all costs of property transfer such as a title 
           search, recording fees, minor partition fees, or other property transfer costs.
  8.  Project may incur an unacceptable legal or financial liability because of a known 
      threat to public health or safety or the expense of clean-up. 

         * Property is irreparably contaminated; 

         * Property may be measurably affected by a disposal site, hazardous wastes, or 
           air, soil, or water pollution; or

         * Property has potentially burdensome unoccupied buildings or structures, 
           signs, markers, parking lots, trails, steps because funds for long-term mainte-
           nance are not available.
  9.  There is an equal or more effective way to achieve conservation through coop-
      eration with other, or more qualified, conservation organizations, institutions, or 
      holders, such as the town, the state, the federal government, or another non-profit 
      agency.
  10.  Legal, ethical, or public image problems are associated with the acceptance of the 
      project.

         * There is a conflict of interest on the Board, interested transactions by board 
           members or officers, or involvement in controversial projects with developers;

         * The project may jeopardize IRS non-profit status;

         * There may be a significant negative economic impact on the community;

         * The project may produce a significant negative precedent or impact on local 
           zoning;

         * The project does not add to the diversity or continuity of the trust holdings;

         * There is opposition or no support from local property owners; or 

         *  There is opposition or no community or political support.
  11.  Administrative burdens are associated with the acceptance of the project.

         * There is not sufficient enthusiasm within the land trust for the project,

         * Proper property inspection or information gathering has not been completed 
           prior to consideration of acceptance,

         * There is not sufficient baseline data to determine compliance,

         * The language of an easement is not clear and readily understandable,

         * Staff capability and capacity do not meet project demands, or

         * There are undue opportunity costs.




                                           Project Selection and Criteria      83



Selection Criteria, Qualitative

                                                              Colorado Open Lands
                                                     Project Selection Criteria (2006)

                    Project Name: _____________________________________________________                

                    Landowner name: ___________________________________________________
                    Address/phone: ____________________________________________________

                    Date of Site Visit: ___________________________________________________                 
                    Project Map(s) Attached:       Yes      No 
                    Photos Available:       Yes      No
                    Acres Involved: ________________________________________________   acres
                    County: __________________________________________________________   
                    Zoning: __________________________________________________________   
                    Quad Map(s):  _____________________________________________________   

                    COL Priority Area:       Yes      No 
                    If so, which one? ___________________________________________________                
                    Type of Project:       Individual Landowner Assistance
                                                  Community Conservation Project
                                                  Other: ____________________________________________

                    Type of Deal:                 Fee Purchase by COL               CE Purchase               Sale to 3rd Party 
                                                  Fee Donation to COL               CE Donation         Bargain Sale 

                    Is there a conflict of interest for COL?       Yes       No
                    If yes, describe: ____________________________________________________
                    ________________________________________________________________                 

                    Presenter: ________________________________________________________   
                                                 
                    Date Reviewed:  ____________________________________________________                 
                    Committee Members: ________________________________________________                
                                                                                                                                     
                    Key: CV = a conservation value               CE = a conservation easement

                     Brief Description of Potential Deal: 
                          1. Describe in reasonable detail what the land resources and CVs are:
                           ______________________________________________________________
                           ______________________________________________________________



                                      84      Evaluating and Selecting Conservation Projects



                                                                           Selection Criteria, Qualitative


  2. Describe in reasonable detail the potential deal.
   ______________________________________________________________
   ______________________________________________________________  
  3. Describe in reasonable detail why the project is important.
   ______________________________________________________________
   ______________________________________________________________
  4. Describe what the major issues may be.
   ______________________________________________________________
   ______________________________________________________________

Additional Investigation Needs:
List additional investigation needs:


Comments/Questions raised by the committee:
1. ______________________________________________________________    
________________________________________________________________    
________________________________________________________________    
________________________________________________________________
________________________________________________________________
2. ______________________________________________________________
________________________________________________________________    
________________________________________________________________    
________________________________________________________________    
________________________________________________________________
3. ______________________________________________________________
________________________________________________________________    
________________________________________________________________    
________________________________________________________________    
________________________________________________________________

Committee Decision:
Favorable review, project to proceed  _____________________________________  
Unfavorable review, project rejected _________________________________ _____ 
Project tabled, need further information and subsequent review  _________________
Notes: ___________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________


                                         Project Selection and Criteria     85



Selection Criteria, Qualitative


                    Conservation Values
                    Overall:
                    What are the CVs?
                    ________________________________________________________________
                    ________________________________________________________________
                                                                                                                                                     
                    Are the CVs equal or are some more important than others? 
                         Equal?         Prioritized?
                    If CVs are prioritized, please list them in order of priority:  ______________________
                    ________________________________________________________________
                    ________________________________________________________________
                                                                                                                                                     
                    What CVs are most important to COL and to the landowner (LO)?
                    COL: ____________________________________________________________                                                                
                    LO: _____________________________________________________________                                                                

                    Yes  No
                              Is the property of a sufficient size and location to protect the CVs?
                              Is the property large enough so that conservation resources remain intact in the  
                                    face of potential development on adjacent properties? If not, what are these  
                                    threats and how immediate are they?                              
                              Will the water rights remain with the property? If not, describe how the CVs  
                                    might be jeopardized if the water is removed:                              

                    Natural Resources Conservation Values: (from IRS regs 1.170-14(d)(3)) The protection 
                    of a relatively natural habitat for fish, wildlife, or plants, or similar ecosystem as well as 
                    the protection of critical species.
                         a.  Identify the habitat.                              
                         b.  Identify the extent to which the habitat or environment has been  
                                 altered by human activity.                              
                         c.  Identify habitats for rare, endangered, or threatened species of animals,  
                                 fish, or plants.                              
                         d.  Identify natural areas that represent high quality examples of terrestrial  
                                 or aquatic communities.                              
                         e.  Identify natural areas which are included in, or contribute to, the ecological  
                                 viability of a local, state or national park, nature preserve, wildlife refuge, wilder-
                                 ness area, or other similar conservation area.                              
                         f.  Identify the type of public access to the Property.                              




                                       86      Evaluating and Selecting Conservation Projects



                                                                                             Selection Criteria, Qualitative


Yes  No
          Contains relatively natural wildlife habitat ecosystems?
                 Grasslands                         Alpine Tundra
                 Forests                             Shrublands
                 Riparian Area                       Other:                              
Comments:                              

          Contains significant hydrological features?
                 Wetlands                            Floodplains
                 Bogs                                Springs
                 Ponds/lakes                         River/stream corridor
                 Fens                                Aquifer Recharge Area
                 Other:                              
Comments:                              
       
          Contains an Endangered/Threatened Species listed by the Feds or the state?
                 Unknown at this time
                       Name of Species:                              
                       Name of Species:                              
                       Name of Species:                              
          Contains a species of special concern to the Feds or the state?
                 Unknown at this time
                       Name of Species:                              
                       Name of Species:                              
                       Name of Species:                              
          Contains a unique natural feature important to the area?
                       Type of Feature:                              
                       Type of Feature:                              
          Buffers relatively natural habitats? Describe:                              
          Buffers or is close to existing protected land? Describe:                              
          Provides connection to other protected or open space lands important for  
            movement of wildlife between habitats? Describe:                              

Open Space Conservation Values: (from IRS regs 1.170-14(d)(4)) The preservation 
of open space (including farmland and forest land) where such preservation is for the 
enjoyment of the public and pursuant to a clearly delineated federal, state, or local 
governmental conservation policy.
          Is there a clearly delineated federal, state, or local governmental policy for open  
            space preservation in the area?
Describe:                              
          Does preservation of the Property further a specific, identified conservation  
            project?                              


                                                         Project Selection and Criteria       87



Selection Criteria, Qualitative


                              Is the Property contiguous to, or an integral part of, the surroundings of existing  
                               recreation or conservation sites?                              
                              Does the government program involve a significant commitment, including  
                               preferential tax assessments or zoning, by the government?                              
                              Is it funded?                              
                              Does the project preserve a wild or scenic river?                              
                              Will the easement be accepted by a government agency?                              
                              If so, does the agency have a review process?                              
                              Does the project set an important precedent for resource or open space  
                               protection in an area of importance to the federal, state or local governments?                
                              Does this open space project yield a significant public benefit? How?
                              Provides scenic views from public roadways, waterways or recreation areas?
                              Is unique to the area?
                              Is consistent with existing public programs?
                              Is consistent with existing private programs?
                              Prevents the degradation of the scenic, natural, or historic character  
                               of the area?
                              Provides opportunity for the general public to use the property or appreciate  
                               its scenic values?
                              Contributes to preserving a local or regional landscape or resource that  
                               attracts tourism or commerce?
                              Provides relief from intense land development in the vicinity?
                              Is there a likelihood the donee will acquire equally desirable and valuable  
                               substitute property? If so, describe:                              
                              Is the cost of enforcement excessive? If so, describe:                              
                              Does the population density of area affect this project?  
                               If so describe:                              
                              Is this project consistent with legislatively mandated program identifying  
                               particular properties for future protection? If so, describe:                              
                              Does the easement permit a degree of intrusion or future development that  
                               would interfere with the governmental conservation policy that is being furthered  
                               by the use? If so, describe:                              

                    Agricultural Lands Conservation Values (IRS regulations do not speak directly to the 
                    preservation of agriculture. For whatever information we need, look in 1.170-14(d)(4))
                              Does the project preserve farmland pursuant to a state program for flood 
                               prevention and control?
                              Is in active agricultural use or is an example of historic agricultural use?
                              Is the agricultural operation viable as a stand-alone entity according to the  
                               landowner?
                              Is any portion of the property irrigated?
                                    Hayfield(s)?                      Pasture(s)?


                                  88      Evaluating and Selecting Conservation Projects



                                                                                       Selection Criteria, Qualitative


          Does the agricultural operation depend on leasing other lands?
          Describe:                              
          Is the property adjacent to other agricultural and/or leased lands?
          Is it important that the property is adjacent to other agricultural lands?
          Is there sufficient infrastructure in the area to support a viable agricultural  
          operation?
          Does the property possess soils of national, state or local importance?
          Does the property have adequate water rights to support the agricultural  
          operation? If not, what contingency measures can be included to permit the  
          land to be restored to native vegetation:                              

Scenic Conservation Values: (from IRS regs 1.170-14(d)(4)) Identify the significant 
public benefits the general public will enjoy through preservation of the Property.
          Development of the Property would impair the scenic character or a  
          scenic panorama.
          Is the land use compatible with other land use in the vicinity?
          Will the general public enjoy sufficient visual access to or across the Property? 
          Does the easement permit a degree of intrusion or future development that  
          would interfere with the essential scenic quality of the land?
          Is the property open?
          Does the property provide relief from urban closeness?
          Is the scenic view consistent with a regional or local landscape inventory?
          Is the scenic view consistent with a methodical state scenic identification  
          program?
          Does the land use maintain the scale and character of the urban landscape to  
          preserve open space, visual enjoyment, and sunlight for the surrounding area?
          Is there a degree of contrast and variety provided by the visual scene?
          Are there a harmonious variety of shapes and textures?

Historic Conservation Values: (from IRS regs 1.170-14(d)(5)) The preservation of a 
historically important land area or certified historic structure.
          Does the project preserve an independently significant land area including any  
          related historic resources that meets the National Register Criteria for Evaluation  
          in 36 CFR 60.4?
          Does the project preserve any land area within a registered historic district  
          including any buildings on the land area that can reasonably be considered as  
          contributing to the significance of the district?
          Does the project protect any land area adjacent to a property listed individually  
          in the National Register of Historic Places, but not within a registered  
          historic district?
          Does the project protect a historic structure listed in the National Register?



                                                     Project Selection and Criteria     89



Selection Criteria, Qualitative


                                    Does the project protect a historic structure located in a registered historic  
                                                                    district and has historic significance to the district?
                                    Is there visual public access to the land area or historic structure?

                          Outdoor Recreation and Education Values: (from IRS regulations 1.170-14(d)(2)). The 
                          preservation of land areas for outdoor recreation by, or the education of, the substantial 
                          and the general public.
                                    Contains or has potential to contain natural features of recreational,  
                                                                    educational or scientific significance? If yes, describe:                              
                                    Provides public access for education or recreation?
                    1. Identify the outdoor recreation or education opportunities:                              
                          2. Identify the type of public access to the property and limitations on the access: 
                                                                                    
                          Feasibility Checklist
                          Specific Project Issues: 
                          Does the project have any problems associated with:

                          Tax/Legal Issues?
                                                                   Unknown       No Problem       Problems       Resolvable       Unresolvable
                    Comments:                              

                                Title Issues
                                                                   Unknown       No Problem       Problems       Resolvable       Unresolvable
                    Comments:                              

                                      Minerals? 
                                                                   Unknown       No Problem       Problems       Resolvable       Unresolvable
                    Comments:                              

                    Hazardous materials? 
                                                                   Unknown       No Problem       Problems       Resolvable       Unresolvable
                          Comments:                              

                                            Legal (and saleable) parcels? 
                                                                   Unknown       No Problem       Problems       Resolvable       Unresolvable
                          Comments:                              

                                                  Project Funding?
                                                                   Unknown       No Problem       Problems       Resolvable       Unresolvable
                          Comments:                              

                                                        Other? Comments:                              


                                                                       90        Evaluating and Selecting Conservation Projects



                                                                                      Selection Criteria, Qualitative


Support/Leverage:
          Does the project support and/or partner with other public or private entities?
           Which?                              
          Does the project leverage the resources of other public or private organizations?
           Which?                              
          Is the project free of conflicts with other conservation projects/priorities in  
           process by a public or private entity? If there is a conflict what is it?                

Issues for COL
Issues associated with owning the property in fee:
          Answer yes, if COL is the more suitable owner rather than any other entity.  
           If not, explain:                              
          Does COL intend to hold the property in perpetuity? If not, describe the exit  
           strategy proposed/possible for this property:                              
          Is the tax burden created by the ownership of this property acceptable to COL.  
           If not, explain:                              
          Does owning the property create an acceptable liability for COL?  
           If not, describe how COL can resolve the liability problems:                              
          Does the seller or funding partner require any conditions that significantly  
           diminish the property's CVs. If so, describe the conditions and the potential  
           adverse affects on the CVs:                              
          Is there more than one legally described parcel that could be sold separately  
           for a residence? If so, describe:                              

Issues associated with holding the conservation easement:
List the major structures, improvements, and infrastructure currently on the property

List the reserved rights desired by the landowner: 

What is the local zoning?                              
How much development is permitted under the above zoning?                              
What development rights is the landowner giving up?                              

          Is COL the most suitable owner/CE holder? If not, explain:                              
          Are there any reserved rights that would significantly diminish the property's  
           CVs? If so, what are these provisions:                              
          Is the holding of this conservation easement free from any other known  
           problems? If not, please describe:                              
          Is the landowner able to pay the transaction costs and the stewardship  
           endowment? If not, describe the situation and how these costs can be met:                
          Will COL, by holding the CE, take on liability problems? If so, describe the  
           liability issues:                              


                                                    Project Selection and Criteria        91



Selection Criteria, Qualitative


                              Is there more than one legally described parcel that could be sold separately  
                              for a residence? If so, describe:                              

                    Project Related Issues for COL
                              Does this project extend or buffer adjacent/nearby COL holdings? Which?                
                              Does this project establish a toehold in a new area of interest for COL? 
                              Which?                              
                              Will COL have adequate authority to complete the project and/or carry out its  
                              long-term obligations? If not, why?                              
                              Is the attitude of immediate neighbors and the general community regarding the  
                              project supportive? If not, why?                              
                              Was the project rejected by another land trust or governmental entity? If so  
                              describe by whom and why?                              

                    Committee Questions: (to be answered to the best of the presenter's ability)
                              Is the project consistent with COL's current strategic plan?
                              If not, describe why staff should consider it further:                              
                              Does COL have sufficient staff expertise? If not, describe what is needed:                
                              Does COL have sufficient staff time? If not, describe what is needed:                
                              Does COL have sufficient management capacity? If not, describe what  
                              is needed:                              
                              Does COL have sufficient financial resources? If not, please describe:  





















                                92      Evaluating and Selecting Conservation Projects



                                                                               Selection Criteria, Quantitative

          Lancaster Farmland Trust's Farm Scoring System
Mission of the Lancaster Farmland Trust
Lancaster Farmland Trust is a private, non-profit organization working to preserve the 
rich and productive farmland of Lancaster County, to support good stewardship of the 
land, and to encourage a thriving agricultural economy, recognizing that our farm heritage 
enriches the lives of all citizens.

Lancaster Farmland Trust Farm Scoring System
This system is intended to be used as a guide for the Board of Trustees and to assist 
in deciding the dollar amount to offer a farm owner for a conservation easement. It is 
not intended to be used to rank farms against one another. There are five categories, 
totaling 100 points. Because most areas of Lancaster County contain excellent soils, it 
was thought that soils should not be emphasized as much as development pressure. 

I. 20 points SOILS ­ this score measures the soil productivity of a farm, using the same 
system as the County's Clean & Green measurements.
                  1. Eighty percent or more class I and II prime soils            20 points
                  2. Fifty-eighty percent class I and II prime soils              15 points
                  3. Fifty percent class I, II, III soils                         10 points

II. 30 points DEVELOPMENT PRESSURE ­prioritize those farms under the most develop-
ment pressure.
          A. Proximity to the edge of an Urban Growth Area
                  1. adjacent to an UGB                                           10 points
                  2. within ½ mile of an UGB                                      7 points
                  3. within 1 mile of an UGB                                      4 points
          B. Proximity to public sewer and water service
                  1. adjacent to existing service area                            10 points
                  2. within ½ mile of existing service area                       7 points
                  3. within 1 mile of existing service area                       4 points
          C. Number of Feet of Road Frontage
                  1. extensive, developable road frontage (2,000' +)              10 points
                  2. moderate road frontage (500'-2,000')                         7 points
                  3. limited frontage (50'-500')                                  4 points

III. 30 points FARM VIABILITY ­ the capability of a farm to be farmed generations from 
now. This is not meant to take into consideration the type of current farm operation.
          A. Size of farm ­ emphasize a greater than county average of 84 acres
                  1. farm size of 100 acres or greater                            10 points
                  2. farm size of 50-100 acres                                    7 points
                  3. farm size of less than 50 acres                              4 points


                                             Project Selection and Criteria      93



Selection Criteria, Quantitative


                              B. Stewardship (soil and water conservation practices)
                                         1.  farm is operated with a documented plan of soil and water  
                                           conservation measures which has been reviewed by the  
                                           Conservation District or by Trust Staff                      10 points
                                         2.  Farm is operated with some soil and water  
                                           conservation techniques                                      5 points
                              C. Percentage of Harvested Cropland and Pasture
                                         1. 75% or greater harvested cropland and pasture               10 points
                                         2. 50-75% harvested cropland and pasture                       7 points
                                         3. less than 50% harvested cropland and pasture                4 points

                    IV. 10 points FARMLAND CONCENTRATION POTENTIAL ­ LFT prioritizes those farms 
                    which are near other preserved farms and have the potential to build a "cluster" of 
                    preserved farms; however, a farmer willing to be the first landowner to preserve in his 
                    area also is prioritized.
                              A. Distance from other preserved farms
                                         1. adjacent to one or more preserved farms                     10 points
                                         2.  within ½ mile of a preserved farm or adjacent to an  
                                           applicant to the County Agricultural Preserve Board          8 points
                                         3. the first farm in preserve in a geographic area             10 points

                    V. 10 points SPECIAL CHARACTERISTICS ­ are unique or subjective factors which staff 
                    and Board believe add intangible value to the farm, and may include:
                                         1. the farm is located in a specific LFT geographic priority areas
                                         2.  the farmer is very committed to preservation and wishes to have an 
                                           especially restrictive conservation easement on his farm.
                                         3. the farm is greater than the average size for its region
                                         4.  special fundraising ­ funds could be recouped from a different 
                                           source at a later date or the project itself would lend well to special 
                                           fundraising
                                         5.  there is obviously a deep family commitment to farming and agricul-
                                           ture ­ for example, more than one generation of the family shows a 
                                           commitment to farming
                                         6.  the farm contains important wildlife habitat, woods or wetlands 
                                           ­ landowner is interested in protecting all natural aspects of the 
                                           landscape as an ecological unit 
                                         7. the farm is owner-operated, not rented out
                                         8.  the project will be completed in partnership with other agencies and 
                                           is a model of collaboration





                                   94    Evaluating and Selecting Conservation Projects



                                                                Selection Criteria, All-Volunteer Land Trust

                            South County Conservancy, Inc. 
                        Ranking and Priority Point System

  Criteria                        0               1                2                3

  Size of Parcel                  <1 acre         1-5              5-10             Over 10 acres

  Groundwater protection          No impact       Wellhead         Aquifers         Recharge areas
                                                  protection

  Proximity to other protected  >1/2 mile         ¼ to ½           <1/4 mile        Abutting or  
  land or to ponds or barrier                                      away             connecting such  
  beaches                                                                           areas

  Ecologically significant        Degraded        Average          Above average    Prime habitat
  habitat                         Habitat

  Farmland Preservation           No              Inactive farm    Active farm      Active farm  
                                                                   < 10 acres       >10 acres

  Potential to offset impact      0               1-10             11-20            Over 20
  of development: # of  
  housing units possible

  Protects rural character        Minimal         Low              Medium           High

  Historic value                  Minimal         Low              Medium           High

  Scenic value                    Minimal         Low              Medium           High

  Price to SCC                    >$25,000        10-25,000        Up to $10,000    0



Each parcel will be evaluated on the 10 criteria above. For each criterion a point score 
will be assigned, with the maximum score possible of 30. Projects scoring 14 or above 
will be considered priority projects. Projects scoring less than 14 will be put on a list for 
possible later consideration. Exceptions to this priority ranking may be made in cases 
where funding is immediately available and may be lost by delay. Flexibility may also be 
needed due to the timing of the agreement and needs of the landowner. If projects are 
selected for these exceptions, the recommendation to proceed with the project must be 
documented in writing. 
Projects that meet the threshold rank of 14 may be funded whenever agreement can be 
reached with the owner, SCC and any other party participating in the project.





                                                Project Selection and Criteria           95



 Check Your Progress
 Before moving on to the next chapter, check that you can accomplish the 
 following:
           Describe the value of a formal process for selecting projects;
           Apply the elements of a good selection process, including: land-
         owner contact, site inspection, review against criteria, and evalu-
         ation of stewardship responsibilities; 
           Describe the elements that are included in selection criteria, 
         which could include: consistency with the land trust mission 
         and priorities, identification of the conservation values, public 
         benefit of transactions, organizational capacity, federal and state 
         requirements, feasibility, and capacity to fulfill stewardship 
         responsibilities;
           Create or refine written project selection criteria;
           Describe the role of the land trust board in reviewing project 
         selection;
           Describe how a land trust informs the landowner of the project 
         selection process and keeps him or her informed as the project is 
         evaluated;
           Evaluate whether the land trust has the capacity to take on the 
         stewardship responsibilities of the project. 
           Know when and how to reject a project while still maintaining 
         good landowner relations;
           Develop a system to track projects once they are under 
         consideration;
           Identify whether projects are consistent with the land trust's 
         mission, goals and strategic plan;
           Assess the financial and staff implications of the project against 
         the land trust's resources;
           Ensure that the land trust's resources are applied prudently to 
         the projects that most significantly achieve the organization's 
         mission;
           Ensure that the land trust's future activities stay focused on the 
         goal of protecting the conservation values, and begin a formal 
         record of the project; and
           Develop a coordinated staff response to the landowner(s) (and 
         others) who have requested the land trust's participation in the 
         project.





96    Evaluating and Selecting Conservation Projects



Notes







































   Project Selection and Criteria    97






                                        Chapter 2 · IRS Requirements  
                                                                  and Public Benefit


Practice 8D: Public Benefit of Transactions
The land trust evaluates and clearly documents the public benefit of every land and easement trans-
action and how the benefits are consistent with the mission of the organization. All projects conform 
to applicable federal and state charitable trust laws. If the transaction involves public purchase or tax 
incentive programs, the land trust satisfies any federal, state or local requirements for public benefit. 
Land trusts have a legal and ethical obligation to ensure that each land conservation project they 
pursue serves the public benefit. Land trusts exist as public charities organized under IRC Section 
501(c)(3) and, as such, are tax-exempt organizations with a duty to engage in activities that benefit 
the community at large, not a privileged few. Therefore, all land conservation transactions must 
provide some public benefit. It is the land trust's obligation to uphold the public's trust in land 
conservation and to ensure that projects meet the public benefit mission of the organization. In 
order to ensure that projects have a public benefit, land trusts may want to start by incorporating 
the Internal Revenue Code's conservation purposes test into their criteria to help ensure that any 
transactions involving a federal or state income tax deduction (or credit) meet these tests. In addi-
tion, every project should be consistent with federal and state charitable trust laws. For purchased 
easements using federal, state or local dollars, any additional requirements for public benefit also 
need to be met. All conservation easements should document the public benefit of the transaction 
in the easement itself. For non-easement projects, the project file should contain some documenta-
tion of the public benefit served by the transaction.
                                             - Adapted from The Land Trust Standards and Practices  
                                                     Guidebook: An Operating Manual for Land Trusts


Learning Objectives
After studying this chapter, you should be able to:

    * Determine  if  a  project  meets  applicable  federal,  state  and  local 
      requirements, especially the Internal Revenue Code's conservation 
      purposes test;
    * Understand  and  incorporate  the  Internal  Revenue  Code  conser-
      vation  easement  purposes  language  into  your  project  selection 
      criteria;
    * Define what "public benefit" means;

    * Evaluate and document the public benefit of every land and ease-
      ment transaction;



           * Understand  the  link  between  public  benefit  and  the  land  trust's 
              mission; and
           * Ensure  that  the  project  does  not  result  in  impermissible  private 
              benefit or any private inurement.

  Summary
  Land trusts are organized as nonprofit, tax-exempt public charities under 
       Section 501(c)(3) of the Internal Revenue Code and thus are required 
  by law to operate in a manner that provides a public benefit through 
  every  conservation  project  they  complete.  Because  landowners  may 
  receive substantial tax benefits as the result of a transaction with a land 
  trust, land trusts must justify this expenditure of public funds by oper-
  ating in a manner that clearly benefits the general public. Ensuring that 
       every  conservation  project  provides  a  public  benefit  is  critical  to  land 
       trust operations, but it can be challenging to understand exactly how this 
       is accomplished. In this chapter, you will learn how your land trust can 
       satisfy this practice.
       Incorporating  the  Internal  Revenue  Code's  conservation  purposes  test 
       into project selection criteria is one way of analyzing the public benefit, 
       but not all fee or conservation easement acquisitions will meet this test. 
       Therefore, land trusts must create a process within the organization that 
       will ensure that no project is pursued unless it clearly provides some last-
  ing benefit to members of the land trust's community. This process should 
       not only address the conservation benefits of a particular project, but also 
       prevent the land trust from conveying an impermissible amount of private 
       benefit or any private inurement; all nonprofit Section 501(c)(3) orga-
  nizations are prohibited by federal law from conferring such prohibited 
       benefits. The results of the public benefit analysis process should always 
       be set forth in a written document (a memorandum, detailed minutes of 
       board or committee meetings, or other instrument) and should be kept 
       in the project file for projects that will be pursued by the land trust, or in 
       a rejected project file or similar location for those projects the land trust 
  decides to abandon.
  The importance of ensuring that all land trust actions show significant 
       public benefit - to the advantage of each land trust and the land trust 
       movement as a whole - was expressed persuasively by Stephen J. Small 
       in his plenary speech at the National Land Conservation Conference, 
       Rally 2003:
           Ninety to 95 percent of the conservation easement deals in this 
           country are still done primarily right. But we are now starting 
           to see a very disturbing trend. We are starting to see bad deals 


100        Evaluating and Selecting Conservation Projects



    out there; we are starting to see bad promoters out there; we are 
    starting to see a lot of egregious advice coming from the profes-
    sional planning community. The media is watching us, Congress 
    is watching us, some donors are beginning to get a bit skittish, 
    and the whole mood is starting to change. That is the chill in 
    the air . . .
    What  Congress  wanted  to  do  was  to  provide  an  income  tax 
    incentive - a deduction - for landowners who protected open 
    space, farmland, forestland, wildlife habitat and scenic property. 
    Congress wanted to provide an income tax deduction for people 
    who protected land with important conservation values, not for 
    people  who  developed  large  estate  lots  in  gated  communities 
    with some woodland buffer around and between the house lots. 
Land trusts that do not adopt procedures and policies to ensure that each 
and every transaction they complete provides a significant public benefit 
risk the loss of their charitable status and the loss of their community's 
support. Understanding the Internal Revenue Code provisions applica-
ble  to  conservation  transactions,  and  adopting  procedures  that  ensure 
the land trust meets all federal, state and local requirements for public 
benefit and complies with charitable trust laws, is critical to operating a 
land trust in a legal, ethical and professional manner.

Self-Assessment
Please answer as many of the following questions as you can; see the notes 
that follow to evaluate your responses. Answers to the questions follow 
the notes.
  1. Can you describe categories of land that, if protected with a 
      conservation easement, would satisfy the Internal Revenue Code's 
      conservation purposes test?
  2. Why must a land trust only accept conservation projects that 
      provide a public benefit?
  3. Can you explain what constitutes a "public benefit"?
  4. Can you explain what is meant by the statement: "A charitable 
      organization is prohibited from conferring an impermissible 
      private benefit"?
  5. How much private inurement is permitted to be conferred by a 
      land trust? Briefly describe what this means.
  6. In addition to meeting the requirements of the Internal Revenue 
      Code, what other laws might apply to a land trust's project selec-
      tion analysis?



                                   IRS Requirements and Public Benefit       101



  If  you  are  able  to  answer  each  of  these  questions  confidently  and 
  correctly, congratulations, you understand IRS requirements and other 
  legal requirements applicable to land trust project selection.
  If you are unsure of any of these answers, or unable to answer one of the 
       questions, it is critical that you increase your knowledge about the legal 
       requirements that must be met - and documented - for every land 
       trust project. 

  Answers
         1.  The categories of land that, if protected with a conservation ease-
              ment, would satisfy the Internal Revenue Code's conservation 
              purposes test are:
              *    The preservation of land areas for outdoor recreation by, or 
                   the education of, the general public; 
              *    The protection of a relatively natural habitat of fish, wildlife 
                   or plants, or similar ecosystem; 
              *    Open space (including farmland and forestland) that is either 
                   preserved for the scenic enjoyment of the general public, or 
                   protected pursuant to a clearly delineated federal, state or local 
                   governmental conservation policy, and that will yield a signifi-
                   cant public benefit; or,
              *    The preservation of a historically important land area or a cer-
                   tified historic structure.
         2.  Land trusts, as nonprofit organizations, must be qualified as a 
              public charity under IRC Section 501(c)(3) in order to receive 
              tax-exempt status and accept conservation easements that may 
              qualify for federal tax benefits. Public charities are obligated by 
              federal law to operate for the benefit of the community at large 
              rather than for the benefit of select individuals.
         3.  "Public benefit," when applied to land conservation transactions, 
              means those transactions that satisfy the conservation purposes 
              test of Section 170(h) of the Internal Revenue Code and its 
              accompanying Treasury regulations and that benefit the land 
              trust's community in general, rather than benefiting a select, or a 
              few select, individuals.
         4.  As a nonprofit organization that works to conserve lands in a 
              particular area or region, the land trust's work will necessarily 
              confer some benefit on certain individuals (the landowner who 
              donates the easement and receives a tax deduction, the landowner's 




102        Evaluating and Selecting Conservation Projects



       neighbors who benefit from the conservation of adjacent open 
       space, etc.). This level of benefit is generally considered "permis-
       sible" because such benefits are "incidental" to the land trust's 
       mission of conserving land in and for its community. A benefit 
       conferred on a private individual is impermissible if that benefit is 
       substantially greater than the incidental benefit conferred by the 
       land trust's work on members of the community.
  5.  Private inurement occurs when the net earnings of a tax-exempt 
       organization, like a nonprofit land trust, are distributed to an 
       "insider" (staff, board members, substantial donors, etc.). Federal 
       tax law prohibits tax-exempt organizations from creating any 
       private inurement. For a detailed discussion of private inurement 
       and private benefit, see the Land Trust Alliance course "Avoiding 
       Conflicts of Interest and Running an Ethical Land Trust."
  6.  Federal or state charitable trust and nonprofit laws and regula-
       tions guiding federal or state grant funding.

Internal Revenue Code 
Conservation Easement Criteria
For a complete discussion of the tax code requirements under Section 170(h) 
and  the  accompanying Treasury  Regulations,  see  the  Land Trust  Alliance 
course "Tax Benefits and Appraisals of Conservation Projects."
Not all conservation easements qualify for federal tax benefits - only 
those that comply with the provisions of Internal Revenue Code (IRC) 
Section 170(h) and with Treasury Regulations (Regs.) Section 1.170A-
14.  In  order  to  qualify  for  tax  benefits,  among  other  requirements,  a 
conservation easement must meet the "conservation purposes" test of the 
regulations set forth in Section 1.170A-14(d)(1). Practice 10A suggests 
that land trusts be familiar with both the Internal Revenue Code and any 
other federal or state requirements for conservation transactions.
    Practice 10A. Tax Code Requirements. The land trust notifies 
    (preferably in writing) potential land or easement donors who 
    may claim a federal or state income tax deduction, or state tax 
    credit, that the project must meet the requirements of IRC §170 
    and the accompanying Treasury Department regulations and/or 
    any  other  federal  or  state  requirements. The  land  trust  on  its 
    own behalf reviews each transaction for consistency with these 
    requirements.
The conservation purposes test set forth in the regulations is met if an ease-
ment is donated exclusively for one or more of the following purposes:




                                    IRS Requirements and Public Benefit          103



         1.  The preservation of land areas for outdoor recreation by, or the 
                education of, the general public;
         2.  The protection of a relatively natural habitat of fish, wildlife or 
                plants, or similar ecosystem;
         3.  Open space (including farmland and forestland) that is either 
                preserved:
                  a. For the scenic enjoyment of the general public; or 
                  b. Pursuant to a clearly delineated federal, state or local  
                      governmental conservation policy; and
                  c.  That will yield a significant public benefit; or
         4.  The preservation of a historically important land area or a certi-
                fied historic structure.
  In effect, the adoption of these categories of natural resources by Congress 
  as worthy of federal tax benefits represents the identification of the types 
  of land that are of national interest for preservation. Although land trusts 
  do  occasionally  accept  conservation  easements  that  do  not  meet  the 
  conservation purposes test, failure to meet this test should be seen as a 
  red flag. In this case, the land trust should make a special effort to define 
  exactly what public benefit is served by the acceptance or purchase of 
  such an easement. 
  Because properties with these characteristics have been recognized nation-
       ally as worthy of protection, these purposes should be included as part 
  of any conservation organization's selection criteria - even those that 
  purchase easements at fair market value. The regulations provide a great 
  deal of assistance in helping a land trust determine what factors should 
  be present to satisfy the conservation purposes test, and provide a good 
  starting point for the creation of your own land trust's selection criteria 
       that incorporate the IRC requirements. (See chapter 1 for more informa-
       tion about selection criteria.)
       Easements that are not intended to qualify for federal tax benefits must still 
       satisfy their state's conservation easement enabling statute.* For example, 
       the Texas Natural Resource Code, Chapter 183, allows conservation ease-
       ments to be used to "maintain or enhance air or water quality." Therefore, 
  land trusts in Texas may well wish to include this item as one of the crite-
       ria  they  will  examine  when  proceeding  through  their  project  selection 
  process. State statutes, such as the Texas statute, may allow for additional 
  resources or values to be protected by a conservation easement.

       * For links to all state conservation easement enabling statutes go to the Land Trust 
       Alliance's digital library on The Learning Center.



104           Evaluating and Selecting Conservation Projects



Public Benefit
Because land trusts are organized as charitable organizations under IRC 
Section 501(c)(3), a land trust must draft its mission statement to reflect 
the organization's obligation to provide a public benefit through its oper-
ations. Practice 1A (Mission) requires that a mission statement specify 
what public interests a charitable organization will serve. Charitable orga-
nizations are prohibited by law from taking actions that result in private 
inurement or impermissible private benefit.
Some land trusts view their role as providing a service to landowners, and 
indeed this is an important part of any land trust's work, but the service 
provided to these landowners must always result in a public benefit. A              A land trust must always ensure 
land trust cannot limit its work solely to completing projects requested by         that the conservation values it 
landowners in order to assist those landowners in securing federal and/or           identifies, in accordance with 
state tax benefits or other benefits. A land trust must always ensure that          Practice 8F, are those that will 
the conservation values it identifies, in accordance with Practice 8F, are          provide a public benefit. 
those that will provide a public benefit.
    Practice 8F. Documenting Conservation Values. The land trust 
    documents the condition of the important conservation values 
    and public benefit of each property, in a manner appropriate to 
    the individual property and the method of protection.
One of the most important roles a land trust board of directors provides 
is to evaluate projects for their public benefit. Practice 3F requires that 
all projects receive board review and approval and that the board receive 
sufficient information to make such decisions.
    Practice 3F. Board Approval of Land Transactions. The board 
    reviews and approves every land and easement transaction, and 
    the land trust provides the board with timely and adequate infor-
    mation prior to final approval. However, the board may delegate 
    decision-making authority on transactions if it establishes poli-
    cies defining the limits to that authority, the criteria for transac-
    tions, the procedures for managing conflicts of interest, and the 
    timely notification of the full board of any completed transac-
    tions, and if the board periodically evaluates the effectiveness of 
    these policies.
Land trusts may implement this practice differently but, at a minimum, 
the board must have sufficient information to determine:

    * If a proposed project is consistent with the organization's mission, 
      goals and strategic plan; 
    * Whether the project provides a significant public benefit; and





                                    IRS Requirements and Public Benefit      105



           * Whether  the  project  meets  the  organization's  selection  criteria 
             (including the IRC's conservation purposes test). 
       Some land trusts use a committee of the board or staff to fulfill this func-
  tion, followed by notification of the full board of completed projects, as 
       permitted by this practice. In this instance, the same requirements must 
       be met for projects reviewed by the committee or staff. 
       What, exactly, is meant by "significant  public benefit"?  One  relatively 
       easy way to meet this test is to provide public access to a conserved prop-
  erty for recreation and/or educational purposes. The fee acquisition of 
       conservation land commonly allows such access to an extent. Generally, 
  though, conservation easements do not allow for public access because of 
       landowners' concerns about intrusions on their privacy, the potential for 
       trespassing beyond established public access routes, worries about theft 
       or vandalism, or interference with the landowners' uses of their land. The 
       Internal Revenue Code and Treasury regulations provide detailed assis-
  tance in helping a land trust determine if a particular open space, farm-
  land or forestland conservation easement project constitutes a "significant 
  public benefit," and land trusts would be wise to incorporate or adapt 
  these factors to apply to fee acquisition projects as well. 
  Specifically, the regulations list the following factors to consider:

           * The uniqueness of the property to the area;

           * The  intensity  of  land  development  in  the  vicinity  of  the  prop-
             erty  (both  existing  development  and  foreseeable  trends  of 
             development);
           * The  consistency  of  the  proposed  open  space  use  with  public 
             programs (whether federal, state or local) for conservation in the 
             region, including:
              *    Programs for outdoor recreation;
              *    Irrigation or water supply protection;
              *    Water quality maintenance or enhancement;
              *    Flood prevention and control;
              *    Erosion control;
              *    Shoreline protection; and,
              *    Protection of land areas included in, or related to, a govern-
                   ment-approved master plan or land management area;

           * The  consistency  of  the  proposed  open  space  use  with  existing 
             private conservation programs in the area, as evidenced by other 
             land protected by easement or fee ownership by nonprofit organi-
             zations in close proximity to the property;



106        Evaluating and Selecting Conservation Projects



    * The likelihood that development of the property would lead to or 
       contribute to degradation of the scenic, natural or historic charac-
       ter of the area;
    * The opportunity for the general public to use the property or to 
       appreciate its scenic values;
    * The importance of the property in preserving a local or regional 
       landscape  or  resource  that  attracts  tourism  or  commerce  to  the 
       area;
    * The  likelihood  that  the  land  trust  will  acquire  equally  desirable 
       and valuable substitute property or property rights;                               Private  benefit  occurs  when  a  tax-
    * The cost to the land trust of enforcing the terms of the conserva-                  exempt  organization  provides  more  than 
       tion easement;                                                                     an  "incidental"  benefit  to  a  non-insider. 
    * The population density in the area of the property; and                             Although  charitable  organizations  such 
                                                                                          as  land  trusts  may  provide  benefits  to 
    * The consistency of the proposed open space use with a legislatively                 private individuals, federal tax-exempt law 
       mandated program identifying particular parcels of land for future                 prohibits more than an "incidental" bene-
       protection.                                                                        fit. The IRS prohibition on private benefit 
Adapting  these  factors  into  a  land  trust's  selection  criteria  and  public        is absolute. Incidental benefits are consid-
                                                                                          ered  to  be  those  benefits  that  are  insub-
benefit analysis, whether for acquisitions of conservation easements or fee               stantial when measured in the context of 
ownerships, will help ensure that all projects result in a public benefit.                the  overall  public  benefit  conferred  by 
                                                                                          the  activity.  Incidental  benefits  occur  as 
Public benefit is also defined in part as what it is not - a conference                   part of the nonprofit's public purpose and 
of impermissible private benefit. Charitable organizations qualified under                activity, which cannot be achieved with-
Section  501(c)(3)  of  the  Internal  Revenue  Code  are  prohibited  from               out  benefiting  some  private  individuals. 
                                                                                          For  example,  the  incidental  benefits  to 
conferring any benefit that constitutes private inurement or an imper-                    an  adjoining  property  owner  that  typi-
missible amount of private benefit.                                                       cally result from a conservation easement 
                                                                                          both  fall  within  the  land  trust's  mission 
Private benefit occurs when an organization provides more than an inci-                   and are insubstantial in the context of the 
dental  benefit  to  a  private  entity,  including  an  unrelated  private  party.       overall benefit of protecting the property. 
Because  organizations  with  tax-exempt  status  must  demonstrate  that                 Such incidental benefits to the adjoining 
they  are  organized  and  operated  exclusively  for  charitable  purposes,              property owner would not be considered 
                                                                                          a private benefit.
which contemplates some benefit to the public at large, the IRS considers 
an organization that benefits private interests in anything more than an 
insignificant or incidental fashion to have failed this test. 
From a land trust's perspective, incidental benefits may include conduct-
ing land planning for a landowner as part of the protection project, or 
conserving land next door to a landowner - activities that land trusts 
regularly engage in during the performance of their mission. So some 
private benefit is unavoidable in the operation of a conservation organi-
zation, but it must be incidental to the land trust's serving the public as 
a whole. 
Determining whether or not a land trust has conferred more than an 
incidental amount of benefit is a balancing test. Examples of what likely 



                                     IRS Requirements and Public Benefit           107



                                                       constitutes an impermissible amount of benefit include: payment of more 
                                                            than fair market value for a property absent adequate justification, sale 
                                                            of property at less than fair market value (unless to another nonprofit or 
                                                            government entity), or granting an amendment to a conservation ease-
                                                            ment that results in substantial benefit to the recipient of the amendment 
                                                            (additional home sites, removal of restrictions, and so forth).
                                                            Private inurement occurs when part or all of the organization's net earn-
                                                            ings are distributed to a party related to the organization. A "related party" 
                                                            is an insider, generally defined as "any individual who has a personal and 
                                                            private interest in the activities of the organization or who is in a posi-
                                                            tion to exercise substantial influence over the affairs of the organization, 
Private  inurement  occurs  when  a 
person  who  is  an  "insider"  to  the  tax-          and  their  family  members." This  definition  likely  covers  both  current 
exempt  organization,  such  as  a  director           and former land trust staff and board members, and may extend to major 
or  an  officer,  derives  a  benefit  from  the       donors as well (donors of either money or land). The IRS prohibition on 
organization  without  giving  something 
of at least equal value in return. The IRS             inurement is absolute. No private inurement is allowed - the amount is 
prohibition  on  inurement  is  absolute.              irrelevant (unlike private benefit). Examples of private inurement include 
The IRS also imposes penalties on direc-                    payment of excessive salaries, fees or expenses; free use of property (when 
tors,  officers,  key  employees,  and  other          such use is not enjoyed by the general public); and loans at terms more 
insiders who engage in transactions that 
confer an excess benefit on the individual             favorable than commercially available.
("excess benefit transactions").The penal-             For  a  full  discussion  of  private  benefit,  private  inurement  and  related 
ties for a land trust conferring any private 
inurement  or  an  impermissible  amount                    issues, see the Land Trust Alliance course "Avoiding Conflicts of Interest 
of  private  benefit  range  from  revocation               and Running an Ethical Land Trust."
of  the  organization's  charitable  status  to 
fines and penalties assessed against those                  Given the seriousness of ascertaining whether or not a potential conser-
who received the benefits and those who                     vation project will result in a public benefit, land trusts must document 
approved  them.  Although  these  issues                    in writing the findings made with respect to the presence or absence of a 
arise most frequently in the area of conser-
vation  easement  amendments,  staff  sala-                 public benefit. Simply stating a public benefit exists will not suffice. As 
ries, and the sale of property, certain other          part of the project selection process, the board (or board committee) that 
projects  may  also  raise  issues  of  private        approves a project must make findings consistent with the law on the 
benefit or inurement.                                  subject and memorialize those findings in writing (in written minutes of 
                                                       a board or committee meeting, or in a memo to the file or other docu-
                                                            ment). Some land trusts secure a statement from a local or state govern-
                                                            ment agency endorsing the public benefit of a conservation transaction, 
                                                       and the land trust then includes this statement in its project file. Finally, 
                                                       it  is  important  to  document  the  reasons  why  a  particular  transaction 
                                                       provides a public benefit in a conservation easement deed itself. 

                                                       Other Legal Requirements
                                                       In addition to satisfying IRC standards for conservation purposes and 
                                                       public benefit, any proposed conservation transaction should be pursued 
                                                       only if the written project selection process also ensures that any other 



                                                     108        Evaluating and Selecting Conservation Projects



legal requirements are satisfied. These requirements may include those 
necessary to qualify for federal, state or local funding. Government fund-
ing may also impose the need for a public benefit, so funding guidelines 
must be carefully scrutinized and added to the project selection process 
to ensure that the land trust only pursues those projects that meet such 
funding requirements.
In addition to meeting the federal charitable rules for nonprofit organi-
zations qualified under IRC Section 501(c)(3), individual states may also 
have  charitable  trust  or  nonprofit  corporation  laws  applicable  to  land 
trusts. Land trusts must adopt procedures to ensure that all of their activ-          Some land trusts secure a state-
ities, including the selection of projects and the public benefit they must           ment from a local or state 
provide, are consistent with these laws. An attorney familiar with chari-             government agency endorsing 
ties and nonprofits in the land trust's state of operation will provide the           the public benefit of a conserva-
best guidance on these issues.                                                        tion transaction, and the land 
To implement Practice 8D fully, the Land Trust Alliance recommends                    trust then includes this state-
that                                                                                  ment in its project file.

        * All  projects  have  documentation  of  the  public  benefit  of  the 
          transaction.
        * All projects have documentation of how the project is consistent 
          with the land trust's mission.
        * For  programs  that  accept  donated  easements,  written  project 
          criteria incorporate the conservation purposes from the Internal 
          Revenue Code as appropriate to the land trust's mission, as well as 
          any state requirements.




















                                     IRS Requirements and Public Benefit       109



P   U   T   T   I   N   G     I   T     I   N   T   O     P   R   A   C   T   I   C   E



              Understanding a Land Trust's Obligations to the Public
              This exercise is suitable for instructor-led training or self-study. The purpose of this 
              exercise is to help you learn to identify and address public benefit, private inurement, and 
              private benefit issues when they arise in your work.
                 Please review the following questions; guidance on what needs to be considered in these 
              situations follows.
              What are your land trust's obligations to the public?

                   * To prevent impermissible (excess) private benefit and any private inurement.
                       *    What if a board member wants to donate a conservation easement to your 
                            land trust?
                       *    What if a board member wants to buy land offered for sale by your land 
                            trust? What if a board member wants to buy the land before it is listed for 
                            sale to the general public?
                       *    What if a major donor wants an amendment to his or her easement?
                       *    What if a major donor has violated her conservation easement and the 
                            land trust board is reluctant to enforce the easement? 
                       *    What if a staff member wants to donate a conservation easement to your 
                            land trust and requests assistance in locating reserved building sites and 
                            other reserved rights?

                   * To ensure public benefit.
                       *    What is public benefit?
                       *    Does public benefit require consideration of community values, and how 
                            do we know what the values of a community are? 
                       *    Is a list of conservation values the same as public benefit?
                       *    Is there public benefit from 200 acres of conserved land with 20 reserved 
                            1-acre house lots? How would you know?
                       *    Is there public benefit from protecting a private golf course in a developed 
                            area?
                       *    Is there public benefit if the holder of the conservation easement over the 
                            land has no capacity or intention to enforce it?
                       *    How can a land trust document public benefit?





                            110      Evaluating and Selecting Conservation Projects



                                                                               E   X   E   R   C   I   S   E



Guidance
What are your land trust's obligations to the public?

    * To prevent impermissible (excess) private benefit or any private inurement. 
      Transactions involving "insiders" (board members, staff, and major donors, for 
      example) by their nature present issues of conflicts of interest and one of the 
      most common areas of concern with respect to impermissible private benefit or 
      private inurement. When examining these types of situations, land trusts should 
      question themselves honestly about whether accepting a project, agreeing to 
      an amendment, or assisting with land planning for an easement are services 
      provided to all members of the land trust's community, or if the organization 
      is only willing to proceed given its insider relationship with the proponent of 
      the action. Given the nature of their work, land trusts take actions that result in 
      some private benefit. The question is whether, in a particular situation, the land 
      trust would be providing more than its usual benefits to a particular individual 
      or whether it is considering an action only because an insider has requested the 
      action, and would likely decline the action for someone with no close relation-
      ship to the land trust. 

    * To  ensure  public  benefit  (see  Practice  8D)  As  a  charitable  organization,  a 
      land trust must provide a public benefit through its land protection activi-
      ties.  By  considering  community  values,  embodied  in  part  by  the  require-
      ments  within  federal,  state  and  local  laws,  you  can  ensure  that  the  actions 
      of your land trust provide a public benefit. Public benefit can be measured 
      in a number of different ways, but it extends beyond a list of conservation 
      values.  As  natural,  cultural,  open  space  and  historic  resources  are  increas-
      ingly threatened and diminished, the idea of public benefit has been consid-
      erably  broadened  from  that  of  simply  public  access.  The  preservation  and 
      protection of the natural environment is generally recognized as a charitable 
      purpose by the IRS. A wide range of federal, state and local conservation stat-
      utes  and  policies  make  it  clear  that  public  benefit  may  be  broadly  defined. 
      Thus,  whether  or  not  there  is  public  benefit  from  200  acres  of  conserved 
      land  with  20  reserved  1-acre  house  lots  depends  upon  an  array  of  factors. 
      Possibly yes, if such a configuration preserves an endangered plant or animal 
      species. Probably not, if the conservation plan simply sets aside open space that 
      can only be visually or physically enjoyed by the residents of the house lots.  
      All conservation easements should document the public benefit of the trans-
      action in the easement itself. In addition, the baseline documentation report 
      should identify how the protection of the property meets the Internal Revenue 





                                   IRS Requirements and Public Benefit         111



P   U   T   T   I   N   G     I   T     I   N   T   O     P   R   A   C   T   I   C   E



                      Code's  conservation  purposes  test  and  any  other  requirements  of  state  or 
                      local laws and regulations. For non-easement projects, the project file should 
                      contain some documentation of the public benefit served by the transaction. 
                      A mission statement that clearly identifies your land trust's public purpose is 
                      also an important guidepost in ethical and private­public benefit discussions. 
                      Keeping your organization's public purpose in the forefront can help your land 
                      trust make choices that further public rather than private interests.


































                           112      Evaluating and Selecting Conservation Projects



 Notes







































IRS Requirements and Public Benefit    113



T   E   M   P   L   A   T   E



             Determining Public Benefit
             This template is designed to help you determine if a particular project will meet the 
             public benefit test. Once you have collected enough information about a property, answer 
             the following questions. Although directed to conservation easements, this template can 
             also be easily adapted for fee land acquisitions.

             Who benefits from the conservation of this particular property and why?
             ________________________________________________________________
             ________________________________________________________________
             ________________________________________________________________
             ________________________________________________________________
             ________________________________________________________________
             ________________________________________________________________
             ________________________________________________________________


             If the project involves a donated conservation easement for which a tax benefit is 
             contemplated, does the project meet the IRS conservation purposes test? (Check 
             all boxes that apply.)
                       Outdoor recreational and/or educational use by the general public.
                       Protection of a relatively natural habitat of fish, wildlife or plants, or similar 
                          ecosystem.
                       Preservation of a historically important land area or a certified historic 
                          structure.
                       Open space (including farmland and forestland) that is either:
                     *     Preserved for the scenic enjoyment of the general public and will yield a 
                           significant public benefit; or 
                     *     Protected pursuant to clearly delineated federal, state or local governmen-
                           tal conservation policy and will yield a significant public benefit.







                            114    Evaluating and Selecting Conservation Projects



                                                                                T   E   M   P   L   A   T   E



Does the project meet the IRS definition of providing a "significant public benefit" 
when considering the following factors set forth in the Treasury regulations? 

    * The uniqueness of the property to the area;

    * The intensity of land development in the vicinity of the property (both existing 
      development and foreseeable trends of development);
    * The consistency of the proposed open space use with public programs (whether 
      federal, state or local) for conservation in the region, including programs for 
      outdoor recreation, irrigation or water supply protection, water quality mainte-
      nance or enhancement, flood prevention and control, erosion control, shoreline 
      protection, and protection of land areas included in, or related to, a government 
      approved master plan or land management area;
    * The consistency of the proposed open space use with existing private conserva-
      tion programs in the area, as evidenced by other land protected by easement or 
      fee ownership by nonprofit organizations in close proximity to the property;
    * The likelihood that development of the property would lead to or contribute to 
      degradation of the scenic, natural or historic character of the area;
    * The opportunity for the general public to use the property or to appreciate its 
      scenic values;
    * The importance of the property in preserving a local or regional landscape or 
      resource that attracts tourism or commerce to the area;
    * The  likelihood  that  the  land  trust  will  acquire  equally  desirable  and  valuable 
      substitute property or property rights;
    * The cost to the land trust of enforcing the terms of the conservation easement;

    * The population density in the area of the property; and

    * The consistency of the proposed open space use with a legislatively mandated 
      program identifying particular parcels of land for future protection.
Does the project support local, regional or statewide conservation plans, national 
designations, or similar goals? 
By protecting this particular property, will you further other state laws, local master or 
comprehensive plans, scenic highway plans, watershed protection strategies, national 
designations, etc.?
For easements purchased using local, state or federal dollars, does the project satisfy 
the requirements for use of such funds? 
Note:  Document  the  public  benefit  requirements,  in  addition  to  any  listed  above, 
required for the use of such funds.




                                    IRS Requirements and Public Benefit         115



C   A   S   E     S   T   U   D   Y



             Hogback Preserve
             This case study is suitable for instructor-led training or self-study. The purpose of this 
             case study is to demonstrate the importance of strict adherence to IRS public benefit 
             regulations.
                Please read the case study and review the questions that follow. Guidance on answering 
             the questions follows.

                                            Hogback Preserve














             On June 30, 2004, the Treasury Department and the Internal Revenue Service issued 
             a  notice  advising  taxpayers  that  the  IRS  intended  to  disallow  improper  charitable 
             contribution deductions. 
             The notice included a statement by IRS Commissioner Mark W. Everson that, "We've 
             uncovered numerous instances where the tax benefits of preserving open spaces and historic 
             buildings have been twisted for inappropriate individual benefit. . . . Taxpayers who want 
             to game the system and the charities that assist them will be called to account." 
             The notice included further warnings: "The IRS may impose penalties on promoters, 
             appraisers and other persons involved in these transactions. In appropriate cases, the IRS 
             may challenge the tax-exempt status of the charitable organization, based on the organiza-
             tion's operation for a substantial nonexempt purpose or impermissible private benefit." 
             These statements should clearly demonstrate to all conservation organizations that the 
             IRS is looking closely at conservation easement transactions and will examine whether 
             a particular project demonstrates a public benefit or just individual private benefit. 



                          116     Evaluating and Selecting Conservation Projects



                                                                          C   A   S   E     S   T   U   D   Y



Colorado Open Lands' Hogback Preserve Project

Background
This  project  was  a  proposed  conservation  easement  to  preserve  a  160-acre  parcel  in 
Colorado. The property is located in the rapidly growing Front Range corridor and could 
likely be developed with as many as 50 new lots. On its west side, the property is adjacent 
to open space - a county park. The landowner proposed to preserve the entire property 
with a conservation easement but retain the right to sell and/or develop nine residential 
lots. Seven of the lots were clustered in the southern portion of the property adjacent to 
the existing access road and other abutting properties. Two of the lots were located in the 
undeveloped, northern portion of the property on a ridge, adjacent to the county park. 
Access to the two lots would require a new road up the slope. (See map on page 116.) 

Project Review
The  initial  site  inspection  and  project  review  meeting  identified  that  the  property 
should qualify under the open space category of the IRS conservation purposes test. 
Specifically, Section 170A-14(d)(4)(ii) allows for a charitable deduction for the pres-
ervation of open space for the "scenic enjoyment of the general public." Scenic enjoy-
ment by the general public means that the public must have "visual access to or across 
the property" from "a park, nature preserve, road, water body, trail, or historic structure 
or land area, and such area or transportation way is open to, or utilized by, the public." 
The land trust initially determined that it thought the conservation easement could 
qualify under this section of the regulations if the owner removed Lots 1 and 2 from the 
proposal because they were not clustered on the valley floor with the other lots. 
The land trust's concern was based upon Section (d)(4)(v) of the regulations, which 
states:
    A deduction will not be allowed for the preservation of open space under [this 
    section], if the terms of the easement permit a degree of intrusion or future 
    development that would interfere with the essential scenic quality of the land.
As part of their project selection process, the land trust stated in writing to the land-
owner that it believed the reservation of Lots 1 and 2 and the access road represented "a 
degree of intrusion that would interfere with the essential scenic quality of the land." 
The land trust also stated that it believed these lots "could potentially disqualify the 
easement for a charitable deduction." This letter was met with frustration on the part 
of the landowner. The land trust agreed to conduct an additional site visit in which the 
landowner would float helium balloons from the proposed building locations on Lots 
1 and 2 in an attempt to depict the visual impact of homes on the two lots. 



                                    IRS Requirements and Public Benefit         117



C   A   S   E     S   T   U   D   Y



             The land trust wanted to view the property from the adjacent county park to the west. 
             The additional site visit revealed that due to the unusual topography of the property 
             and surrounding landscape, the majority of the property is not visible to the general 
             public, putting in question the scenic value of the project. Given the lack of visual 
             access to the property, the land trust was not comfortable moving forward with the 
             project. The land trust's final letter to the landowner stated:* 
                  As I quoted in my previous letter, scenic enjoyment, as defined by the IRS, by 
                  the general public means the public must have "visual access to or across the 
                  property" from a "park, nature preserve, road, water body, trail, or historic struc-
                  ture." However, the IRS adds that "the public benefit from the donation may be 
                  insufficient to qualify for a deduction if only a small portion of the property is 
                  visible to the public." After a more thorough reading of the IRS code, combined 
                  with a better assessment of the property with additional photographs, we do 
                  not believe your property qualifies under the definition of scenic conservation 
                  values, because so little of it is actually visible to the general public. 
                   Our concerns are magnified, as I mentioned in my first letter, by the current 
                  hearings  and  investigation  by  the  Senate  Finance  Committee  regarding 
                  land trusts' lax interpretation of the conservation purposes of the Treasury 
                  Regulations. We have taken this very seriously and made it a point to under-
                  stand and apply them with great care. This is not an easy task, and the burden 
                  of proof regarding defending the validity and strength of the conservation 
                  values lies solely on us as the land trust. Because of this, and our belief that 
                  your property will not qualify under the scenic conservation values test, we 
                  are unable to accept an easement on your property.

             Discussion Questions
             Guidance on the discussion follows.
                1. Does your land trust realize that the "open space" category of the IRS conser-
                     vation purposes test requires that the project satisfy the initial open space test 
                     and yield a "significant public benefit"? 
                2. How does your land trust determine whether or not a project meets the public 
                     benefit test? 
                3. Where do you incorporate this review into your existing process?


              *For a complete discussion of a land trust's responsibilities regarding the tax code requirements and 
             how best to explain these and similar concerns to landowners, see the Land Trust Alliance's course 
             "Tax Benefits and Appraisals of Conservation Projects."



                          118     Evaluating and Selecting Conservation Projects



                                                                         C   A   S   E     S   T   U   D   Y



  4. Does your land trust realize that the IRS will expect and require the land trust, 
      as well as the landowner, to defend the public benefit test as part of an IRS 
      audit? Would you be prepared to do so?

Guidance 
  1. This additional requirement is not present in the other three conservation 
      purposes. Each land trust should review the regulations pertaining to the 
      conservation purposes test and incorporate this analysis into their project 
      review procedures.
  2. The regulations provide a list of factors to consider when evaluating public 
      benefit. It is the land trust's responsibility to review these factors carefully in 
      determining whether or not a specific project meets the public benefit test. 
      This review is imperative and should always be documented by the land trust. 
  3. It does not matter when during the process the land trust conducts this 
      evaluation or where it documents this issue. It could occur as part of the site 
      inspection process, during documentation of the conservation values and/or as 
      part of the project selection process. However, the land trust must have a clear 
      understanding of the importance of the public benefit test and must docu-
      ment the outcome of its findings. 
  4. As part of the recent IRS audits of conservation easements conducted in 
      Colorado, the Service is asking both the landowner/Grantor and the land trust/
      Grantee to defend how the purpose(s) of the conservation easement fulfills the 
      requirements of Section 1.170A-14(d)(4)(iv) to yield a significant public bene-
      fit. And, in 2006, the IRS Form 8283 (completed to identify a charitable gift 
      for the donor's tax return) was revised to require the donor (landowner) to file 
      a statement identifying the conservation purposes of his or her gift. The land 
      trust's staff and board need to be aware of the additional requirements of the 
      conservation purposes test pertaining to public benefit, and should be careful 
      to understand and document how each project meets this test. 

Conclusion
All contributions made for the preservation of open space pursuant to the conservation 
purposes test must yield a "significant public benefit." The regulations state:
    The preservation of an ordinary tract of land would not in and of itself yield 
    a significant public benefit, but the preservation of ordinary land areas in 
    conjunction  with  other  factors  that  demonstrate  significant  public  benefit 
    or the preservation of a unique land area for public enjoyment would yield a 
    significant public benefit.



                                   IRS Requirements and Public Benefit        119



  Additional Resources
  Internal Revenue Code §170(h) can be accessed at www.fourmilab.ch/
  uscode/26usc/www/t26-A-1-B-VI-170.html 
  Treasury  Regulations  §1.170A-14  can  be  accessed  at  www.access.gpo.
  gov/nara/
  The  Conservation  Easement  Handbook,  by  Elizabeth  Byers  and  Karin 
  Marchetti Ponte (Land Trust Alliance, 2005).
  See also the following Land Trust Alliance courses:

       * "Tax Benefits and Appraisals of Conservation Projects"

       * "Avoiding Conflicts of Interest and Running an Ethical Land 
         Trust"

  Check Your Progress
  Before continuing on to the next chapter, check that you can:
            Determine if a project meets applicable federal, state and local 
          requirements, especially the Internal Revenue Code's conserva-
          tion purposes test;
            Understand and incorporate the IRC conservation easement 
          purposes language into your project selection criteria;
            Define what "public benefit" means;
            Evaluate and document the public benefit of every land and 
          easement transaction;
            Understand the link between public benefit and the land trust's 
          mission; and
            Ensure that the project does not result in impermissible private 
          benefit or any private inurement.















120    Evaluating and Selecting Conservation Projects



 Notes







































IRS Requirements and Public Benefit    121






                                        Chapter Three · Site Inspection


Practice 8E: Site Inspection
The land trust inspects properties before buying or accepting donations of land or easements to 
be sure they meet the organization's criteria, to identify the important conservation values on the 
property and to reveal any potential threats to those values.
A land trust should not enter into a transaction without seeing and evaluating a property, and the 
earlier in the transaction process that it can visit the property, the better. The purpose of a basic site 
inspection is to determine whether the property meets the land trust's criteria, identify the prop-
erty's conservation resources, discover any management-related problems, and identify problems 
or threats that should be investigated further. Often a land trust visits the property several times as 
the project develops.
                 - From the Background to the 2004 revisions of Land Trust Standards and Practices


Learning Objectives 
As a result of studying this chapter, you should be able to:

    * Explain the important elements of a site inspection, including how 
      to: 
       *    Determine if the property meets the land trust's written selec-
            tion criteria;
       *    Identify and document conservation values; 
       *    Identify boundaries; 
       *    Evaluate current and past activities on the land and on rel-
            evant adjacent lands, including any potential for hazardous 
            waste; 
       *    Identify threats to the conservation values and/or safety haz-
            ards, public use or encroachment areas, management prob-
            lems, or other threats; 
       *    Conduct research on the property via maps, Natural Heritage 
            Inventory data and other sources; and
       *    Gather any other information relative to the conservation of 
            the land;



           * Use  the  tools  provided  in  the  course  to  create  a  site  inspection 
             form;
           * Determine when additional site inspections, inventories or studies 
             might be warranted;
           * Explain what should happen at the land trust once the site inspec-
             tion is completed, where the information goes, who evaluates it, 
             and who makes the next decision;
           * Describe  how  data  obtained  at  the  initial  site  inspection  can  be 
             used  for  future  baseline  documentation  reports  or  management 
             plans; and
           * Document the site inspection and keep inspection records.

  Summary
  Preserving and protecting land, whether by conservation easement or fee 
       acquisition, is a decision that should not be taken lightly by the land trust. 
  As with any real estate transaction, one of the most important elements 
  of the due diligence process is to make sure you "know what you are 
       getting." A land trust can only satisfy this requirement by visiting the 
       property and familiarizing itself with its key characteristics. This process 
       should begin as soon as possible after initial contact with a landowner.
       There are three main purposes to a site inspection that can only be satis-
  fied by a field visit to the property, not simply a drive-by. The first purpose 
       is to determine whether or not the property meets the land trust's written 
       selection criteria, in particular, whether the land's conservation resources 
       and their public benefit are sufficient to warrant the land's protection.
       The second purpose of a site inspection is to identify any land manage-
  ment issues that might make it impossible or infeasible for a land trust to 
  protect the property. And the third is to identify potential problems that 
  must be further investigated, resolved or mitigated before the land trust 
  board gives final approval to the project.
  A  related  practice,  Practice  8F,  Documenting  Conservation  Values,  is 
  important to the site inspection process because it is through this process 
  that a land trust can confirm a property's conservation values and begin 
       their documentation. Understanding the conservation values is critical to 
       designing a project that will protect those values in perpetuity, whether 
       through a conservation easement or fee acquisition. 
       The overarching goals of the site inspection process are to familiarize the 
  land trust staff, volunteers and board members with the property's physi-
  cal characteristics and to identify any issues that need to be considered 
       during the project selection and evaluation process. 



124        Evaluating and Selecting Conservation Projects



Organizational Assessment
Conduct a quick assessment of your land trust's site inspection process, 
giving  your  organization  one  point  for  every  "yes"  answer.  Scores  are 
shown at the end.
Does your organization:
  1. Arrange a site visit to a potential project early on in its consider-
       ation of the project?
  2. Conduct more than one site visit to confirm physical aspects of 
       the property, assess management and conservation issues, and so 
       forth?
  3. Use its site visit to confirm and document any conservation 
       values associated with the property?
  4. Gather information about a potential project from other sources 
       and use this information in its project selection process?
  5. Have a site inspection form to assure consistent reviews of differ-
       ent properties?
  6. Include an interview with the landowner as part of the site 
       inspection process?
  7. Understand additional levels of site inspections and when they 
       might be advisable to perform?
  8. Understand all of the uses for information gathered during site 
       inspections?
If your organization scores:
    8: Great! Your organization clearly values the benefits of a site 
         inspection and is well on its way to excellence. This course may 
         help you expand or refine your site inspection process and/or 
         form.
   6­7: Good, but there is room for improvement. A more thorough 
         process will ensure your land trust only accepts the best projects 
         and will help achieve the results your land trust seeks.
   4­5: You are on the right track, but much still needs to be done to 
         improve your land trust's due diligence practices and to ensure 
         that the projects your land trust chooses accomplish the objec-
         tives you seek.
   0­4: It is time to implement site inspections as a critical part of your 
         organization's project selection process, and adopt written poli-
         cies and practices to ensure that your organization acts in ways 
         that are effective and efficient.




                                                           Site Inspection     125



       Site Inspection

       Preliminary Steps
       A key component of the inspection of a potential conservation site is 
  the  identification  of  the  conservation  values  associated  with  the  land. 
       Practice 8F describes this process.
           Practice 8F. Documenting Conservation Values. The land trust 
           documents the condition of the important conservation values 
           and public benefit of each property, in a manner appropriate to 
           the individual property and the method of protection.
  Before beginning the site inspection process, it is necessary to distinguish 
  between the information that must be gathered for a conservation easement 
  acquisition versus a fee title acquisition. In the first instance, a land trust is 
       acquiring a property interest in the land but not the land's entire ownership. 
  The organization generally does not acquire or assume the responsibility of 
  upkeep and maintenance, the payment of property and other taxes, public 
  liability risks, and other typical attributes of land ownership. In a fee title 
  acquisition, a land trust acquires the land in its entirety and thus takes on 
  all obligations of ownership, including the potential liability for hazardous 
  waste that may be on the property. Therefore, land trusts sometimes create 
  two different site inspection forms, one for each type of acquisition.
  The creation of a site inspection form has many of the same benefits as 
  creating a project completion or project acquisition checklist (described 
  in chapter 1). These benefits include helping ensure the land trust does 
       not forget to secure important information about the property, ensuring 
       that consistent types and amounts of information are collected for each 
       potential project, and enhancing the land trust's decision-making process 
       through timely and complete site inspection data. The site inspection 
       form also provides a record of the land trust's visit to the property.

       Background Research
       The first basic step in a site inspection is preparing for the visit. A land 
       trust must identify which staff, volunteers or board members should be 
       present. Those land trusts without staff often assign a particular board 
       member to each conservation project. Others encourage board members 
  to accompany the staff or volunteer who is charged with the site visit in 
       order to begin to familiarize the board with the property. 
       It is generally important for those land trust representatives (project staff 
       or trained volunteers) who will be responsible for negotiating, drafting 
       and  revising  the  conservation  easement  or  overseeing  the  property's 



126        Evaluating and Selecting Conservation Projects



acquisition (or working with the land trust's attorney to accomplish these 
tasks) to visit the property. Other land trust staff or volunteers who may 
benefit from attending the site inspection are those who will be charged 
with the property's stewardship.
Once the parties who will attend the site inspection are identified, these 
land trust representatives should be trained in:

     * How to research a property prior to the site visit;

     * How to conduct an interview with the landowner (including what 
       not to say);
     * How to dress and what to carry for the visit;

     * How to complete the site inspection form;

     * Determining what must be done as a follow-up to the site inspec-
       tion; and,
     * Determining what records must be kept in the land trust's project 
       files, in accordance with Practice 9G, Recordkeeping.*
The  land  trust  representative(s)  who  will  conduct  the  site  inspection 
must  complete  some  research  with  respect  to  the  property  before  the 
inspection,  in  order  to  be  fully  prepared  for  the  visit.  Such  research 
might include:

     * Understanding the property's location relative to land trust priori-
       ties or focus areas;
     * Reviewing  topographic  and/or  parcel  maps  and  aerial  photos  to 
       understand the property's size and general physical features and its 
       relationship to other land trust projects, public lands, etc.;
     * Reviewing  U.S.  Natural  Resources  Conservation  Service  soil 
       surveys, state wildlife department maps, scenic byway master plans, 
       historic  preservation  district  designations,  and  Natural  Heritage 
       Inventory data ; and
     * Reviewing  local  zoning  and  land  use  information  such  as  area 
       master plans.


* Practice 9G. Recordkeeping. Pursuant to its records policy, the land trust keeps 
originals of all irreplaceable documents essential to the defense of each transaction 
(such as legal agreements, critical correspondence and appraisals) in one location, and 
copies in a separate location. Original documents are protected from daily use and are 
secure from fire, floods and other damage.

  Conceived by The Nature Conservancy and instituted in the 1970s, Natural 
Heritage Programs function in all 50 states and most Canadian provinces, and iden-
tify rare flora and fauna and associated habitats. Heritage Programs are also excellent 
sources of information about relevant publications and local naturalists and biologists.



                                                                  Site Inspection           127



       Some of the information you should secure before the site inspection 
       through this research includes:

           * Property location and acreage

           * County in which the property is located

           * Zoning and land use issues that may affect the property (limits on 
              development potential, development in the area, etc.)
           * Important  natural  and/or  historic  resources  located  on  the 
              property
  It may not be possible to secure all of the above information in a timely 
       fashion prior to a site visit, but it is advisable to do so to the extent possible. 
  All of this information should be noted in the project file and kept pursu-
       ant to the land trust's records policy (see Practice 2D, Records Policy).

       Site Inspection Preparation
       Choosing the right time of year for a site inspection is critical to acquiring 
  sufficient information about a property in order for a land trust to make 
  informed decisions about which projects it accepts. If a land trust has a 
  choice in the time of year to make a site inspection, early spring and fall 
  may be the best times for viewing a property in many parts of the country 
       because summer foliage will not block views and winter snows will not 
       obscure important natural resources, such as wetlands, or evidence of the 
       possible presence of hazardous materials. 
       It is important to note that the site inspection referred to in this chap-
       ter is not the same as a Phase I Environmental Assessment. A Phase I 
  Environmental  Assessment  is  a  technical  investigation  conducted  by 
  qualified scientists or engineers to determine whether or not hazardous 
  substances are present on a property and, if so, to understand their nature 
  and extent. A land trust's site inspection, if performed correctly, should 
  result in an understanding of whether a Phase I Environmental Assessment 
  is warranted or not. (See Additional Resources for guidance on recog-
       nizing hazardous materials and the Hazardous Waste Assessment Form 
  in the Sample Documents section. See also Practice 9C, Environmental 
  Due Diligence for Hazardous Materials.)
  The land trust takes steps, as appropriate to the project, to identify and 
  document whether there are hazardous or toxic materials on or near the 
  property that could create future liabilities for the land trust.
  Land trust personnel attending a site inspection should prepare as they 
  would for an annual monitoring visit: 

           * By informing other personnel of the visit, the property's location 
              and the estimated time of return; 


128        Evaluating and Selecting Conservation Projects



    * By wearing clothing appropriate for the circumstances and taking 
      field-related gear such as water, sunscreen, compass and/or GPS, 
      and maps; and 
    * By  taking  all  necessary  materials  to  the  visit,  such  as  inspection 
      forms, notebooks, cameras, tape measures, etc. 
In addition, the landowner should be encouraged to attend the site inspec-
tion, so that an interview of the landowner about important aspects of 
the property can be conducted at the same time. 
Land trusts should interview landowners to obtain information only they 
possess, (e.g., leases they may have executed granting others the right to 
use the property) and for background information about historic uses 
of the property. Some of the questions asked of landowners at this stage 
may need to be confirmed during a formal due diligence process later 
(e.g., thorough examination of title matters). At this stage, you are merely 
trying to assess the feasibility of proceeding with the project.
A landowner interview should include the following questions:
  1. Who has ownership rights in the property? (E.g., family 
      members, easement holders, partners in a partnership or limited 
      liability company, mineral-rights holders.)
  2. What are the past and current uses of the land? List all improve-
      ments on the land.
  3. If a conservation easement, what does the landowner wish to use 
      the land for in the future? (To secure an initial understanding of 
      what reserved rights the landowner might require.)
  4. Has the property been subject to a clean-up order by the state 
      or federal government for hazardous waste? Has the landowner 
      ever buried waste on the property, installed underground storage 
      tanks, or otherwise stored chemicals or petroleum products on 
      the land?
  5. Are there any land management problems the landowner is 
      addressing, such as trespass, vandalism or invasive species?
  6. Has the landowner granted any rights to someone else with 
      respect to the property that would not show up in the public 
      records, such as grazing or hunting leases, the right to remove 
      trees that block a neighbor's views, or the right to recreate on the 
      property?
  7. What and where are the important conservation resources on the 
      property?
  8. Are there any surrounding land use issues the land trust should 
      be aware of, such as oil and gas development, wildfire mitigation 
      efforts, proposed reservoirs, etc.?


                                                             Site Inspection      129



         9. Is the property enrolled in any local or state programs that 
              may affect specific uses on the land (such as a state forestry tax 
              program)?
  In addition to interviewing the landowner, this is the ideal time to educate 
  him or her about the land trust's project selection process. If your land 
  trust has developed materials for distribution on this topic, you should 
       provide them to the landowner at this time. Explain what should happen 
       at the land trust once the site inspection is completed, where the infor-
       mation goes, who evaluates it, and who makes the next decision. For 
       projects where the landowner has approached the land trust, be careful 
       that any enthusiasm you express for the property during your site visit is 
       not communicated to the landowner as a promise that the land trust will 
       accept the project.

       The Site Inspection Process
       During the site inspection, you should learn as much as possible about 
  the following property characteristics:
       Property Access. Is the property accessible from a public road? If not, 
  how is legal access to the property attained? Is the access gated? Is the 
  property accessible year-round? If not, why, and when is it accessible?
       Property Boundaries. If possible, the land trust inspector should walk 
       the entire boundary of the land in order to understand any stewardship 
       challenges associated with unclear boundaries and to look for potential 
       problems associated with adjacent land uses. Note whether the boundar-
       ies are marked by survey monuments, fence lines or natural features, or if 
       boundaries are not possible to locate in the field.
       Existing Land Use and Intensity of Activity. Note all residential, agri-
       cultural, commercial, industrial, recreational, and forest harvest activities 
  (including those authorized under leases or rental agreements) and their 
       relative intensity of activity.
       Existing  Improvements  and  Their  Condition.  Note  the  number  and 
       approximate location of all structures and improvements (roads, trails, 
       gates, dams, fences, etc.) and their general condition. Also note any visi-
       ble easements such as utility lines, driveways, railways, and ditches.
       Potential Threats to Natural or Historic Resources. Note activities, both 
       on-  and  off-site,  such  as  incompatible  development,  logging,  mining, 
       overgrazing, off-highway vehicle use, evidence of trespass or vandalism, 
       erosion or runoff, evidence of trash dumping or the presence of invasive 
       species.



130        Evaluating and Selecting Conservation Projects



Safety Hazards, Natural and Manmade. Note any swimming holes, fish-
ing sites or rock climbing areas that might attract uninvited visitors, as 
well as any natural hazards such as landslides, fire hazards or steep cliffs. 
In addition, note any unstable bridges, roads, buildings or walls.
Adjacent Land Use. Identify the extent and intensity of adjacent residen-
tial, commercial or industrial land uses; the presence of mining, logging  
and road construction; and any water control or drainage issues.
Evidence of Hazardous Waste Problems. Look for dumps, evidence of 
underground  tanks,  bald  spots  lacking  vegetation  or  where  vegetation 
is dying, fumes, pipes venting from the ground, empty tanks in which 
chemicals, pesticides or petroleum products may have been stored,  or 
evidence of buried waste, such as disturbed soil. A more thorough inspec-
tion for hazardous materials will be needed if the land trust proceeds with 
the transaction, but such obvious signs of contamination provide an early 
warning that the property may have serious problems.
Identify  Conservation Values.  Identify  the  conservation  values  associ-
ated with a particular property to the extent necessary for the land trust 
to make an informed decision to proceed with a project or not, in accor-
dance  with  Practices  8F,  Documenting  Conservation  Values,  and  3F, 
Board Approval of Land Transactions. 
Once the project is approved, the land trust will need to conduct and 
document a more thorough review of the property's resources sufficient 
to provide a baseline for future management, monitoring and defense. 
For purposes of project selection, however, particular attention should 
be given to determining if a property's conservation values will meet the 
Internal  Revenue  Code's  conservation  purposes  test  for  conservation 
easements intended to qualify for federal tax benefits (and in some cases, 
state tax benefits), or to determine what public benefit will result if the 
land is acquired in fee. At a minimum, the site inspection must identify 
those conservation values that will determine if a property meets the land 
trust's selection criteria.


                                                                                    Example
The Tall Timbers Research Station and Land Conservancy is a land trust 
operating  in  the  Red  Hills  region  of  southern  Georgia  and  northern 
Florida. It works to promote exemplary land stewardship and to protect 
the distinctive Red Hills landscape, and holds conservation easements on 
more than 70,000 acres of land. The Red Hills region contains some of 
the highest levels of biodiversity in the United States. The Conservancy 
was  contacted  by  a  landowner  interested  in  donating  a  conservation 



                                                         Site Inspection     131



       easement on 5,000 acres he had recently purchased. The Conservancy 
  was  somewhat  familiar  with  the  property.  Although  intrigued  by  the 
  large size of the proposed project, the land trust was skeptical that the 
  land would meet the organization's selection criteria because its previ-
       ous owner, a timber company, had managed the land solely for timber 
  production. The land trust believed the land would likely contain little 
  native vegetation, and thus little biodiversity, but agreed to perform an 
  initial site inspection with the landowner.
  After spending several hours on the property and meeting with both the 
  landowner and the land manager, the Conservancy was happily surprised 
  to find that the land was suitable for conservation after all. Not only did 
  the land contain pockets of undisturbed native habitat that were worthy 
       of  protection,  but  interviews  with  the  landowner  and  land  manager 
       revealed  a  commitment  to  restore  the  majority  of  the  land  to  native 
       species, despite the large costs that would be involved. The site inspec-
       tion,  therefore,  showed  the  Conservancy  that  the  land  contained  the 
  habitat and biodiversity the organization was formed to protect. It also 
  revealed an opportunity to work with the landowner and land manager 
  to restore the land and heal the timber harvest damage, while presenting 
  the community and other local landowners a great model of exemplary 
  land stewardship.


  Generally, a site inspection should obtain the basic types of information 
  about natural resources listed below:

           * Water resources. Indicate kind and condition - pristine, degraded 
             or restorable. Types might include:
              *    Marsh;
              *    Riparian;
              *    River/stream;
              *    Open water;
              *    Vernal pools;
              *    Springs;
              *    Floodplain;
              *    Aquifer recharge area;
              *    Wetland; and
              *    Upland watershed.




132        Evaluating and Selecting Conservation Projects



    * Natural  habitat  (plant  and  animal).  The  inspection  might 
      identify:
       *    Rare, threatened or endangered species;
       *    State species of special concern;
       *    Wildlife habitat;
       *    Plant communities;
       *    Documented biotic resources; and
       *    Whether the property connects or buffers other protected nat-
            ural areas.

    * Agriculture. The inspection might identify:
       *    Present and potential agricultural uses;
       *    Presence of prime, unique or productive agricultural soil;
       *    Favorable microclimates;
       *    Irrigated lands; and
       *    Whether the property buffers other productive agricultural 
            land.

    * Open space. The inspection should identify:
       *    Whether the property connects to or buffers other protected 
            lands;
       *    Whether the property is visible from public lands or water-
            ways; and
       *    Whether the property is visible from public roads or scenic 
            byways.

    * Aesthetic and cultural features. The inspection should identify:
       *    Archaeological sites;
       *    Historic sites (land and/or buildings);
       *    Geologic features of significance;
       *    Whether it is accessible to the public or could be; and
       *    Whether it is a potential park site.

Post Site Inspection Matters
Following the site inspection, a review of the data collected may indicate 
that further studies are necessary in order for the land trust to decide 
whether to proceed with the project. A second site inspection may be 
warranted to evaluate biological changes, such as the emergence of vernal 




                                                         Site Inspection     133



       pools, or to uncover occasional uses of the property or adjoining lands 
       that may pose management or resource protection problems, such as the 
       dumping of trash or debris, or to complete a project plan (see chapter 4) 
       or baseline documentation. 
       A land trust may need additional information to determine if a property 
       will meet the Internal Revenue Code's conservation purposes test, such 
       as a biological inventory that would identify threatened or endangered 
       species of which the landowner is unaware or which were not visible on 
       the site visit. Alternatively, a land trust may need additional informa-
       tion about agricultural or forestry resources that require an analysis by an 
       experienced professional. 
       A biological inventory is a catalog of a property's or region's natural charac-
       teristics and is based on a systematic search for the best examples of natu-
       ral habitats and locations of rare species. Such inventories identify not 
  only the diversity of natural resources, but also their condition, extent 
       and relationship to each other. There are three fundamental reasons for a 
       land trust to invest time and money in biological inventories:
         1. To direct protection efforts to land that merits protection most;
         2. To determine the funds needed for easement stewardship, land 
             management and possibly restoration of those properties; and
         3. To provide basic management guidance and information for a 
             land trust negotiating a conservation easement on a property, or, 
             for fee acquisitions, to inform the creation of a land management 
             plan.
  An inventory of agricultural resources will focus on the extent and location 
       of prime and unique soils (as identified by the U.S. Natural Resources 
       Conservation Service) and soils of statewide interest (generally identified 
       by state agriculture departments or cooperative extension services). Such 
       an inventory will also examine climate and, in some parts of the country, 
       the availability and supply of water.
       An inventory of forestry resources will examine the health of the forest, the 
       size of the trees and the forest's current stocking levels, the soils, and the 
       current forest infrastructure, including roads, landings and any camps. 
       Such an inventory should also examine the effects of a working forest on 
       water resources and watersheds, soil erosion and impacts on other natu-
       ral resources.
       An inventory of scenic resources may examine the viewsheds that are avail-
       able to the public on the prospective property or views of the property. 




134        Evaluating and Selecting Conservation Projects



IRS regulations favor scenic easements that are consistent with a regional 
or  local  landscape  inventory  made  pursuant  to  a  sufficiently  rigorous 
review  process.  By  having  a  scenic  resource  inventory,  a  land  trust  can 
justify both present and future easements that cite scenic values as their 
core public benefit. The scenic benefit must be viewable to the public, 
usually from a nearby public roadway, trail or other publicly accessible 
site. Existing scenic resource inventories may be available from govern-
ment agencies, such as the local historical commission, a state or federal               Natural resouce inventories include 
Scenic Byways Program, or the National Park Service's Wild and Scenic                    biological,  agricultural,  forestry,  and 
Rivers Program.                                                                          scenic.
Once the inspection is completed and supplemented by any additional                      A  biological  inventory  is  a  catalog  of  a 
                                                                                         property's or region's natural characteris-
inventories the land trust secures, the land trust should develop, as part               tics and is based on a systematic search for 
of its project selection process, the next step in evaluating the data. Often            the best examples of natural habitats and 
the data is incorporated into the project selection criteria as appropriate,             locations of rare species.  
and then an evaluation is made of additional information learned from                    An  inventory  of  agricultural  resources 
the inspection. Such an evaluation may be completed by a staff member                    will focus on the  extent and  location of 
or trained volunteer and then presented to a committee of the board or                   prime and unique soils and soils of state-
                                                                                         wide interest.  Such an inventory will also 
the full board, or there may be a process whereby the staff or volunteer                 examine climate and, in some parts of the 
and/or a committee evaluate the data and make a recommendation to the                    country,  the  availability  and  supply  of 
board. Both the inspection itself and its final evaluation must be docu-                 water.
mented in writing and kept in the land trust records in accordance with                  An  inventory  of  forestry  resources  will 
Practice 9G, Recordkeeping.                                                              examine the health of the forest, the size 
                                                                                         of the trees and its current "stocking," the 
Additional Uses for Site Inspection Data                                                 soils, and the current forest infrastructure 
                                                                                         ­ roads, landings and any camps.  Such an 
                                                                                         inventory should also examine the effects 
Although the information gathered in a site inspection is critical to the                of a working forest on water resources and 
project selection process, it is also important to other land trust functions.           watersheds,  soil  erosion  and  impacts  on 
Site inspection information is used in the creation of baseline documen-                 other natural resources.
tation  reports  prepared  for  conservation  easement  projects.  Although              An  inventory  of  scenic  resources  may 
such information will likely not be sufficient for a complete baseline, the              examine the viewsheds that are available 
data provides a critical starting point for such documentation.                          to the public on the prospective property 
                                                                                         or views of the property.
If a conservation easement requires the preparation of a land manage-
ment plan, or if the land trust acquires the land in fee and manages the 
property in accordance with such a plan, the data acquired in the site 
inspection can help identify areas that must be addressed by such plans, 
including:

    * Safety hazards; 

    * Resource depletion issues (overgrazing, erosion, etc.);

    * Public use issues; and

    * Maintenance of existing improvements. 






                                                             Site Inspection      135



       Finally, the data acquired during a site inspection may demonstrate the 
  need to obtain a Phase I Environmental Assessment of the property in 
       situations in which a land trust might not routinely do so, as is generally 
       the case with donated conservation easements.




                                          Notes
































136        Evaluating and Selecting Conservation Projects



 P   U   T   T   I   N   G     I   T     I   N   T   O     P   R   A   C   T   I   C   E



Creating a Site Inspection Form
This exercise is designed for instructor-led training or in-house study. It will help your 
land trust develop a site inspection form that is suited to the needs of your land trust and 
help you comply with Practice 8E.
  This site inspection form is intended for conservation easement transactions; the 
acquisition of fee title to property requires the collection of additional data. See page 149 
for an example of a fee title acquisition site inspection form.

                                _____________ LAND TRUST
                                  SITE INSPECTION FORM
                   CONSERVATION EASEMENT ACQUISITIONS

Property and Landowner Information
Insert all useful information about a particular project.


Project Name:  ____________________________________________________
Landowner Name: _____________________ Telephone #:  _________________
Address:  _________________________________________________________
E-mail address: ____________________________________________________
Additional information about land ownership:  ___________________________
________________________________________________________________
________________________________________________________________
Is the land owned by an entity such as a partnership - describe; is the land owned by 
more than one person - list names and relationship, etc.


Address of property:  _______________________________________________
County:   ________________________________________________________
Directions to property:  _____________________________________________
(attach topographic, county and/or other maps and note location of property on maps)




                                                                    Site Inspection         137



P   U   T   T   I   N   G     I   T     I   N   T   O     P   R   A   C   T   I   C   E



              Total acreage: __________________  Acreage to be conserved: ______________
              Insert how the acreage amount was determined - obtained from landowner or by estimate 
              from map, etc.


              Tax or parcel #:  ___________________________________________________
              Zoning:  _________________________________________________________
              Land use issues: ___________________________________________________
              ________________________________________________________________
              ________________________________________________________________
              Insert land use issues your land trust may need to know - special planning districts, 
              how land is identified in local master plan, types of restrictions on development such as 
              minimum lot size, ridgeline regulations, floodplain restrictions, etc.


              Do any surveys exist for the property? ________________Date:  _____________



              Property Access and Boundaries
              What is the legal access to the property?  ________________________________
              Describe any difficulties with respect to access: ___________________________
              ________________________________________________________________
              Access via private easement, locked and/or gated access, seasonal access, etc.


              Condition of boundaries:  ___________________________________________
              ________________________________________________________________
              Are boundaries monumented, fenced, unclear, difficult or impossible to walk, etc.







                           138      Evaluating and Selecting Conservation Projects



                                                                            E   X   E   R   C   I   S   E



Is the land adjacent to other protected areas:
    Public lands: __________________________________________ (describe)
    Privately conserved lands:  ________________________________ (describe)



General Description of Property
Historic land uses: _________________________________________________
Current land uses and their intensity:  __________________________________
Surrounding land uses and their intensity:  ______________________________
Existing improvements and their condition:  _____________________________
Proposed improvements:  ____________________________________________
Visible easements or encumbrances: ____________________________________
General description of topography and any natural features: _________________
________________________________________________________________ 
 Resource management (note any of the following resources that apply to the property 
and how the landowner wishes to address them; note if a management plan may be 
necessary)
Agriculture: ______________________________________________________
Timber harvest:  ___________________________________________________
Mining, oil and gas development:  _____________________________________
Recreation, both private (hunting, fishing, etc.) and public (trail, park, etc.):  ____
________________________________________________________________
________________________________________________________________
Water features including water rights: __________________________________








                                                        Site Inspection    139



P   U   T   T   I   N   G     I   T     I   N   T   O     P   R   A   C   T   I   C   E



              Conservation Values
              Does land contain relatively natural habitat?       Yes         No
                   If yes, describe for what plants and/or animals:   _______________________
              Is or will land be available for public recreation or education?      Yes         No
                         If yes, describe what kind of access:  _____________________________
              Does land represent scenic open space, farm or forest land?      Yes         No
                         If yes, from where does public view land? _________________________
              Is land identified for conservation by a federal, state or local governmental policy?
                    Yes         No
                         If yes, which policy applies?  ___________________________________
              Is the land part of an historically important land area or does it contain a certified 
              historic structure?      Yes         No
                         If yes, describe: _____________________________________________
              Insert other conservation values, either through a listing related to the land trust's selection 
              criteria priorities (watersheds, prime and unique soils, working forests, wetlands/riparian 
              areas, etc.) or by general description. 


              Hazards, Public Use Issues
              Safety hazards: ____________________________________________________
              Public use problems:
                         Dumping?      Yes         No
                         Trespass?      Yes         No
                         Vandalism?      Yes         No
                         Off-highway vehicle use?      Yes         No
                         If yes, describe: _____________________________________________






                           140        Evaluating and Selecting Conservation Projects



                                                                           E   X   E   R   C   I   S   E



Evidence of potential hazardous waste issues:
        Fumes or unusual odors?      Yes         No
        Evidence of underground tanks (piping, vents, depressions or mounds)?  
             Yes         No
        Dumps?      Yes         No
        Areas lacking vegetation or where vegetation is dead/dying?      Yes         No 
        Disturbed soil?       Yes         No
        Drains?      Yes         No
        Unusual color in water or sheen on water?      Yes         No
        Empty drums?      Yes         No
        Any potential stewardship concerns?      Yes         No
        If yes, describe:   ____________________________________________


Signed by Inspector:  _______________________________________________
Date of Inspection:  ________________________________________________




















                                                        Site Inspection    141



C   A   S   E     S   T   U   D   Y



             Greenhorn Ranch
             This case study may be completed either through an instructor-led training or through 
             self-study. In this case study, you can see the value of using knowledgeable personnel to 
             conduct site inspections, and potential problems involved with allowing floating building 
             envelopes. Read the case study and review the questions that follow. Following the 
             questions is guidance on what needs to be considered.






















             Background
             Greenhorn Ranch consists of approximately 436 acres, divided into a 352-acre parcel 
             and an 84-acre parcel. The property contains several large meadows, riparian areas and 
             forests. The property abuts a national forest and is located in an area where the land 
             trust is working. 
             The landowners approached the land trust with a proposal to place the entire 436 
             acres under conservation easement. In addition to a reserved right for the existing 
             single family residence, the landowners requested the right to convey an equal portion 



                         142       Evaluating and Selecting Conservation Projects



                                                                          C   A   S   E     S   T   U   D   Y



of the property to each of their three daughters, each of whom would also retain the 
right to one subdividable building area. Because the daughters had not determined the 
locations of each residence, the owners asked to keep the final three home-site loca-
tions (building envelopes) and their access roads "floating." 

Site Inspection and Documenting the Conservation Values
Based upon the initial site inspection, the land trust determined that the property 
possessed significant conservation values. Specifically, it identified "relatively natural 
habitat"  and  "open  space"  (scenic)  as  the  property's  likely  conservation  values,  in 
accordance with the IRS's conservation purposes test provisions. The first draft of the 
conservation easement included the following recitals:
    Relatively  Natural  Habitat  [§  1.170A-14(d)(3)].  The  Property  contains 
    meadows,  riparian  areas  and  forests  that  provide  food,  shelter,  breeding 
    ground,  and  migration  corridors  for  several  wildlife  species. The  Property 
    abuts  _______  National  Forest  and  contributes  to  the  ecological  viability 
    of the national forest. The Property provides significant habitat for cougar, 
    elk, mule deer, black bear, coyote, bobcat, and fox as well as numerous small 
    mammals. _______ Creek crosses the Property and contains trout.
    Open  Space  [§  1.170A-14(d)(4)].  The  Property  qualifies  as  open  space 
    because it will be preserved for the scenic enjoyment of the general public 
    and will yield a significant public benefit. 
    Scenic  enjoyment. The  Property  adds  to  the  scenic  character  of  the  local 
    rural landscape in which it lies, contains a harmonious variety of shapes and 
    textures, and provides a degree of openness, contrast and variety to the overall 
    landscape. A large portion of the Property is visually accessible to the general 
    public from both _______ Road and _______ Road and the adjacent ____
    ___ Forest, which are open to and actively utilized by residents of _______ 
    County and the State of Colorado. 
    Significant public benefit. There is a foreseeable trend of intense develop-
    ment in the vicinity of the Property in the near future. The City of _______ 
    lies just 25 miles northeast of the Property, and the Town of _______ lies just 
    5 miles south. There is a strong likelihood that development of the Property 
    would lead to or contribute to degradation of the scenic and natural character 
    of the area. Preservation of the Property will continue to provide an opportu-
    nity for the general public to appreciate its scenic values.





                                                           Site Inspection      143



C   A   S   E     S   T   U   D   Y



             Project Review
             The land trust project review process raised the concern of allowing too much flex-
             ibility in regard to the future building sites and the associated roads. Pursuant to the 
             IRS regulations, the land trust was concerned that the terms of the easement requested 
             by the landowners provided too much flexibility as to the final location of residential 
             and agricultural improvements, and thus might permit a degree of intrusion or future 
             development that would interfere with the essential scenic quality of the land. 
             Land  trust  staff  discussed  this  concern  with  the  landowner.  The  landowner  was 
             adamant that his three daughters did not live in the state, were not familiar with the 
             property and simply did not know where they would like to build in the future. Given 
             the impasse, the land trust suggested trying to create an exhibit map that would depict 
             "no-build" areas that would be off-limits for the improvements rather than depicting 
             the building envelopes. The landowner seemed open to this approach.
             Because the initial site inspection was not conducted with a qualified resource special-
             ist (e.g., a biologist or ecologist), and because the land trust did not feel comfortable 
             evaluating and delineating (using GPS) the unique habitat areas, it decided to conduct 
             a second site visit with the consultant who would be preparing the baseline documen-
             tation report. The goal was to have the consultant, a professional biologist, evaluate 
             the property's natural habitat values and accurately delineate the boundaries of the no-
             build areas. The landowner arranged for his surveyor to be present so that the no-build 
             areas could be depicted on the easement map. (See map on page 142). 
             The results of the second site inspection were mixed. While the resource specialist 
             felt the property contained significant scenic value, he was concerned that the prop-
             erty did not possess "significant habitats and ecosystems, includ[ing], but not limited 
             to, habitats for rare, endangered, or threatened species of animals, fish, or plants," as 
             required by the IRS regulations for this conservation purpose. 
             Based upon the first site inspection, it appeared that the large meadows on the prop-
             erty would be part of the no-build areas and that the forested edges would be the best 
             places to locate future improvements. Based upon the consultant's input, the land 
             trust staff became less concerned with substantiating the natural habitat conservation 
             values (given the lack of significant habitat) and shifted their emphasis to the prop-
             erty's open space conservation values. This increased the land trust's concern about 
             having unspecified locations for future improvements. 
             The land trust spoke to the landowner about these issues and summarized its comments 
             in writing. The highlights of the land trust's letter to the landowner follow:



                         144      Evaluating and Selecting Conservation Projects



                                                                         C   A   S   E     S   T   U   D   Y



    Determining the conservation values of a particular property is partially a 
    subjective process. Internal Revenue Code section 170(h) provides excellent 
    parameters to help determine what may qualify. We try very hard to state 
    explicitly  which  conservation  values  the  easement  is  trying  to  protect  and 
    to ensure that there are consistent, supportive/descriptive statements within 
    both  the  conservation  easement  and  the  Present  Conditions  Report  that 
    substantiate the conservation values. These statements may ultimately be the 
    basis for defending the easement.
    The criteria used to determine if a property possesses "Open Space" conserva-
    tion value is perhaps the most complicated of the list. The regulations recom-
    mend that you consider factors such as: the uniqueness of the property to the 
    area, the existing and potential intensity of land development in the vicinity 
    of the property, the opportunity for the general public to use the property 
    or to appreciate its scenic values, etc. In order for the property to qualify for 
    the scenic enjoyment category, physical access to the property is not neces-
    sary; however, there must be at least visual access to or across the property, 
    and it is important to identify the "park, nature preserve, road, waterbody, 
    trail, or historic land structure or land area" from which the public can see 
    the property. 
    The regulations also state, "A deduction will not be allowed . . . if the terms of 
    the easement permit a degree of intrusion or future development that would 
    interfere with the essential scenic quality of the land . . ." This is the area 
    where we have some concerns with your conservation easement as proposed. 
    Specifically, we are concerned that without a clear understanding of the loca-
    tion  of  the  three  proposed  residences,  the  appurtenant  buildings,  and  the 
    roads and driveways, we cannot adequately respond to whether the degree of 
    intrusion will impair the conservation values. While we have tried to accom-
    modate your wishes of not requiring the building areas to be defined, we 
    must retract our original support for this approach and request that all of the 
    future building envelopes be identified at the time the easement is granted. 
    Initially, we felt that the "no-build area" would ensure the preservation and 
    protection of the conservation values. Unfortunately, we now feel that the 
    current terms of the conservation easement provide too much uncertainty 
    and we are no longer comfortable with this approach.
In the end, the landowner was not willing to designate any of the home-site locations, 
and the project did not move forward.




                                                          Site Inspection     145



C   A   S   E     S   T   U   D   Y



             Discussion Questions
             Guidance for the discussion follows.
                1. Does your site inspection form and process provide enough detail to under-
                     stand the property adequately? Would your current forms have provided you 
                     with enough information about this property to make an informed decision?
                2. Does your site inspection process provide a framework to identify different 
                     types of conservation purposes and values, including those you may not expect 
                     to find on a particular property? Does your site inspection form or process 
                     assist in developing alternative conservation plans for a property? In this case 
                     study, was the landowner's desire to reserve a total of four home sites (one 
                     already in existence; three to be created in the future) inherently inconsistent 
                     with conservation of the property's important values?
                3. Does your site inspection form and process adequately address the Internal 
                     Revenue Code's conservation purposes test? 
                4. The case study demonstrates why floating building envelopes (envelopes that 
                     could be placed anywhere on a property) are inconsistent with land conser-
                     vation. What alternatives might exist that could be discussed during a site 
                     inspection visit?

             Guidance
                1. Consider how your form and process would have worked in this case study. 
                     Would their implementation have resulted in the same outcome? If not, are 
                     there some modifications you might make to your form and/or process to 
                     improve their use in evaluating projects? (Note that the site inspection form 
                     used by Colorado Open Lands has a section for listing other conservation 
                     values.)
                2. The Treasury regulations state that a "deduction will not be allowed if the 
                     contribution would accomplish one of the enumerated conservation purposes 
                     but would permit destruction of other significant conservation interests." In 
                     this case study, do we see conflicting conservation values? A thorough site 
                     inspection would help a land trust sift through this question, and help it 
                     create a project plan (see chapter 4) leading to a conservation easement whose 
                     terms would ensure that different conservation values are protected while 
                     permitting appropriate levels of development. 
                3. As part of its recent audits of conservation easements in Colorado, the IRS 
                     is asking both the landowner/Grantor and the land trust/Grantee "how the 
                     conservation purpose of the easement falls within the examples in IRS require-




                         146      Evaluating and Selecting Conservation Projects



                                                                           C   A   S   E     S   T   U   D   Y



      ment 1.170A-14(d)(3) for habitats and ecosystems." The IRS is also asking for 
      "evidence of the existence of rare, endangered or threatened species of animals 
      and fish." In addition, the 2006 revised IRS Form 8283 requires every donor 
      (landowner) to attach a statement identifying the conservation purposes 
      addressed by the conservation easement. Each land trust's staff and board need 
      to be aware of the requirements of the Internal Revenue Code's conservation 
      purposes test and should be careful to evaluate and document how each proj-
      ect meets the test. 
  4. If landowners are unable or unwilling to identify permanent building enve-
      lope locations in the conservation easement, a land trust may not be able to 
      satisfy the requirements of the Treasury regulations governing conservation 
      easements, as demonstrated by this case study. Rather than declining such a 
      project, there are at least three techniques land trusts use to address this not 
      uncommon challenge: 
       *    Land trusts might identify no-build zones where the home sites or other 
            building sites cannot be located in order to protect identified conservation 
            values (although the case study demonstrates that this technique may not 
            be appropriate for projects intended to qualify under the "open space" con-
            servation purposes test). 
       *    Another method some land trusts use is to identify twice as many enve-
            lopes as the landowner ultimately is permitted to choose (in the case study 
            the number would be six) and permit the landowner to choose the permit-
            ted number of sites (e.g., up to three, as in the case study) from among the 
            pre-identified envelopes when he or she is ready to build. 
       *    A final method might be to identify a larger area within which a specific 
            building envelope would ultimately be located. For example, a land trust 
            might identify a 10-acre area within which a landowner could choose a 
            rectangular, two-acre building envelope. The remaining eight acres would 
            then be permanently dedicated to non-development uses.

Conclusion
While the entire review process took several months and was somewhat challenging 
for the land trust and landowner, this case study highlights the importance of being 
detailed and deliberate in conducting site inspections and documenting the proper-
ty's conservation values. This case study also highlights the importance of bringing in 
additional expertise when warranted. 





                                                         Site Inspection        147



       Additional Resources
       Doing Deals: A Guide to Buying Land for Conservation by the Trust for 
       Public Land (Land Trust Alliance and Trust for Public Land, 1995).
       U.S. Geological Survey (www.usgs.gov/)
       U.S. Natural Resources Conservation Service Soil Survey (http://soils.
       usda.gov/survey/)
       The  Learning  Center's  digital  library,  specifically  Practice  9C, 
       Environmental  Due  Diligence  for  Hazardous  Materials,  for  materials 
       and additional forms related to site inspections for hazardous waste.

       Sample Documents
       Land Acquisition Information Sheet: Society for the Protection of New 
       Hampshire  Forests  (page  149) This  form  is  used  by  the  Society  both 
       as a site inspection form and as a written project plan (see chapter 4). 
  It  includes  room  for  detailed  descriptions  of  the  land  and  its  natural 
       resources (particularly the condition of the forestland), and the landown-
       er's objectives.
       Site Evaluation Form - Conservation Easement: Colorado Open Lands  
       Project  Information  Sheet  (page  154)  The  purpose  of  this  form  is  to 
       assemble the information needed to complete this land preservation proj-
       ect. This  can  be  used  during  preliminary  site  visits  and  conversations 
       with the landowner, and will help with the completion of COL's Project 
  Selection Criteria Form (see Sample Documents, chapter 1).
  Hazardous Waste  Assessment  Form:  The  Nature  Conservancy  Environ-
  mental Assessment Form (page 156) The Nature Conservancy's compre-
       hensive form can be used by any land trust personnel to identify potential 
  hazardous waste issues on a prospective conservation property (whether 
  fee or easement). No specific expertise is necessary to complete most of 
  the form.
  Also see the project planning template in chapter 4.











148        Evaluating and Selecting Conservation Projects



                                                                               Land Acquisition Information Sheet

         Society for the Protection of New Hampshire Forests
                           Land Acquisition Information Sheet

Property Name:  

     1.  Grantor(s): 
           Town                                                County 
           Acres                  Determined by:     Survey     Tax Map     Deed     Estimate
           Other: 
ABSTRACT: 



PURPOSE:    Pre-Acquisition      Land Value Transfer      Permanent Ownership

METHOD OF ACQUISITION:       Gift       Purchase       Bargain Sale       
                                      Land Swap/Trade       Bequest

Completed by                                                   Date 
Grantor's Address:                                             Phone (       ) 
 Grantor's Agent:                                              Phone (       ) 
Agent's Address: 
            
Other Contacts (Resource Consultants, etc): 



SPNHF Deed: Book #               Page #           Tax Map #           Block #           Lot # 

Date of Deed:                   Well-defined description  Title work necessary

Known encumbrances: 


     2.   DONOR OBJECTIVES: 

     3.  LAND USE RESTRICTIONS:





                                                                  Site Inspection        149



Land Acquisition Information Sheet


                          4.  SPECIAL AGREEMENTS W/DONOR(S), ABUTTERS, OR COOPERATING AGENCIES:
                          5.  EASEMENT HOLDER: 
                          6.  SUPPORTING DOCUMENTATION IN FILE: Granite Map #__________  Survey 
                             Map Type Map (Soils Map)  Other Maps                   Photographs           Other 
                          7.  GENERAL PROPERTY INFORMATION
                               A. Land/Water Types occurring on property. (Acreages / % of total for each)
                               Forest (operable                /                    Natural Pond/Lake                    / 
                               Forest (inoperable)             /                    Man-Made Pond/Lake                   / 
                               Hay Field                       /                    Bog                                  / 
                               Cultivated                      /                    Stream/River                         / 
                               Pasture                         /                    Other Wetland                        / 
                               Ledge                           / 
                               Other                           / 
                               B. Soil Types Describe common soil types; indicate predominance:

                               C. Locale Near other SPNHF, government, or privately protected lands:
                               Tract Name               Type                  Grantee          Town             Acres
                                                    (CE-G, CE-E, Fee)

                               Is the area part of a larger similar area under protection/needing protection: 
                                    Yes     No
                               D. Access/Frontage
                               feet/miles frontage on:                    maintained public road 
                                                                          unmaintained public road (Class VI)
                                                                          private road
                               feet/miles of interior woods roads:                  condition: 
                               feet/miles frontage on:  pond  lake                  river
                               Landlocked parcel w/r-o-w via (public road/waterbody): 
                               Public Access Permitted?    Yes            No
                               E. Boundaries:      corners monumented        well defined       surveyed  
                                                         able to be located             need improvement
                                                     not defined
                                                    Comments: 

                               F.  History:  Past disturbances: storms, fire, infestation, etc.
                               Non-forestry Land uses: farming, grazing, mining, etc.




                                    150    Evaluating and Selecting Conservation Projects



                                                                              Land Acquisition Information Sheet


             G.  Wildlife: List species (or groups of species) likely to be found given  
                  habitat conditions; note rare, threatened, or endangered wildlife species:
             H. Unique/Outstanding plants/aquatic, geologic, scenic or other physical                        
                 features/historical, archaeological or cultural significance; note rare,  
                 threatened, or endangered plant species.

             I. Listed as a Natural Area, Scenic Road, Prime Wetland, Historic or Geologic  
                Landmark? If so, explain:

      8.  BUILDING INFORMATION
             A. Type/Size/Condition/Location/Present Use: 

             B. Potential Uses: 

             C. Other Comments: 

      9.  FOREST RESOURCE INFORMATION: 
                                           Good                                   Poor
             A. Site Productivity          1        2        3          4             5
             B. Relative Stocking          1        2        3          4             5
             C. Relative Tree Quality      1        2        3          4             5
             D. Is the land large enough to facilitate regular scheduling of TSI and periodic    
                 harvests by itself/with other adjacent SPNHF lands?                  Yes            No
             E. Is the area part of a larger similar area under protection/needing protection?   
                                                                                      Yes            No
             F.  Do unproductive portions of the land contain features or qualities that may  
                 enhance other SPNHF objectives?                                      Yes            No
             G. Does the land contain stands that: are in productive condition/ 
                 can be put into productive condition with reasonable cost within  
                 reasonable time?                                                     Yes            No
             H. Does the land offer potential for demonstration of forest management  
                 techniques?                                                          Yes            No      
                 EXPLAIN:
             I. Describe Forest Types, approximate acres, tree species, age classes,  
                total volume, lst thinning value, anticipated timing, management history;  
                certified Tree Farm?:
             J. Other Comments:




                                                                   Site Inspection            151



Land Acquisition Information Sheet


                          10.  AGRICULTURAL RESOURCE INFORMATION
                               A. The land is/is not currently farmed by 
                               B. Current/potential crops: 
                               C. What arrangements could be made to farm the land? 

                          11.  VALUES, TAX STATUS, ACQUISITION COSTS:
                               A.   None       Some      All      of the land is under Current Use Assessment
                               B. Total Assessed Value: $                   Buildings $                 Land $ 
                                   Annual Taxes: $                               Buildings $                 Land $ 
                               C. Appraisal in file?            Yes                   No
                                  Appraised Fair Market Value:             $ 
                                  Appraiser:                                        Date of Appraisal: 
                               D. SPNHF's Purchase Price: $                     Source of Funds 

                          12.  COMMENTS REGARDING POTENTIAL INCOME: 

                          13.  COMMENTS REGARDING ANTICIPATED EXPENSES:

                          14.  SUGGESTED LAND STEWARD:
                               NAME: 
                               ADDRESS: 
                               TEL: 

                          15.  EDUCATION AND PUBLIC USE:
                               What are the land's prime educational features? (marshland,  
                               cellar holes, exemplary woodlot, etc.)

                               What are the land's prime public use/recreation features? (lake frontage,  
                               hiking or ski trails, viewpoints, etc.)

                               List any educational facilities or activities that are consistent with property,  
                               considering donor's interest, SPNHF objectives, and the potential of the land.

                               Which of the following public uses are consistent with the site and donor  
                               interests?      hiking      camping      hunting      fishing      picnic area
                                                   parking area      boating      other 




                                 152      Evaluating and Selecting Conservation Projects



                                              Land Acquisition Information Sheet


POTENTIAL EDUCATIONAL PARTNERS:
Nearest elementary school 
Nearest high school          
Potential college users 
Local organizations          

DIRECTIONS FOR LANDS MAP:

OTHER COMMENTS:


































                                   Site Inspection    153



Site Evaluation Form - Conservation Easement

                                                 Colorado Open Lands 
                                              Project Information Sheet

                   Name of Project: ___________________________________________________

                   Contact Information: 
                   Name(s): _________________________________________________________
                   Address: _________________________________________________________
                   Phone Number: ____________________________________________________
                   Email Address: _____________________________________________________

                   Physical Address of the Property: ______________________________________  

                   Proposed Transaction Type
                   ____ Conservation Easement: Donated or Bargain Sale ____________
                   ____ Deed Restriction         ____ Fee Acquisition
                   ____ Land Donation            ____ Land Trade
                   ____ Land Transfer            ____ Land Exchange
                   ____ Limited Development  ____ Other: _________________________________   

                   Financial Information
                   Is it necessary to find funding for this project? If so, what are the anticipated sources?
                   ________________________________________________________________
                   ________________________________________________________________

                   Landowner Goals  __________________________________________________
                   ________________________________________________________________  

                   Property Information
                   Total Number of Acres: _______________________________________________   
                   Acres in Project: _______   County: _____________________________________  

                   Directions to the Property:  ____________________________________________
                   ________________________________________________________________

                   Current zoning: _____________________________________________________

                   General description of property:  ________________________________________
                   ________________________________________________________________  





                              154    Evaluating and Selecting Conservation Projects



                                                Site Evaluation Form - Conservation Easement


Current land use: ___________________________________________________
________________________________________________________________

Past land use: _____________________________________________________
________________________________________________________________

Surrounding land uses: _______________________________________________
________________________________________________________________  

Current Property Improvements:  ________________________________________
________________________________________________________________

Proposed Property Improvements: _______________________________________
________________________________________________________________

Resource Management: Describe any of the following resources that apply and how the 
landowner wishes to address them. Note whether a management plan would be necessary.

Agriculture:  _______________________________________________________
________________________________________________________________

Timber: __________________________________________________________
________________________________________________________________

Mining, Oil, Gas, and Geothermal Resources: _______________________________
________________________________________________________________

Recreation: _______________________________________________________
________________________________________________________________

Water Features, including water rights: ____________________________________
________________________________________________________________

Conservation Values: Based upon the above information, describe potential conserva-
tion values.
________________________________________________________________
________________________________________________________________

Additional Information: ______________________________________________
________________________________________________________________
________________________________________________________________



                                                      Site Inspection    155



Hazardous Waste Assessment Form

                                              The Nature Conservancy  
                                       Environmental Assessment Form

                  SITE/TRACT: _______________________________________________________

                  COUNTY/STATE: ____________________________________________________

                  PREPARED BY: _____________________________________________________
                  DATE:  ___________________________________________________________

                  POLICY: Conservancy policy requires an environmental assessment, or audit, on every 
                  tract of land the Conservancy is proposing to acquire. In some situations, an assessment 
                  may also be required before the Conservancy transfers land it owns. The scope of each 
                  assessment may vary depending on the circumstances but, at a minimum, an assess-
                  ment must include a physical inspection of the property and an appropriate inquiry into 
                  the historic uses of the property. Surrounding areas which could have an impact on the 
                  property in which the Conservancy is interested should be considered in the assessment 
                  as well. The assessment should be conducted by a Conservancy staff member whenever 
                  possible or, if necessary and if in accordance with Conservancy policy, by another knowl-
                  edgeable individual under Conservancy supervision. The assessment should be reviewed 
                  by the Conservancy staff responsible for the project and by the Conservancy attorney 
                  assigned to the project.

                  ASSESSMENT FORM: This environmental assessment form must be completed to 
                  document your evaluation of the property. Please complete the form as fully as possible 
                  using "don't know" or "not applicable" as appropriate for questions you cannot answer. 
                  Identify the source of specific information throughout the form whenever appropriate. Add 
                  additional pages/information where necessary. This form must be signed by the preparer 
                  and the reviewer. The original of this form (with attachments) should be submitted to the 
                  regional office with the project package.

                  IMPORTANT REMINDER: Never place yourself in any situation which you believe may be 
                  dangerous to your own health or safety. If you have any concerns about a particular site 
                  for any reason, contact the Conservancy attorney assigned to the project immediately.
                  OVERALL ASSESSMENT:
                  1. Listed below are some sources of information which you might consult in conducting 
                  this assessment. Please check those you actually relied on.

                  ____ Interviews with owner
                  ____ Interviews with others identify:   ____________________________________
                        Interviews with fire, health, building, land use or environmental  
                        officials-identify:  ______________________________________________
                  ____ Aerial photos - current
                  ____ Aerial photos - historical (give years of photos)
                  ____ Topographic maps



                             156    Evaluating and Selecting Conservation Projects



                                                                         Hazardous Waste Assessment Form


____ Neighborhood zoning maps/land use maps
____ Chain of title history
____ Title report
____ Building specifications/plans
____ CERCLIS list (date of list _________)
____ National Priorities list (date of list _________)
____ Federal Facilities list (date of list _________)
____ State superfund or similar list (date of list _________)
____ Other government records-identify: _________________________________

Previous environmental assessments-identify: ______________________________
________________________________________________________________
________________________________________________________________

Other-specify: _____________________________________________________
________________________________________________________________
________________________________________________________________

2. Describe your visit(s) and how you inspected the property (e.g., walked perimeter, 
entered buildings, drove all passable roads, flew over interior).

Number of visits:___ Date/Time Inspected_________
Identify all persons present during visits (including owner, TNC staff, others):

3. Attach a sketch of the property covered by this assessment (and adjacent property, if 
appropriate). Use the sheet included at the end of this form if that is helpful or any other 
useful map. Show any bodies of water, swamps, wetlands, wells, improvements, struc-
tures, man-made features and any areas of concern noted in this assessment. Identify 
those areas that you physically inspected (e.g., paths walked, roads driven, etc.)
 Take pictures of the property (particularly of any problem areas) and include them with 
this form.

PROPERTY HISTORY/USE:
1. List all known historical and current uses of the property (e.g., agricultural, manufac-
turing, undeveloped land, etc.). Identify all known owners/operators. Include dates/time 
periods as appropriate.

2. List all known historical and current uses of adjacent properties which might have an 
impact on this property. Again, include dates/time periods as appropriate.

3. List all buildings/structures on the property and their uses.




                                                            Site Inspection         157



Hazardous Waste Assessment Form


                  GENERAL PROPERTY CONDITION: 
                  When visiting the property, did you observe any:

                       Distressed vegetation or any areas that are bare for no apparent reason?
                       Unusual odors?
                       Stains (unusual or around areas where chemicals are stored/used)?
                       Evidence of dumping?
                       Trash or other debris?
                       Drains?
                       Any unusual depressions or mounds?
                       Are there any sheens or unusual colors on the surface of any water bodies?
                       Piping/vents for underground storage tanks?
                       Other areas of concern?
                       Comment on any yes answers above and locate those areas on the property sketch.

                  DRUMS: 
                  Are there any storage drums on the property? If yes, locate them on the sketch and 
                  indicate:
                   a. Are they empty?
                   b. What is/was in the drums?
                   c. Any evidence of leaking?
                   d. Will the drums need to be removed?
                   e. Describe the area around the drums.

                  TRANSFORMERS: 
                  Are there any transformers (pole-mounted or pad-mounted) located at the property? If 
                  so, indicate:
                   a. The types of the devices and who owns them.
                   b. Are they labeled as containing PCBs or being PCB free?
                   c. Is there any evidence of leaking or damage?

                  TANKS/WELLS: 
                  Are there (or were there) any above or below ground storage tanks on the property? If 
                  yes, locate each tank on the sketch and indicate:
                  a. Is the tank above ground or underground? Its age ____ size ____
                  What was/is stored in the tank? ___________________________

                  Are there any ditches, pits, ponds, lagoons, clarifiers, oil/water separators, surface 
                  impoundments, or sumps on the property? If so, describe how are they used and what 
                  they contain.




                               158    Evaluating and Selecting Conservation Projects



                                                                           Hazardous Waste Assessment Form


b. Is the tank still there? If not, obtain details on removal. 
____Yes ____No ____Don't Know 
c. Have any permits been obtained for the tank? If yes, review permits. 
____Yes ____No ____Don't Know
d. Has the tank and associated piping ever been tested? If yes, attach results. 
____Yes ____No ____Don't Know
e. Describe the area around the tanks. Identify any evidence of leaking or spilling. 
____Yes ____No ____Don't Know

Does the property contain any septic tanks or fields? If yes, locate on the sketch and 
indicate:
a. Are they in use or abandoned?
b. Did they receive any industrial materials? If yes, discuss.
    Are there any wells on the property? If so, locate on sketch and indicate:
             a. What type of well is it? How is it used?
             b. Are the wells in use or abandoned?
             c. Are the wells locked or protected?
             d. Has the well water ever been tested? If yes, attach results:
             e. Have there been any complaints about the quality of the water or flow rate?
                 If yes, discuss.

MINERAL/PETROLEUM OPERATIONS: Have there ever been any oil or gas wells or other 
mining activities on the property? If yes, locate these operations on sketch and indicate:
a. The type of operations on the property. Where were the wastes from such operations  
    disposed of?
b. Are there any oil or gas pipelines?
    Has the pipeline leaked? If yes, give details.
c. Identify the owner/operator of any well, mine or pipeline.

RADON: Has a radon test been performed in any building at the property? If yes, attach 
results.

ASBESTOS: Is there any evidence of materials that are likely to contain asbestos? (Check 
roof, exterior, pipe coverings, spray-on fire proofing, cement sheet.) If so, describe the 
types, amounts and condition of materials (intact or deteriorating).

FILL/GRADING: Has fill ever been brought on the property? If so, indicate where it was 
placed and when and where it came from. ____Yes ____No ____Don't Know

Has there been any grading or disturbance to the soil? If so, indicate why.  
____Yes ____No ____Don't Know


                                                              Site Inspection     159



Hazardous Waste Assessment Form


                  CHEMICALS/WASTE DISPOSAL SPILLS: Have any chemicals been used on the prop-
                  erty? (Consider "chemicals" to mean industrial materials and such products as cleaning 
                  compounds, lubricating agents, greases, oils, heating fluids, gasoline, pesticides, herbi-
                  cides, fertilizers, metals.) If so. indicate the types of chemicals, how they were used, and 
                  where and how they were stored. 
                  ____Yes ____No ____Don't Know

                  Has the property ever contained any areas used to dispose of waste? If so, check below 
                  the kinds of materials disposed and identify the method of disposal (e.g., burning, 
                  discharge to water body, dump, land farming, landfill, recycled, settling ponds, surface 
                  impoundment, etc.).
                  ____Yes ____No ____Don't Know

                  Method of Disposal
                  ___ Appliances __________
                  ___ Asbestos __________
                  ___ Automobiles __________
                  ___ Chemicals __________
                  ___ Construction debris __________ 
                  ___ Garbage (food wastes) __________
                  ___ Household trash __________
                  ___ Incinerator ash __________ 
                  ___ Industrial wastes (identify type) __________
                  ___ Mining wastes __________
                  ___ Pesticide or herbicide containers __________
                  ___ Pesticides or herbicides __________
                  ___ Petroleum products __________
                  ___ Sewage sludge __________
                  ___ Tires __________
                  ___ Other (identify:.__________) __________

                  Locate these activities on the property sketch.
                  How long were these activities conducted?

                  Has there ever been a chemical spill or leak on this property? If yes, indicate what was 
                  spilled, where it was spilled, how much was spilled and what actions were taken in 
                  response.

                  Have there been any chemical spills or leaks on adjacent property or in the surrounding 
                  area? If yes, discuss.

                  STUDIES/RECORDS/ENFORCEMENT:
                  Have any previous environmental assessments/tests/samplings/impact statements been 
                  conducted for the property? If so, attach copies.




                               160    Evaluating and Selecting Conservation Projects



                                                                          Hazardous Waste Assessment Form


Has the current owner had any communications with any government agency concerning 
environmental conditions on the property? If yes, explain.

Have any government officials ever investigated, cited, or been involved with any violations 
of any environmental law at this property or on property in the immediate vicinity? If yes, 
explain.

Does this property or any property within one-half mile appear on any list of "problem" 
sites that is maintained by any environmental agency? If yes, explain.

SUMMARY:
Summarize the overall condition of the property and your conclusions/recommendations 
regarding the property.

__________________________________________       ________________
Signature of Preparer                                            Date



__________________________________________       ________________
Signature of Reviewer                                            Date






















                                                            Site Inspection    161



  Check Your Progress
  Before continuing on to the next chapter, check that you can:
            Explain the important elements of a site inspection, including 
              how to: 
         *     Determine if the property meets the land trust's written selec-
               tion criteria;
         *     Identify and document conservation values; 
         *     Identify boundaries; 
         *     Evaluate current and past activities on the land and on rel-
               evant adjacent lands, including any potential for hazardous 
               waste; 
         *     Identify threats to the conservation values and/or safety haz-
               ards, public use or encroachment areas, management prob-
               lems, or other threats; 
         *     Conduct research on the property via maps, Natural Heritage 
               Inventory data and other sources; and
         *     Gather any other information relative to the conservation of 
               the land;
            Use the tools provided in this course to create a site inspection 
              form;
            Determine when additional site inspections, inventories or stud-
              ies might be warranted;
            Explain what should happen at the land trust once the site 
              inspection is completed, where the information goes, who evalu-
              ates it, and who makes the next decision;
            Describe how data obtained at the initial site inspection can be 
              used for future baseline document reports or management plans; 
              and
            Document the site inspection and keep inspection records.












162    Evaluating and Selecting Conservation Projects



Notes







































         Site Inspection    163






                                    Chapter Four · Project Planning


Practice 8G: Project Planning
All land and easement projects are individually planned so that the property's important conserva-
tion values are identified and protected, the project furthers the land trust's mission and goals, and 
the project reflects the capacity of the organization to meet future stewardship obligations. 
This practice calls for each project to be tailored to the specifics of the property through some form 
of project planning. The process may take the form of an actual project plan, a completed project 
planning data sheet, or may be reflected in the correspondence, maps or other documents related to 
the project. The formal or informal project plan becomes the guide for the next steps in the protec-
tion process. The planning documentation becomes particularly important when there is more 
than one person working on the project. The project plan or data sheets prepared by the land trust 
representative evaluating the property, for instance, can be essential for the attorney drafting the 
conservation easement. Initial project planning should evaluate the conservation values and protec-
tion strategies against the land trust's mission and capacity. Project planning should also include the 
identification of the conservation values and the potential threats that could significantly impair 
those values (threats may vary by geographic region and land trust mission). In addition, project 
plans should evaluate the land trust's and landowner's goals for the project, and then devise protec-
tion strategies accordingly.
               - From the Background to the 2004 revisions of Land Trust Standards and Practices


Learning Objectives
As a result of studying this chapter, you should be able to:

    * Develop an evaluation process for land conservation projects that 
      is consistent and systematic, relating to the organization's mission, 
      goals and capacity;
    * Understand the link between project planning, project negotiation 
      and landowner education;
    * Affirm  and  summarize  how  the  project  meets  the  land  trust's 
      mission and goals, and public benefit test;
    * Utilize the site inspection information as part of the project plan-
      ning process, including developing a clear sense of the property's 
      conservation values;



           * Create  and  identify  systems,  a  series  of  questions,  and  tools  that 
              help  evaluate  possible  immediate  and  long-term  threats  and/or 
              opportunities to the conservation values;
           * Consider various conservation planning tools, relate them to your 
              land trust's goals and organizational capacity, and confirm the most 
              appropriate conservation strategy for the property;
           * Evaluate  the  land  trust's  capacity  to  undertake  the  project  and 
              fulfill any long-term stewardship obligations; and
           * Provide  a  written  summary  or  plan  regarding  the  land  trust's 
              conservation  priorities  on  an  individual  project  that  will  clearly 
              inform  the  conservation  easement  drafting  or  land  acquisition 
              process, and document key questions and decisions.

  Summary
  Project  planning  builds  on  the  project  selection  process.  It  consists  of 
       synthesizing  all  of  the  information  gathered  by  the  land  trust  about  a 
  particular potential conservation project into an evaluative process, involv-
  ing a partnership with the landowner, to comprehend, identify and priori-
  tize the conservation values in need of protection on an individual parcel 
  of land. The purpose of project planning is to use the information gathered 
  by the land trust through its project selection process to craft a fee acquisi-
  tion or conservation easement that will protect the identified conservation 
  values while meeting the landowner's goals for the future of the property. 
       Most land trusts intuitively create a project plan for each of their land 
       conservation projects, but they either do not recognize it as such, or call 
       the process and its result by a different name. Practice 8G is not a new step 
       in the land conservation process. It emphasizes the importance of evaluat-
  ing all the information gathered about a potential project and using the 
  synthesis of this information to guide the negotiation and drafting of the 
  terms of the conservation easement or the components of a fee acquisition 
  project in order to ensure the expected conservation results are achieved. 
  The project planning process brings together all the elements discussed in 
  chapters 1, 2 and 3. It involves a willingness to understand the landscape 
  and the landowner's goals through a thorough site inspection process, 
  including landowner interviews and research into the property's history 
  and its conservation values. It involves applying the land trust's selection 
  criteria. Finally, it involves asking, What are the most important conser-
  vation goals of the project? The answer to this question will guide the 
  development of the project plan.
  A land trust's conservation projects reflect the needs of the organization's 
  constituency,  its  mission  and  its  strategic  planning  goals.  Land  trusts 



166        Evaluating and Selecting Conservation Projects        



select projects based upon their written project selection criteria. For the 
most part, these selection criteria involve general questions that enable 
the land trust to screen for project appropriateness, rather than a specific 
analysis of the landowner and land trust's goals and how they may best be 
achieved. The latter is the object of a project plan.
Project planning involves evaluating a property to identify the impor-
tant resources for protection, understanding the landowner's conserva-
tion goals and desired future uses of the land, and creating a plan that 
best meets the needs of the land trust, the landowner and the land itself. 
Creating such a project plan is necessary before negotiations can conclude 
for the acquisition of the fee interest in the land or a conservation ease-
ment, so that all parties to the transaction are clear about the project's 
conservation objectives.
Every  organization  should  clarify  the  depth  of  knowledge  it  needs  to 
conduct this planning process, based on the complexity of its conserva-
tion program and goals. For some, this will mean "in-house" staff or regu-
lar volunteers who possess the knowledge and time required to develop a 
plan will be tasked with its creation. Land trusts that engage in complex 
conservation transactions and do not have the capacity to prepare a proj-
ect  plan  in-house  may  need  to  obtain  outside  assistance.  In  addition, 
because the land and its uses are continually changing, project planners 
benefit from skills in site interpretation and active listening, and should 
understand how to transform their ideas into land protection strategies 
that can withstand the test of time.
A project plan can take many forms, and no one particular format is 
required in order for a land trust to be consistent with Practice 8G. It 
is  simply  important  that  land  trusts  understand  that  project  planning 
ensures  a  comprehensive,  integrated  thought  process  for  each  parcel 
of land by tailoring each project to the specifics of the property. This 
requires  that  the  land  trust  have  processes  and  procedures  in  place  to 
create the project plan.

Different Organizations, Different Project Plans
Each  organization  has  its  own  mission,  conservation  philosophy  and 
mechanisms for achieving its conservation goals. These allow the orga-
nization to establish consistency in its land protection efforts, which in 
turn helps inform the public of the organization's identity. 
When  developing  your  land  trust's  overall  conservation  philosophy  and 
land protection strategies, you need to consider the organization's imme-
diate  and  long-term  stewardship  capacity,  as  well  as  which  conservation 



                                                         Project Planning        167



  techniques will best protect those resources you most desire to conserve. 
  This process must necessarily consider the cost of these different conserva-
  tion tools and techniques as they relate to your organizational capacity, your 
       ability to defend the conservation resources over time, and the likelihood 
       of successfully achieving your land protection goals. A land trust's overall 
  conservation philosophy and its strategies create the framework from which 
  you select the appropriate tools to conserve a property's important natural or 
  cultural resources. Therefore, each organization will develop its own process 
       and desired "product" to meet the project planning practice. 
  For example, if an organization's conservation goals for a property include 
  habitat  restoration,  the  land  trust  will  need  to  consider  the  condition 
  of the existing habitat (presence of exotic species, erosion, cover types, 
       water or lack of water, etc.). Through its project planning process, the 
       land trust will need to prioritize and evaluate how much restoration work 
       is required and what the organization can appropriately take on given 
       the scope of the project (easement or fee acquisition), the land trust's 
  mission, and its long-term capacity.
  Another organization, whose emphasis is on farmland protection, might 
       focus on soil quality, field patterns, water availability, road frontage, farm-
  land viability issues, and the possibility of residential conflicts/encroach-
  ment. Here, the land trust's project plan will likely revolve around issues 
  concerning land fragmentation, placement of any reserved house sites as 
       they affect future agricultural production, the need for additional agricul-
  tural structures, and the relationship between cultivated land and other 
       "supporting lands" (woodlands, wetlands, and so forth).
       By creating a project plan for every conservation project, a land trust will 
       better ensure its long-term conservation goals for a particular property can 
  be met, given its capacity, the landowner's goals and any potential threats 
       that could significantly impair the property's conservation values.

  Organizational Assessment 
  Conduct a quick assessment of your land trust's existing project planning 
       process giving your organization one point for every "yes" answer. Scores 
  are shown at the end.
          1.  Does your land trust review the data obtained in the project 
             selection process to determine if it needs any additional informa-
             tion prior to creating the project plan?
          2.  When your land trust's representative meets with landowners, 
             does he or she discuss the overall significance of their land within 
             the context of the organization's conservation programs?



168        Evaluating and Selecting Conservation Projects        



 3.  Does your land trust's representative review maps, aerial photo-
    graphs, and the like with landowners in order to understand the 
    property in the context of your land trust's larger conservation 
    vision?
 4.  Does your land trust's representative discuss the important 
    conservation features on the land with the landowner, and listen 
    to what the landowner feels are most important?
 5.  Does your land trust's representative walk the property with the 
    landowner to gain clarity on what portions of the property the 
    landowner cares most about, and why?
 6.  Does your land trust use its site visits as an opportunity to 
    educate the landowner about the land trust's long-term steward-
    ship capacity, and explain to the landowner how the property can 
    best be protected? 
 7.  Does your land trust assess if acquiring a specific property will 
    require changes from its standard project planning processes or, 
    for conservation easements, its template easement document?
 8.  Does your land trust regularly assess the long-term stewardship 
    and administrative costs associated with the project plan and 
    subsequent conservation easement or fee acquisition?
 9.  Does your land trust consider and help the landowner evalu-
    ate the immediate and long-term resources needed by the land-
    owner to implement the project plan? (For example, any property 
    boundary surveys, biological surveys, timber harvest plans, site 
    clean-up, etc. that may be required as part of the project.) 
 10.  Does your land trust consider the existing or possible future uses 
    of surrounding properties as part of its project planning process?
 11.  Has your organization prioritized its conservation goals and tech-
    niques and provided the landowner with clear guidance as to 
    what types of restrictions and/or permitted uses it will accept for 
    any conservation project?
 12.  Does your organization periodically review its protection strate-
    gies and update these based on the land trust's conservation goals 
    and capacity?
 13.  Does your land trust periodically review its project selection 
    process and criteria to ensure they clearly identify those projects 
    that your organization wishes to conserve? (It is important to note 
    that the project planning process builds on the project selection 
    process to guide the next steps in the protection of the property.)






                                                     Project Planning        169



       If you/your organization scores:
          11­13:  Great! This course will help you consider possibilities to 
                    refine your planning process, but you are well on your way to 
                    excellence. Share your expertise with your colleagues by send-
                    ing your sample forms to the Land Trust Alliance.
           8­10:  Very good. You may find that you can improve your project 
                    planning process to build stronger landowner relationships, 
                    clarify your stewardship responsibilities, and ensure that the 
                    landowner's and land trust's goals are met.
           5­7:  Your instincts are good, and you will likely benefit from 
                    better incorporating your project planning process into your 
                    overall conservation program (project selection/criteria, site 
                    visits, planning, and drafting conservation easements or 
                    acquiring fee land).
           0­4:  It is time to adopt processes and procedures that will ensure 
                    your conservation programs are successful over the long-term. 
                    Project planning is a process based on strategic negotiation 
                    and land assessment skills, as related to your organization's 
                    goals, philosophy and capacity.

       Creating the Project Plan

       What Constitutes a Project Plan?
       Different  organizations  have  found  different  mechanisms  for  creating 
       project plans. The process may take the form of an actual narrative plan, 
       a completed project data sheet, a memorandum prepared by land trust 
       staff or volunteers, detailed minutes of project staff or project commit-
       tee meetings, or may be reflected in the correspondence, maps or other 
  documents related to the project. The universal thread is the underlying 
  thinking, evaluation and analysis that support the plan. Each organiza-
       tion should develop a consistent format to compile and present the infor-
       mation they have gleaned about the property during the project planning 
       process. 
       Project plans may consist of a property map, a checklist, memoranda, 
       and detailed minutes of project consideration meetings.

       A Property Map, with Supplementary Information
       This map should depict the important characteristics of the property and 
  identify any special "use zones" as defined by the conservation easement 
  or, for fee ownerships, the land management plan (see the sample docu-
       ments at the end of this chapter for examples). For conservation ease-



170        Evaluating and Selecting Conservation Projects        



ment projects, this map may later become, or inform the creation of, 
the  baseline  map.  (For  more  on  creating  baseline  documentation  and 
baseline  maps,  see  Land  Trust  Standards  and  Practices,  Practice  11B, 
Baseline  Documentation  Report,  and  the  Land  Trust  Alliance  course 
"Conservation Easement Drafting and Documentation.")
The challenge is to keep the property map simple enough so that people 
unfamiliar with the project will be able to understand the project plan 
and, therefore, the proposed conservation easement or fee acquisition. 
Through the property map, the project plan illustrates the key aspects of 
the property that the landowner and land trust are striving to conserve 
- forever. 
When creating the property map, avoid the tendency to "pile" all resources 
onto one map, resulting in a document that contains too much informa-
tion for people to understand easily. It is more effective to create a prop-
erty map that notes the land's key "use zones" and special features, with 
supporting references (such as topographic lines, woodland margins and 
boundary lines) so that the landowner and the land trust can easily orient 
themselves  to  the  property.  Roads,  buildings,  stone  walls,  and  other 
manmade and natural physical features should also be included. These 
maps need to be created to a known scale; drawn by hand or with the aid 
of computer mapping.
Supplementary  information  can  include  supporting  natural  resource 
materials and/or other data (such as viewsheds, soils, and so forth) that 
clarify your decisions as to how the land will be protected. These mate-
rials can be attached to the property map as part of the project plan. 
Frequently, this is information that you have already compiled as part of 
the site inspection or project selection process. You should also append 
written documentation of your conversations with the landowner, the 
overall conservation goals and future consistent uses that are proposed 
for the property. 

Checklist 
Some organizations document the project planning process by creating a 
checklist of issues to be addressed (see the Maine Coast Heritage Trust's 
Conservation Data Planning Sheet in Sample Documents on page 201). 
This technique is particularly helpful if the person working on the proj-
ect and negotiating with the landowner is not the same person draft-
ing the conservation easement or negotiating the fee acquisition. In this 
case, the checklist constitutes the project plan, and is a compilation of 
the natural resource analysis and the conversations with the landowner. 
Another version of this type of project plan is to use the checklist initially, 


                                                        Project Planning       171



       and then take one additional step and create a formal document that 
       serves as a project plan, as the Maine Coast Heritage Trust does. 
       This technique of using a checklist as a project plan is also helpful if 
       more than one person is working on the same project over the course of 
       one or more years. Again, you should append supporting maps, letters, 
       references,  and  other  documentation  relating  to  the  property's  impor-
       tant natural resources. These materials should become part of the project 
       file.

       Memorandum
       Some  organizations  have  found  that  a  detailed  memorandum  to  the 
  board,  committee  or  person  who  oversees  the  land  trust's  protection 
  program - or a memorandum to the file - is an effective method for 
       documenting  the  project  planning  process. The  memorandum  should 
       clarify  any  issues  that  are  out  of  the  ordinary,  outline  the  property's 
       important conservation attributes, describe the landowner's conservation 
       and development goals (if any), and confirm the land trust's capacity to 
       undertake the project. 
       It is important that such memoranda are consistent from one project to 
       the next. Supporting maps and other documentation should be appended, 
  as outlined above. It may be helpful to create an internal checklist or 
       outline of the items the memo should address and of the documents to 
       be appended.

       Detailed Minutes
       Some organizations use detailed minutes of project staff meetings (for 
  land  trusts  with  staff)  or  project/conservation  committee  meetings  to 
       serve as their project plan. At these organizations, once the project selec-
       tion process has progressed to the planning stage, these meetings are used 
       to discuss the property's conservation attributes, the landowner's conser-
       vation and development goals, and the basic terms necessary to achieve 
       both the land trust's conservation goals and the landowner's goals for the 
       property. These minutes should include copies of maps or other materials 
       discussed in the meeting in order to constitute a project plan that meets 
       Practice 8G.
       Land trusts may use one of these forms as their project plans at one stage 
       in their organizational life and move to a more formal style of project 
       plan as they grow and add capacity. Remember, no one format is correct. 
       It is important that land trusts recognize the need for a project plan and 




172             Evaluating and Selecting Conservation Projects        



adopt a process that will produce a plan that reflects the synthesis of the 
information gathered about a particular conservation proposal.

Project Plans for a Conservation Easement and 
Fee Land Acquisition
Each project plan should be tailored to each property within the context 
of the organization's overall land protection program. For fee ownerships, 
the project plan should focus on:

    * Land management issues;

    * Habitat restoration and/or maintenance; and

    * Public  access  and/or  cultural  and  educational  interpretation,  as 
      appropriate. 
Conversely, for conservation easements, it is less likely that the land trust 
will be involved in the direct management of the property. Therefore, the           Project planning is a helpful tool 
project plan will focus on how the easement will protect the property's             for weighing the organization's 
important conservation resources.                                                   conservation and strategic goals 
One of the goals of a project plan is to identify the appropriate tools for         in concert with the landowner's 
protecting a particular parcel of land. Land trusts often try and "do it all"       and/or community's goals. 
without considering the practical or financial ramifications of commit-
ting  to  extensive  conservation  easement  restrictions  or  complex  land 
management scenarios for a single parcel. Creating project plans helps 
land trusts evaluate the entire cost of a proposed conservation project 
and plan for the resources it must devote to accomplish its conservation 
goals for that property.
Project planning is a helpful tool for weighing the organization's conserva-
tion and strategic goals in concert with the landowner's and/or community's 
goals. The net result should be a plan that is both responsive and respon-
sible, a plan that will engender public confidence in the organization. 

Land Management Plan versus a Project Plan
A land management plan identifies the resources and processes on the 
land that are to be protected and promoted, determines what actions 
to take or avoid, and designates who shall accomplish those objectives. 
A project plan outlines the overall conservation goals for the property, 
the restrictions necessary to protect the conservation resources, and the 
uses that may be permitted on the land while protecting its resources. 
It  directly  informs  the  conservation  easement  drafting  process  or 
acquisition strategy. 





                                                       Project Planning      173



                                                    For example, a written project plan for a proposed fee acquisition might 
                                                    determine that the property shall contain a rustic trail to be designed 
                                                    primarily for nonmotorized vehicles. The project plan may further dictate 
                                                    that  the  trail's  design  shall  avoid  any  habitat  for  rare  and  endangered 
                                                    species, and shall focus on fostering a greater understanding and appreci-
Land management plan A plan that 
identifies the resources and processes on           ation for the property, all as consistent with the land trust's mission, goals 
the property that are to be protected and                and existing financial resources for the property's management.
promoted,  determines  what  actions  to 
take  or  avoid,  and  designates  who  shall            The land management plan for this property, by contrast, would delin-
accomplish those objectives.                        eate where the trail is to be located, what type of trail it is to be (narrow, 
                                                    wide, paved, dirt, rustic, groomed), when it will be constructed, and who 
                                                    is responsible for the trail's maintenance and the enforcement of the trail's 
                                                    use restrictions.

                                                    When To Create a Project Plan
                                                    The project planning process is generally initiated after the land trust 
                                                    board  has  reviewed  and  granted  preliminary  approval  for  the  project 
                                                    based upon its compliance with the organization's selection criteria. This 
                                                    timing enables the land trust to create a project plan only for those proj-
                                                    ects  that  meet  the  organization's  mission  and  goals  and  are  consistent 
                                                    with its other conservation initiatives.
                                                    Some organizations' project selection processes may result, prior to board 
                                                    approval, in the collection of some of the information necessary to create 
                                                    a project plan. However, for other groups, the project selection process 
                                                    provides a much more general review in contrast to the more detailed 
                                                    project planning process.

                                                    How to Create a Project Plan
                                                    Techniques for creating a project plan vary, but universally involve the 
                                                    synthesis of available information. Through this process, the appropriate 
                                                         land protection tools and goals become evident, and the project's goals 
                                                         are aligned with the landowner's desires and the organization's mission 
                                                         and capacity. Whether or not to include other conservation partners is 
                                                    also regularly considered during preparation of the plan.
                                                    Your organization is often unlikely to realize all its (or the landowner's) 
                                                         ideals in conserving a property. Therefore, the land trust must establish the 
                                                    best possible protection strategy that it will be able to uphold in perpetuity. 
                                                    Therefore, as part of every project plan, you will need to assess the imme-
                                                    diate, ongoing and long-term costs (staff time, volunteer time, consultant 
                                                    time, legal time, etc.) that will be required to monitor and defend a conser-
                                                    vation easement or steward the fee-owned property over time.



                                                  174        Evaluating and Selecting Conservation Projects        



Organizational capacity is a difficult concept to grasp. However, under-
standing your land trust's capacity and how it affects any given project 
proposal will improve the project plan and your conservation efforts. (See 
the more detailed discussion about organizational capacity in chapter 1; 
see also Land Trust Standards and Practices, Practice 7A, Capacity, and the 
Land Trust Alliance course "Mission, Planning and Capacity.")
For example, an element of the project plan for a property might include 
establishing  protected  buffers  along  wetlands  and  streams.  However, 
depending on the land trust's mission and capacity, the buffer restric-
tions could vary widely. Some organizations may decide that they will 
simply identify a buffer that prohibits barns in an area along a stream 
(thereby  preventing  nutrient  loading  in  the  stream  due  to  manure 
from animals housed in and around the barn). For others, the project 
plan might include the prohibition of livestock in the buffer area and 
therefore require fencing and a greater level of monitoring. Still other 
organizations with greater organizational capacity and whose mission 
includes  preservation  of  water  quality  might  require  buffers  that  are 
maintained in a certain manner (e.g., mowing to remove phosphates,                   A land trust's standard  
no mowing to maintain a shaded stream area, specified cutting restric-               restrictions and management 
tions, and so forth).                                                                techniques should be  
                                                                                     established prior to working 
A land trust's standard restrictions and management techniques should                with a landowner. They are 
be established prior to working with a landowner. They are based upon                based upon the organization's 
the organization's long-term easement or fee land stewardship capacity.              long-term easement or fee  
If the acceptable strategies are not determined in advance, the land trust           land stewardship capacity.
representative may be put in an awkward position if he or she proposes 
to the landowner what seems like a logical method to protect a conser-
vation resource, only to find out later that the land trust does not have 
the capacity to carry out what was suggested. The result can be a loss of 
landowner confidence in the land trust's conservation program and frus-
tration on the part of the project negotiator due to unclear expectations 
and inefficient use of time.

Gathering Information
Much  information  about  a  potential  conservation  project  will  have 
already been gathered by the time the project planning process begins 
through a site inspection, interviews with the landowner, consideration 
of the public benefits associated with the project, and application of the 
land trust's selection criteria. Gaps in that information will likely become 
apparent when land trust representatives apply their selection criteria to 
a particular parcel and/or take the project to the land trust board for 
preliminary approval of the transaction. Therefore, land trusts often need 



                                                       Project Planning       175



  additional information about a conservation proposal before being able 
       to complete the project plan.
       There  is  ever-increasing  access  to  a  wide  and  varied  amount  of  infor-
       mation  regarding  land;  the  accessibility  and  scope  of  the  information 
  depends  on  your  community.  Site-specific  information  is  increasingly 
  available on the Internet, in public computer databases, and from online 
  service agencies (see Additional Resources for suggested contact infor-
       mation). Land trusts should also remember that historical documenta-
       tion and landowner narratives about the property can prove helpful when 
       creating a project plan. Some organizations undertake this substantive 
  data collection as part of their project selection process, while others wait 
  until after the board has given preliminary approval for the project.

  Maps/data layers
  One of the best ways to assess the conservation attributes of a specific 
  property is to compile information and maps on a property's geology, 
  water,  cultural  features,  proximity  to  other  protected  lands,  and  plant 
  and animal composition. 
  Many local municipalities throughout the country now have ready access 
  to Geographic Information System (GIS) databases that provide data layers 
  for  geography  (slope,  topography,  soil  types,  bedrock  configurations), 
  vegetation cover types, wetlands and water bodies, wildlife habitat, and 
  roads and structures. 
  Many counties and townships will often readily share it with conservation 
  organizations (although there may be a fee). However, if you are in an 
  area  that  does  not  yet  have  this  technology,  you  can  obtain  much,  if 
  not all, of the same data by referencing published maps and reports (see 
  Additional Resources for suggestions).
  Some local or state governments may also have information on rare and 
  endangered  species,  wind  patterns,  fire  occurrence  patterns,  culturally 
  important viewsheds, and related features (such as historic trails, battlefields, 
  overlooks, gathering areas, burial grounds, etc.), or this information may 
  be available through other resources (see Additional Resources).

  Planning and zoning information
  It is often helpful to know what a community believes should happen 
  with a property or the land adjacent to it. Therefore, land trusts should 
  research local zoning laws (if zoning exists) and comprehensive or master 
  plans. Reviewing the pertinent plans and zoning is useful in understand-
       ing the community's overall goals related to conservation and the poten-
       tial development of a particular property. For example, 


176        Evaluating and Selecting Conservation Projects        



    * For  projects  that  involve  public  access  (usually  on  lands  owned 
       outright by the land trust), it is helpful to know the process (if any) 
       to establish trails, access, signage, etc. 
    * If  land  adjacent  to  a  proposed  conservation  project  is  zoned  for 
       dense commercial development, a land trust will need to analyze 
       the implications of this development on the property it is consid-
       ering protecting.
    * For conservation easement projects, it is useful to know the current 
       zoning and any government plans affecting the property in order to 
       understand what uses are compatible with long-term community 
       goals.  Such  knowledge  can  also  help  avoid  negotiating  reserved 
       rights for the landowner that he or she may not be able to imple-
       ment under existing land use laws. Granted, not every commu-
       nity has this information. However, if it is available, it can help 
       identify potential threats to a parcel and neighboring land, such 
       as unplanned development, lack of sophisticated planning tech-
       niques (e.g., a density bonus or cluster development), and subdivi-
       sion regulations that perpetuate land fragmentation. 
    * For  conservation  easement  projects,  if  the  landowner  wants  to 
       reserve the right to subdivide a portion of the land in the future, 
       you will need to ensure that both parties understand how local (and 
       other government) regulations will affect the project in both the 
       short and long term. The regulations will likely influence conser-
       vation easement language and any map or subdivision plan that is 
       prepared as part of the project.

Gaining information within the broader context
Too  often,  project  plans  are  devised  by  only  looking  at  the  property 
currently under consideration for protection. The result of this limited 
analysis  is  that  important  natural  and  cultural  resources  can  be  over-
looked, and the overall project plan may fall short of its potential conser-
vation benefits.
For example, it may be possible to overlook an important wildlife migra-
tory route on an isolated property that would otherwise be evident when 
looking at aerial photographs and resource maps of the surrounding area 
or after consulting with a wildlife expert. Or, when locating a reserved 
house site, it might be logical to place it in one corner of the property 
(if you are only considering that one property) but when viewed in a 
larger context, the proposed house site's location could severely impact 
the overall landscape. 
Another  issue  to  consider  when  examining  the  larger  landscape  is  the 
impact of neighboring development and roads. If you are fortunate enough 
to work with surrounding landowners, examine how those properties will 


                                                         Project Planning       177



  affect your project plan. How would the existing roads and development, 
       and possible construction of future roads and development, impact your 
       immediate project and that of additional conservation work in the area?

  Talking with the landowner
  As part of the project planning process, it is important that the land 
       trust and landowner discuss the conservation and development goals 
       (if any) for the property. Many landowners are new to their property 
       and  often  enjoy  "seeing  the  land  through  your  eyes"  as  a  land  trust 
       representative. Other landowners, particularly those whose land may 
       have been in the family for generations, will likely enjoy sharing their 
       knowledge of the property with you and actively collaborating on its 
       protection. These discussions should commence during the site inspec-
       tion process, but may need to be expanded upon once the project plan-
       ning process begins.
       Sometimes, landowners have development goals in mind for their prop-
       erty that are incompatible with the conservation of its natural resources. 
       You will need to understand these goals and work with the landowner to 
       ensure that the project plan addresses both the landowner's needs (to the 
       extent possible) and the land trust's conservation goals. 
       For example, say a landowner wants to reserve a building envelope that 
       would be located in prime habitat for a species eligible for listing as threat-
       ened  or  endangered  by  the  U.S.  Fish  and Wildlife  Service. Your  land 
  trust's mission is to protect wildlife habitat, so the organization's conser-
       vation goals would be severely compromised if you accept the landowner's 
       proposed building envelope location. You explain your concerns to the 
  landowner and offer to meet with him on his land. Take an aerial photo 
       and topographic map of the land to illustrate your concerns. Together 
       with the landowner, you explore other potential homesite locations that 
       offer attributes similar to those of his requested location, but that will 
       also preserve the native community that is critical habitat for the species 
       in question. You choose an alternative site for the building envelope.
       After these discussions, you suggest that it might be helpful to stake out 
  the new approximate building envelope on the ground so that the land-
       owner can see what that location offers for a home site. You also note that 
       the local land use code requires preserving habitat for this species and 
  that the county has been diligent about enforcing this code. Using a GPS 
       unit, you could stake out the proposed building envelope (you can also 
  pace out the area on foot or use a measuring tape).
  Once the landowner sees the size of the building envelope on the ground 
       and recognizes that it offers many of the same attributes as his original, 


178        Evaluating and Selecting Conservation Projects        



preferred location, the landowner may readily accept the new building 
envelope's location. 

Aerial photographs
Aerial photographs are another great way to gain helpful information and 
facilitate communications with the landowner (and his or her advisers, 
as appropriate). Depending upon the level of specificity of your project 
plan and your overall conservation goals for the property, aerial photo-
graphs may provide much of the background information you need. In 
addition, you can often obtain photographs that track the property over 
a series of years, which may be helpful if you are analyzing a resource for 
long-term trends. 

Ground-proofing the data
It is often helpful to take a composite sketch map (or a copy of your 
various data sheets) and conduct a site visit to "ground-proof" or verify 
the  relevant  project  information.  For  example,  you  may  check  water-
ways to verify their presence and configuration, walk or drive roadways, 
and establish the presence or absence of other manmade improvements 
(which you might have  noted on the aerial  photographs).  Any  differ-
ences regarding the features you have observed on the ground should be 
corrected and noted as part of the project plan.
This  site  visit  can  be  conducted  with  or  without  the  landowner,  and 
serves to confirm or enhance your knowledge of the property. Generally 
speaking, this site visit occurs early in the process and helps the land trust 
gain the knowledge it needs to make educated decisions about both the 
landowner's and its own conservation goals.
The total number of visits to a potential project property that will be 
necessary  to  complete  a  thorough  project  selection  process  (including 
preparation of a project plan) is determined on a project-by-project basis. 
The number of visits will vary depending on the property, the complex-
ity of the land trust's conservation program and the clarity of the land-
owner's goals. 
You may also find site visits with the landowner a helpful way to negoti-
ate the project plan should you discover significant differences of opin-
ion  or  perspectives.  In  this  case,  you  may  wish  to  schedule  site  visits 
rather than discuss the project details through a letter or over the phone. 
Doing so allows for a more informed dialog with the landowner and an 
exchange of views on-site.
The natural resource complexity of your target property will also deter-
mine how extensive your site visits need to be. For a property that is 


                                                           Project Planning        179



                                                          largely comprised of similar landscape types, or where the land trust and 
                                                          the landowner agree that large portions will remain much "as is," you can 
                                                     usually reach consensus on a project plan relatively quickly, perhaps in as 
                                                          few as one or two visits.

                                                          Determining the Most Appropriate Conservation 
                                                          Strategy for the Property
                                                          As part of the project planning process, your land trust should evaluate each 
Affirmative rights (1) Easement provi-                    project to discern the most appropriate conservation strategy based on the 
sions that require the property owner to                  organization's goals and capacity, the landowner's goals and community 
maintain  the  resources  protected  by  the         needs. Not all land lends itself to protection with a conservation easement, 
easement (e.g., mow a field to keep open             just as not all land lends itself to public access. Smaller land trusts may not 
a view) or that require the land trust to 
maintain if the owner does not. (2) Rights                have the capacity to steward a conservation easement or fee acquisition 
granted to the land trust to perform phys-                after learning details about the land's complex conservation values, and 
ical acts on the property (e.g., build a trail            thus may need to engage another conservation organization as a partner 
or access the property for monitoring).                   in the project, or refer the entire project to another conservation group. 
                                                          For a more detailed discussion of this topic, see Land Trust Standards and 
                                                          Practices, Practice 8H, Evaluating the Best Conservation Tool.

                                                          Very high "land sensitivity"
                                                          It is possible that upon evaluating a parcel of land through its project 
                                                     selection  process,  the  land  trust  realizes  that  the  land's  conservation 
                                                     resources (or attributes) are so significant that the property is more suited 
                                                     to outright ownership than a conservation easement.
                                                     For  example,  if  you  find  yourself  devising  complex  protection  strate-
                                                          gies for a particular parcel requiring active restoration or detailed land 
                                                          management plans, it could be impractical to expect a private landowner 
                                                     to carry out these directives in perpetuity as part of a conservation ease-
                                                          ment. If a great many restrictions or affirmative rights are required to 
                                                          protect a property, fee ownership may be a better choice. As many land 
                                                          trusts are finding, the original landowner may be willing to subject their 
                                                          property to this degree of control, but subsequent owners may not have 
                                                          the resources or be comfortable with such tight restrictions or affirma-
                                                          tive rights in a conservation easement. For the land trust, this can mean 
                                                     demanding long-term stewardship obligations (both financially and in 
                                                     terms of staff time) to enforce such provisions in perpetuity. 
                                                     There is no single, correct approach in these situations. However, land 
                                                     trusts need to have realistic expectations as to what they and the landown-
                                                          ers are obligated to uphold over time. Thus, if a parcel of land contains 
                                                          highly  sensitive  resources  or  requires  intensive  management,  outright 
                                                          ownership is generally favored. Ownership gives the land trust the most 



                                                   180        Evaluating and Selecting Conservation Projects        



certain ability to protect and manage the conservation resources on the 
property. Some organizations use this opportunity to form ownership or 
management partnerships with other conservation organizations or agen-
cies, or may serve as an "acquisition agent" and "pre-acquire" the land 
with the goal of transferring it to another entity that can undertake its 
appropriate management.

Public access as part of an organization's strategic goals
If the land trust has identified an important trail corridor or network on 
the property, it must weigh the various approaches toward achieving its 
public access goals, minimize long-term maintenance costs through care-
ful planning and design, and create strategies to develop (or maintain) 
community (and landowner) confidence in the trail(s).
If a property is appropriate for intensive public use, land trust or public 
ownership  is  usually  favored.  Public  access  on  privately  owned  land 
requires  an  additional  level  of  sophistication  in  the  project  planning 
process. While  not  universally  common  because  of  many  landowners' 
concerns about privacy and liability problems, an increasing number of 
land trusts and communities are working to establish public access trails 
- many of which are partially on privately owned lands. 
As  part  of  the  project  planning  process,  the  land  trust  must  carefully       Land trusts need to have  
determine  whether  a  conservation  easement  or  fee  acquisition  of  the            realistic expectations as  
property is the most appropriate protection mechanism.                                  to what they and the  
                                                                                        landowners are obligated  
Limited development                                                                     to uphold over time.
Increasingly, because of the price of land or the landowner's goals, land 
trusts have to consider incorporating some development into conserva-
tion projects. In these situations, a land trust should ensure that any devel-
opment is sited in such a way as to minimize the detrimental impacts to 
the property's conservation values.
You should not only gather information as you would for any conserva-
tion project plan, but you should also analyze where development would 
be most appropriate from both a conservation and human perspective. 
In some instances, this level of planning may be beyond the expertise or 
capacity of a land trust; therefore, it may be necessary to suggest a land-
owner hire a professional land use planner to assist with this task. In other 
instances, land trusts rely upon landowners to propose building enve-
lopes. The land trust then limits its own project planning to determining 
zones where such development can not be sited in order to protect the 
property's conservation values. The landowners will then conduct the rest 
of the research and locate acceptable development areas. 



                                                         Project Planning        181



       Using a Project Plan
       Project plans create the basis from which your land trust's conservation 
       goals are realized for a particular property. For example, a project plan for 
       a conservation easement helps inform the land trust and the easement 
       drafter about the important features that should be conserved, as well as 
       what special restrictions or other provisions might be warranted. A proj-
       ect plan also helps land trust personnel and landowners understand the 
       implications of provisions that are outside the norm of the land trust's 
       model conservation easement language. 
       Project plans help an organization think through the long-term steward-
       ship costs of a specific parcel of land, and, for a conservation easement, 
  any land uses desired by the landowner that may be inconsistent with the 
  property's conservation values. The process will identify any deviations 
  from a land trust's standard easement format and prompt the land trust 
  to review its procedures.
  For  example,  your  land  trust's  model  easement  allows  for  agricultural 
  structures anywhere on a property, with the exception of certain "scenic 
  zones" or "habitat zones." However, upon compiling information about a 
  specific proposed project, you note that the land includes a historic barn 
       that is worthy of preservation and lies within an area that would ordinar-
       ily be designated as a "scenic zone." Both you and the landowner agree 
       that the structure should be preserved and maintained. In your project 
       plan, you note (with supporting documentation) that this is a deviation 
       from your model easement, and, if accepted by the board, will entail a 
       different  level  of  stewardship  than  your  land  trust  regularly  conducts. 
       Although  you  have  deviated  from  the  organization's  model  easement 
       format, after considering the increased stewardship responsibilities, the 
       board agrees to accept the change as generally consistent with the land 
       trust's goal of preserving farmland and the local landscape. The board 
       also  agrees  to  raise  money  to  train  staff  in  basic  historic  preservation 
       issues and increases the amount of dedicated stewardship funds for the 
       conservation easement due to the unique aspects of the easement. 











182        Evaluating and Selecting Conservation Projects        



 P   U   T   T   I   N   G     I   T     I   N   T   O     P   R   A   C   T   I   C   E



Conservation Easement Project Planning
This exercise is designed for either instructor-led training or in-house study.
For each example below, determine the key planning issues that a project plan for this 
property should address and why they need to be addressed. Consider how these issues 
may affect the decision to accept or reject a project, or how they may affect the form and 
content of the conservation easement. Guidance on discussing these examples follows.
Example 1: Conserving a Riverfront Farm
Landowner goals: maintain "as is," pass to children
Land trust goals: protect scenic value, agricultural viability, water quality
Land:  includes 1/2-mile river frontage, 1,000 feet road frontage and a homestead/
       farm operation area
List as many key project planning issues as you can identify:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________





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              Example 2: Conserving a Scenic Hillside Property
              Landowner goals: tax deduction for easement donation, build a vacation cabin
              Land trust goals: open space conservation, protect locally known view from public    
                      road, public access
              Land: includes scenic views from river valley, elk travel corridor, hiking trails
              List as many key project planning issues as you can identify:
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________
              ______________________________________________________________







                           184      Evaluating and Selecting Conservation Projects        



                                                                              E   X   E   R   C   I   S   E



Discussion: Example 1
Some of the key planning issues for the riverfront farm might include:

    * The need to provide for subdivision, or at least additional home sites, so the 
      land can be passed to children;
    * Assuring such subdivision will still permit a farm to remain viable by specifying 
      minimum acreage requirements for each resulting parcel;
    * Locating any reserved rights far enough from the river to prevent sedimenta-
      tion, nutrient loading or other detriments to water quality;
    * Identifying the need for a farm management plan to protect water quality and 
      scenic quality;
    * Locating any reserved rights to protect scenic quality from the road and perhaps 
      from the river; and
    * Preventing  uses  of  the  property  other  than  what  exists  as  of  the  date  of 
      easement.
The key to planning this conservation easement will likely be balancing the desire 
of the landowner to keep the land essentially as it is today, the desire to it to pass to 
his or her children. Because there is more than one child, a single parcel (or a single 
piece of land) may not achieve the goal without some land use planning, for example, 
permitting subdivision of the property so each child can inherit a portion or establish-
ing building envelopes for additional home sites. Either of these options may conflict 
with the land trust's conservation goals, so parcel sizes should be sufficiently large to 
permit the continuation of a viable farm, and building envelopes should be sited to 
preserve the scenic qualities and farm viability and to avoid impairing the water qual-
ity by allowing construction too close to the river. 
Meeting the land trust's goals while permitting both farming and farmstead mainte-
nance may require a management plan that will seek to protect both scenic quality 
(from the public road and perhaps from the river if it is navigable) and water quality. 
Animal run-in shelters, corrals, and so forth may need to be kept a distance from the 
river, and farm support housing or other farm-related outbuildings may need to be 
located so they do not impair the scenic qualities of the land.









                                                         Project Planning    185



P   U   T   T   I   N   G     I   T     I   N   T   O     P   R   A   C   T   I   C   E



              Discussion: Example 2
              Some of the key planning issues for conserving scenic hillside property might include:

                   * Meeting the Internal Revenue Code's conservation purposes test;

                   * Locating the building envelope to protect views from the public road;

                   * Locating the building envelope to protect the elk travel corridor;

                   * Locating the building envelope to protect open space;

                   * Working with the landowner to provide public access for hiking existing trails 
                      and/or for elk hunting; and
                   * Creating design restrictions that maintain views from the public road.
              The key to planning this conservation easement will likely be balancing the landown-
              er's desire with securing tax benefits for the donation of the easement with his or her 
              desire for a vacation cabin. The cabin must be located to preserve the conservation 
              purposes of the project, so it should be sited and restricted to preserve views of the 
              property from the public road and to maintain the wildlife corridor. Finally, the land 
              trust will need to work with the landowner to open existing hiking trails to the public 
              and/or allow hunting to the public. Public access issues need to be carefully considered 
              because they may negatively affect other values, such as preservation of the wildlife 
              corridor. Limiting access to certain times of year when the land is not generally used 
              by elk, or adopting and enforcing regulations to manage the access may be necessary. 
              These types of restrictions must be evaluated for their stewardship obligations because 
              they require more frequent visits to the property than an annual monitoring visit.


















                           186      Evaluating and Selecting Conservation Projects        



  C   A   S   E     S   T   U   D   Y



Hardworking Land Trust*
This case study may be completed either through an instructor-led training or self-study. 
In reading this case study, consider how the Hardworking Land Trust can use the project 
planning process to bring together the goals of the land trust and the landowner and 
ensure the best protection strategy for the property. Read the case study and answer the 
questions below. Guidance on the discussion questions follows.

Background
A number of years ago, the Hardworking Land Trust received a call from a landowner 
who owned 500 acres of land. The property is located in one of the land trust's impor-
tant projects areas and abuts protected land. The landowner expressed an interest in 
protecting his land through a conservation easement, and requested that the land trust 
begin the process.
Land  trust  staff  explained  that  the  first  step  in  the  process  would  be  for  them  to 
conduct a site visit to obtain an overall sense of the property, its conservation char-
acteristics and its relation to other protected lands. In addition, they would leave a 
"landowner information form" for him to complete, which asks for detailed informa-
tion about the property.
In preparation for the site visit, the staff printed a GIS image of the property from the 
land trust's computer that layered aerial photographs, a USGS topographic map and a 
soils map, and obtained a copy of the tax map from the county assessor that delineated 
the land's approximate boundaries and those of surrounding properties.
The land trust has a standard conservation easement and general project planning 
guidelines that reflect its conservation goals and organizational capacity (both imme-
diate and long-term). The staff (not the board) conducts the landowner negotiations.

Site Visit

Property characteristics
The property consists of a beautiful farm, with high meadows backed by a large tract 
of deciduous forest, a series of fields around the homestead, and two perennial streams. 
The property contains a main house, guest house and farm manager's house, along 


*The land trust discussed in this case study wishes to remain anonymous; it is located in the north-
eastern part of the United States, has a staff of 12 and a mission to protect scenic landscapes, open 
space, wildlife habitat, and working agricultural and timber lands.



                                                               Project Planning          187



C   A   S   E     S   T   U   D   Y



             with three barns (horse, dairy and storage). Accessory improvements include fencing, 
             riding rings, a pond, silos, trails, a small farm dump, and other farm-related improve-
             ments, such as a bunk silo.
             From the soils maps and the site visit, the land trust staff determined that approxi-
             mately 50 percent of the farm (the majority of the fields) consists of high-quality agri-
             cultural soils. The wooded areas and some areas of the high meadows have marginal 
             soils for production, but could be developed to meet county and state health codes.

             Meeting the land trust's project selection criteria
             It quickly became clear from the pre-site visit research that the farm met the land 
             trust's project selection criteria. The site visit confirmed the information gleaned from 
             the maps and aerial photographs, and that staff took a number of photographs docu-
             menting the views from public roads. In addition to the high quality farmland, the 
             woodlands, if protected, would enhance a ridgeline conservation corridor that the 
             land trust was working to establish for wildlife and productive forestry.
             The only remaining issue to be resolved prior to bringing the project to the board for 
             approval as a donated conservation easement was the number of house sites and subdi-
             vision rights the landowner wished to retain. 

             Discussions with the landowner
             The land trust staff arrived at the property and began a site visit with the landowner. 
             After viewing the lower part of the property, the staff related that this was an outstand-
             ing  project  and  inquired,  "How  many  house  sites  do  you  envision  retaining?" To 
             which the landowner responded, "Twelve, tucked away in discrete locations so that 
             they each have a great view and some privacy." 
             The staff knew that 12 house sites spread out across the property would destroy its 
             conservation values. The land trust's board had established planning guidelines for resi-
             dential dwellings at one subdividable house for every 75 acres in order both to main-
             tain the integrity of the conservation project and to attempt to control the number of 
             long-term conservation easements the land trust would have to manage. In addition, 
             the board had requested that the staff avoid siting reserved house sites on top of hills, 
             in the middle of fields or within 150 feet of a stream or body of water in order to meet 
             the land trust's conservation goals. The staff were also expected to prioritize conserva-
             tion resources for each property to ensure a clear decision-making process as to where 
             any reserved house sites should be located.





                         188      Evaluating and Selecting Conservation Projects        



                                                                      C   A   S   E     S   T   U   D   Y



The staff were taken aback when the landowner stated he wanted 12 reserved house 
sites. They knew that a small number of house sites that minimized land fragmenta-
tion might be acceptable and allow the farm to continue to function as a working farm 
with ongoing forestry operations. They also recognized that there was no point bring-
ing the project to the board for approval, given how incompatible the landowner's 
goals were with the land trust's conservation goals for the land.
However,  they  knew  that  other  ridgeline/large-lot  developments  in  the  area  were 
frequently developed at this density. If this type of development were to occur on 
this property, it would ruin the conservation corridor, the future farming and forestry 
potential, and the community's views of the farm from public roads.

Discussion Questions
Guidance for the discussion follows.
  1. As part of the project planning process, what could the staff have done to 
      circumvent the landowner's stated desire to retain 12 house sites?
  2. What would you advise the staff to do now?
  3. When should a land trust walk away from a project because the project plan-
      ning process fails to meet the overall conservation goals of the organization? 
      How can this be done without alienating the landowner?
  4. What are the roles of the board, staff and land trust advisers in project 
      planning?

Guidance 
  1. Some land trusts counsel their representatives not to ask landowners how 
      many home sites they wish to develop, directing them instead to help land-
      owners understand the conservation attributes their land contains. Other 
      groups may alert landowners early in the meeting to any density maximums 
      adopted by their boards (such as the Hardworking Land Trust's adopted policy 
      of not permitting more than one home site per 75 acres) in order to discour-
      age landowners from proposing too dense a development.
  2. In this case study, the land trust representative must find a way to persuade the 
      landowner to reduce the number of home sites. Sometimes a board member 
      can provide assistance in discussing this difficult subject with a landowner, or 
      the board itself can provide back-up to land trust representatives negotiating 
      project plans by establishing clear and non-negotiable standards. Ultimately, 
      the staff must find a way to reduce the number of proposed home sites if the 
      project is going to be completed.



                                                      Project Planning      189



C   A   S   E     S   T   U   D   Y



                3. Land trusts should walk away from projects when the landowner insists on 
                     reserved rights that will adversely impact the land's conservation values. The 
                     best way to avoid alienating landowners is to explain the land trust's processes, 
                     goals and criteria early on and to keep the landowner updated as the project 
                     planning process develops (see discussion and other suggestions in chapter 1). 
                4. If a land trust is small or all-volunteer, generally a board member or trained 
                     committee member is responsible for negotiating the project plan with a 
                     landowner. Land trusts with staff generally assign this responsibility to a staff 
                     member. Land trust advisers can assist by providing feedback about particular 
                     restrictions, helping analyze land use issues, or suggesting alternative language 
                     to achieve conservation goals. In this case, the land trust (or landowner) may 
                     wish to engage a professional land planner to help identify potential home 
                     sites and present an alternative proposal to the landowner.




























                         190      Evaluating and Selecting Conservation Projects        



Conclusion
In addition to assisting land trusts with evaluating the long-term steward-
ship costs of a particular conservation proposal, project plans can also be 
used as starting points for the creation of baseline documentation reports 
and land management plans. Therefore, project plans are important to all 
phases of land protection, from project selection, to landowner education, 
to negotiation and, finally, to long-term stewardship considerations.
To implement Practice 8G fully, the Land Trust Alliance recommends:

    * The  land  trust  have  a  written  process  for  evaluating  and  designing 
      projects prior to land acquisition or easement drafting. The process 
      should:
      *    Identify the property's important conservation values and its im-
           portance to the land trust;
      *    Evaluate threats to the conservation values;
      *    Clarify the land trust's and landowner's goals for the project; and
      *    Select the most appropriate conservation strategy. 

    * The project planning process evaluates the ability of the organization 
      to meet any future stewardship obligations.
























                                                        Project Planning      191



  Additional Resources 
  Note: This list is designed to be a starting point and is not inclusive of all 
       possible contacts and related references.
       Possible references and ideas for information sources:

  Aerial photographs 

           * Your state GIS clearinghouse

           * Your state department of transportation

           * Environmental Air Force (or similar volunteer pilot organiza-
             tion). For two examples, see http://www.lighthawk.org/index.htm 
             and http://www.col-east.com/
           * http://earth.google.com/

  Topographic maps (can be digital or print versions)

           * Local bookstores (for prints)

           * United States Department of Agriculture (check your regional 
             office)
           * http://cugir.mannlib.cornell.edu/; http://www.topozone.com/; 
             http://topomaps.usgs.gov/

  Vegetative analysis/cover type/location (can be digital or print 
  versions)

           * Aerial photographs

           * Stereoscope analysis (see local universities, for assistance from 
             students)
           * Field visits (college interns, volunteers, consultants)

           * Black-and-white photographs

           * Soil data is available at http://www.ncgc.nrcs.usda.
             gov/products/datasets/ssurgo/
           * Wetland data and maps 

  Property boundary delineation

           * Survey  maps  (filed  in  courthouse,  records,  etc.)  and  supporting 
             descriptions
           * Survey maps and supporting descriptions, held by surveyors

           * Tax maps (can often have errors, but can give you a general idea of 
             the area); check your local real property office or town clerk/town 
             office
           * Plat maps (similar to tax maps, used in the Midwest and West); less 
             likely to have errors, but not as reliable as surveys; check your local 
             real property office or town clerk/town office
           * The landowner may have copies of survey, tax, or plat maps



192        Evaluating and Selecting Conservation Projects        



Waterbodies

    * Topographic maps

    * Black-and-white aerial photographs

    * Aerial photographs 

    * Hydrologic  mapping  (if  it  exists-depends  on  the  area  of  the 
      country)
    * Landowner interview

Cultural information 

    * Local historical society(s) and/or regional/state organizations

    * Local residents

    * Published materials (check libraries, Internet, etc.)

    * Landowner interview

Wildlife and plant species information

    * State wildlife departments, colleges and natural history museums

    * Natural Heritage Programs (located in every state)

    * Horticultural societies

    * Local offices of The Nature Conservancy 

    * Wetlands data: http://wetlandsfws.er.usgs.gov/wtlnds/launch.
      html

Scenic viewshed information

    * Scenic byway departments of state government

    * National Park Service scenic surveys

    * Local planning departments, master plans, comprehensive plans

    * Historic commissions or historic preservation groups

    * Local conservation commissions or similar community groups

GIS information and general sources (data layers)

    * http://www.mass.gov/mgis/giswww.htm  (GIS  around  the  world, 
      links to GIS data by state)
    * Local, county, regional or statewide planning, agricultural, forestry, 
      wildlife, and/or conservation organizations
    * Universities and colleges

    * Natural  Heritage  Programs  or  other  similar  state  or  federal 
      programs
    * Planning or mapping consultants

    * http://mapping.usgs.gov/

    * http://www.terraserver.com/

    * http://www.topozone.com/



                                                      Project Planning      193



           * http://topomaps.usgs.gov/

           * http://earth.google.com/

           * http://www.esri.com/data/data-maps/overview.html

  Sample Documents
  Note: The following sample forms should not be used without adapting 
       them to your organization's mission, capacity and conservation goals. The 
  sample from the Maine Coast Heritage Trust is detailed and complex, 
       reflecting that land trust's large organizational capacity. It can be useful as 
       a starting point to help smaller organizations create their own data plan-
  ning sheets or project plan formats.
  Project Plan for a Conservation Easement Utilizing a Property Map and 
       Supporting  Information:  Columbia  Land  Conservancy's  Conservation 
       Easement Information Form (page 196)
       The Columbia Land Conservancy in New York uses this form to gather 
       important information about a landowner and his or her land and conser-
  vation  and  development  goals  in  order  to  prepare  a  thorough  project 
  plan. It should be adapted to an organization's particular needs. A fully 
  completed landowner information form, plus maps, may be sufficient 
  to comprise a project plan. The maps attached to this form demonstrate 
  different  ways  to  illustrate  a  particular  potential  conservation  project, 
  including a conservation easement map that, in some jurisdictions, may 
  be suitable for attaching as an exhibit to a conservation easement.
  Each organization will tailor its property map/project plan to suit its over-
  all conservation easement program. The more sophisticated the conser-
  vation  easement  program  (and  the  more  detailed  and/or  complex  the 
       restrictions are in the conservation easement), the more difficult it is to 
       depict them on a single map. However, the more maps you include, the 
  more challenging it can be for the layperson to understand the overall 
       project plan.
       Project Planning Checklist and Conservation Plan: Maine Coast Heritage 
  Trust's Conservation Planning Data Sheet (page 201) and A Conservation 
  Plan (page 226)
  Please  tailor  your  own  organization's  project  planning  data  sheet  to 
  focus  on  the  information  you  will  need  to  implement  your  conserva-
  tion program. Organizations can spend a great deal of time obtaining 
       interesting information about a property that is not directly relevant to 






194        Evaluating and Selecting Conservation Projects        



their conservation goals. The Maine Coast Heritage Trust uses this form 
to analyze its complex land conservation projects - which it is able to 
complete due to its significant capacity. Land trusts with less capacity 
may need less information, or less detail, or may not choose to impose 
the same restrictions on protected property, but this comprehensive form 
can  provide  a  starting  point  from  which  to  create  a  project  planning 
checklist.
Project Planning Template (page 231) This sample is a blank project plan-
ning form that you can adapt for your own land trust.



































                                                        Project Planning       195



Project Plan for a Conservation Easement 
Utilizing a Property Map and Supporting Information

                                                Columbia Land Conservancy
                                     Conservation Easement Information Form

                    Please fill out the following information as completely as possible and return it to the 
                    Conservancy at your earliest convenience. If there are questions that are not appli-
                    cable or are unknown, please make a note on the form. This information will enable 
                    Conservancy staff to complete your conservation easement and supporting charitable 
                    deduction tax forms. This form, as well as your $850 deposit, must be received no later 
                    than two weeks prior to a board meeting to facilitate its inclusion for board review.

                    Date: ____________________________________________________________
                    Your Name:  _______________________________________________________
                    1. Legal names/owners of the Property as they appear on the property deed: 
                    ________________________________________________________________
                    ________________________________________________________________

                    Primary mailing address:  _____________________________________________ 
                    ________________________________________________________________
                    Telephone Numbers:  Daytime _________________  Evening  _________________    
                                                    Weekend  _________________ Fax(s) _________________

                    Email address:  ____________________________________________________

                    2. Property Owner(s) social security number(s). The Conservancy only needs this informa-
                    tion if you wish to utilize a charitable gift as part of your conservation easement: ______
                    _______________________________________________________________

                    3. Location of the Property that would be protected: __________________________
                    ________________________________________________________________

                    4. Is there a mortgage, home equity loan or other lien or agreement without a filed satis-
                    faction on the property? ______________________________________________
                    If yes, please name the lender: _________________________________________
                    Who is the contact person?  ___________________________________________

                    Note: A mortgage does not prohibit the restricting of your land with a conservation 
                    easement. However, if you do have a mortgage or lien on your property, you will need to 
                    get subordination approval from your lender as soon as possible. Conservancy staff will 
                    assist you as necessary.





                              196     Evaluating and Selecting Conservation Projects        



                                                               Project Plan for a Conservation Easement 
                                            Utilizing a Property Map and Supporting Information

5. Are there tenants on your property? ____ 
If yes, please list: ___________________________________________________

6. Is there a survey for your property? _________ 
Please note: A boundary survey is required. CLC will need a copy of your survey prior to 
commencing work on your conservation easement map. 

7. What is the total acreage of the property? _______________________________

8. Are all property taxes and utility fee expenses up-to-date? _______ 
If no, please explain:  ________________________________________________
________________________________________________________________

9. What is the principal use of your property (farming, forestry, wildlife habitat, recreation, 
etc.)? ___________________________________________________________
________________________________________________________________
Is your property enrolled in New York State's agricultural or forestry "current use" 
program? ______

10. To enable Conservancy staff to create the conservation easement and supporting 
land planning map as efficiently as possible, please list the number of existing:
Houses: __________________________________________________________   
Guest houses, carriage houses, apartments, tenant houses: ____________________
Barns, garages, sheds: _______________________________________________ 
Tennis courts, swimming pools, etc.:  _____________________________________ 
Gravel pits:  _______________________________________________________   
Farm dump (state whether it is old or being used):  __________________________ 
Other: ___________________________________________________________

11. What is the name and address of the attorney who will be reviewing your conserva-
tion easement? If you wish, Conservancy staff can provide you with names of attorneys 
who are familiar with conservation easements.
________________________________________________________________
________________________________________________________________
________________________________________________________________
Phone number: ________________________ Fax number: ___________________

12. Have you read, and are comfortable with, CLC's model conservation easement?
________________________________________________________________





                                                          Project Planning       197



Project Plan for a Conservation Easement  
Utilizing a Property Map and Supporting Information

                    13. Do you wish to complete this conservation easement during this calendar year? 
                    ________________________________________________________________
                     Please note that your easement project, once completed, will be featured in CLC's 
                    publications.

                    14. CLC has several project periods (January-April, May-August, and September-
                    December) in which to work on specific easement projects. Board approval is needed 
                    prior to the project period selected. Which period would work best for you, if there is a 
                    slot available? _____________________________________________________
                    ________________________________________________________________


                    15. Are there individuals, other than yourself, who should be included in the conservation 
                    easement planning process? _____________ 
                    If yes, please explain: ________________________________________________
                    ________________________________________________________________

                    16. Please explain any additional information or concerns the Conservancy staff should 
                    be aware of:  ______________________________________________________
                    ________________________________________________________________
                    ________________________________________________________________






















                               198    Evaluating and Selecting Conservation Projects        



                                Project Plan for a Conservation Easement 
                    Utilizing a Property Map and Supporting Information















                                                  Sample Conservation 
                                                  Easement Map

























Sample Soils Map           Sample Wetlands Map




                            Project Planning      199



Project Plan for a Conservation Easement  
Utilizing a Property Map and Supporting Information


















           Sample USGS Topographic Map                          Sample Aerial  Map



























                                  200     Evaluating and Selecting Conservation Projects        



                                                                                          Project Planning Checklist


                           Maine Coast Heritage Trust
                 CONSERVATION PLANNING DATA SHEET


Project/Property Name _______________________________________________   

OWNER __________________________________________________________ 
COUNTY __________________________________________________________   
TOWN ___________________________________________________________ 
________________________________________________________________
U.S.G.S. QUAD _____________________________________________________
TOWN TAX MAP and LOT ______________________________________________   
CHART NO. ________________________________________________________ 
ECOLOGICAL CHARACTER OF COASTAL MAINE: Region ________________________ 
________________________________________________________________ 
Map  ____________________________________________________________

GEOGRAPHIC/INTEREST AREA __________________________________________   
________________________________________________________________   
________________________________________________________________ 

LAND TO BE PROTECTED: acres _________________________________________
___ shorefront feet ________ road frontage _______________________________
general character ___________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
________________________________________________________________
other ____________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 
If a part of larger parcel, give details on larger parcel: 
acres ____________________________________________________________ 
________________________________________________________________ 
shorefront feet _____________________________________________________ 
________________________________________________________________ 
road frontage ______________________________________________________ 





                                                               Project Planning    201



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                   general character ___________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   other ____________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________

                   What is special about this land that merits preservation? ______________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   


                   Key Contact People (owner, attorney, planner, staff, etc.) 


                   name/relationship                                 name/relationship

                   address                                           address

                   city/state/zip                                    city/state/zip

                   phone/fax                                         phone/fax

                   email                                             email












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name/relationship                             name/relationship

address                                       address

city/state/zip                                city/state/zip

phone/fax                                     phone/fax

email                                         email


Legal Information: (add sheets if more space is needed) ______________________   
________________________________________________________________   
________________________________________________________________
________________________________________________________________
________________________________________________________________

RECORD OWNERS: (year round and seasonal info/dates)

name as on deed                               name as on deed

address                                       address

city/state/zip                                city/state/zip

phone/fax                                     phone/fax

email                                         email


TYPE OF OWNERSHIP (tenants in common, joint tenant, corporate, trust, partnership, 
long term, family holding, developer, etc.)  _________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 



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                   INTENDED FUTURE OWNERS (buyers, family, associates - details)  _______________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   HOW PROPERTY WAS ACQUIRED (probate dockets, deeds, declarations of trust -- includ-
                   ing names, dates, book and page numbers, locale)  __________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   SOURCE FOR DESCRIPTION OF PROPERTY (list deeds, line agreements, partition orders, 
                   surveys - if only a portion will be restricted, list source of description for entire property 
                   and tell plan for describing relevant portion, i.e., lots, survey, landmarks) ___________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 
                     CONTIGUOUS LAND OWNED BY FAMILY (donor, spouse, brother, sister, ancestor, lineal 
                   descendent - inform appraiser for IRS "enhancement" computation _______________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                     EXISTING ENCUMBRANCES (mortgages, liens, public or private rights-of-way, power 
                   easements, deed restrictions, zoning, pending or threatened litigation, boundary issues)    
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   



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PRIMARY LANDOWNER MOTIVATION  ____________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________

TAX INCENTIVES DESIRED: income tax deduction? estate/gift tax relief? property tax 
relief? ___________________________________________________________


Baseline Information, Existing Character and Condition of Land to Be Protected By 
Easement: (Specify where information relates to owner's entire parcel and to portion to 
be protected if they are not the same, add, and refer to more pages if space insufficient.) 

General Baseline Information: 
PRIMARY CURRENT USE OF LAND ______________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________

SECONDARY USES __________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________

INTENDED USES PENDING EASEMENT, SUBDIVISION APPROVALS, TRANSFERS_____   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   



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                   EXISTING PUBLIC USES  _____________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   EXISTING LIMITATIONS ON USE (intrinsic, zoning, covenants, current use classification)   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 

                   SPECIAL CLASSIFICATIONS, RECOGNITION (site specific and/or feature specific 
                   governmental/scholarly recognition of land/history/ecological features, [attach reports, 
                   statutes].) ________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   NEIGHBORING LAND/INFLUENCES (any information on nearby land use, population 
                   density, aesthetic character, zoning, public or private land conservation, development 
                   trends, public use, proximate public vantage points, disputes, etc.) _______________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   



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FAMILY INFLUENCES (involvement of non-owners with concern for land, cooperative or 
otherwise) ________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 

OTHER IMPORTANT GENERAL INFORMATION ______________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   

Specific Baseline Information:
TERRAIN (include description of elevations, views from land, water bodies large and 
small, wetlands, character of shoreline, geology, important features)  ______________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   





                                                      Project Planning     207



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                   EXISTING CHARACTER OF FLORA AND FAUNA (include habitat information, animal/plant 
                   communities, rare species, vegetation cover, agricultural and forestry practices/plans/
                   history, extent of clearing and vegetative screening, location, aesthetic character) _____   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   EXISTING SURFACE ALTERATIONS (include size, location, and uses)
                   roads/trails: _______________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 
                   cultivation: ________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 
                   archeological sites:  _________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   ponds/wells/springs: ________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   gravel pits/ mines: __________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   subsurface utilities/septic: ____________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 


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soil test pits: ______________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 
waste disposal: ____________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
other: ___________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   


Sketch or Attach Map of Vegetation Types & Surface Alterations: 
EXISTING STRUCTURES (INCLUDE size, visibility, setback, location). 
 residences: _______________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
accessory structures: ________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
commercial buildings:  _______________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________


                                                     Project Planning    209



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                   docks/floats/piers:  _________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   walls, fences: ______________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 
                   seasonal storage: ___________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   bridges, stairs, boardwalks: ____________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   utility apparatus: ___________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   recreational facilities: ________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________



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aquaculture facilities: ________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
junk/refuse: _______________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 
other: ___________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________

Sketch or attach drawings for clarity: 

The Conservation Plan/Proposed Restrictions/Reserved Rights

Conservation Purpose: What is important to preserve? (Refer back to cover sheet and 
limit the actual plan to restrictions that actually further conservation purposes, deferring 
any private purposes or wishes to private legal or informal mechanisms.)

PRIMARY CONSERVATION PURPOSE (refer to IRS tests: habitat protection, public recre-
ation, open space/scenic, and historic preservation, but specify important features)___   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   



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                   Secondary ________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 

                   Competing conservation values? Methods to reconcile these?  __________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 

                   What sort of uses would threaten values? [Given your organization's goals] _________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________

                   Competing uses owner desires _________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 

                   Can these be limited to be made compatible? How? _________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   



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If scenic preservation, who sees land? From where? __________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________

Land Use Areas/Specific Restrictions and Reserved Rights

PROTECTED LAND (Should entire parcel, or only a portion be included in easement? 
Should easement cover land intended for development? Describe areas, survey needed)   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   

LAND USE ZONES (If included in easement, should development be limited to particular 
locations, specify why and where - natural areas, exclusionary zones, buffers, setbacks, 
development areas, building envelopes - strive for least complex arrangement) ______   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 

PUBLIC ACCESS AREAS (All, part or none of land, means of access, specific limits on, 
specific allowances) _________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 



                                                      Project Planning      213



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                   SUBDIVISION (permitted/prohibited/limited? prescribe extent) __________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 
                   (May land be used to permit increased density on abutting unrestricted land?) ______   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   SPECIAL PROTECTION AREAS (i.e.; rare species habitat, buffers, other)_____________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   


                   Specific Restrictions/Reservations 

                   VEGETATION MANAGEMENT 

                   general prohibition of cutting of standing timber/or alteration of vegetation? ________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   




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exceptions and reserved rights: prevention of fire/disease/exotics, emergency, holder 
approvals?________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
vegetative screening of permitted structures? _______________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
personal firewood/building materials, methods and location limits?  ______________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
commercial timber harvesting? _________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
forestry plan, standards? _____________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
need for holder approval? _____________________________________________   
________________________________________________________________   
________________________________________________________________   
location limits?  ____________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 
clear-cutting/selective harvesting, definitions _______________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________



                                                      Project Planning      215



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                   commercial/personal agriculture, limits, methods ____________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   creation of views from permitted structures/from public vantage points/from neighboring 
                   lands, cleared or selective cuts _________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   planting/landscaping/harvesting vegetation________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   maintenance of existing clearings _______________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 
                   creation of additional clearings, size/location/screening limits  __________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 
                   clearing for yards/lawns, size/location/screening limits  _______________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   




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clearing for roads, trails, permitted structures, setback/ screening limits  ___________   
________________________________________________________________
boundary maintenance _______________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
other ____________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   

SURFACE ALTERATIONS (specify intended uses, limitations)
General prohibition on all surface alterations, excavation, filling, wetland alteration, 
surface mining _____________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   

Exceptions to no surface alterations, and reserved rights, as necessary for: 
permitted structures/ vegetation management ______________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
roads, trails, size/location/setback/paving limits ____________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
cultivation of household gardens ________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   



                                                          Project Planning       217



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                   agricultural cultivation, limits ___________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   archeological ______________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 

                   ponds/wells/springs, limits ____________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   shellfish harvesting__________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________

                   other ____________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   



                              218    Evaluating and Selecting Conservation Projects        



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gravel for road-building, restoration ______________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 

PERMITTED STRUCTURES (specify intended structures/limitations)
General prohibition on all structures, temporary, permanent, meaning any man made 
object, not just buildings, with exceptions listed _____________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 

Is the land divided into development and natural areas? (Describe here and show on 
Sketch map and specify information below for each area) ______________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   








                                                    Project Planning     219



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                   Exceptions to prohibition on Structures, and Reserved rights:
                   If the easement, or a portion of it will generally prohibit building altogether, can there 
                   be signs? fences? boundary markers? outdoor furniture? walkways? culverts? hunting 
                   blinds? interpretive signs? outhouses? stairs? boardwalks? wells? septic systems? utility 
                   structures? any items to serve owner's other land? other? Specify materials or visibility 
                   limitations? _______________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   


                   If there are existing structures, may they be maintained, replaced, increased in size, 
                   moved to other locations, altered significantly?  _____________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 

                   converted into residences? ____________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   

                   Limitations on size, height, location, setback, screening, number, designs, visibility? ___   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 






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If there are existing structures or if residences may be built, are additional structures 
accessory to principal structures permitted; i.e., sheds, outbuildings, garages, well-
houses, garden furniture, fences, utility, septic, freshwater supply? ________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
guesthouses?  _____________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 
bunkhouses, tents, trailers?  ___________________________________________   
________________________________________________________________   
________________________________________________________________   

Limitations on size, height, location, setback, screening, numbers, visibility? _________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   

What agricultural/silvicultural/other business structures are permitted? ____________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________

Limitations on size, height, location, setback, screening, numbers, visibility, other? ____   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   

Are additional residences permitted?  ____________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   



                                                         Project Planning       221



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                   Limitation on numbers, type, permitted and prohibited locations, size, height, screening, 
                   visibility, setbacks, other? _____________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________

                   Are there any other special sorts of structures that should be mentioned as either specifi-
                   cally permitted, prohibited, limited in some way, or as an exception to a general limita-
                   tion, for instance, docks, tent platforms, boathouses, bunkhouses? _______________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   


                   SPECIFIC PROHIBITIONS (things that are worth mentioning in the conservation easement, 
                   even though the general restrictions would imply that they are prohibited, specify if limits 
                   such as setback, screening, siting, will be allowed.)

                   bridges or causeways? _______________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   towers, antennae, satellite dishes?  ______________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   hotels, motels?  ____________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   inns, bed & breakfasts? ______________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   waste disposal sites? ________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   




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junkyards? ________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
apartment buildings, multifamily units? ___________________________________   
________________________________________________________________   
________________________________________________________________
campgrounds? _____________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
condo, timeshares? _________________________________________________   
________________________________________________________________   
________________________________________________________________   
trailer parks? ______________________________________________________   
________________________________________________________________   
________________________________________________________________ 
________________________________________________________________ 
others? __________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   


Project History   Date Initiated _____________   By whom/why? _______________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
Project Goals ______________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 



                                                Project Planning    223



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                   Initial staff visit    Date ____________________ Details _____________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 
                   DATE    ACTION
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 
                   Community sentiment? _______________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   Contribution to Stewardship? __________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   Holder? __________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________ 
                   Survey needed/done? _______________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________
                   Baseline Data compiled? _____________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   Baseline Data certified? ______________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________   
                   ________________________________________________________________






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Subordination/consent? ______________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________
Right-of-way needed to access protected portion of owner's land?  _______________ 
________________________________________________________________ 
IRS Form 8283 discussed w/accountant? _________________________________   
________________________________________________________________   
________________________________________________________________
Appraisal? ________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________ 
Other? ___________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   
________________________________________________________________   


Sketch Map (This should ideally be two maps, one showing the geographic location in 
the larger context, and another showing the approximate boundaries of the owner's entire 
parcel, the area to be restricted, and important information which will vary depending 
on the purpose of the easement, (for instance: existing roads and trails, existing build-
ings, surface alterations, cultivated areas, cleared areas, vegetation notations, slope and 
elevation info, height of tree canopy in places, wetlands, special habitat features, public 
access areas, nearby public vantage points, etc.)













                                                        Project Planning       225



Conservation Plan

                                                Maine Coast Heritage Trust
                                                     A CONSERVATION PLAN
                                  (Prepared from the conservation checklist set forth above)
                                                                   for
                                                        [Name of Parcel]
                                                          [town ], Maine

                     Background.
                     The [landowner] wishes to donate a conservation easement on the [ ]-acre farmstead 
                     parcel to [land trust]. This parcel includes the family's house and some outbuildings. It is 
                     surrounded by land already conserved by his father in 1989 under a conservation ease-
                     ment held by [land trust]. [Landowner] wishes to ensure that the scenic character of this 
                     saltwater farm is not compromised by a future owner building a prominently visible house 
                     that does not fit the rural character of this area. [Landowner] also needs to reduce the 
                     property's value for estate tax purposes; he faces an onerous estate tax bill.

                            * the dominant purpose of this easement is to enhance protection of the highly 
                              scenic nature of the [name of property] saltwater farm as viewed from the 
                              Sasanoa River and adjacent conserved lands. 

                     Conservation Goals. 
                     The goals section lays out the conservation values to be protected. This becomes the 
                     Purpose and `Whereas Clauses' of a conservation easement. The conservation values or 
                     features to be protected here include the following:

                            * Highly scenic nature of a traditional saltwater farmstead as viewed from the 
                              Sasanoa River and adjacent conserved land. 

                            * Complements scenic values of existing conserved lands that surround the 
                              Protected Property.

                     Future Land Uses. (The following sections A-G become restrictive covenants within the 
                     easement.)

                       A.  GENERAL.
                              This easement would limit the property to its current use as a single family resi-
                              dence with the same number of outbuildings. It is important to both [landowner] 
                              and [land trust] that any renovations or additions to the residence, barn, and boat-
                              house are in keeping with the character and appearance of the existing structures. 





                                 226     Evaluating and Selecting Conservation Projects        



                                                                                               Conservation Plan


     Industrial uses or quarrying and mining activities would be prohibited. Also prohib-
     ited would be apartment buildings, multi-family residential units, motels, hotels, 
     commercial campgrounds, landfills, junkyards, exterior high intensity lights, parking 
     lots, and antennae or apparatus for telecommunication or radar which are visible 
     from public vantage points. 

B.  DIVISION OF THE PROPERTY.
     The owner does not wish to see this lot further subdivided, even if permitted under 
     local zoning. 

C.  PERMITTED STRUCTURES.
     Existing structures on the property include the following: a residence with attached 
     shed, boathouse, abandoned outhouse, temporary greenhouse, and stone steps 
     down the shoreline embankment to the tidal inlet [name of cove]. 

     [Landowner] would like to reserve the right to build a detached sunporch or 
     gazebo, with a footprint not to exceed 250 ft². No other structures would be 
     permitted. 
     [Landowner] would like to reserve the right to maintain the residence and make 
     minor additions, such as adding dormers and possibly a small sun room. The 
     height of the house should never exceed its current height. The footprint could be 
     expanded by a maximum of 30%, to the north, south, or east of the house, but not 
     to the west toward the shoreline. 
     [Landowner] wishes to replace the shed with a breezeway and barn. The footprint 
     of the barn could be shifted slightly to be in line with the house. The footprint of 
     the barn could also be expanded by a maximum of 30% over the footprint of the 
     existing shed. The second floor of the barn might be used as a guest quarters. 
     [Landowner] would want to reserve the right to attach a greenhouse to the barn. 
     The boathouse is within the shoreland zone, and could be renovated within its 
     current footprint if local zoning permits it.
     [Landowner] would like to reserve the right to install either above-ground or under-
     ground power to the boathouse, which presently has no power.
     The outhouse structure is within 50 ft of the shoreline. [Landowner] will either 
     remove the outhouse structure entirely or let it fall down and remove all the mate-
     rials, but not rebuild it. 
     [Landowner] might want to construct a small stone platform/patio along the shore 
     at the base of the existing stone steps. He may also realign the existing stone 
     steps.




                                                       Project Planning       227



Conservation Plan


                     D.  SURFACE ALTERATIONS.
                          Existing surface alterations include the following: an unpaved driveway entering 
                          the property from the north and parking area behind the house and shed, and a 
                          narrow unpaved driveway to the boathouse from the main driveway near the house. 
                          [Landowner] would like to reserve the right to maintain and even pave the main 
                          driveway, and to maintain but not pave the drive to the boathouse. He has no wish 
                          to see any other roadways on the property. He wants to reserve the right to create 
                          footpaths. 
                          [Landowner] would like to reserve the right to create gardens. 
                          He would also like to reserve the right to replace the existing septic system. Any 
                          replacement system would be located in front of (south) of the existing house. The 
                          existing septic system is just northwest of the residence along the south side of a 
                          ravine that drains to [name of cove]. 
                          [Landowner] would also like to be able to drill a well on this property if needed in 
                          the future; water currently comes from a spring off the property. 
                          As described above, [landowner] would reserve the right to excavate the surface 
                          for the purpose of installing above-ground or underground power to the boathouse.
                          It may be desirable to rework part of the existing steep embankment along the 
                          shoreline of [name of cove]. [Landowner] would like to reserve the right to exca-
                          vate and add fill only to the degree necessary to accomplish erosion control along 
                          a ditch that empties over the embankment. 

                     E.  VEGETATION MANAGEMENT.
                          Most of the property consists of open lawn/field around the house. There is a 
                          narrow strip of tall white pines along the shore of the inlet, and some woodland in 
                          the northwest corner of the lot behind the boathouse and at the south end of the 
                          lot. The owner would have the right but not the obligation to keep the lawn/field 
                          mowed, and to plant trees, shrubs, and other plants for gardens or agricultural 
                          purposes. If the existing white pines fall naturally, they need not be replanted. The 
                          owner may plant shrubs along the shoreline embankment, or let it revegetate natu-
                          rally, but is not obligated to replant trees. He would also reserve the right to thin 
                          the woodlands, provided such activity conforms to shoreland zoning standards. He 
                          would also reserve the right to harvest dead or diseased trees or trees that present 
                          a safety hazard.

                          The use of potentially harmful substances (e.g, insecticides, pesticides, fungicides, 
                          herbicides, fertilizers, etc.) should be limited so as not to have an adverse effect 
                          on wildlife habitat or water quality.





                             228         Evaluating and Selecting Conservation Projects        



                                                                                               Conservation Plan


 F.  WASTE DISPOSAL.
      Discharge of wastewater into wetlands, streams, or the tidal inlet would be prohib-
      ited. Offensive or hazardous waste material should not be dumped or stored; 
      organic compost and vegetative waste, however, is not a problem.

 G.  PUBLIC ACCESS.
      [Landowner] is not granting the public access to this property. He or any future 
      owners may grant the public access, but that access is at the owner's discretion. 


Administrative Provisions.
      For an easement document to be most effective, it addresses a number of issues 
      that will guide the future relationship between the landowners and the easement 
      holder. The most common administrative provisions are summarized below:

 A.  BOUNDARY MAINTENANCE.
      It would helpful if the owner maintained the boundaries or agreed to restore them 
      at some time in the future if it were important to [land trust] monitoring of the 
      easement. [Land trust] reserves the right to require additional surveys if a prohib-
      ited land use is close to a boundary and only a survey can resolve the question of 
      whether the easement has been breached.

 B.  BASELINE DATA.
      [Land trust] will prepare an inventory of the property's relevant features and condi-
      tions, known as the baseline data. This may include surveys, photographs, slides, 
      ecological information, maps, deeds, etc. Any historical information about the 
      property might be helpful to include. The baseline data is used as a starting point 
      in comparing and evaluating future changes.

 C.  PRIOR NOTIFICATION/APPROVAL.
      Prior written notification by the Grantors [landowner], and approval by the ease-
      ment holder [land trust], are often required for some permitted uses and struc-
      tures to ensure that the conservation values protected by the easement are 
      upheld.

 D.  MONITORING AND ENFORCEMENT.
      After making reasonable efforts to notify the landowners, the easement holder 
      [land trust] has the right to enter the property (at reasonable times and in a 



                                                       Project Planning       229



Conservation Plan


                           reasonable manner) for purposes of monitoring and upholding the restrictions in 
                           the easement. [Land trust] will be required to notify the landowners and give them 
                           a chance to correct any violations. 

                      E.  COSTS, TAXES, AND INDEMNIFICATION.
                           Recognizing that the easement holder is not the owner of the property, the land-
                           owner agrees to pay all real property taxes and bear all costs and responsibility 
                           for upkeep of the property. In addition, the landowner indemnifies the easement 
                           holder from any claims for damages except those that arise from negligence or 
                           misconduct of the easement holder. This is because the easement holder has no 
                           management control over the land but might be sued by an injured person simply 
                           because its name is on the deed.

                      F.  GRANT IN PERPETUITY AND TRANSFER OF OWNERSHIP.
                           The conservation easement will run with the title to the property and be binding 
                           on all future owners. The landowner agrees to notify the easement holder of any 
                           change in ownership.

                      G.  TRANSFER OF THE CONSERVATION EASEMENT.
                           The easement holder reserves the right to transfer the easement to another 
                           qualified conservation entity (e.g., a land trust in the same town if one is ever 
                           established). 


                     Other.
                           If the grantor is planning to take an income tax deduction for their charitable gift, 
                           the IRS requires all parties with liens or mortgages on the property to subordinate 
                           to the easement so that it will not be extinguished in the event of foreclosure. 
                           There are no liens/mortgages on the property.













                               230    Evaluating and Selecting Conservation Projects        



                                                                                     Project Planning Template  

                       PROJECT PLANNING TEMPLATE
Note: Some of this information will already have been gathered through the site inspec-
tion and project selection processes for board approval, and is included here. For some 
organizations, the site inspection form and the project planning form may be the same 
document.

Summary of Site Inspection/Project Planning Template

Land Trust Mission:  _________________________________________________
________________________________________________________________

Person responsible/lead contact for the project: _____________________________
________________________________________________________________

Board approval for the project (attach information sent to the board and resolution):
________________________________________________________________

Project information
Is the proposed project:
          A donation of conservation easement?
          A proposed bargain sale of a conservation easement?
          A proposed sale of a conservation easement at fair market value?
          A donation of the fee interest in land?
          A proposed bargain sale of the fee interest?
          A proposed sale of the fee interest at fair market value?

What are the possibilities for funding the purchase? Discuss.
________________________________________________________________
________________________________________________________________

What is the estimated time period for raising the funds necessary for the purchase?
________________________________________________________________

Landowner information
Landowner Name(s):  ________________________________________________
Address: _________________________________________________________
Phone number: ____________________________________________________ 
Email address: _____________________________________________________
Fax: _____________________________________________________________   
Cell phone: _______________________________________________________
Farm/land manager name: ____________________________________________

                                                          Project Planning    231



Project Planning Template  


                    Contact information:
                    How long has the landowner owned the land? 
                    Who will be the key decision-makers regarding this land protection project-will the land-
                    owners involve other family members, etc.?

                    Current restrictions on the land
                    Has the landowner leased any/all of the land?______________________________
                    If so, to whom and for how long? ________________________________________ 
                    Are there any deeded or right-of-way restrictions on the land? ___________________
                    If so, where on the land?  _____________________________________________
                    Can the landowner provide you with a copy of these restrictions?  ________________
                    Is the land subject to special use valuation? _______________________________

                    Location/site characteristics (tailored to the project selection criteria)
                    Town/county where land is located: ______________________________________
                    Acreage involved: ___________________________________________________
                    Is this all the land owned by the landowner in the region? ______________________
                    What are the topographic characteristics of the land? (Attach a copy of a topographic 
                    map.)  ___________________________________________________________
                    ________________________________________________________________
                    What watershed is the property in, draining to where? Is it part of a public water supply 
                    or public waterbody/watershed (i.e., drains into the ___ River, a publicly accessible 
                    river)? ___________________________________________________________
                    What is the vegetative cover like on the land? (Attach a copy of a recent aerial photo-
                    graph.)  __________________________________________________________
                    Coniferous forest? __________________________________________________ 
                    Deciduous forest? __________________________________________________ 
                    Fields? __________________________________________________________
                    Wetlands?   _______________________________________________________
                    Wet meadows?  ____________________________________________________
                    Are there any important wetlands, waterbodies, etc.? (Attach a copy of any related 
                    wetland maps, surveys, if available. This information can also come from the aerial 
                    photographs, topographic maps, etc.) ____________________________________
                    Does the land contain farmland soils of local, statewide or national importance? (If yes, 
                    attach a copy of the relevant soil map.) ___________________________________
                    Has the land been actively logged in the past 25 years? Logging information of note?
                    Is the land currently under agricultural use? If so, clarify what kinds.  ______________
                    Any other information of note? _________________________________________
                    ________________________________________________________________





                               232    Evaluating and Selecting Conservation Projects        



                                                                                      Project Planning Template  


Are there wildlife species of particular note that reside on the property (check Natural 
Heritage Inventory maps, refer to local information)?  _________________________
Are there habitat types of note that could provide habitat for important species (check 
biological assessment manuals for likely occurrence for habitat types, e.g. this type of 
ridgeline is cited in the Journal of "y" as prime habitat for "x" species)? ____________

Public views, zoning, development pressure
How much road frontage exists on the property, and on what public or private roads?
What is the current zoning (if any) for the property? __________________________
Is there development activity in the area that could render the conservation of this prop-
erty obsolete? _____________________________________________________
What are the adjacent land uses? _______________________________________
________________________________________________________________
________________________________________________________________

What will the zoning permit for adjacent lands? _____________________________
________________________________________________________________
________________________________________________________________

How does the property fit within any adopted local master or comprehensive plan?
________________________________________________________________
________________________________________________________________

Structures/cultural information
How many residential structures are currently on the land? _____________________ 
What is their approximate size? _________________________________________
Are they all owned by the landowner? ____________________________________
Is there a survey for the property? _______________________________________ 
If so, can the landowner send you a copy? _________________________________
When was the survey completed? _______________________________________ 
Is it for the property's boundary? ________________________________________
Other survey details? ________________________________________________
What other structures exist on the land? __________________________________
Are there historic structures or historic artifacts of record or based on local knowledge 
that you should know about? Cemeteries, Native American burial grounds, cellar holes, 
historic battlefields, etc.? _____________________________________________
Are there public access points, trails or potential public access issues associated with 
the property? ______________________________________________________






                                                        Project Planning       233



Project Planning Template  


                    Landowner goals 
                    (NOTE: this information may be obtained later, in different conversations over time)
                    What are the reasons the landowner wishes to protect the land? _________________
                    ________________________________________________________________
                    ________________________________________________________________
                    For easement projects: does he/she plan to sell any of the property within the next five 
                    years (if so, what portion)? ____________________________________________
                    For fee acquisition purchases: does he/she need to sell the land within a specific 
                    timeframe?
                    ________________________________________________________________
                    For easement projects: is there a desired timeline/time to protect the land? ________
                    If a donation or bargain sale, is the landowner likely to request a tax deduction? _____
                    Does he/she have an attorney/landowner advisor? If so, who?
                    ________________________________________________________________
                    Phone:  __________________________________________________________ 
                    Fax: _____________________________________________________________ 
                    email: ___________________________________________________________
                    Are there children involved in the property? ________________________________
                    If so, how? ________________________________________________________
                    For fee acquisitions: does the landowner wish to continue use of the land or desire to 
                    influence the use of the land? __________________________________________
                    ________________________________________________________________
                    Explain any specific/noteworthy conservation goals that would result in a deviation from 
                    the model conservation easement or from the land trust's standard fee land management 
                    goals.  ___________________________________________________________
                    ________________________________________________________________
                    ________________________________________________________________
                    ________________________________________________________________

                    Did you explain to the landowner that this is unusual, and that the organization would 
                    have to assess if, and how, these goals could be achieved?  ____________________

                    Organizational outreach/clarity
                    Have you explained the land trust's overall conservation goals and its general conserva-
                    tion philosophy?  ___________________________________________________
                    For easement projects: have you reviewed the model conservation easement with the 
                    landowner? _______________________________________________________
                    For fee acquisition purchases: have you explained the process for raising funds and clos-
                    ing the project? ____________________________________________________





                               234    Evaluating and Selecting Conservation Projects        



                                                                                     Project Planning Template  


For easement projects: did you explain, using a sample baseline documentation report, 
what a baseline report would look like, and how the landowner would be involved in the 
process of its creation?  ______________________________________________
For fee acquisitions: did you explain that a land management plan will be developed for 
the property and its conservation values prioritized for preservation? ______________
Does he/she understand the land trust's organizational capacity, and thus its prioritiza-
tion of restrictions for the land?  ________________________________________
If the landowner wished to conserve the land with restrictions the land trust is unable to 
provide, did you discuss other possible partners? Which organizations did you discuss?
Did you discuss the land trust's commitment to long-term easement/land stewardship 
and the requested/required stewardship contribution?  _______________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

Sketch map
For easement projects: when did you agree to send the landowner a sketch map and 
draft conservation easement? __________________________________________
For fee acquisition purchases: when did you agree to send the landowner a draft 
purchase contract?  _________________________________________________
(Attach sketch map, etc. when completed.)
For easement projects: when did the landowner approve the final sketch plan, and thus 
initiate the creation of the final conservation easement map? ___________________

Process timeline
Have you generally mapped out the turn-around-time the land trust needs to complete 
the process within the landowner's stated timeframe?  ________________________
What were the benchmarks agreed upon? _________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________




                                                       Project Planning       235



       Check Your Progress
       Before finishing this chapter, check to see that you can:
                Develop an evaluation process for land conservation projects 
              that is consistent and systematic, relating to the organization's 
              mission, goals and capacity;
                Understand the link between project planning, project negotia-
              tion and landowner education;
                Affirm and summarize how the project meets the land trust's 
              mission and goals, and public benefit test;
                Utilize the site inspection information as part of the project 
              planning process, including developing a clear sense of the prop-
              erty's conservation values;
                Create/identify systems, a series of questions and tools that 
              help evaluate possible immediate and long-term threats and/or 
              opportunities to the conservation values;
                Consider various conservation planning tools, relate them to 
              your land trust's goals and organizational capacity, and confirm 
              the most appropriate conservation strategy for the property;
                Evaluate the land trust's capacity to undertake the project and 
              fulfill any long-term stewardship obligations; and
                Provide a written summary or plan regarding the land trust's 
              conservation priorities on an individual project that will clearly 
              inform the conservation easement drafting or land acquisition 
              process, and document key questions and decisions.

       As a result of studying the material in this course, there are many things 
  that you will want to share with the rest of your land trust. The following 
  list of next steps and the To-Do Sheet will help you plan your strategy.
















236        Evaluating and Selecting Conservation Projects        



Notes







































         Project Planning    237



       Action Plan
       Next Steps
       To apply what you've learned from this training to improve the operation 
       of your land trust, you should:
         1.  Create a written project selection process that addresses the steps 
                discussed in chapter 1, and create written project selection criteria 
                that include: 
                *    Consideration of the public benefit of a transaction; 
                *    The Internal Revenue Code's conservation purposes test and 
                     other conservation values; 
                *    Analysis of your land trust's mission statement, goals and stra-
                     tegic plan;
                *    Analysis of organizational capacity issues; and 
                *    Analysis of feasibility issues, while retaining the board's dis-
                     cretionary authority. 
                If your land trust already has these written policies and forms, 
                consider revisiting and perhaps refining them based upon the 
                content of this course. Working through the Putting It into Practice 
                exercise in chapter 1 (page 52) will help your land trust save time in 
                creating its own project selection criteria.
         2.  Ensure that your land trust has practices and policies in place that 
                require all land transactions to provide a public benefit. Using the 
                template from chapter 2 (page 114), create a form or policy for your 
                land trust that addresses these important issues.
         3.  Create a written site inspection form or consider revisiting and 
                refining your existing form based upon the materials contained in 
                chapter 3. Working through the Putting It into Practice exercise in 
                chapter 3 (page 137) can help your land trust adopt or revise its site 
                inspection form. Also, see the project planning template in chapter 4 
                (page 231).
         4.  Ensure that your land trust has a method for creating a project 
                plan for each project that conforms to your organization's staff 
                and/or volunteer capacity and achieves the goals of project plan-
                ning. Use the project planning template in chapter 4 (page 231) as 
                a basis for creating your own project plan format. Adopt a policy or 
                procedure reflecting how your organization prepares a project plan in 
                accordance with the discussion in chapter 4.





238           Evaluating and Selecting Conservation Projects        



To-Do Sheet
Use this sheet to record any "to dos" that occur to you during the course. 
Be specific with the action item and date by which you hope to accom-
plish this task.

Evaluating and Selecting Conservation Projects
  To Do                           Who is Involved                                By When




































                                                          Action Plan     239






Glossary
Affirmative  rights  (1)  Easement  provisions  that  require  the  property 
owner to maintain the resources protected by the easement (e.g., mow 
a field to keep open a view) or that require the land trust to maintain 
if the owner does not. (2) Rights granted to the land trust to perform 
physical acts on the property (e.g., build a trail or access the property for 
monitoring).
Conservation purposes is one of the four conservation purposes set forth 
in §170(h) of the Internal Revenue Code, as further defined in §1.170A-
14(d) of the Treasury Regulations.
  1.  The preservation of land areas for outdoor recreation by, or the 
       education of, the general public;
  2.  The protection of a relatively natural habitat of fish, wildlife, or 
       plants, or similar ecosystem;
  3.  The preservation of open space (including farmland and forest 
       land) where such preservation is:
         a. for the scenic enjoyment of  the general public; or
         b. pursuant to a clearly delineated Federal, State, or local   
              governmental conservation policy, and 
         c. will yield a significant public benefit; or
  4. The preservation of an historically important land area or a certi-
       fied historic structure.
Land management plan A plan that identifies the resources and processes 
on the property that are to be protected and promoted, determines what 
actions  to  take  or  avoid,  and  designates  who  shall  accomplish  those 
objectives.
Local comprehensive or master plan Land use plans adopted by commu-
nities in order to help guide growth and development to protect impor-
tant physical, natural or human resources. 
Organizational  strategic  plan  The  product  of  a  disciplined  effort  to 
produce fundamental decisions and actions that shape and guide what 
an organization is, what it does, and why it does it, with a focus on the 
future.  In  a  typical  planning  process,  the  land  trust  board  develops  a 
common vision of what it wants the organization to become. From there 
it establishes the land trust's overall mission or purpose. Then it estab-
lishes goals to achieve the mission, and activities that will begin to achieve 
the goals.



  Private Benefit occurs when a tax-exempt organization provides more 
  than an "incidental" benefit to a non-insider. Although charitable orga-
  nizations such as land trusts may provide benefits to private individu-
  als, federal tax-exempt law prohibits more than an "incidental" benefit. 
  The IRS prohibition on private benefit is absolute. Incidental benefits 
  are considered to be those benefits that are insubstantial when measured 
  in  the  context  of  the  overall  public  benefit  conferred  by  the  activity. 
       Incidental benefits occur as part of the nonprofit's public purpose and 
       activity, which cannot be achieved without benefiting some private indi-
  viduals.  For  example,  the  incidental  benefits  to  an  adjoining  property 
  owner that typically result from a conservation easement both fall within 
       the land trust's mission and are insubstantial in the context of the overall 
       benefit of protecting the property. Such incidental benefits to the adjoin-
  ing property owner would not be considered a private benefit.
  Private Inurement occurs when a person who is an "insider" to the tax-
  exempt organization, such as a director or an officer, derives a benefit 
  from the organization without giving something of at least equal value 
  in return. The IRS prohibition on inurement is absolute. The IRS also 
  imposes penalties on directors, officers, key employees, and other insid-
  ers  who  engage  in  transactions  that  confer  an  excess  benefit  on  the 
  individual.
  Project plan The product of a process that brings together the goals of 
       the land trust and the landowner to ensure the best protection strategy 
  for a property. The project plan becomes the guide for the next steps in 
       the protection process.
  Reserved rights The rights to use or develop the property reserved by the 
  landowner under the terms of the conservation easement.
  Stewardship  (1) Those  steps  necessary  to  uphold  a  conservation  ease-
  ment in perpetuity, including the creation of baseline documentation, 
  regular monitoring, maintaining landowner relations including succes-
  sor generation landowners, addressing amendments, and enforcing ease-
  ments. (2) Those steps necessary to undertake the many responsibilities 
       of managing a fee-owned property in perpetuity.
  Strategic conservation plan A process that produces tools to aid deci-
  sion makers in identifying, prioritizing, pursuing, and protecting those 
       specific tracts of land that will most effectively and efficiently achieve the 
       land trust's mission.






242        Evaluating and Selecting Conservation Projects        



Index

affirmative rights  180                                    organizational capacity  21, 24, 45, 46, 96, 166, 168, 
                                                            175, 187, 194, 235, 236, 238
baseline documentation report  111, 144, 235               organizational strategic plan  31, 241
biological inventory  134­5
Board Approval of Land Transactions  28, 105, 131          private benefit  100, 101, 103, 105, 107, 108, 110, 
                                                            111, 116, 120, 242
capacity  12, 21, 24, 36, 37, 43­6, 57, 92, 96, 110,       private inurement  100, 101, 103, 105, 107, 108, 110, 
 165­75, 180, 181, 187, 194, 195, 235, 236, 238             111, 120, 242
charitable trust laws  99, 101                             project planning  2, 7, 8, 12, 17, 18, 148,  165­75, 
Colorado Open Lands  2, 59, 60­3, 84, 117, 146­8,           178, 180, 181, 183, 184, 187, 189­91, 194, 195, 
 154, 244                                                   201­225, 231­5, 238
Columbia Land Conservancy  194, 196, 244                   project selection criteria  6, 11, 18, 21, 29­31, 39, 46, 
conservation purposes  12, 18, 34, 35, 54, 60, 62, 99,      47, 50, 52, 57, 60­2, 64, 84, 96, 99, 100, 120, 135, 
 100­109, 112, 114, 117, 118, 119, 120, 131, 134,           148, 167, 188, 232, 238 (see also selection criteria)
 143, 146, 147, 186, 211, 238, 241                         public access  32, 81, 86, 90, 106, 111, 177, 180, 181, 
conservation values  12, 16, 21, 22, 29, 32­9, 42, 44,      184, 186, 225, 229, 233
 45, 54, 55, 60, 61, 64, 77, 79, 82, 96, 101, 105,         public benefit  11, 12, 16­8, 21, 25, 29, 31, 34, 35, 47, 
 110, 111, 118, 119, 123­6, 131, 140, 143­7, 155,           54, 57, 62, 77, 79, 88, 96, 99, 100­12, 114­6, 118­
 162, 165, 166, 168, 180­2, 188, 190, 191, 212,             20, 124, 126, 131, 135, 143, 165, 236, 238, 241, 242
 226, 229, 235, 236, 238
                                                           recordkeeping  24, 46
Environmental Assessment  128, 136, 148, 156               records policy  46, 127, 128
environmental due diligence  128, 148                      reserved rights  16, 44, 51, 53, 55, 62, 91, 110, 129, 
                                                            177, 185, 190, 211, 213, 215, 217
hazardous waste  27, 33, 74, 82, 123, 126, 129, 141,       Rocky Mountain Elk Foundation  59, 68
 148, 162, 229
                                                           scenic resources, inventory of 134, 135
Internal Revenue Code §170(h)  6, 12, 16, 34, 35,          selection criteria  11, 12, 16, 18, 21, 22, 24­6, 29­31, 
 54, 60, 99, 100­103, 106, 107, 109, 111, 120, 131,         36, 37, 42­4, 46­8, 50­2, 55, 57, 60, 61, 82, 96, 
 134, 145, 146, 147, 186, 238, 241                          99, 100, 104, 106, 107, 120, 123, 124, 131, 132, 
IRS Treasury Regulations §1.170A-14  12, 35, 103,           135, 140, 162, 166, 167, 174, 175, 188, 232, 238
 118, 120, 241                                             selection process  11­13, 15, 16, 17, 21­29, 34, 35, 
                                                            39, 40­8, 51, 57, 59, 62, 76, 96, 104, 108, 109, 
Lancaster Farmland Trust  60, 93                            117, 119, 125, 130, 135, 166, 168, 169, 171, 172, 
Land Management Plan  7, 66, 67, 134, 135, 170,             174, 176, 179, 180, 238
 173, 174, 235                                             site inspection  16, 25, 135
Land Trust Standards and Practices  4, 11, 13, 15, 16,     site inspection form  18, 59, 124­7, 137, 146, 148, 
 21, 22, 23, 29, 30, 37, 43, 60, 99, 123, 165, 171,         162, 231, 238
 175, 180                                                  Society for the Protection of New Hampshire Forests  
limited development  154                                    59, 72, 148, 149
Little Traverse Conservancy  40, 41, 244                   South County Conservancy  60, 95
                                                           stewardship  25, 44, 45, 55, 58, 65, 70, 77, 94,  
Maine Coast Heritage Trust  171, 172, 194, 195,             224, 242, 244
 201, 226                                                  strategic conservation plan  17, 30, 34, 37­40, 52,  
mission statement  17, 37­9, 41, 42, 52, 61, 105,           53, 60
 112, 238
                                                           Tall Timbers Research Station and  
Natural Heritage Inventory  73, 123, 127, 162, 233          Land Conservancy  131
Nature Conservancy, The  127, 148, 156, 193                Trust for Land Restoration  41

Oconee River Land Trust  59, 60, 76, 79                    Vermont Land Trust  6, 50, 51



            Evaluating and Selecting Conservation Projects

Lead Author · Jane Ellen Hamilton is an attorney             Peer  Reviewer  ·  Ole  M.  Amundsen  III  is  a 
and  consultant  for  numerous  land  conservation           consultant in land conservation and a visiting lecturer 
organizations  across  the  United  States,  negotiating     at the Department of City and Regional Planning at 
conservation easements and establishing conservation         Cornell University in Ithaca, New York. Ole focuses 
easement  and  stewardship  programs.  She  is  a            on assisting land trusts to achieve their full potential 
senior faculty member for the Land Trust Alliance,           by  helping  them  create  strategic  conservation  plans 
presenting courses on all aspects of land conservation       that articulate their conservation vision and use their 
transactions  at  the  National  Land  Conservation          resources effectively, as well as expand the resources 
Conference:  Rally  and  regional  conferences.  Jane        available for land conservation in their regions. Ole is 
Ellen also teaches the Land Conservation Leadership          the author of the "Strategic Conservation Planning" 
Program course "Conserving Land with Conservation            course  for  the  Land  Trust  Alliance  as  part  of  the 
Easements"  for  the  Land  Trust  Alliance  and  The        Maine Coastal Protection Initiative. He is a frequent 
Conservation  Fund,  and  she  presents  and  teaches        Rally  speaker  and  contributor  to  Exchange.  Ole 
courses  on  land  conservation  at  other  conferences      holds  a  Master of  Science  degree  in  City  Planning, 
and  continuing  legal  education  seminars  across  the     concentrating  in  Environmental  Policy,  from  the 
country and in Canada.                                       Massachusetts Institute of Technology (MIT) and a 
                                                             B.A. in Government from Colby College.
Author  ·  Jonathan  W.  Moore  is  the  Director 
of  Land  Protection  for  Colorado  Open  Lands  and        Peer  Reviewer · Judy Anderson assists nonprofit 
coordinates  the  organization's  land  protection           organizations  on  strategic  conservation  initiatives 
programs,  including  the  Community  Conservation           incorporating  local  communities,  governance, 
Program,  the  Landowner  Assistance  Program,               communications, and fundraising. Prior to this work, 
the  Government  Assistance  Program,  and  the              she served as executive director of the Columbia Land 
Land  Protection  Fellowship  Program.  Jonathan             Conservancy  for  10  years  during  which  time  CLC 
facilitates conservation real estate projects including      grew  from  a  staff  of  three  to  18,  managing  more 
agricultural  and  open  space  easements,  1031  tax-       than 200 public conservation areas and conservation 
free  exchanges,  donations,  bargain  sales,  and           easements.  Judy  teaches  courses  on  conservation 
conservation  development  projects  with  private           easement drafting, agricultural easements, easement 
landowners, nonprofit groups, government agencies,           stewardship,  rural  design,  and  community-based 
and  communities.  Prior  to  joining  COL,  Jonathan        conservation. 
worked  for  more  than  16  years,  both  publicly  and      
privately,  on  land  planning/development  projects.        Peer Reviewer · Anne Murphy is the Director of 
Jonathan  has  a  master's  degree  in  Community  and       Stewardship and Conservation Resources at Western 
Regional Planning and is accredited by the American          Reserve  Land  Conservancy.  Anne  is  responsible  for 
Institute of Certified Planners.                             developing and maintaining a custom GIS database 
                                                             used  in  conservation  planning  and  land  protection 
                                                             efforts. She developed the Anchor Strategy, a parcel-
                                                             based land prioritization model that identifies anchor 
                                                             areas of exceptional ecological value and size connected 
                                                             to  large  areas  of  preserved  lands  and  conservation 
                                                             easements. She also oversees the stewardship program 
                                                             and  manages  the  200  properties  totaling  9,000 
                                                             acres  that  WRLC  has  protected.  Prior  to  joining 
                                                             WRLC's  staff,  Anne  worked  for  the  Little  Traverse 
                                                             Conservancy (MI) and Cleveland Metroparks (OH). 
                                                             She  received  her  bachelor's  degrees  in  biology  and 
                                                             piano performance from Alma College and a graduate 
                                                             certificate in Geographical Information Systems from 
                                                             Cleveland State University.






                                Land Trust Standards and Practices Courses

Governance                                                            Land Protection

    Mission, Planning and Capacity                                        Evaluating and Selecting  
    How to Comply with Nonprofit Law                                      Conservation Projects
    and Create Sound Records                                              Acquiring Land and  
    Land Trust Boards: Preparing for                                      Conservation Easements
    Perpetuity                                                            Selling and Transferring Land  
    Avoiding Conflicts of Interest                                        and Conservation Easements
    and Running an Ethical Land Trust                                     Tax Benefits and Appraisals of 
                                                                          Conservation Projects
                                                                          Conservation Easement  
                                                                          Drafting and Documentation


Stewardship                                                           Strong Organizations

    Caring for Land Trust Properties                                      Ethical Fundraising for Land Trusts 
    Conservation Easement Stewardship                                     Financial Management of Land Trusts
    Managing Conservation Easements in                                    Determining Stewardship Costs  
    Perpetuity                                                            and Raising and Managing  
                                                                          Dedicated Funds





Lead  Author  ·  Jane  Ellen  Hamilton  is  an  attorney  and         Author  ·  Jonathan  W.  Moore  is  the  Director  of  Land 
consultant  for  numerous  land  conservation  organizations          Protection  for  Colorado  Open  Lands  and  coordinates 
across the United States, negotiating conservation easements          the  organization's  land  protection  programs,  including 
and  establishing  conservation  easement  and  stewardship           the  Community  Conservation  Program,  the  Landowner 
programs.  She  is  a  senior  faculty  member  for  the  Land        Assistance Program, the Government Assistance Program, 
Trust  Alliance,  presenting  courses  on  all  aspects  of  land     and  the  Land  Protection  Fellowship  Program.  Jonathan 
conservation transactions at the National Land Conservation           facilitates  conservation  real  estate  projects  including 
Conference: Rally and regional conferences. Jane Ellen also           agricultural  and  open  space  easements,  1031  tax-free 
teaches the Land Conservation Leadership Program course               exchanges,  donations,  bargain  sales,  and  conservation 
"Conserving  Land  with  Conservation  Easements"  for  the           development  projects  with  private  landowners,  nonprofit 
Land Trust Alliance and The Conservation Fund, and she                groups,  government  agencies,  and  communities.  Prior  to 
presents and teaches courses on land conservation at other            joining COL, Jonathan worked for more than 16 years, both 
conferences and continuing legal education seminars across            publicly and privately, on land planning and development 
the country and in Canada.                                            projects.  Jonathan  has  a  master's  degree  in  Community 
                                                                      and Regional Planning and is accredited by the American 
                                                                      Institute of Certified Planners.




                                                         Printed in Canada



