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Requirements Manual

  • Resource Type: Toolkit
  • Required

Stewardship

Land trusts must practice responsible stewardship of conservation properties to uphold the promise of perpetuity, meet legal requirements for being a qualified holder, and to maintain its reputation in its community.

Alliance Resource Center Course

Introduction to Stewardship Requirements for Accreditation

This module explores the accreditation requirements for the Stewardship group, the documents needed for accreditation and how the Requirements can help you prepare a successful application

Requirements

  • The requirements for stewardship are separated into six subcategories.

  • Bold requirements highlight areas where land trusts face significant conservation, financial, operations, or reputational risks. Documentation proving these requirements are met is required or corrective action will be needed.

  • Requirements in non-bold font are just as important, but corrective action is situational and depends on risk.

Recommended Learning Paths:

I. Conservation Easement Monitoring and Conservation Property Inspections

11C2, 12C2

  1. Each conservation easement monitored once per calendar year. (Monitoring documented over accredited term at renewal; documented over last three years at first-time.)

  2. Each conservation property inspected once per calendar year. (Inspections documented over accredited term at renewal; documented over last three years at first-time.)

  3. Monitoring or inspection reports include the following:

    a. Monitoring/inspection date1

    b. Property monitored/inspected

    c. Name of monitor/inspector

    d. Observations related to property’s condition and conservation values

    e. For conservation easements, observations2 related to any potential conservation easement violations

    f. For conservation fee properties, observations2 related to any potential management/ownership problems3

    g. Date report completed Started in 2022

    (1For remote inspection or monitoring, reports include the date image captured, data source, and either a copy of the image or the permanent storage location of the images/photos.) Starting in 2027

    (2If observations in photos, reports must include the photos or the permanent storage location of the photos.) Starting in 2027

    (3Such as encroachment or trespass.)

  4. Monitoring and/or inspection reports completed within three months of the monitoring/inspection date. (For remote inspection or monitoring, the date of image capture and date of report recording land trust review of the imagery should generally fall within the same calendar year.)

  5. Monitoring and/or inspection methodology? sufficient to identify conservation easement violations or conservation property management/ownership problems. (?Method must be appropriate to the type of monitoring and inspections conducted, such as on-the-ground, aerial, remote sensing/satellite imagery, etc.)

  6. If using aerial or remote methods to monitor conservation easements or inspect conservation properties, on-the-ground visit occurs at least once every five years. Started in 2024 for conservation properties

  • 11C2. Monitor each conservation easement property at least once per calendar year; (a) If the land trust uses aerial monitoring, conduct on-the-ground monitoring at least once every five years, (b) Promptly document the annual monitoring activities for each conservation easement

  • 12C2. Inspect properties at least once per calendar year for potential management problems and promptly document the inspection

II. Conservation Property Management Plans

12B1

  1. Every conservation property has a management plan that includes the following:

    a. Date plan completed or updated Started with plans created or updated in 2022 and beyond

    b. Identification of conservation values? (?Such as cultural, natural, or community values.)

    c. Management goals

    d. Activities to achieve management goals

    If a first-time applicant has a management plan for each conservation property but one or more are missing some of the required content above, a feasible plan with strategies and timelines to upgrade the plans before its first renewal exists.

  2. Management plan has sufficient detail? to effectively protect and manage the property. (?Such as maps with location of key property features or specific activities, summaries of restrictions or donor/funder requirements that inform uses, maps that show property location and boundaries.)

  3. Management plan does not allow uses that adversely impact the conservation values and/or violate restrictions on the property.

  4. Management plans completed within 12 months of acquisition.

  5. Management plans updated? within 12 months of new parcels being added to the property. (?Such as with updated maps, new property information.)

  6. Relevant sections? of management plans generally updated after significant changes to the conservation values or natural features. (?Depending on nature of change [such as after wildfires, hurricanes], updates to sections on conservation values, management goals, activities to achieve goals, or maps.)

  • 12B1. Develop a written land management plan for each conservation property within 12 months after acquiring the land to: (a) Identify the property’s conservation values, including any significant cultural and natural features or those that have significant community value, (b) Identify the overall management goals for the property, (c) Identify activities to achieve the goals and to reduce any risks or threats to the conservation values, (d) Specify the uses that are appropriate for the property, in keeping with the property’s conservation values, any restrictions and donor or funder requirements

III. Conservation Easement Enforcement and Amendment Policies

11E1, 11H1

  1. Violation policy and/or procedures exist.

  2. Amendment policy and/or procedures:

  • a. Require amendments to have a net beneficial or neutral effect on the protected conservation values

  • b. Prohibit impermissible private benefit and private inurement

  • 11E1. Adopt a written policy and develop written procedures for documenting and responding to potential conservation easement violations

  • 11H1. Adopt and follow a written policy or procedure addressing conservation easement amendments that is consistent with the Land Trust Alliance Amendment Principles

IV. Conservation Easement Amendments and Extinguishments

11H1, 11J1

  1. Amendments generally consistent with the Land Trust Alliance Amendment Principles, including having documented the following:

    • a. Having a net beneficial or neutral effect on the protected conservation values

    • b. Not resulting in private inurement or impermissible private benefit

  2. Extinguishment actions are documented to show:

    • a. Followed conservation easement terms with respect to obtaining judicial or regulatory review (or obtained written legal counsel determination why judicial or regulatory review not needed)

    • b. Did not result in private inurement or impermissible private benefit

    • c. Took steps to avoid or mitigate harm to conservation values

    • d. Used any proceeds appropriately

    • e. Did not put land trust’s or land trust community’s reputation in jeopardy

  3. Board informed or involved as appropriate to scale of amendment or extinguishment.

  4. If co-held, co-holder involved in amendment or extinguishment according to terms of conservation easement or other agreement.

  • 11H1. Adopt and follow a written policy or procedure addressing conservation easement amendments that is consistent with the Land Trust Alliance Amendment Principles

  • 11J1. In the rare case that it is necessary to extinguish a conservation easement, in whole or in part, (a) Follow the terms of the conservation easement with respect to taking appropriate action and obtain judicial or regulatory review when required by law or specified in the easement deed, (b) Ensure there is no private inurement or impermissible private benefit, (c) Take steps to avoid or mitigate harm to conservation values and/or use any proceeds in a manner consistent with the conservation easement deed, (d) Consider the land trust’s actions in the context of its reputation and the impact on the land conservation community at large

V. Conservation Easement Enforcement and Conservation Property Management/Ownership

11E2, 12C3

  1. Conservation easement enforcement actions or actions taken to address management/ownership problems are documented to show the actions:

    • a. Were timely

    • b. Were consistent with conservation values and/or restrictions

    • c. Did not result in private inurement or impermissible private benefit

  2. Board informed or involved in resolution as appropriate to scale of violation or management/ownership problem.

  3. If co-held, co-holder involved in enforcement, management/ownership problem, or resolution according to terms of conservation easement, deed, or other agreement.

  • 11E2. Investigate potential violations in a timely manner and promptly document all actions taken

  • 12C3. Address management problems, including encroachments, trespass and other ownership challenges, in an appropriate and timely manner and document the actions taken

VI. Conservation Easement Stewardship Records

11B3, 11F3

  1. Significant changes to the land1 or changes to the conservation easement2 sufficiently documented3. (1Such as resulting from natural disaster or exercise of a permitted right.) (2Such as resulting from an amendment.) (3Such as with documentation that includes the date, written descriptions, and photographs and/or maps appropriate to the type and scale of change.)

  2. Substantive notices, approvals, denials, interpretations, and the exercise of significant permitted rights sufficiently documented, including written correspondence of the land trust’s decision.

  3. Documentation shows approved activities:

    • a. Are consistent with conservation easement purposes and terms

    • b. Do not result in private inurement or impermissible private benefit

  • 11B3. When there are significant changes to the land or the conservation easement (such as a result of an amendment or the exercise of a permitted right), document those changes in an appropriate manner, such as through monitoring reports, a baseline supplement or current conditions report

  • 11F3. Maintain a permanent record of all notices, approvals, denials, interpretations, and the exercise of any significant permitted rights