Stewardship FUNdamentals

1. Stewardship FUNdamentals Connecticut Land Conservation Conference March 15, 2014

2. Welcome & Overview • Summarize stewardship practices • Discuss critical components of stewardship • Talk about how to implement what we learn What are you hoping to learn about stewardship?

3. Stewardship. What do we mean?

4. Easement Stewardship • Stewardship Funding • Baseline Documentation • Easement Monitoring • Landowner Relations • Violation Resolution • Amendments • Record Keeping

5. Funding Easement Stewardship • Why are they needed? • Forever is a long time • Technical support needs • Determining funds • What are they for? • Not legal defense • Models for calculating • Raising funds (not just purchase price) • Landowner • Community • Grants • How are they managed • Have a policy 11a

6. Baseline Documentation (BDR) • Purpose • Timing • Tackling the Backlog • Current Conditions Reports • Completing future BDR’s 11b

7. Easement Monitoring • Purpose • Who monitors • When/How often • Keeping track • Procedures/training 11c

8. Easement Monitoring (cont.) • Monitoring forms • Property name • Date • Name of monitor • Observations • Description of area monitored or route • No change observed • Conditions (weather, method of travel) • Affiliation/address of monitor • Presence/absence of landowner 11c

9. Landowner Relations • Benefits of relationship building • Partners • Technical assistance • Financial assistance • Succession • How do you find out? • Tracking ownership changes • Welcome to your land trust • Develop procedures 11d

10. Violation Resolution • Landowner vs. 3rd party violations • Have a policy & set of procedures • Assessment • Roles & Responsibilities • Timing and nature of communication • Documentation! • Discovery • Documentation • Review • Resolution 11e

11. Amendments • Summary • Strengthening easement • Improving enforceability • Adding acreage • Have a policy and set of procedures • Circumstances to consider • Roles & responsibilities • Amendment principles • Public interest and mission • Comply w/federal, state, local laws • Not jeopardize tax exempt status • Consistent with purpose and intent • Procedures specific to type of amendment 11i

12. Record Keeping • Irreplaceable Documents • Know where your originals are, protect them and make copies • What are they? • Legal agreements, deeds, easements, amendments • Critical correspondence • BDR’s • Monitoring reports • Title insurance or evidence of search • Appraisals • 8283 • Surveys* • Contracts/leases* 9g

13. Record Keeping • Have a records policy and procedures • Storage • Electronic • Paper • Separate Location • Fire proof cabinets/safe 9g

14. Easement Stewardship Discussion • Stewardship funding • Baseline documentation reports • Monitoring easements • Landowner relations • Violation preparedness • Amendments

15. Fee Land Stewardship • Stewardship Funding • Principles • Land Management • Administration • Monitoring • Community Outreach

16. Funding Fee Land Stewardship • Fee Land Stewardship • More resource intensive • Raising the funds • Calculating what is needed • Managing the funds 12a

17. Stewardship Principles • Guidelines for LT • Determines uses • Improvements • Future management 12b

18. Land Management • Developing a Plan • Data collection • Goals and strategies • Resources needed • Implementation schedule • Evaluation • Timing 12c

19. Administration • Insurance, taxes, budgeting • Related policies • Uses of fee owned land • Record keeping 12e

20. Monitoring • Boundary marking • Monitoring visits • Issue resolution • Talking to abutters 12d

21. Community Outreach • Being a good neighbor • Community reputation • Ambassadors for your land trust • Connection to the community 12f

22. Fee Land Stewardship Discussion • Management plans • Outreach • User challenges • Violation risk

23. Tools and Resources • Connecticut Land Conservation Council • Neighboring Land Trusts • Land Trust Alliance • Alliance Staff • Learning Center • Stewardship Forum • Terrafirma

25. What Terrafirma Covers • Defense against litigation regarding conservation easements and fee-owned land; • Enforcement of legal rights by conservation easement holders and fee-land owners when those respective rights are violated; • Fees for alternative dispute resolution, such as mediation fees, court filing fees, negotiation fees and the like for both defense and enforcement coverage; • Any appeals up to the policy limits; • Coverage is solely for litigation, mediation, negotiation and other dispute resolution expenses, and not for damages or the cost of corrective work on the ground. • A single-loss limit of $500,000 with a deductible of $5,000and a limit on all claims in a single year of $500,000.

26. 13 Eligibility Criteria • Good standing • Tax exempt • Complete baselines • Complete inventory for every parcel of fee-owned land • Annual monitoring easements • Regularly monitors fee-owned land • Land Trust Alliance member in good standing • No final judgments for bad acts • No on-going governmental investigation or inquiry • Operating at breakeven or has a plan to reach breakeven • General liability insurance • Implemented written records policy and secure record system • Actively building defense reserves

27. Cost & Discounts • Base premium $60 per • Risk management webinar - $1 off per • Good practices discount - $4 off per • Accreditation discount - $11 off per

28. Questions • Kevin Case, Northeast Director Land Trust Alliance 860.693.6533 kcase@lta.org • Becca Washburn, NE Conservation Manager Land Trust Alliance 802.793.3432 rwashburn@lta.org