An Integrative Approach to Easement Monitoring

1. An Integrative Approach to Easement Monitoring vikramkrishnamurthy director of land conservation eastern shore land conservancy vkrishna@eslc.org www.eslc.org 19 may 2009

2. ESLC Stewardship Initiative Violations Risk Assessment Easement Monitoring Toolbox ESLC Monitoring Protocol General considerations for managing risk Specific practices to reduce risk

3. Eastern Shore Land Conservancy Founded in 1990 6 mid-shore counties: Cecil (south of Chesapeake-Delaware Canal), Kent, Queen Anne’s, Caroline, Talbot, Dorchester To date, preserved over 48,000 acres, ~250 properties protected through easement or acquisition assistance 3 preserves (ESLC-owned) Over 90% of easement co-held with MET

4. ESLC and Easement Stewardship Historically monitored easements every 2 years (odd-even) Monitoring mostly volunteer-based; assigned to individual staff; coordination 2005 Strategic Plan – Stewardship Initiative 2007 – LTA Accreditation pilot land trust 2007 – Hired first full-time stewardship position

5. This presentation is NOT: An approved guide to meeting LTA accreditation standards/criteria A strategy that will work for every land trust A time-tested approach A guarantee that methods will prevent all violations A final product

6. LTA Standards/Practices, Accreditation Indicator Practice 11.C (Easement Monitoring): “The land trust monitors its easement properties regularly, at least annually, in a manner appropriate to the size and restrictions of each property, and keeps documentation (such as reports, updated photographs and maps) of each monitoring activity.” (from LTA Standards & Practices)

8. ESLC Stewardship Initiative ESLC Strategic Plan approved by Board of Directors, 2005 Specific goals to: -Shift to annual easement monitoring -Assist partners with monitoring obligations -Assess portfolio for risk of violations -Adjust monitoring practices to minimize risk and improve stewardship

9. ESLC Stewardship Initiative Programmatic infrastructure: Easement portfolio/file review Database creation Integration of GIS data – not just maps Violations risk assessment

11. Risk Assessment Principles of Risk Management: Identify, characterize and assess threats Assess the vulnerability of critical assets to specific threats Determine the risk (i.e. the expected consequences of attacks on assets) Identify ways to reduce those risks Prioritize risk reduction measures based on a strategy

12. Risk Assessment 1. Identify, characterize and assess threats -Developed risk spectrum (based on LTA risk spectrum for amending easements) -Note overlap of categories and scoring

13. Risk Assessment 2. Assess the vulnerability of critical assets to specific threats -Easement/portfolio review, stewardship history -Apply risk criteria to easement characteristics

14. Risk Assessment 3. Determine the risk (i.e. the expected consequences of attacks on assets) -Apply risk “score” to derive rating of High, Moderate, or Low -Identify unique nature of risk (publicity, landowner, change of ownership, etc.)

15. Risk Assessment 4. Identify ways to reduce those risks -Assess tools in the monitoring toolbox and which are most effective for unique easement characteristics

16. Risk Assessment 5. Prioritize risk reduction measures based on a strategy -Developed ESLC monitoring protocol to apply to all easements based on risk rating Feedback mechanism: Update risk rating for all easements annually to revisit assessment

17. Easement Monitoring - Toolbox Landowner Communications (relationships, newsletters, mailings) Monitoring ownership status (SDAT review, disclosure, new owners) Full site visit (advantages, disadvantages) Other methods (aerial photo interpretation, windshield surveys, aerial monitoring) “People” resources (volunteers, staff, board, partners)

19. ESLC Monitoring Protocol Based on the results of the initial violations risk assessment, current organizational capacity for stewardship, monitoring methods and requirements for LTA accreditation, following is a proposed protocol for monitoring ESLC-held easements and preserves.

20. ESLC Monitoring Protocol – ALL EASEMENTS Annual review and update of stewardship files Annual landowner and property transfer research Annual aerial/satellite image inspection – update, review, file documentation Annual landowner communication by phone, stewardship newsletter, and additional mailings Annual review/update of easement risk rating Increased frequency of above actions as necessary

21. ESLC Monitoring Protocol – HIGH RISK Annual site visit/inspection and documentation performed by ESLC Stewardship Manager, with landowner or representative present Follow-up site visits, aerial monitoring, windshield inspections and more frequent landowner communication as necessary Site visit participation by representative of easement co-holder whenever possible

22. ESLC Monitoring Protocol – MODERATE RISK Annual site visit/inspection and documentation performed by ESLC Stewardship Manager or other Conservancy staff, with landowner or representative present whenever possible Follow-up site visits, aerial monitoring, windshield inspections and more frequent landowner communication as necessary Site visit participation by representative of easement co-holder whenever possible

23. ESLC Monitoring Protocol – LOW RISK Annual visual inspection via aerial monitoring and/or windshield survey Rotation of ESLC staff site visit/inspection every three years Supplemental site visits performed by ESLC volunteer easement monitors Follow-up site visits, aerial monitoring, windshield inspections and more frequent landowner communication as necessary

24. ESLC Monitoring Protocol – ESLC Preserves At least quarterly site visit/inspection performed by ESLC Stewardship Manager or other Conservancy staff Ensure proper signage as appropriate Maintain implementation progress of long-term management plans More frequent site visits and neighbor communication as necessary

25. ESLC Monitoring Protocol – Additional Partner Obligations Meet/exceed monitoring requirements for federal, state and local programs and co-held easements Continue ongoing communication with county planning staff to ensure notice from the counties in case of building/development permit applications on protected land. Perform annual site visit/inspection for all federally-funded projects Ensure that state program requirements are met (Rural Legacy Program 3-yr cycle, MET joint monitoring visit 5-yr cycle)

26. References Bouplon, Renee J., and Benda Lind, Conservation Easement Stewardship, Land Trust Alliance, 2008. Land Trust Alliance, Amending Conservation Easements: Evolving Practices and Legal Principles, Land Trust Alliance, 2007. Land Trust Alliance, Land Trust Standards and Practices, Land Trust Alliance, revised 2004. Pritchard, Carl L. Risk Management: Concepts and Guidance, Taylor and Francis, Inc., 2005.

27. An Integrative Approach to Easement Monitoring vikramkrishnamurthy director of land conservation eastern shore land conservancy vkrishna@eslc.org www.eslc.org 19 may 2009