This list of the meaning of abbreviations that are encountered in land conservation work is capped by WeConservePA at 120 to guard against the list becoming too unwieldy to be of practical use. Send suggestions for additions and refinements (or deletions) to [email protected] with the heading Abbreviations.
Conservation easements are sometimes referred to as “voluntary agreements.” This characterization is misleading and counterproductive for landowner-holder relations and easement stewardship.
What considerations guide a conservation easement holder’s processing of a landowner’s request for the holder to: approve an action subject to the holder’s review; waive the holder’s right to enforce one or more restrictive covenants in a temporary accommodation to the owner; or interpret the terms of the grant of easement as applied to a particular situation? This guide provides direction for responding to landowner requests. The Model Policy for Acting on Owner Requests for Review, Waiver, and Interpretation, in addition to the policy, includes a template for communicating holder decisions.
A landowner has land under conservation easement and is ready to conserve more of their nearby property. How best to carry this out? This guide describes three approaches and includes a model document to help implement one of the alternatives.
The reality of climate change brought on by increasing levels of greenhouse gases in the atmosphere presents challenges to conservation practitioners. This guide examines how conservation easements may be better planned to deliver good conservation outcomes even as a changing climate affects the physical conditions on the land. The guide also reviews opportunities to boost carbon sequestration on lands under easement.
A long-time trespasser may gain ownership of land by using it with no documented challenge for 21 years. Landowners can avoid this threat with some good, basic practices.
The Pennsylvania Agricultural Conservation Easement Purchase Program empowers county governments, in partnership with state government, to protect productive farmland from non-agricultural development. Easements have been purchased on hundreds of thousands of acres from farmers using state funds, county tax receipts, and other funds.
Agricultural Protection Zoning (APZ) preserves the availability of agricultural lands for farming and thus the agricultural base of the community by constraining non-agricultural development and land uses in designated areas.
Within Pennsylvania’s many agricultural security areas, landowners receive special protection from condemnation as well as from ordinances that would unreasonably restrict farming operations.
If changes to a conservation easement are necessary or desirable, the easement holder must decide whether to amend and restate the grant of easement in full or simply amend it. This guide assists with that decision and points to resources to aid in implementation of the decision.
Extensive scientific research documents that vegetated strips of land along water bodies provide extensive water quality and other environmental benefits. The science shows that development should be kept away from the water’s edge, wider protected strips provide greater benefits, forested buffers are more effective than grassy ones, and forested buffers in headwaters provide the greatest benefits of all.
Within the bounds of state law and private standards of practice, nonprofit organizations have considerable flexibility in establishing policies and procedures regarding the authorization of real estate transactions.
Baseline documentation is developed in advance of a conservation easement’s establishment to document the condition of the property to be eased. The documentation identifies the conservation values to be protected and provides a baseline against which subsequent changes to the land may be recognized. This guide explores the baseline’s purposes, the content needed to support these purposes, and considerations for implementation.
A grant of conservation easement may provide one or more rights to a party other than the landowner and holder of the easement, in accordance with the needs and wishes of those involved with the easement transaction. Unlike for the easement holder, such rights received by the “beneficiary” do not come with obligations.
Biodiversity encompasses the diversity of life – the varying and different species, genes and ecosystems of the Earth. The ongoing loss of biodiversity threatens human well-being and makes the need for conservation ever more pressing.
When an organization must close on a real estate transaction prior to securing all the necessary funds, borrowing will be necessary for the deal to proceed. Several organizations manage revolving loan funds that provide low and no interest, short-term financing specifically to facilitate land and easement purchases for conservation purposes.
A build-out analysis projects the development that could occur in an area under current law. It enables a community to test the reality of its development regulations against its vision for its future.
The possibility of granting carbon rights to the easement holder may be considered during the development of a conservation easement. This presents substantial complexity that can be avoided by instead giving the holder control over the entity that may receive carbon credits or assigning to the holder some or all of the proceeds of sale of carbon credits.
Clean and Green is managed by the Pennsylvania Department of Agriculture. Direct questions to the administrator at (717) 705-7796. Clean and Green, established by the Pennsylvania Farmland and Forest Land Assessment Act, provides for lower property tax assessments of qualified parcels capable of producing agricultural products and timber or providing open space for public use.
Land trusts and governments may tailor their land conservation work to help both reduce carbon in the atmosphere and mitigate the harm of climate change.
At closing, the transfer of the real estate interest, whether land, easement, or other interest, is completed. This guide helps users organize and expedite the closing.
A conservation easement may be granted to multiple entities. These holders of the easement are then each responsible for upholding the easement’s conservation objectives. The respective roles of the holders and their relationship to one another must be carefully delineated to achieve effective easement management and minimize potential conflict.
Many types of collaborative approaches are available to help advance land conservation.
Commission-based compensation for fundraising by staff and consultants, although legal, is widely viewed as a bad practice for nonprofits.
This guide links to resources that: help people successfully start and manage community gardens; inform governments on how they can encourage gardens; and guide organizations on permanently protecting gardens.
Community visioning is a planning tool that empowers people to express a vision for the future of their community; ideally, this vision guides land-use decisions and regulations.
By making straightforward changes to municipal land-use ordinances, Conservation by Design helps communities protect open space and natural resources at essentially no cost and without reducing the rights of landowners and developers to develop their land.
A conservation easement limits certain uses on a property in order to advance specified conservation purposes while keeping the land in the owner’s ownership and control.
A conservation easement limits certain uses of the land to advance identified conservation objectives while keeping the land in the owner’s control. It is established by mutual agreement of the landowner and a nonprofit land trust or government. The easement continues no matter who owns the land in the future.
A review of Pennsylvania judicial decisions reveals that conservation easement holders and the conservation values they uphold prevail when a dispute leads to litigation. Courts respect the text of easement documents and their conservation purposes. This guide reviews eleven cases where the interpretation or enforcement of a conservation easement was at the center of litigation.
Correcting an error in a recorded grant of conservation easement differs from amending an easement. This guide helps the reader distinguish between situations where correction is appropriate as contrasted with those calling for amendment. It also serves as a companion to the Model Correction to Grant of Conservation Easement and Declaration of Covenants.
Cost of Community Services studies examine both the tax revenues generated by different land uses and the costs to local government of providing services to those same uses. They help people understand the fiscal outcomes of keeping land in agriculture or as open space versus developing land for other purposes.
The holder of a conservation easement must monitor the eased property to confirm compliance with conservation restrictions and, when necessary, take action to uphold the conservation objectives of the easement. These and other stewardship activities result in costs, year in and year out, to the holder.
To responsibly accomplish a conservation easement or land acquisition, due diligence is necessary. This guide describes the costs incurred by land trusts and agricultural land preservation boards in completing surveys, baseline documentation, appraisals, title search and insurance, phase 1 environmental assessments and legal services in support of conservation acquisitions.
This guide focuses on sustainable land management, which devotes more attention to the natural resources in the design of different land uses, and enhances the livability of our communities.
Crowdfunding is a web-based fundraising technique that can generate many small donations in support of an endeavor.
In most circumstances, a conservation easement is a far better tool for conserving land than a deed restriction. This guide explains how the tools differ.
Properly delineating the boundaries of conservation easements and their different protection areas is crucial to easement stewardship and enforcement. Conservation restrictions are difficult, if not impossible, to enforce unless tied to physical locations on the ground. This guide discusses the delineation of boundaries and protection areas using physical markers, verbal descriptions, and visual depictions.
A development threat analysis identifies undeveloped lands that are most likely to be developed within a specific time frame. Information is presented in map form.
A donation agreement may be used to ensure that a donor’s promise can be relied upon, set the expectations of both donor and donee, and prevent misunderstandings.
Donors who want to help a worthy charity but also need to ensure that they have sufficient assets to live comfortably until life's end may choose to make some gifts via their wills.
For both donors and recipients, the donation of stock and other marketable securities can be more advantageous than a cash donation.
Regulation of rooftop solar energy systems through municipal zoning ordinances results in fewer people powering their homes and businesses with clean, safe, renewable energy. Common arguments for regulation are not compelling.
The Model Grant of Conservation Easement and Declaration of Covenants may be used to amend and restate a grant of conservation easement by following the instructions contained in this guide.
Economic impact studies document the many and substantial economic benefits generated by biodiversity. This guide identifies major studies, summarizes key findings of each and provides hyperlinks to the studies.
The conservation of natural lands and of working farms and forests can generate financial returns, both to governments and individuals, and create significant cost savings.
Economic impact studies document the many and substantial economic benefits generated by parks. This guide identifies major studies, summarizes key findings of each and provides hyperlinks to the studies.
Economic impact studies identify a variety of economic benefits generated by parks. The studies described in this guide each analyzed one or more of these benefits, including:
Sprawling patterns of development create heavy economic burdens -- problems, costs and liabilities far in excess of the benefits. Conversely, smart growth strategies can enhance economic vitality.
Economic impact studies document the many and substantial economic benefits generated by trails. This guide identifies major studies, summarizes key findings of each and provides hyperlinks to the studies.
Email newsletters can help nonprofits better publicize their work and connect with supporters. This brief guide provides links to web articles that explain how to create effective email newsletters that engage, educate, and entertain your audience. Most of the resources focus specifically on nonprofit newsletters, though many of the strategies apply to newsletters for businesses as well.
Federal tax rules prohibit section 501(c)(3) organizations from participating or intervening in a political campaign in support of or in opposition to a candidate for elected public office. However, organizations may lobby, educate voters, encourage voter registration and participation, and advocate for issues in a nonpartisan manner.
This guide provides a basic review of the eminent domain law of Pennsylvania and the United States as it applies to conserved land and conservation easements.
Endowments and quasi-endowments help organizations establish long-term financial stability. This guide explains the basics; provides links to resources that address creating, managing, and fundraising for these funds; and describes the practices of 10 land trusts.
Pennsylvania law and policy robustly support the binding nature of restrictions in grants of conservation easement on both subdivision and transfer of portions of eased land out of the whole. They provide an ironclad basis for the enforcement of these restrictions in court.
How can local governments establish clear and appropriate protections for the parks and other public open spaces in their purview? How can citizens defend public lands from inappropriate use or liquidation? This guide reviews applicable legal principles and recommends tools to help minimize misunderstandings that may lead to conflict and litigation.
Any municipality in Pennsylvania may establish an environmental advisory council to tap the skills and volunteer energy of its citizens. Consisting of three to seven members appointed by the local government, an EAC can undertake a variety of conservation projects. It can also research issues and advise local government officials to help inform decision-making regarding the environment.
A prospective buyer of eased land may want the owner of the land to provide them a guarantee that the easement holder won’t pursue claims against them for violations that predate their interest. A mortgage lender may want a guarantee that there are no violations that could jeopardize payback of their loan. This guide describes how a holder can responsibly provide sufficient assurance. It also provides background for WeConservePA’s Model Compliance Statement.
Fifty-eight Pennsylvania counties have agricultural land preservation boards that purchase agricultural conservation easements. Sixty-eight private, charitable land trusts accept donations of conservation easements or, less commonly, purchase them. These two paths to farmland preservation differ in many ways.
Some donations of conservation easements qualify for a federal income tax deduction; others do not.
Converting areas covered by turf grass to meadows can be financially rewarding and relatively simple on both public and private land. It can also deliver substantial environmental and aesthetic benefits.
In accepting a conservation easement from you, the land trust takes on the responsibility of ensuring your land is forever conserved. Fulfilling this duty requires money. This is why the land trust seeks financial support from you or subsequent owners of the land.
Landowners can convey a future interest in real property to a conservation organization or government but continue to live on or otherwise enjoy using the property during their lifetimes. If the property is a personal residence or a farm, a donation of a future interest can generate immediate tax benefits.
GPS enables users to easily record the location of natural and man-made features on the land. It allows users to identify where a photo or video is taken, revisit previously recorded features, and more.
Green burials minimize negative environmental impacts by using biodegradable materials, avoiding toxic chemicals, and occurring on land maintained using good conservation practices.
Every easement-holding land trust should have a policy to help guide responsible consideration of potential amendments to grants of conservation easement. WeConservePA produced the one-page Model Policy for Conservation Easement Amendment, together with these expansive “Guidelines for Conservation Easement Amendments, Waivers, and Letters of Interpretation,” to assist land trusts in establishing or updating such a policy and, most importantly, acting responsibly and productively in their easement decision-making. These guidelines are intended to provide the user with in-depth but succinct practical guidance, whether or not the guidelines are adopted in whole or part by a land trust board of directors.
Conservation organizations can avoid many potential difficulties in conservation easement stewardship by ensuring that their conservation easement documents are drafted to conform with the Conservation and Preservation Easements Act.
Interns can help nonprofit organizations to cost-effectively accomplish more. They also present a pathway for the organization to cultivate potential future employees and introduce new people to the field.
An overwhelming majority of Pennsylvanians—regardless of party or region—value open space and state investments in conservation.
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Forests, riparian buffers, wetlands and other natural lands are essential for the protection of water quality and aquatic habitat. The loss of forests, riparian buffers, wetlands and other natural lands increases the amount of pollutants and sediment in water, alters stream flows, erodes stream banks, eliminates habitat for aquatic and semi-aquatic animals, decreases the replenishment of groundwater supplies, and increases the frequency of both flooding and periods of low stream flows.
An individual or organization’s risk of being held liable for personal injury or property damage may be shifted to another party who agrees to accept the risk and who holds liability insurance or sufficient assets to back up the acceptance of the risk. A release agreement guards against a successful lawsuit by the person signing the release; an indemnity agreement, in contrast, ensures that if some other person sues, the indemnifying party will be responsible for handling the claim.
The seller of real estate may finance the buyer’s purchase of a property. An installment agreement requires the buyer to pay the seller the purchase price in installments over time. Both the buyer and the seller may benefit from such an agreement. Payment amounts and timing can be structured in an infinite variety of ways and tailored to best meet the needs of both parties.
Invasive species management programs help minimize the harm of invasive species on natural lands and encourage the health of native plants and wildlife.
Investment of financial assets can provide a nonprofit with revenue and financial stability if accomplished thoughtfully and prudently. This brief guide provides hyperlinks to useful information regarding investment strategies, policies, management, and oversight.
The Land Trust Accreditation Commission offers outside verification that a land trust conforms with a key set of practices within Land Trust Standards and Practices. Accreditation is voluntary. A land trust should weigh the advantages of rigorous, external review against the opportunity costs of obtaining and maintaining accredited status.
This guide describes the catalysts for exploring merger, the exploration and due diligence process, and the outcomes of several consolidations of land trusts with land trusts as well as land trusts with other charitable organizations.
The Land Trust Standards and Practices are widely accepted ethical and technical guidelines for the responsible operation of land trusts.
A landowner may agree to funding arrangements that require the landowner or successor owners of an eased property to make one or more payments to the easement holder to support stewardship of the property. An understanding of what makes promises binding is critical for crafting arrangements that are enforceable over time.
This guide informs easement holders, particularly private land trusts, of legal matters to consider under Pennsylvania law and the Internal Revenue Code when making decisions regarding the amendment of grants of conservation easement.
A lighting ordinance can ensure safe, aesthetically pleasing, and energy-efficient outdoor lighting that preserves views of the night sky and minimizes harm to species disturbed by artificial lighting.
501(c)3 organizations may lobby to affect government policy outcomes, but they must follow federal and state regulations.
This guide describes the basic elements of land use planning and regulation available to municipal and county governments under the Pennsylvania Municipalities Planning Code.
Local municipal regulations can provide substantial protection to historic resources, preserving their contributions to cultural vitality and helping communities maintain quality of life.
Donors of land, cash, or other property may desire to place restrictions on a gift to ensure it is used only for specific purposes. To what extent might such restrictions limit or disallow a charitable tax deduction? What should a donor consider before making a restricted gift?
When a real estate transaction document needs to be reviewed, edited, or approved by more than one person, good document management and control practices help prevent time-consuming missteps and confusion for all the parties involved.
A land trust may merge with another land trust or other conservation organization in order to more effectively advance the goals of each organization.
WeConservePA develops and maintains model documents to help users plan and complete real property transactions, ensure conservation permanence, reduce liability, and otherwise advance their conservation, outdoor recreation, and land use planning efforts efficiently and effectively.
Multi-municipal partnerships provide needed recreational opportunities to residents practically and affordably though the sharing of services, equipment and personnel.
Across the political spectrum, voters in the United States consistently demonstrate support for conservation.
Unstructured, frequent childhood play in informal outdoor settings powerfully boosts the cognitive, creative, physical, social and emotional development of children. It also engenders deep conservation values—more so than any other factor. Part 1 of this guide explores the essential characteristics of nature play, the benefits nature play provides and the societal barriers to it. Part 2 describes the array of concrete actions that organizations may take to restore nature play to children’s lives.
Links to resources that provide advice land trusts can use for successful negotiations with landowners.
Sometimes it makes sense for a nonprofit to change its name to better reflect its mission and work, distinguish itself from other organizations, or otherwise improve its marketing.
Little evidence exists to support the proposition that a donated conservation easement, in the absence of a charitable trust agreement, is a charitable trust in Pennsylvania; indeed, there is compelling evidence to the contrary. (Holder covenants may be used to buttress easements and do not run into the legal obstacles or suffer from the policy failings of the trust proposition.)
No legal precedent exists in Pennsylvania for finding that a conservation easement acquired by a private land trust is a public trust.
A municipality may express an interest in acquiring specific land (or easements thereon) for trails, streets, parks, open space networks and other public purposes by establishing an “official map” that “reserves” this land. If a landowner seeks to develop reserved land, the municipality has a year to pursue acquisition of the land from the owner before the owner may freely build or subdivide.
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A collection of links to resources that can help organizations large and small raise more money from their appeal letters.
An option to sell may be used to assure that a property acquisition can be undone if expectations are not met.
Trails and other areas open to the public for pedestrian use must also be open to motorized vehicles used by persons with mobility disabilities. Any type of motorized vehicle must be allowed unless the trail owner or operator creates specific written policies justifying restrictions.
Land trusts have available to them a variety of tools and examples of how to improve public access and provide programming on their lands. By providing new outdoor experiences to adults and children, land trusts may deepen people’s connections to nature and conservation.
The Act limits the liability of property owners and managers when individuals enter land for recreational purposes, protecting against claims of personal injury and property loss.
Parks and other public open spaces deliver tremendous benefits to the public and provide a crucial foundation for building, maintaining, and renewing communities. People rely on the permanence of these civic assets in making decisions on where to live and work. Thus, it is no wonder that Pennsylvania law affords great protections to parks from sale or conversion to non-public uses by the local governments responsible for their care. This guide provides a concise overview of these protections. For a more comprehensive review and analysis, see the companion publication: Ensuring the Permanence of Parks and Other Public Open Space.
In Pennsylvania, local governments are authorized to give money, land, and easements to land trusts.
The Pennsylvania Natural Heritage Program provides current, reliable, objective, accessible information on Pennsylvania’s ecological resources to help inform land-use planning, conservation, and development decisions.
The Recreational Use of Land and Water Act limits the liability of property owners regarding claims of personal injury and property damage when people enter their land for recreational purposes. This guide offers an in-depth analysis of the Act and explains its significance for private and public landowners.
Non-motorized trails can be planned, designed, constructed, and managed in ways that are both physically and environmentally sustainable while creating desirable and enjoyable experiences for trail users.
Requiring permits for certain activities on conservation lands (such as events, hunting, and camping) helps land managers ensure that the activities do not negatively impact the land or others’ enjoyment of it. The permit-application process can also serve to inform users of the rules for using the land.
Provisions requiring payments by owners of eased land to the easement holder upon each transfer of the land may be placed in the document that grants a conservation easement. This guide suggests best practices and provides sample provisions to maximize the effectiveness of this strategy for funding easement stewardship.
Planned giving programs play an important role in charitable fundraising.
A visit to conserved land or the location of an environmental restoration project may help a legislator (and their aides) better understand the positive impact of government conservation investments. This guide describes how the staff and volunteers of a conservation organization may organize a productive visit.
When a mortgage predates an easement on a property, the easement could be extinguished in a foreclosure if the owners default on their mortgage payments. And if the easement is to be donated and the donors wish to obtain tax benefits, additional complications arise. These problems can be avoided by obtaining an agreement from the mortgage holder appropriate to the circumstances.
Prioritization tools help land trusts and municipalities make better decisions about where to focus conservation efforts and how to allocate limited resources.
Walking is a free, easily accessible activity that improves physical and mental health and connects people with the outdoors. A variety of resources exist for promoting walking.
Preserves, parks, trails, and other conserved lands in Pennsylvania are not automatically exempted from real estate taxes. If tax exemption is desired for a parcel, the charitable organization or local government must apply for exemption for that specific parcel. Exemption for one parcel does not guarantee exemption for others owned by the same entity.
The Pennsylvania Land Trust Association surveyed Pennsylvania land trusts regarding their organizational policies and practices as well as management issues encountered related to their fee-owned properties.
Pennsylvania municipalities may require developers to provide parkland for new developments. They may also offer developers the option to instead pay fees, construct facilities, or establish private parkland.
Acquisitions of land and easements for conservation purposes can involve issues different from other real estate transactions. This guide looks at purchase and sale agreements in general and then reviews potential customizations that may be made to these agreements to specifically address conservation matters.
A purchase option is a right to purchase or lease land or other property interests without any obligation to do so.
Many conservation-related property transactions are excluded from having to pay state and local realty transfer taxes in Pennsylvania.
Receiving unsolicited offers to purchase your land? Proceed with caution.
Organizing essential documents in a secure, accessible system is a fundamental part of conservation easement stewardship. This guide describes the systems of 14 land trusts.
For large estates, death triggers the possibility of federal estate tax. A conservation easement on the deceased person’s land—whether granted in life, by will, or by the person’s heirs—can reduce or eliminate the tax owed.
Public access to land for hiking, bird watching, hunting, and other recreational activities raises the possibility of a visitor getting injured and for the owners or managers of the land to then be held liable. Landowners and public access easement and lease holders can take practical steps to minimize the risk of liability.
In Pennsylvania, death triggers a state inheritance tax on the distribution of the deceased person’s assets (the “estate”) to the beneficiaries of the estate. Conservation restrictions in support of agriculture on land included in the estate can reduce the inheritance tax owed.
Pennsylvanians may vote to establish a tax specifically dedicated to open space protection in their municipality. Voters may also approve borrowing by their county or municipality for conservation projects.
A properly designed release of liability form signed by a volunteer or participant in an activity can reduce the risk of claims for personal injury or property loss against the organizing or hosting organization. This guide serves as both an introduction to this highly effective tool and a commentary to WeConservePA’s Model Release of Liability Form.
What should you do if a neighboring landowner encroaches on your organization’s property (e.g., builds a shed or extends their lawn) or otherwise uses the land without permission? Sometimes immediately booting them is the best answer; sometimes making an accommodation that provides them with at least temporary permission makes more sense. Doing nothing invites trouble.
Charitable organizations should be aware of the issues that come with gifts of cash, land, or other property restricted to a particular purpose rather than an organization’s general purposes. They should understand the need for good communications with donors, be ready to handle the management challenges, and take care to avoid inadvertently imposing restrictions on gifts in their solicitations.
When a local government is approving a subdivision and land development plan, a landowner or developer sometimes agrees to place restrictions on the land to ensure that no further subdivision or development of common open space or large lots can occur beyond that contemplated in the plan being approved. Pathways to establishing these restrictions in Pennsylvania so that they are successful in the long run are described in this guide.
A landowner concerned about the future use of their land can donate or sell their land on a conditional rather than absolute basis. The deed used to convey the land can include terms that will trigger a change in ownership back to them—or some other person or entity assigned by them—if use of the land falls out of compliance with the conditions set in the conveyance.
A landowner may not be ready to sell their property but may be willing—if and when they are ready to sell—to provide an organization with the opportunity to purchase the property before it is sold to another. The opportunity more specifically may be for the organization to accept or make an offer on the property before it is placed on the market, to negotiate with the owner before it is exposed to the market, or to match the offer of a third-party buyer after the property has been on the market. To legally commit to providing one or more of these opportunities, the owner grants the organization a right of first offer or right of first refusal.
A riparian buffer protection agreement limits activities on all or a portion of a property to advance conservation purposes while keeping the property in the control of the landowner.
Riparian buffers—forested or otherwise vegetated lands bordering water bodies—deliver tremendous water quality and other public benefits. Pennsylvania municipalities may ensure the protection and restoration of riparian buffers with their land use regulations.
When a seller wants to close a sale of real estate but the buyer is not yet in a position to fully fund the purchase, the parties can close the sale with the seller taking from the buyer a purchase money note and mortgage in lieu of an all-cash payment.
Some real property is substantially riskier than other property for an organization to hold and manage, perhaps because of environmental contamination (or suspicion of the same), perhaps because of more intense public use, perhaps for some other reason. Depending on just how great the perceived risk, the organization may want to consider isolating its exposure to that risk by establishing a separate organization—wholly controlled by the founding organization—to hold the riskier property.
A sign ordinance can help a municipality reduce the visual clutter of signage and end business sign wars. It also can help protect, establish, or enhance community identity.
Organizations can enhance and expand their conservation impact by using social media to engage new and existing supporters.
An enormous boost in solar energy production is one of the actions needed to help stop the dramatic rise of carbon in the atmosphere and better ensure civilization’s long-term prospects. This guide explores issues that conservationists may want to consider in order to both advance their land conservation work and support solar energy development.
Public access to land for recreational use raises concern about the possibility of visitor injuries and the potential for the owners or managers of the land to then be held liable. Several Pennsylvania statutes provide overlapping layers of protection from such liability.
Municipalities use zoning regulations to limit disturbance of steep slopes in order to prevent erosion, reduce the risk of dangerous landslides, and preserve scenic hillsides.
A landowner may agree to an arrangement that requires the owner or successive owners of an eased property to make payments to the conservation easement holder to support stewardship of the land. The arrangement may be customized to fit the stewardship demands created by the particular easement and the financial circumstances and wishes of the owner.
Good street and sidewalk design improves public health and safety, accommodates a variety of users, reduces environmental impacts, and makes communities more inviting.
Most grants of conservation easement sharply limit the ability of current and future landowners to subdivide or transfer less than the entirety of eased land. This guide explains the substantial conservation value of these restrictions and reviews some considerations for planning exceptions to full prohibitions.
The unexpected departure of a nonprofit’s leader can cause organizational chaos. A nonprofit may establish policies and procedures to guide leadership transitions—unplanned and planned—to prevent damage to the organization and its work.
Landowners grant conservation easements to conservation organizations (“land trusts”) in perpetuity. The conservation objectives of the easement and the associated restrictions on how land can be used are intended to be permanent. Land trusts and their allies across the nation go to great lengths to ensure this permanence.
A number of carbon offset programs are problematic. Nevertheless, it is sensible to ensure that newly drafted grants of conservation easement clearly permit offset projects (whether or not such projects ever materialize).
By statute and by common law interpretation, a conservation easement is a real estate interest and is governed by real estate law, in particular, the law of servitudes. This guide analyzes the nature of the conservation easement and the operation of the document granting the easement. It includes discussion of the mechanisms that assist in upholding the easement’s conservation objectives in perpetuity.
Conservation easements that run for a limited term of years are sometimes proposed as interim measures that lead the way to permanence, as better-than-nothing compromises, or simply as flexible alternatives. In reality, these temporary arrangements may cause more problems than they solve and are a poor use of conservation dollars.
Extensive scientific research documents that vegetated strips of land along waterways provide extensive water quality and other environmental and economic benfits.
Traditional Neighborhood Development creates compact, mixed-use, non-automobile- dependent neighborhoods and communities. It serves the needs of people and accommodates growth with minimal waste of land.
Traffic-calming incorporates a variety of design and management strategies in local streetscapes to control volume and speed of traffic for the safety of both motorists and non-motorists.
A property owner may convey to others the rights to create, maintain, and use a trail on their property without giving up ownership and enjoyment of the land through which the trail passes.
How can trail groups, local governments, and land trusts responsibly plan, develop, and operate trails that are accessible by all people, including those with limited mobility? What are best management practices? What is legally required? When is universal accessibility not appropriate?
Transfer of Development Rights is a zoning technique that conserves land by redirecting development that would otherwise occur on the land (the sending area) to a receiving area suitable for denser development. The technique operates so that owners in the sending area can be compensated for their redirected development rights.
Organizations should be wary of draconian renewal clauses that are sometimes embedded in seemingly innocuous contracts. If an organization enters into a contract containing such a clause, the organization should have a management system in place to ensure that crucial dates for action are not missed.
Trees benefit us all; they can also bring conflict. This guide provides legal insights on typical neighbor disputes and responsibilities concerning trees near property lines. It reviews roles and responsibilities regarding trees in public rights of way. The guide also addresses the issues of liability for injury as well as the damages a court might award for cutting down or harming someone else’s trees.
A tree ordinance regulates various aspects of tree maintenance, removal, and planting in a municipality, resulting in aesthetic and environmental benefits.
Urban growth boundaries are used to demarcate where government intends to encourage and discourage land development. This guide provides links to resources about urban growth boundaries, as well as examples from Pennsylvania municipalities.
A family or group of neighbors may want to limit future use of a property, but that desire may not be shared as a priority by conservation organizations or government. In this case, a deed restriction may a sensible—albeit imperfect—tool that the private individuals can use on their own to achieve limited protection of the land.
The Model Grant of Conservation Easement and Declaration of Covenants provides users with a state-of-the-art legal document. Built on a foundation of research that identified working (and failing) easement practices around the country and fine-tuned in response to user experiences and feedback over many years, no easement document has received more peer review. The expansive commentary explains the reasoning behind every provision, instructs on use of the model, and provides a wealth of alternative and optional provisions.
Effectively recruiting, training, managing, and retaining volunteers can play a crucial role in helping a nonprofit organization accomplish its goals.
Simply stated, a land trust is a charitable organization that acquires land or conservation easements, or that stewards land or easements, for conservation purposes. However, this simple definition leaves much to be explained.
In brief, WeConservePA uses the word conservation to mean the act of caring for and wisely using land to ensure that the land’s natural resources can continue to benefit people and wildlife over time, and, where the land is degraded, restoring its capacity to deliver these benefits.
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Who can assert claims and be heard in Pennsylvania’s courts if a dispute heats up over the management of a conservation easement?
Farms feed us and provide a host of other public benefits. However, every day, the amount of fertile farmland diminishes as development spreads. When farmers think that the farms around them will be sold for development, which would result in the enterprises that support farming leaving and the loss of their support network, this can set off a downward spiral in a farming community: farmers leave farming or stop reinvesting in their farms because they fear the consequences of being one of the last farmers in an area. Farmland preservation programs can provide assurance to farmers that there will always be a critical mass of farms in an area, bringing stability to the local farm community and economy.
A working forest conservation easement keeps forestland intact for timber production, providing support for rural economies. It is established by mutual agreement of a willing landowner and a private land trust or government. The conservation easement limits subdivision, development, and activities that would hinder the land’s capacity to grow trees for industry. If agreeable to the landowner, it can also be used to ensure recreational access for the public.
The most effective tools to reduce the water pollution and flooding caused by stormwater runoff are green infrastructure, land conservation, and best management practices on farms.
How does decrease or increase in market value of land resulting from establishing or amending an easement relate to the conservation easement’s value? What do we mean when we refer to “value”? This guide explores these questions