2020
A landowner has land under conservation easement and is ready to conserve more of their nearby property. How best to carry this out?
Last Modified
Aug 29, 2020
2023
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. WeConservePA guide. 12 pages.
Last Modified
Aug 22, 2023
2020
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.
Last Modified
Jun 08, 2021
The Pennsylvania Agricultural Conservation Easement Purchase Program enables state and county governments to purchase conservation easements on productive farms. The easements protect the farmland from non-agricultural development. (print edition of ConservationTools.org guide)
Last Modified
Aug 31, 2017
2011
Agricultural Protection Zoning 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.
Last Modified
Apr 27, 2017
2017
Within an agricultural security area (ASA), a farm is entitled to special protection from condemnation and laws and ordinances that would unreasonably restrict farming operations. Local governments in Pennsylvania may establish ASAs but only in response to petitions from landowners interested in enrolling their land in an ASA.
Last Modified
Apr 26, 2017
2015
This guide informs easement holders of legal matters to consider under Pennsylvania law and the Internal Revenue Code when making decisions regarding the amendment of grants of conservation easement.
Last Modified
Jun 23, 2017
2023
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. WeConservePA guide. 3 pages.
Last Modified
Sep 22, 2023
2014
(print edition of ConservationTools.org guide) 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.
Last Modified
Apr 27, 2017
2023
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. WeConservePA guide. 6 pages.
Last Modified
Jan 27, 2023
2012
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.
Last Modified
Jul 03, 2019
2017
Initiatives in Pennsylvania and on a national level promote the study of bird populations and the protection of their habitat.
Last Modified
Jul 03, 2019
2023
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. WeConservePA guide. 9 pages.
Last Modified
Nov 22, 2023
2017
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.
Last Modified
May 24, 2017
2023
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. WeConservePA guide. 3 pages.
Last Modified
Aug 22, 2023
2017
Clean and Green, established by the Pennsylvania Farmland and Forest Land Assessment Act, provides for lower property tax assessments of land capable of producing agricultural products and timber or providing open space for public use. (Print version of CT guide)
Last Modified
Nov 14, 2017
2019
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. (Print version of ConservationTools.org guide)
Last Modified
Jun 17, 2019
2012
At closing, the transfer of the real estate interest, whether land or easement, is completed. This guide helps users organize and expedite the closing.
Last Modified
Apr 27, 2017
2012
Many types of collaborative approaches are available to help land trusts and others advance land conservation. This guide identifies opportunities for collaboration, provides guidance in structuring productive collaborations, and presents examples of successful organizational partnerships.
Last Modified
Apr 27, 2017
2012
Commission-based compensation for fundraising by staff and consultants, although legal, is widely viewed as a bad practice for nonprofits.
Last Modified
May 23, 2019
2023
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. WeConservePA guide. 6 pages.
Last Modified
Feb 16, 2023
2017
CommunityViz® software enables users to see what different land use and development scenarios would look like if they were to actually occur. It allows users to create hypothetical scenarios and assess the economic, environmental, social, and visual impacts of those scenarios. (Print version of CT guide)
Last Modified
Nov 14, 2017
2019
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. (Print version of ConservationTools.org guide)
Last Modified
Jan 22, 2019
2018
A conservation easement limits certain uses of the land in order to advance one or more conservation objectives while keeping the land in the owner’s control. It is established by mutual agreement of a landowner and a private land trust or government. (WeConservePA guide; 5 pages)
Last Modified
Jul 01, 2021
2020
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. 11 pages
Last Modified
Nov 27, 2020
2017
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 consequences of keeping land in agriculture or as open space versus developing land for other purposes. (Print version of CT guide)
Last Modified
Jun 24, 2019
2011
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.
Last Modified
May 19, 2020
2011
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.
Last Modified
Apr 27, 2017
2010
Outlines the benefits of enhancing the natural resources in local parks and other landscapes, to maintain these areas in a sustainable manner, and to provide a step-by-step guide to help staff and volunteers achieve those results. It is directed primarily towards those charged with the design and maintenance of parklands, retail centers, housing developments, industrial parks, schools and other land uses, although the principles outlined in the book could also be used by individual homeowners.
Last Modified
Apr 27, 2017
2023
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. WeConservePA guide. 7 pages.
Last Modified
Mar 14, 2023
2023
Donors who want to help a worthy charity but also need to ensure that they have sufficient assests to live comfortably until life's end may choose to make some gifts via their wills. WeConservePA guide. 5 pages.
Last Modified
Mar 14, 2023
2018
For both donors and recipients, the donation of stock and other marketable securities can be more advantageous than a cash donation.
Last Modified
Oct 10, 2023
2022
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. (print version of WeConservePA guide; 2 pages)
Last Modified
Jun 10, 2022
2023
The Model Grant of Conservation Easement and Declaration of Covenants may be modified to amend and restate a grant of conservation easement by following the instructions below. WeConservePA guide. 4 pages.
Last Modified
Sep 22, 2023
2011
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.
Last Modified
Apr 27, 2017
2011
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. [Print version of ConservationTools.org guide]
Last Modified
Jul 30, 2020
2011
(print edition of ConservationTools.org guide) 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. 11 pages
Last Modified
Sep 01, 2015
2011
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.
Last Modified
Apr 27, 2017
2011
(print edition of ConservationTools.org guide) 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. 14 pages
Last Modified
Apr 27, 2017
2021
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.
Last Modified
Apr 29, 2021
2019
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. (Print version of ConservationTools.org guide)
Last Modified
Apr 26, 2019
2022
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. WeConservePA guide. 6 pages.
Last Modified
Nov 19, 2022
2020
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.
Last Modified
Oct 30, 2020
2023
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. WeConservePA guide. 4 pages.
Last Modified
Jan 31, 2023
2019
Floristic Quality Assessment (FQA) is a standardized assessment method that calculates a numerical index reflecting the quality of native plant communities for a given area. It indicates the impacts of invasive species and can also be used to monitor the effectiveness of land-management and restoration practices. (Print version of ConservationTools.org guide)
Last Modified
Jun 17, 2019
2017
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. WeConservePA guide. 5 pages.
Last Modified
Oct 06, 2022
2022
In accepting a conservation easement from you, the land trust takes on the responsibility of ensuring that the land is conserved as you have agreed for all time. Fulfilling this duty requires financial resources most likely to come from you or subsequent owners of the land. WeConservePA guide. 2 pages.
Last Modified
Oct 12, 2023
2023
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. WeConservePA guide. 8 pages.
Last Modified
Feb 17, 2023
2017
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. (Print version of CT guide)
Last Modified
Nov 14, 2017
2019
Green burials minimize negative environmental impacts by using biodegradable materials, avoiding toxic chemicals, and occurring on land maintained using good conservation practices. (Print version of ConservationTools.org guide)
Last Modified
Jun 24, 2019
2019
The Recreational Use of Land and Water Act limits the liability of property owners who open their land to the public for recreation. This guide describes the immunity provided to owners in regards to claims of personal injury and loss of property and reviews relevant case law. (print version of WeConservePA guide; 6 pages)
Last Modified
May 16, 2022
2016
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.
Last Modified
Aug 31, 2017
2020
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.
Last Modified
Nov 02, 2020
2013
A conservation easement may have one or more holders responsible for upholding the easement’s conservation objectives. It may have a beneficiary, an entity with some rights to manage the easement in furtherance of the conservation objectives but no responsibility to do so. It may also provide a contingency plan to replace a holder in the event the holder cannot or will not perform its duties. Effective long-term easement management requires that when more than one entity shares easement management rights, the relationship between the entities must be carefully delineated.
Last Modified
Oct 20, 2023
2012
Forests, riparian buffers, wetlands and other natural lands are essential for the protection of water quality and aquatic habitat.
Last Modified
Jul 03, 2019
2014
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.
Last Modified
Apr 28, 2017
2022
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. (Print version of WeConservePA Guide. 7 pages)
Last Modified
Nov 11, 2022
2009
Invasive species management programs help minimize the harm of invasive species on natural lands and encourage the health of native plants and wildlife.
Last Modified
Apr 28, 2017
2023
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.
Last Modified
Apr 02, 2023
2014
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.
Last Modified
Apr 28, 2017
2023
The Land Trust Standards and Practices are widely accepted ethical and technical guidelines for the responsible operation of land trusts. WeConservePA guide. 3 pages.
Last Modified
Apr 06, 2023
2012
A landowner may agree to one or more 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. WeConservePA guide. 14 pages.
Last Modified
Oct 19, 2023
2012
501(c)3 organizations may lobby to affect government policy outcomes, but they must follow federal and state regulations. WeConservePA guide. 18 pages.
Last Modified
Aug 18, 2022
2023
This guide describes the basic elements of land use planning and regulation available to municipal and county governments under the Pennsylvania Municipalities Planning Code. WeConservePA guide. 6 pages.
Last Modified
Feb 28, 2023
2011
Local municipal regulations can provide substantial protection to historic resources, preserving their contributions to cultural vitality and helping communities maintain quality of life.
Last Modified
Apr 28, 2017
2023
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. WeConservePA guide. 3 pages.
Last Modified
Jun 13, 2023
2013
A land trust may merge with another land trust or other conservation organization in order to more effectively advance the goals of each organization.
Last Modified
Apr 28, 2017
2018
The Pennsylvania Land Trust Association develops and maintains model documents to help users complete projects and manage their operations efficiently and effectively. This guide briefly describes each of these models. (print edition of the ConservationTools.org guide)
Last Modified
Apr 28, 2018
2006
This publication provides a foundation on the basic concepts of public recreation and parks services in Pennsylvania. It also covers the demographic, environmental, social and other issues that face our municipalities and impact the provision of recreation and parks services.
Last Modified
Apr 28, 2017
2017
Across the political spectrum, voters in the United Sates consistently demonstrate support for conservation. (Print version of CT Guide)
Last Modified
Jun 21, 2018
2021
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. (4-page WeConservePA guide)
Last Modified
Feb 28, 2021
2022
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.) WeConservePA guide. 11 pages.
Last Modified
Sep 19, 2022
2023
No legal precedent exists in Pennsylvania for finding that a conservation easement acquired by a private land trust is a public trust.
Last Modified
Jun 30, 2023
A collection of links to resources that can help organizations large and small raise more money from their appeal letters. (Print version of WeConservePA guide. 3 pages.)
Last Modified
Nov 11, 2022
2023
An option to sell may be used to assure that a property acquisition can be undone if expectations are not met. WeConservePA guide. 2 pages.
Last Modified
Jan 17, 2023
2015
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 opportunities for outdoor experiences, land trusts help foster people's connections to nature and conservation.
Last Modified
May 23, 2019
2019
A brief review of the landowner protections provided by the Act regarding claims of personal injury or property loss by recreational users of their land. WeConservePA's "Guide to Pennsylvania’s Recreational Use of Land and Water Act" provides a more in-depth review of the same subject. (WeConservePA guide; 2 pages)
Last Modified
Jul 01, 2021
2022
In Pennsylvania, local governments may give money, land and easements to land trusts. WeConservePA guide. 2 pages.
Last Modified
Aug 24, 2022
2022
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. WeConservePA guide. 5 pages.
Last Modified
Oct 21, 2022
2021
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. (WeConservePA guide; 6 pages)
Last Modified
Jul 06, 2021
2017
Polls show that Pennsylvanians are concerned about a range of environmental issues, from clean water and wildlife conservation to global warming and renewable energy. (Print version of CT guide)
Last Modified
Jun 21, 2018
2023
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. WeConservePA guide. 9 pages.
Last Modified
Feb 16, 2023
2019
A prescribed fire is a planned fire—sometimes called a controlled burn—used to manage certain types of landscapes. It reduces the chance of major wildfires and provides numerous other benefits for humans, plants, and wildlife. (Print version of ConservationTools.org guide)
Last Modified
Jun 25, 2019
2017
Prioritization tools help land trusts and municipalities make better decisions about where to focus conservation efforts and how to allocate limited resources. (Print version of CT Guide)
Last Modified
Nov 14, 2017
2015
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.
Last Modified
Apr 28, 2017
2022
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. WeConservePA guide. 10 pages.
Last Modified
Oct 07, 2022
2013
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.
Last Modified
May 23, 2019
2015
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. This is the 2nd edition (2015) of a guide first published in 2008. It addresses changes made to the law in 2014 to give municipalities greater flexibility.
Last Modified
Apr 28, 2017
2021
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. [Print version of ConservationTools.org guide]
Last Modified
Jan 30, 2021
2022
A purchase option is a right to purchase or lease land or other property interests without any obligation to do so.
Last Modified
Aug 25, 2022
2021
Many conservation-related property transactions are excluded from having to pay state and local realty transfer taxes in Pennsylvania. WeConservePA guide. 6 pages.
Last Modified
Sep 28, 2023
2023
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. WeConservePA guide. 2 pages.
Last Modified
Apr 13, 2023
2011
Public access to property for recreational uses – such as hiking, bird watching, fishing and hunting – raises concern about the possibility of liability on account of injury to a recreational user. Pennsylvania law provides some protection from liability associated with public use of property for recreational purposes. Also there are practical steps that can be taken to minimize risk of liability.
Last Modified
Apr 28, 2017
2012
In Pennsylvania, death triggers a state inheritance tax on the distribution of the deceased person’s assets (called the “estate”) to the beneficiaries of the estate. Conservation restrictions on land included in the estate can reduce the inheritance tax owed. WeConservePA guide. 4 pages.
Last Modified
Jan 16, 2023
2019
A properly designed release of liability form signed by a volunteer or participant in an activity can reduce liability risks of the organizing or hosting organization. (Print version of ConservationTools.org guide)
Last Modified
Oct 22, 2019
2022
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. WeConservePA guide. 3 pages.
Last Modified
Aug 10, 2022
2022
Can a gift to a charity be used as best judged by that charity? Or does it come with restrictions? Both the donor and donee need to be aware of the issues raised by restricting a gift of cash, land, or other property to a particular purpose rather than an organization’s general purposes. WeConservePA guide. 11 pages.
Last Modified
Oct 21, 2022
2012
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.
Last Modified
Aug 27, 2022
2022
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. WeConservePA guide. 5 pages.
Last Modified
Aug 18, 2022
2011
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.
Last Modified
Mar 22, 2018
2014
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.
Last Modified
Apr 28, 2017
2019
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.
Last Modified
Jan 22, 2019
2023
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. WeConservePA guide. 3 pages.
Last Modified
Jun 29, 2023
2023
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. WeConservePA guide. 2 pages.
Last Modified
Mar 17, 2023
2019
An enormous boost in solar energy production is one of the actions needed to 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.
Last Modified
Sep 11, 2020
2023
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. WeConservePA guide. 8 pages.
Last Modified
Mar 07, 2023
2023
A landowner may agree to one or more funding arrangements that require the landowner or successive owners of an eased property to make one or more payments to the easement holder to support stewardship of the property. These arrangements may be customized to fit the stewardship demands created by the particular conservation easement and the financial circumstances of the owner. WeConservePA guide. 12 pages.
Last Modified
Oct 20, 2023
2023
Good street and sidewalk design improves public health and safety, accommodates a variety of users, reduces environmental impacts, and makes communities more inviting. WeConservePA guide. 5 pages.
Last Modified
Feb 14, 2023
2022
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. 2 pages. [Print version of WeConservePA guide]
Last Modified
Feb 14, 2022
2023
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. WeConservePA guide. 15 pages.
Last Modified
Jan 26, 2023
2011
The official map is a powerful planning tool for ensuring that land will be available where it is needed for roads, trails, parks, riparian buffers and other potential public infrastructure. The official map is authorized by the Pennsylvania Municipalities Planning Code. This handbook is a guide for county and municipal leaders and planners who seek practical guidance in more effectively implementing land use plans.
Last Modified
Sep 17, 2019
2011
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.
Last Modified
Apr 28, 2017
2022
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. WeConservePA guide. 14 pages.
Last Modified
Sep 27, 2022
2021
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? This manual addresses these questions in detail. The first edition of this manual was published under the title "Universal Access Trails and Shared Use Paths: Design, Management, Ethical, and Legal Considerations" in 2014. WeConservePA guide. 133 pages.
Last Modified
Sep 09, 2021
2020
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.
Last Modified
Aug 21, 2020
2022
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. (Print version of WeConservePA guide)
Last Modified
Jan 13, 2022
2019
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. (Print version of ConservationTools.org guide)
Last Modified
Feb 25, 2019
2021
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. A 2-page guide.
Last Modified
Jun 15, 2021
2023
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. WeConservePA guide. 4 pages.
Last Modified
Nov 21, 2023
2023
Effectively recruiting, training, managing, and retaining volunteers can play a crucial role in helping a nonprofit organization accomplish its goals. WeConservePA guide. 2 pages.
Last Modified
Aug 16, 2023
2018
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. (WeConservePA guide; 3 pages)
Last Modified
Jul 01, 2021
2013
Who can assert claims and be heard in Pennsylvania’s courts if a dispute heats up over the management of a conservation easement?
Last Modified
Apr 28, 2017
2021
Occasionally a land trust will seek to amend a conservation easement. More often, the owners of land subject to an easement will ask for an amendment. In any case, the issue of who can insert themselves into easement management matters can be compelling reason for the parties to agree to an amendment if the easement was created in Pennsylvania prior to June 22, 2001.
WeConservePA guide. 2 pages.
Last Modified
Oct 28, 2021
2023
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. WeConservePA guide. 5 pages.
Last Modified
Feb 08, 2023
2023
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 or potentially provide recreational opportunity.
WeConservePA guide. 2 pages.
Last Modified
Jul 26, 2023
2019
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. (Print version of ConservationTools.org guide)
Last Modified
Apr 25, 2019
2020
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.
Last Modified
Oct 30, 2020