The Hudson Valley is a treasured landscape that has undergone tremendous change over the past century. This forum explores how science-based stewardship on private land can help protect and promote healthy forests and open spaces, now and for future generations. Presentations explore threats our forests and natural areas face – from invasive species and climate change to deer overabundance – and actions that can be taken on a site-by-site basis to optimize conditions. A special focus will be given to the overlap between sport hunting and conservation communities, with a roundtable discussion on advancing common ground. Hosted April 12, 2014 at Cary Institute of Ecosystem Studies Presentation Part II by: Becky Thornton, Dutchess Land Conservancy

1. Preserving Open Land with
Conservation Easements
Sustainable Stewardship: Maintaining Value in Hudson
Valley Landscapes Workshop
Cary Institute of Ecosystem Studies & DLC

2. About Dutchess Land Conservancy

3. Helps protect our
working farms……
Our
wetland
habitats…
.
Our intact
forests….
Our unparallel scenic
views….
And our fragile
water resources.
Dutchess Land Conservancy
Photos by Pat Ike

4. New York Land Trusts
According to the 2010 National Land Trust Census
Report, between 2005 & 2010:
Land Trusts in NY have protected almost 1 million acres:
 97 Land Trusts operating in NY
 57 have staff – 23 are all-volunteer
 70,000 members & supporters
Nationally:
 Over 1,600 land trusts across the country
 According to the LTA - 10 million acres has been
conserved by nonprofit land trusts from 2005-2010.

5.  National Organizations:
 American Farmland Trust
 The Nature Conservancy
 Trust for Public Land
 Statewide Organizations:
 New York Audubon
 Regional Organizations:
 Open Space Institute
 Scenic Hudson
County/Local Organizations:
 Dutchess Land Conservancy
 Columbia Land Conservancy
 Hudson Highlands Land Trust
 Naromi Land Trust
 Oblong Land Conservancy
 Winnakee Land Trust
A Variety of Conservation Orgs.

6. Why Protect Land?

7. To protect resources that benefit the public:
 Farmland – Food & fiber – one of the largest industries
in NY
 Forest Land – Clean air, unfragmented wildlife habitats,
carbon sequestration, forest products
 Ecosystems – Just beginning to understand significance of
healthy ecosystems
 Water Resources – Wetlands, watercourses, lakes, reservoirs,
aquifers – clean drinking water; flood/storm protection
 Scenic Views – Quality of life; rural character; tourism
 Recreation/Parks - Public access to outdoors - healthy
lifestyles; fun and enjoyment; outdoor education
 Historical Significance
 Statewide, Regional or Local Significance
Why Protect Land?

8. Local Protection

9. 0
10000
20000
30000
40000
1985 1995 2005 2012
Acres
Year
Land Protected Over Time

10. D utchess Land C onservancy
C onservation E asem ents
0 5 10 Miles
DL C C onservation
Easem ent
1985
247 Acres P rotected
HudsonRiver
D utche ss Land C onse rvanc y
C onserv ation E as em ents
0 5 10 Miles
DL C C onservation
E asem ent
HudsonRiver
1990
4,239 Acres Protected
D utche ss Land C onse rvanc y
C onserv ation E as em ents
HudsonRiver
0 5 10 Miles
DL C C onservation
E asem ent
1995
6,885 Acres Protected 2000
14,735 Acres Protected
DL C C onservation
E asem ent
0 5 10 Miles
HudsonRiver
D utche ss Land C onse rvanc y
C onserv ation E as em ents
1985
247 acres
1990
4,239 acres
1995
6,885 acres
2000
14,735 acres

11. 2010 - 32,500 acres2005 - 23,026 acres

12. Our Work

13.  Purchase Land
 Purchase Conservation
Easements/Development
Rights (PDR)
 Accept Donations of
Conservation Easements
Land Conservation Options
The most popular and widely used tool for protecting private land across the
United States is the Conservation Easement.

14. Commonly
Asked Questions about
Conservation Easements

15.  Why would a landowner want to place a
Conservation Easement on their property?
 Loves/cares about their land.
 Cares about the community and values rural
character – its why they live there.
 Understands why the land is important –
recreation/health, fresh food, clean air &
water.
 Wants to give a gift to the future/leave a legacy.
 Is not interested in developing the land anyway.
 Wants to realize some equity without
having to sell some or all of the land (if sell CE).
 Potential income tax benefits.
 State tax credit for property taxes paid.
 Potential estate tax benefits.
 May be a requirement of zoning in
exchange for increased density or other
benefit .
Common Questions

16.  What is a Conservation Easement?
 If a landowner sells/gives an
Easement does he still own and
control his property?
 Does a Conservation Easement
require a Landowner to allow public
access?
 To whom is a Conservation
Easement given/sold?
 What is the difference between a
Conservation Easement and a Deed
Restriction?
 Can a Landowner sell/donate an
Easement and still develop his land?
Common Questions

17.  What are the financial and/or
tax advantages of
selling/donating an Easement?
 Do Conservation Easements
allow land management such as
timber harvests and farming?
 Is it difficult to sell a Property
with a Conservation Easement
on it?
 How is a Conservation
Easement enforced?
 If we want to consider a
Conservation Easement, what do
we do? Who do we approach?
Common Questions

18. The Process

19.  Initial meeting and site visit.
 Determine Landowner's
future goals for the property.
 Resource analysis.
 Optional land planning.
 Determine easement terms
with landowner/draft easement.
 Appraisal to determine value.
 Consensus on value.
 Seek funding (if applicable.)
 Board approval by org.
 Easement closing/filing on
county/town records – runs with
the land.
 Easement Stewardship –
annual monitoring , landowner
relationships, and enforcement
(if necessary.)
The Easement Process

20. Evaluating Resources

21. Determining Resources
Ag. Land
•Prime and Important Farmland soils
•Agricultural Districts, active agricultural parcels
•Critical mass
Water Resources
•Wetlands (State, Locally, Regionally, Nationally designated)
•Stream corridors, water bodies, rivers
•Aquifers
•Important watersheds/watersheds key to public water supply
Forest Land/Habitat
•Productive forests
•Intact forests
•Significant natural resource areas
•Significant habitats
Visually Significant
•Major scenic vistas/viewsheds
•Ridgelines
Recreation
•Important recreational lands
•Trail networks
Local , Regional, State &/or Historical Significance
•Land protected by others (national, state, county, local, other
conservation groups)
•Open space identified in local, county master plans or open space
plans or has important historical significance.

22. Evaluating Resources

23. Evaluating Resources

24. Evaluating Resources

25. Meeting with the Landowner and
Coming to Consensus
 What are my goals for the land?
 What do I care about most?
 How do I want to use my land?
(Farming, forestry, natural state,
recreation…)
 Do I have financial considerations?
(Should I retain future subdivision
options?)
 Children/family considerations?
 Estate planning considerations?

26. Board Approval

27. Accepting the responsibility for permanent conservation easements
requires the perpetual exercise of management and oversight duties.
Easement Stewardship

28. Obligations of the Holder of a Conservation Easement
What is Easement Stewardship?

29. Example 1 - Developing a Plan
for the Property

30. What Makes Sense?
100 Acre property +

31. Resources:
• soils/ag. land
• streams/wetlands
• woodlands/
habitat/steep slopes

32. Other Considerations - Siting:
Non-
crestline.
Avoid siting
in the middle
of a farm
field.
Buffer from
water body.
Avoid
fragmentation
of forestland.

33. 9 Lot Plan – Allowed under Zoning

34. Goal – Retain house sites for my 2 children:
3 Lot Plan with a conservation easement on 100 acres.

35. Goal – Retain house sites for my 2 children:
2 Lot Plan with a conservation easement on 100 acres.

36. What if you are a town facing a development proposal?
- 9 Lot Plan allowed under Zoning

37. Goal – Development - 9 Lot Plan –CE on 42 acres of OS held by
HOA or SFHO
Lot 7
8 Acres
Lot 8
5 Acres
Lot 9
6 Acres
OPEN SPACE – 42 ACRES
Owned by a HOA or as part
of a single lot combined with
either Lot 7, 8, or 9

38. Goal – Development - 6 Lot “Flex” Plan – CE on Open Space
owned by HOA

39. More Examples

40. Example 2 – Competing resources - weighing your options.

41. Resource
Analysis

43. 16 Lots

44. Landowner goal – 3 Lots

45. Landowner goal – 1 Lot

46. Conflicting
Resource
Protection Goals

47. Goal – Protect the wetlands and habitat areas.

49. Goal – Protect the scenic view and prime farm soils.

50. Example 3 – 620 ac. BCS

51. Resources
Soils
Water
Slopes
Habitat

52. Composite
So How do We Strike a Balance?

53. Composite
Between Human Use & Resource Protection?
Uses:
• Recreational
• Forestry
• Agricultural
• Residential
• Future Residential
• Educational
• Scientific Research

54. Composite
& Also Maintain Value?

55. In Conclusion
Its about
making
choices…
planning for
the future of
our land…
…by balancing a
landowner’s needs with
protecting what’s most
important…forever.

56. “Alone we can do so little;
together we can do so
much.”
~ Helen Keller

57. DLC is lucky to have great
support from its
members, local towns, and
the community. We
appreciate the opportunity to
let you know more about us.
Dutchess Land Conservancy
P.O. Box 138
4289 Route 82
Millbrook, NY 12545
(845) 677-3002
(845) 677-3008 (fax)
www.dutchessland.org
Thank you!

59. Example 4 - Planning the future of
a property & protecting its most
important resources.

60. A 210-acre
property

63. Resource Summary

64. Planning Map

65. Visual Assessment

66. Zoning

67. Option One
42 Lots – 3+ ac. each
Conventional
Subdivision

68. Conventional
Subdivision
Resource
Overlay
Water res. buffer
Prime ag. soils
Important ag. soils

69. Conventional
Subdivision
Water res. buffer
Prime ag. soils
Important ag. soils
Scenic Viewshed
Resources and
Scenic Views

70. 12 Lot Plan
50 ac. Farm Parcel
8 smaller lots (6.4 ac.+)
3 large lots (18.6 - 48 ac.)

71. 12 Lot Plan
Water res.buffer
Prime ag. soils
Important ag. soils
Resource
Overlay

72. 12 Lot Plan
Water res.buffer
Prime ag. soils
Important ag. soils
Scenic Viewshed
Resources &
Scenic Views

73. 8 Lot Plan
Water res.buffer
Prime ag. soils
Important ag. soils
Scenic Viewshed
Resources &
Scenic Views

74. 5 Lot Plan
5 Large Lots
& potential CE

75. 5 Lot Plan
Water res.buffer
Prime ag. soils
Important ag. soils
Scenic Viewshed
Resources
& Scenic Views

76. 3 Lot Plan
3 Large Lots
& potential CE

77. 3 Lot Plan
Water res.buffer
Prime ag. soils
Important ag. soils
Scenic Viewsheds
Resources &
Scenic Views

78. In Conclusion
Its about
making
choices…
planning for
the future of
our land…
…by balancing a
landowner’s needs with
protecting what’s most
important…forever.

79. “Alone we can do so little;
together we can do so
much.”
~ Helen Keller

80. DLC is lucky to have great
support from its
members, local towns, and
the community. We
appreciate the opportunity to
let you know more about us.
Dutchess Land Conservancy
P.O. Box 138
4289 Route 82
Millbrook, NY 12545
(845) 677-3002
(845) 677-3008 (fax)
www.dutchessland.org
Thank you!