Module 2. Chesapeake Bay Trust Watershed Restoration Project Management Training. Owners & Stakeholders Jim Morris, P.E.

Transcription

1 Chesapeake Bay Trust Watershed Restoration Project Management Training Module 2 Project Planning Andrew Birmingham, P.E. Owners & Stakeholders Jim Morris, P.E.

2 Learning Objectives Learn how to find property owners. When to establish property owner agreements. Learn to work with other stakeholders. Develop strategies to mitigate risks and ensure success.

3 Property Owners - Types Private Residential, businesses, organizations, clubs, or associations Public (Government) Federal, State, Local, or Military Utilities and other Right-of-Way Holders Public and private utilities, individuals, and entities have rights-ofway across many properties. Some are not easily found unless a title search is conducted.

4 Property Owners Types (Continued) Trusts, Easements and Mineral Rights Although not listed as an owner, easements such as for farmland or open space preservation may be stakeholders on a property. Mineral rights may be owned by other entities than the property owner, and dictate the development or preservation of a property. Indeterminate/Disputed Many property boundaries near water bodies are poorly defined and disputes are common near rivers and streams, but also elsewhere.

5 Finding Owners Tax Maps Provided by counties Online Tools Online maps, such as MDMerlin, etc. GIS Databases Plot and parcel boundaries provided in coordinate systems Knocking on Doors Especially useful to determine, precisely who lives where and verifying tax information, especially for rental property

6 Exercise: MERLIN Property Owner Search

7 Property Owners - Agreements If it s important, get it in writing! Whether it s just a right of entry, an easement, or another agreement, it should be in writing, signed and witnessed at a minimum. This keeps everyone s expectations limited to the written agreement. Record long-term agreements Restrictive covenants, easements, etc. all need to be recorded to be valid and transferable between land owners. Trusts and Easements Make sure your agreement is with all property parties, including in coordination with existing trusts and easement property interests. Indeterminate/Disputed Many property boundaries near water bodies are poorly defined.

8 Stakeholders are extremely varied Landowners, easement and right-of-way holders, neighboring property owners, government agencies, public trusts, non-profits, local tribes, watershed associations and others are common stakeholders for projects.

9 Owners & Stakeholders Project Stakeholders Public coordination is essential for identifying stakeholders The public must know of a project, its extent, and have a forum for fielding comments in order to identify stakeholders and their concerns. Public meetings are recommended for largerscale projects. Having established spokespeople and points of contact are essential for outreach. The media, if properly managed, can be a helpful tool in public coordination.

10 Working with Existing Easements and Stakeholders Determine the administrator or trustee of an existing easement Easements held by NGOs and other entities often have a spokesperson or board or directors to consult to ensure your work aligns with their mission statements. Meet with easement administrator or trustee with the property owner There s no substitute for face time when coordinating stakeholders. Accommodate their schedules, record and address their concerns. Promote the proposed project to stakeholders Demonstrate the compelling good and benefit to the stakeholders and public. Project success and stakeholder enthusiasm and understanding are linked. Establish expectations through comments and responses Ask for written comments. Record meeting minutes and distribute them.

11 When do you need an Easement? Are active steps needed to maintain your project? If a project requires certain land practices continue with time, you need a recorded easement or other enforcement instrument. Examples are tree planting, wetland and stream restoration, or BMP installation. OR is a land owner or stakeholder expected to provide maintenance services or even required to neglect a project? Does a project require the taking of property or ceding of a legal right? An easement is likely required, as may be a compensation for the taking of those rights. Has a project established roles for particular parties and expectations? A signed agreement, at minimum, is required. An easement or recorded agreement is likely required.

12 Mitigating Stakeholder Risks and Ensuring Success Any expectation or agreement which is not recorded is a risk. Establish roles and responsibilities through memorandums of understanding and agreements Changes of property ownership are a risk for any project without a recorded easement. An easement will ensure project compatibility through land owner changes. Otherwise, the project is at the mercy of the next landowner, who has not benefitted from the project development and stakeholder coordination. Be prepared to maintain your project if things don t go as planned. The landholder and stakeholders in general have placed good faith, trust, and support in your project. Back them up by taking steps to ensure project success. Meet your obligations Breaking a written agreement will jeopardize the entire project.