Monitoring Your Lands, Especially Your Conservation Restrictions

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1 Monitoring Your Lands, Especially Your Conservation Restrictions Matt Cannon, Land Stewardship Coordinator Chatham and Harwich Conservation Trusts Nick Rossi, Conservation Restriction Stewardship Specialist Mass Audubon Matt Spinner, Land Stewardship Director Buzzards Bay Coalition

2 Who we are Protect Bay watershed resources & uses 8,000+ members Westport to Falmouth & Islands How we do that Conservation & restoration Outreach & engagement Policy advocacy Science Land Conservation Own/manage 3 river reserves totaling 400+ ac 1,800 ac in CR Protected over 6,700 ac

3 Conservation Restrictions (CRs) A voluntary legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values. (LTA definition) Land protection tool Conservation entity doesn t own the land Typically established in perpetuity Carry significant long-term stewardship responsibilities including monitoring and enforcement of easement terms Photo from:

4 The nuts and bolts of Stewarding CRs Finding, marking, and mapping boundaries Basically: know where it is, and where it isn t Baseline Document Creation, Record keeping Create a benchmark for future comparison Ongoing monitoring, violation resolution Insure compliance into perpetuity, defend easement Image from:

5 Finding, Marking, and Mapping Boundaries Why might you need to do this from scratch? New CR acquisition Old easement Inconsistent or no BDR Unfamiliar with property Change of land ownership Walk boundaries with new owner or neighbors

6 Where to start: Research existing recorded deeds and plans CRs are recorded w/ County registry of Deeds Will have written legal descriptions of boundaries Ownership deeds may refer to CRs Plans/Maps Survey maps depicting boundary corner points, property lines, distances Use adjacent surveys of abutting parcels to piece together boundaries

7 Where to find these records? Check your land trust s records Ask property owner (grantor) or neighbors for help Municipal records Planning, building, conservation, assessing dept. s Mass OLIVER County Registry of Deeds Searchable online databases Check for grantor s deed/survey May require working through previous ownership

8 Survey Plans

9 Boundary Markers Concrete/stone bounds Pipes Drill holes in rocks Tree Blazes Iron Pins Barbed wire fence Rebar Old survey stakes Photo from:

10 Deeds Old Records thence Easterly in the line of the brook the same being the line of land of George P. Randall, to a blown down maple tree lying in the brook and stake standing thereby (1906) Survey Plans

11 Prep Documents for Site Visit Gather available maps: Aerial photos, USGS topos, surveys, etc. Make notes showing entrance points, expected corner and line monuments, key natural/manmade landmarks, planned walking route

12 Map Sources Other Than Arc GIS Google maps Some town assessors MassGIS online (OLIVER) Plat Plotter (for metes and bounds) Many other free open source GIS options

13 How current are your maps?

14 Gather Field Tools Navigation and Boundary marking tools are essential You ve done all this work; make sure you can easily make your way back next time Photos from: GPS-60.jpg ng digital-camera.jpg

15 Walk the CR Invite land owner, co holders, neighbors However, just because someone says it, doesn t make it true! Collect GPS data at key locations and track route Record detailed written notes, photographs Notes should be turned into detailed records for future monitoring

16 Maintaining Boundaries Photograph and mark boundaries as you go Flag trees, old fencing, barbed wire remnants Paint boundary markers, drill holes Post signage if allowed Include CR grantee contact info

17 PART II: BASELINES AND RECORD KEEPING By Nick Rossi

18 Mass Audubon and Conservation Restrictions Protected Land: ~35,000 acres total protected land ~5,000 acres in CRs 107 CRs ~5 more on the way 1 CR Steward At least 1 CR in every county in MA

19 Stages of Baseline Preparation Pre-field information gathering Field data collection Data processing and report writing Collecting signatures and finalizing report In a nutshell, an exercise in data and document collection

20 Before the Fieldwork Find any surveys, deeds, and other description of property Make a digital boundary of the property Assessor files are a good starting point but often not accurate Compare your survey to assessor s shape Upload your.kml or shapefile onto your GPS device Review the CR Note any unique or important provisions (structures, reserved rights, special resources) Keep Paper AND Digital Copies of everything

21 Meeting the Landowner Introduce yourself before you start fieldwork Ask them relevant questions about the property: Are you aware of any encroachments? Have you noticed any interesting wildlife on the property? Do you or are you planning to keep any livestock or grow any crops? Are there any trails? Have there been past issues with trespassing? Write down summaries of phone conversations and in person conversations

22 In the Field: Where to Walk

23 In the Field: Boundaries Photograph: At each corner All boundary markers 1 close up photo 1 context photo Strive for an accurate representation

24 In the Field: CR Provisions A Turtle garden for Diamondback Terrapins is an important resource to document

25 Data Processing (old way) Process all your field data Download your field data right away Type up your photo descriptions next Make your maps Write the report Massachusetts Conservation Restriction Manual for details

26 Mobile Field Tech Data Processing Collected Photo and Spatial Data Auto-Sync to Online Database Auto Formatted Photos Page and Route Map Download and Add to Report Software we re considering Free: Track-Kit (Android and Apple) Locus Map (Android only) MotionX GPS (Apple only) Open Camera App (Android only) Not Free Collector App for ArcGIS online Canvas Hardware Ipad Mini Lifeproof case (waterproof and shock proof) Bad Elf or Garmin bluetooth GPS Jockeye Giant external battery

27 Wrapping Things Up Collect your signatures before closing Scan the signature pages Print the 3-4 baseline copies: 1 field office copy 1 archival copy 1 for the landowner 1 for the co-holder (if applicable) Mail the landowner a copy Digitize the full report

28 Once the CR Closes Keep: Correspondence showing intent of CR Miscellaneous info on property (Habitat management plans, etc) Toss: Drafts of the CR Internal correspondence about CR drafting Drafts of baseline Just don t keep drafts

29 Add to Your Property Lists

30 Other Record Keeping Tips Standardize your procedures and documents Organize each property file (paper and digital) in the same way Cross reference everything Keep digital and paper copies of everything

31 Record Keeping Tips (cont.) Find ways to reduce human error Automate what you can Consider switching to mobile field tech (i.e smartphones and tablets) There are dozens and dozens of free data collection apps out there! Taken using the Open Camera App (Android only)

32 Part 3: Matt Cannon, Land Stewardship Coordinator at the Harwich Conservation Trust & Chatham Conservation Foundation CCF: Manages 800+ acres, including 27 CRs (9 more en route) HCT: Manages 500+ acres, including 13 CRs -HCT database -Ongoing Monitoring -Resolving Violations

33 Access Database

34 Database cont d

35 On-going Monitoring CRs by staff, fee-simple by volunteers

36 Monitoring With Volunteers Chatham Stewardship Group: monitors with some maintenance HCT Boundary Quest: finds/ marks bounds and boundaries HCT Stewardship Group: monitors and performs maintenance (lopping, sign installation, etc.) AmeriCorps: monitors parcels and documents findings Using phone apps: More to Come in the Future All Monitoring Dependent on proper documentation.

37 Staff/ Volunteers v. Contracted Survey

38 Staff/ Volunteer If marking yourself, be %100 POSITIVE

39 Contracted Survey: Completed

40 Needs a survey

41 Importance of Property Owner Relations: Separate from Other Outreach/ Fundraising For CRs, ANNUAL CONTACT IS A MUST. Letter, phone call, or Suggest an on-site visit Try to stay up on abutters property sales Send brochure or letter In-person Door to Door

42 Resolving Violations Try to cooperate, while upholding conservation values

43 Steps for Resolution: Consider adopting process Re-Con After Re-Con, first letter discusses monitoring and boundary marking. Gather evidence: photos, aerial maps, plot plan, etc. Mail or evidence with a letter asking to meet on-site whenever is convenient for landowner. Decide the outcome and vote/ discuss: Re-vegetation plan? Title work? Ignore for this year?

44 Gather evidence: proper documentation After Re-Con and letter Flagging and/or engineered survey Mark encroachment on land plan or aerial photo Have photo evidence of encroachment

45 Determine if Minor v. Serious Infraction Prioritize Damage Is the title at risk (e.g. structural encroachment)? Are we at risk of adverse possession? Is area adjacent an occupied dwelling or out in the middle of the woods? Be realistic of outcome but fight to uphold your legal obligation.

46 Discuss & Vote Outcome: if a, then b If dumping, send a general letter, tell police, and/or just remove If structures, retain surveying services, and possibly an attorney If cleared lawn, let grow or maybe require a revegetation plan If topped tree, send a cease action letter If a structure on fee simple, consider demolition or land swap If structure on CR area, maybe consider an amendment (LAST RESORT). In all cases, it helps to mark your property boundaries.

47 Town-owned CR Violations Consult with Conservation Administrator

48 CR: Privately-owned Reserved Rights? Full-time resident? Donor? At right, Re-Con photo; we sent a letter asking to meet on-site in hopes of marking the CR boundaries.

49 Photo from waldo.wikia.com on 1/27/2016 Fee Simple Violation: Lawn & Structure

50 CR Violation: Fence & Clearing

51 Resources Monitoring/ Stewardship Information: The Massachusetts CR handbook: MEDS Model CR Amendment Guidelines: Software for Stewardship/ Data Collection: Lynda.com (Training for Access and other software) ArcGIS (Online): Google Earth Pro: Mass GIS (OLIVER): Plat Plotter:

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