Conservation Easements & Public Access Are Not Mutually Exclusive! Colorado Coalition of Land Trusts Conservation Excellence

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1 Conservation Easements & Public Access Are Not Mutually Exclusive! Colorado Coalition of Land Trusts Conservation Excellence

2 GOAL: How to Design, fund, and steward conservation easement projects with public access

3 Upper Arkansas Valley and Public Access Changing demographics Today s Real Estate Market Economy linked to Tourism River recreation, hunting, hiking, mountain biking Land Trust of the Upper Arkansas and relationship with Colorado Parks and Wildlife Wildlife/State Parks, Counties, and LCOSI Local Land Trust work with a variety of audiences 4/15/16

4 Mission - To perpetuate the wildlife resources of the state, provide a quality state parks system, and provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado s natural resources. Strategic Plan - Identifies 6 goals to achieve mission and vision: Conserve wildlife and habitat to ensure healthy sustainable populations and ecosystems. Manage State Parks for world class outdoor recreation. Achieve and maintain financial sustainability Maintain dedicated personnel and volunteers. Increase awareness and trust for CPW. Connect people to Colorado s outdoors.

5 Opportunities for private landowners to voluntarily protect important wildlife habitat, provide wildlife-related recreational access to the public, and, in limited circumstances, sell their property to CPW. Real Estate Transactions: Conservation Easements Public Access Easements Fee Title Purchases Landowners (or Land Trust sponsors) apply through the Request for Proposals (RFP) process. Application period: May 1 May 31, funding is approximately $9.3 M Habitat Stamp Legislative priorities emphasize: Big game winter range and migration corridors Acquiring public access for wildlife related recreation (including hunting, fishing, & wildlife viewing) Protecting habitat for species of concern Preserving the diversity of wildlife enjoyed by Coloradans

6 ~ $5.1 M ~ $4.2 M Other Funding Sources (i.e., Federal, other state, grants, etc.)?

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8 CPW Staff Evaluation Strategic Conservation Impacts Habitat Quality & Biological Significance Public Benefits Conservation Priority Species Project Feasibility HSC Scoring & Recommendations Legislative Mandates: Protection of big game winter range/migration corridors; Public access for wildlife-related recreation; Protection of habitat for special status species; Preserving diversity of wildlife. Real Estate Staff, Leadership Team/Director Evaluate proposals from statewide perspective. Provide recommendation to PWC for approval. First-Round Approval: Sept Final Approval: NOV

9 2015 Approved Projects: Leverage Tier I Projects: 10 Graph includes transaction costs

10 CPW s GOCO funding cannot be used to match other GOCO grants 15% match requirement for Land Trusts Public Access for HS funding is defined as access to wildlife-related recreation (including hunting, fishing, and wildlife viewing) Partnership (CPW holds public access easement) Not all properties are appropriate for public access Landowner decision

11 What works for GOCO? It depends on the color of the money

12 Parks Wildlife GOCO s Share Capped Currently Great at ~ $62M $35M (adjusted for inflation) Outdoors Colorado Up to 40% 50% substantially equal Conservation Trust Fund 10% School Capital Construction Fund Local Government Colorado State Parks Open Space

13 Parks Wildlife GOCO will not fund stand alone public access easements Public Access REQUIRED Local Government Public Access ENCOURAGED GOCO (FOR THE RIGHT PROPERTY) will not BUT fund NOT stand REQUIRED alone public access easements including trail easements Open Space

14 public access specified or allowed for within the conservation easement 14

15 What s attractive to GOCO? It depends on the context potential trail corridor? urban open space? potential for river access? sensitive wildlife habitat? remote? reluctant land owner? Don t But our try experience to fit a square tells peg us that in a it s round worth hole the ask A thoughtful and well-designed public access component is far superior to forcing an unhappy marriage

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17 So.How Do These Deals Come Together? Five main components: Meaningful Access Right Landowner Right Landscape Right Funding Partners Right Public Access Partner 4/15/16

18 Transaction Structure Conservation Easement & Public Access Easement CE recorded first with unsigned Public Access Easement as Exhibit Public Access Easement recorded second CE captures value of access Access stays perpetual, but terms can be modified in the Access Easement without amending the CE 4/15/16

19 Moyer Conservation Easement Lake County, Colorado 100% Donated Conservation Easement 175- acres, including about one mile of the Arkansas River Easement recorded November 28, 2007 Public Fishing Access held by Colorado Parks and Wildlife Close proximity to Arkansas Headwaters Recreation Area River restoration completed in 2013

20 Moyer Conservation Easement aaaaa State Wildlife Area or Public Fishing Access Public Listings and Websites Law Enforcement Collaboration Land Trust Programs Relationships

21 Moyer Conservation Easement

22 Moyer Conservation Easement Communication

23 Campbell Ranch CE

24 Project Example Campbell Ranch CE Project Summary: 660-acre CE Surrounded by USFS and BLM Land Includes limited public hunting access Held by the Land Trust of the Arkansas & CPW Funded by CPW and NRCS 4/15/16

25 Campbell Ranch Conservation Easement Chaffee and Saguache Counties 660- acre conservation easement Limited hunting access with CPW Youth Disabled Veterans

26 Campbell Ranch Conservation Easement Colorado Hunting Atlas Apps Landowner Relationships Partner Relationships

27 Chubb Park Ranch CE

28 Project Example Chubb Park Ranch CE Project Summary: 507-acre CE Surrounded by USFS and State Wildlife Trust Land Includes Public Access Easement for big game hunting Held by the Land Trust of the Arkansas & CPW Funded by GOCO, CPW and Chaffee County 4/15/16

29 Headwaters Ranch CE

30 Project Example Headwater Ranch CE Project Summary: 550-acre CE with 3-miles of fishing access Includes public parking Uses the landscape to limit extent of public access Held by the Land Trust of the Upper Arkansas & CPW Funded by GOCO, CPW, the NRDAR Trustees & the Climax Mine Took several years to design, negotiate and complete 4/15/16

31 Questions?