Best Practices for Monitoring Properties

Best Practices for Monitoring Properties From the Basics to Tips for Tackling Tough Challenges Presenters: Abbie Church, Mississippi Valley Conservancy Jim Johannsen, Jo Daviess Conservation Foundation Caleb Pourchot, LANDSCAPE Kevin Thusius, Ice Age Trail Alliance

Objectives: Share experiences and resources Increase knowledge of monitoring processes and compliance with Land Trust Alliance's Standards and Practices (LTA S&Ps) Address challenges and tools for improved effectiveness and efficiency

Best Practices for Monitoring Properties: Outline Part 1: Monitoring. What does it mean and how to do it. Part 2: Dealing with monitoring issues. Part 3: Tips and tools for monitoring.

Part 1. Monitoring: What it means and how to do it JDCF s Land Holdings: 12 fee properties (1448 acres) 33 conservation easements (4606 acres) Million dollar question: Now that we ve got them, how do we make sure that these properties aren t degraded or destroyed going forward? Million dollar answer: Baselines and monitoring!

What is Monitoring? Monitoring is upholding our commitment to perpetuity. Definition: Annual, documented, visual inspection of a conservation property (fee land or easement) to ensure that any restrictions on the land are being upheld, actions of any management plans are being implemented, and no trespass has occurred, with on-the-ground physical inspections as the site warrants. (adapted from LTA) Best done on foot or by driving through the property. Drive-bys and aerial monitoring are permitted, but might miss important details.

Why Monitor Conservation Properties? Required by IRS Section 170(h) Applies to any donation (or bargain sale) of fee property or conservation easement in which a tax deduction was claimed (I.e., anytime the land trust signs Form 8283). IRS requirements are the same for fee properties and conservation easements. Land trust must have a commitment to protect the conservation purpose of the fee land or easement in perpetuity For easements, this means the land trust must have the resources to enforce the restrictions in the conservation easement in perpetuity. Monitoring is the foundation of this commitment!

Why Monitor Conservation Properties? Required by Land Trust Alliance for Accreditation Easement Monitoring Requirements Land trust monitors its conservation easements at least annually. The organization documents its annual monitoring activities in writing for each conservation easement.

Why Monitor Conservation Properties? Required by Land Trust Alliance for Accreditation Fee Property Monitoring Requirements Land trust monitors its fee properties at least annually and documents monitoring activities. Boundaries Land trust marks the boundaries of its fee properties and can identify boundaries in the field, OR Land trust has surveys, maps, photos, on-the-ground indicators (roads, rivers, etc.) that would enable someone to find the boundaries in the field.

Why Monitor Conservation Properties? Not monitoring opens you up to liability! Some third parties (if any) may sue the easement holder for failing to enforce an easement. Third party enforcement rights vary from state to state. Better for Land Trust community Retains our reputations as knowledgeable, resourceful, valuable organizations for the communities we serve. It's what we promised the original easement grantor! If a land trust fails to monitor its easements, it likely won t know about violations (or be able to enforce easements).

How to Monitor Effectively Have sufficient documentation of the baseline conditions! For conservation easements: Baseline Documentation Report: A report that documents the important conservation values protected by the easement and the relevant conditions of the property as necessary to monitor and enforce the easement. Baselines are required by IRS to make donor eligible for tax deduction Baselines are required by LTA for Accreditation If older easements do not have baselines, a Current Condition Report will suffice. Typically attached to a conservation easement as an exhibit. May be updated or supplemented from time to time as necessary or as required by LTA.

How to Monitor Effectively Have sufficient documentation of the baseline conditions! For Fee Properties: Compare the on-the-ground conditions of the property to a written management plan. Document on-the-ground conditions in comparison to the desired conditions contained in a management plan (or similar document).

How to Monitor Effectively Establish a system! Adopt a monitoring policy Create standardized monitoring forms for easements and fee properties. Specify the process and procedures and write it down! Write a monitoring plan for all easements and fee properties Assign specific roles (who is responsible for getting it done?)

Elements of a great Monitoring Policy Assign roles to specific parties: Who contacts landowner/land manager before the site visit? Who conducts the site visit? Who is responsible for following up on issues and concerns? Who is responsible for determining whether a violation has occurred? Frequency (annually? Semi-annually?) Are photos required? As needed? What inspection methods are acceptable? (On foot? Reviewing aerial imagery? Drive by?) What documentation must be reviewed before the site visit?

Elements of a great Monitoring Policy What training is required? How often are staff and volunteered trained? Where do completed monitoring reports get filed and stored? Easements Only - How do land trusts monitor for changes in property ownership? Tracking ownership changes is key to preventing violations Annually check courthouse records? Require seller to report changes in ownership? Who is responsible for contacting the new owner and maintaining that relationship?

Part 2 Dealing with monitoring issues: Implementation

Typical Natural Changes Erosion Blow-down Flood Damage Fire

Human-caused: Agricultural Use Illegal Dumping Vandalism Buildings

Human-caused: Timber Harvest Road/Trail Construction Grazing Motorized Vehicles

Alteration of Vegetation Motorized Vehicles Erosion Manipulation of Water Resources Habitat Loss Scenic Views

Dealing with monitoring issues Collecting Info When? What? Accurate & Complete Storage

Easement Enforcement Good practices Prevention is the best medicine Positive landowner relationships help when issues arise Meant to help uphold easement purpose and reputation of land trust Consistent responses to similar enforcement issues (i.e. be fair) Available financial, legal and other resources Shared responsibility within organization Identify roles of various parties Evaluate policy and procedures periodically

Easement Enforcement Determine if "potential" violation is an "actual" violation (easement review, purpose, baseline document, contact landowner, attorney) Determine the relative severity of the violation Helps parties determine level of resources needed to deal with it and level of remediation/compensation if needed If litigation is option, notify LTA Establish remedy (or options) and deadlines

Easement Enforcement - Procedure summary Call or set-up meeting with landowner Provide written notice (certified mail) Contact partners (ie. DNR) if involved Work with landowners to the degree possible Send written notice of remedy and timeline Visit site after compliance deadline If compliance complete, send closure letter. File appropriately If not, consider next steps

Dealing with monitoring issues: Getting others involved: Staff Role Terra Firma Legal Counsel Committee, Board Landowner Third Party - NNGC DNR

2003 Land transferred to the municipality Baseline completed in 2004 Monitoring 2004-2008 done in December 2009: biking noted Battle Ensued

2017 10 year update Handheld Garmin Survey Wisconsin Off-road Series in 2016 600 participants and 1000+ fans

you can enjoy heart-pounding descents from high atop scenic bluffs that provide sanctuary for both bird watching and those determined to find the fastest way off exploring spectacular bluffs that were left untouched by glaciers in the Driftless area.

Lessons learned Thorough baseline report Property Boundary Survey Boundary Posting Property monitoring procedure Monitoring with snow-cover Using GIS capabilities

Examples from the audience?

Part 3. Tips and tools for monitoring Making it easier and more available Better documentation ArcGIS LANDSCAPE Pen and paper is just fine!

Wouldn't it be great to turn all of this......into this?

You can... There are many mobile app options (see the comparison grid) Most will show a map, take photos, maybe collect some form data but... Generally no history or context Where does the data go? Usually you have to go through more steps to translate what you collected

LANDSCAPE A single software platform for managing your monitoring responsibilities: In the office or, in the field

Part 3 Tips and tools Ice Age Trail Alliance's property monitoring experience First had to retroactively do 40+ baseline documents Monitoring processes evolved over time From 100% staff to nearly all volunteer monitoring in one year Developed and executed our Volunteer Engagement Plan Tools for data collection: Paper/compass > GPS units > Avenza/phone > ipads Getting tools to volunteers: Trainings, Georeferenced maps, LANDSCAPE Tools for data management: Donor database > ArcGIS > LANDSCAPE

Geo-Referenced Maps Avenza Free to $$ Topo Reader (USGS) $3/yr Map n Tracks $6.99 Requires GIS Very available Phone-friendly