Although any kind of land may be suitable for donation, state and federal laws limit the types of land that meet the conservation purposes of the SCLT's land donation program. The SCLT will evaluate each offer of a gift of property to ensure that the land donation will serve a valid public purpose.

 

1.         General Categories of Land which Meet Conservation Purposes of the Land Donation Program

Donations of lands will generally be considered which will yield a significant benefit to the residents of Southern Calvert County, including, but not limited to, lands that meet one or more of the following conservation purposes:

 

a.                   The protection of relatively natural habitats of fish, wildlife, or plants, or similar ecosystems, particularly those of ecological importance to the Chesapeake Bay and its tributaries;

b.                  The preservation of open space, including farmland or forestland, to maintain the rural character of the area and to provide scenic enjoyment for the general public;

c.         The preservation of historically important land areas or certified historic structures or districts.

 

 2.         Lands Preferred by the SCLT

Within the general categories of land that will be considered for donations, the SCLT will give preference to donations of lands identified by the following characteristics:
 

a.         Lands that are undeveloped, but potentially developable and contain significant woodlands, wetlands or wildlife habitat, including Chesapeake Bay or tributary buffers, lands rich in biological diversity, functioning ecosystems, or other particularly environmentally, scenically or historically significant properties;

b.         Lands contiguous to other open space property protected, either by fee ownership or easement, by a federal, state or local government body or land conservation, agricultural protection or historic preservation organization; or

c.         Lands the protection of which would discourage sprawling development and contribute to regional greenways, farmland or other open space corridors or clusters, or ecosystem linkages.

 

3.         Examples of Specialized Categories of Land for Which the SCLT Currently Accepts Donations

Such examples include:

 

a.         Lands designated along the Chesapeake Bay or its tributaries as Resource Conservation Areas, buffer areas, wetlands, reforestation areas, wildlife habitat or corridors, or otherwise designated for conservation pursuant to the Maryland Critical Area Criteria or a Local Critical Area Program.

b.         Significant or highly significant lands along rivers identified in the Maryland Rivers Study, of February 1987, (in either Category I, II or III levels of significance or Tributaries of the Chesapeake Bay), by the National Park Service and the Maryland Department of Natural Resources.

c.                   Lands adjacent to or occupied by endangered, threatened or rare species or their habitat identified by the Maryland Natural Heritage Program or the Non-game and Endangered Species Program of the Department of Natural Resources.

d.                  Lands in the path of development that are suitable for future open space, natural area protection or enhancement, or other valid public conservation purposes.

e.                   Land that has been identified as a "critical area" by either the Department of State Planning or the political subdivisions pursuant to Chapter 291 of the Laws of Maryland of 1974, as amended;

 

H.        Size of Donation Properties

The SCLT will give strong preference to acceptance of donations of smaller parcels of land since larger parcels are preferred by other Trusts within Maryland. The SCLT will generally encourage donations of parcels of 25 acres or less.  However, the SCLT will consider accepting lands larger than 25 acres if one or more of the following criteria are met:

 

1.         The donation would protect special resources such as endangered or threatened species habitat, historic or archeological resources, wetlands, or riparian buffer.

2.         There is an imminent threat to the conservation values of the property if the easement is not accepted.

3.         There is substantial support for the proposed donation from local or state officials, environmental groups, legislators or citizens.

4.         The property is contiguous to other smaller parcels under the protection of the SCLT or other agency.

 

I.          Prevention of Development on Donated Property

The SCLT will not allow construction of residences or subdivisions of the property and will preserve undeveloped, undivided land. 

 

J.         Processing of Land Donations

The steps taken by the SCLT's Board to consider and accept a gift of land are as follows: (1) receipt of written request from landowner for consideration of land by the SCLT;  (2) examination of the plat and/or survey of the land by SCLT staff;  (3) SCLT review of Calvert County records on the land to ensure that the applicant has clear and unencumbered title to the land;  (4) inspection of the property by SCLT staff with scoring by the SCLT Board according to the attached criteria;  (5) if needed, appraisal of the property by a licensed appraiser acceptable to the SCLT Board;  (6) drafting of the deed by the SCLT attorney;  and (7) processing and submission of documents to the appropriate State and County authorities. Generally, one to two months are required for processing land donation offers from the time of first contact with the SCLT's offices. When circumstances require shorter periods of time for processing, the SCLT will attempt to accommodate the needs of the donor.

 

K.        Expenses of the Land Donation Conveyance

The donor will pay the local charges for recordation of deeds and appraisal.

 

__________________________________________________

           THE CONSERVATION EASEMENT PROGRAM

        PROCEDURES AND POLICIES OF THE SOUTHERN CALVERT LAND TRUST

Adopted

 February 10, 2002

 

                                             PURPOSE

 

This document defines the procedures and policies of the Southern Calvert Land Trust (SCLT) for its Conservation Easement Program.  It is intended to aid potential donors of conservation lands in selecting an appropriate organization for their gift and to establish a set of guidelines for the SCLT Board of Directors (Board). This statement is intended to guide rather than limit the actions of the SCLT.  Easement donations offered to the SCLT will be evaluated on a case-by-case basis.

 

                                         POLICY

 

A.        The Role of the SCLT

The SCLT has a dual role in promoting the use of Conservation Easements in Southern Calvert County, Maryland.  First, the SCLT accepts conservation easements subject to the policies enunciated below.  Second, it refers potential donors to appropriate recipients, including other conservation organizations and units of government, where the best interests of the environment so require. 

 

B.        Cooperation with Other Organizations

Because the principal goal of the Conservation Easement program of the SCLT is to preserve open space, it is SCLT policy to cooperate in every possible way with other organizations whose purposes and goals are similar. The SCLT will refer potential donors to other conservation organizations or government units, when appropriate.  The SCLT will publicize its program. 

 

The SCLT will keep informed about land protection and land acquisition programs of government agencies, private conservation groups, and other easement-holding organizations such as the Maryland Environmental Trust, American Chestnut Land Trust, Maryland Agricultural Land Preservation Foundation, Maryland Historical Trust.  As much as possible, the SCLT's Conservation Easement program will complement other land protection programs. If historically or architecturally important structures are located on properties for which the SCLT is preparing a Conservation Easement, the SCLT will inform the Maryland Historical Trust so that a preservation easement will be considered by the potential donors and the Maryland Historical Trust.

 

C.        Legal Authority

The Maryland Annotated Code (Section 2-118, Real Property) permits the use of easements for conservation purposes, and the Natural Resources Article of the Code (Section 3-203) authorizes the SCLT to accept gifts of real property.

 

D.        Method of Acquisition

The SCLT accepts easements as gifts. Acceptance of an easement by the SCLT must be preceded by thorough staff work and investigation.  An easement is legally accepted in the name of the SCLT.  The Maryland Board of Public Works ratifies the SCLT's acceptance of an easement.  The easement is then recorded with the Clerk of the Circuit court in the local jurisdiction where the property is located.  Easements may also be accepted by the SCLT jointly with other agencies or land trusts as co-donee.

 

E.         Responsibilities of the SCLT as Donee

In acceptance of an easement the SCLT does not undertake any affirmative management duties other than the monitoring and enforcement of the terms, conditions and restrictions of the easement as donee.  The SCLT assumes no legal liability or responsibility for management or maintenance of the property including any discharge of hazardous materials affecting the property.

 

The SCLT will, after notifying the owners, annually inspect properties subject to accepted easements in order to guarantee adherence to the easement terms.  

 

Although the monitoring of the terms of the easement is the ultimate responsibility of the SCLT, the SCLT reserves the right to delegate this task to appropriate individuals, co-donees, or other organizations.  In each case, the SCLT must be satisfied that it can guarantee compliance with the easement terms. Factors relevant to this determination include the location and accessibility of the land, the size of the tract, the type of land, and the availability of monitoring assistance from private conservation organizations or government agencies.

 

The SCLT will have the right and obligation to enforce all terms of the easement agreement, as described in the standard easement.

 

F.         Obligations of the Donor

The donor, or his or her successors in interest, retain all affirmative management responsibilities including maintenance, the construction of improvements if permitted by the terms of the easement, the payment of real estate taxes (except when a property tax credit is applied for and granted, as provided above), and other legal responsibilities of property ownership. For example, all normal functions and obligations of property ownership continue to be performed by the property owner, such as the pruning of trees, the removal of illegally dumped trash and the carrying of liability insurance.  In addition, the property owner must abide by the specific terms of the easement, and allow periodic access to the property, after prior notice, by SCLT representatives for monitoring purposes.

 

G.        Duration of the Easement

Only perpetual easements are accepted by the SCLT; perpetual easements afford greater protection to the land than those that expire after a period of years. 

 

H.        Lands That May be the Subject of a Conservation Easement

Although any kind of land may be subject to an easement, state and federal laws generally limit the types of land that meet the conservation purposes of the SCLT's easement program and the types of land for which conservation easement donations will qualify for various tax incentives.  The SCLT will evaluate each offer of an easement donation individually to ensure that the conservation easement will serve a valid public purpose.

 

1.         General Categories of Land which Meet Conservation Purposes of the Easement Program

Easements will generally be considered on lands on which easements will yield a significant benefit to the residents of Southern Calvert County, including, but not limited to, lands that meet one or more of the following conservation purposes:

 

a.                   The protection of relatively natural habitats of fish, wildlife, or plants, or similar ecosystems, particularly those of ecological importance to the Chesapeake Bay and its tributaries;

b.                  The preservation of open space, including farmland or forestland, to maintain the rural character of the area and to provide scenic enjoyment for the general public;

c.         The preservation of historically important land areas or certified historic structures or districts.

  

2.         Easement Lands Preferred by the SCLT

Within the general categories of land that will be considered for easement donations, the SCLT will give preference to easement donations offered on lands identified by the following characteristics: 

 

a.         Lands that are undeveloped, but potentially developable and contain significant woodlands, wetlands or wildlife habitat, including Chesapeake Bay or tributary buffers, lands rich in biological diversity, functioning ecosystems, or other particularly environmentally, scenically or historically significant properties;

b.         Lands contiguous to other open space property protected, either by fee ownership or easement, by a federal, state or local government body or land conservation, agricultural protection or historic preservation organization; or

c.         Lands the protection of which would discourage sprawling development and contribute to regional greenways, farmland or other open space corridors or clusters, or ecosystem linkages.

 

3.         Examples of Specialized Categories of Land for Which the SCLT Currently Accepts Easements

Such examples include:

 

a.         Lands designated along the Chesapeake Bay or its tributaries as Resource Conservation Areas, buffer areas, wetlands, reforestation areas, wildlife habitat or corridors, or otherwise designated for conservation pursuant to the Maryland Critical Area Criteria or a Local Critical Area Program.

b.         Significant or highly significant lands along rivers identified in the Maryland Rivers Study, of February 1987, (in either Category I, II or III levels of significance or Tributaries of the Chesapeake Bay), by the National Park Service and the Maryland Department of Natural Resources.

c.                   Lands adjacent to or occupied by endangered, threatened or rare species or their habitat identified by the Maryland Natural Heritage Program or the Non-game and Endangered Species Program of the Department of Natural Resources.

d.                  Lands in the path of development that are suitable for future open space, natural area protection or enhancement, or other valid public conservation purposes.

e.                   Land that has been identified as a "critical area" by either the Department of State Planning or the political subdivisions pursuant to Chapter 291 of the Laws of Maryland of 1974, as amended;

 

I.          Size of Conservation Easement Properties

The SCLT will give strong preference to acceptance of easements on smaller parcels of land since larger parcels are preferred by other Trusts within Maryland. The SCLT will generally encourage donations of easements on parcels of 25 acres or less.  However, the SCLT will consider accepting an easement larger than 25 acres if one or more of the following criteria are met:

 

1.         The easement would protect special resources such as endangered or threatened species habitat, historic or archeological resources, wetlands, or riparian buffer.

2.         There is an imminent threat to the conservation values of the property if the easement is not accepted.

3.         There is substantial support for the proposed easement donation from local or state officials, environmental groups, legislators or citizens.

4.         The property is contiguous to other smaller parcels under the protection of the SCLT or other agency.

 

J.         Prevention of Development on Easement Property

It is SCLT policy to accept only easements that extract substantially all of the future development rights or potential from the land.  However, continued occupation of existing residences may be permitted on a property, where the conservation values of the property would not be adversely affected. In general, the SCLT will not allow construction of additional residences or subdivisions of the property and will encourage a maximum amount of undeveloped, undivided land. 

 

K.        Easements on Land Protected by Other Easements or Deed Restrictions.

The SCLT prefers to combine its conservation easement protection with the protection offered by other easement programs on separate or adjacent parts of the property, rather than on top of property protected by existing easements.  The SCLT staff will not actively solicit conservation easements on property already protected by existing easements.

 

L.         Conservation Easements Offered to Protect Environmental Mitigation Sites.

The SCLT will cooperate with federal, state and local agencies seeking to enhance and permanently protect environmentally sensitive areas (e.g., wetlands, reforestation, wildlife corridors, etc.) as mitigation for the loss of environmental areas caused by development.  The SCLT will review offers of conservation easements for mitigation purposes if the easement meets the SCLT's usual criteria, and also taking into account the following:

 

(1)        whether the mitigation fully meets the requirements of federal and state laws and policies for successful mitigation,

(2)        whether the regulatory agency, property owner or private land manager has the capability to effectively monitor the mitigation site and ensure the maintenance of conservation values,

(3)        whether sufficient financial support is provided to the SCLT and other monitoring officials to carry out monitoring responsibilities,

 

(4)        whether alternatives to the environmental impacts that are to be mitigated have been sufficiently explored, and whether the SCLT's acceptance of the conservation easement on the proposed mitigation site will enable undesirable development projects to be approved that would not otherwise be permitted.

 

M.       Regulatory Easements

The SCLT generally will not accept "regulatory easements" or "developer easements" -- easements pursuant to cluster ordinances or other regulations or statutes where the easement is granted as a quid pro quo for accompanying development. The SCLT supports the use of such easements by other organizations as a tool for effective growth management, protection of linked clusters and corridors of sensitive areas, and compact rather than sprawling development. 

 

N.        Processing of Easement Donations

The steps taken by the SCLT's Board to consider and accept a conservation easement are as follows: (1) receipt of written request from landowner for consideration of land by the SCLT;  (2) examination of the plat and/or survey of the land by SCLT staff;  (3) SCLT review of Calvert County records on the land to ensure that the applicant has clear and unencumbered title to the land;  (4) inspection of the property by SCLT staff with scoring by the SCLT Board according to the attached criteria;  (5) appraisal of the property both as developable land and land with a conservation easement by a licensed appraiser acceptable to the SCLT Board;  (6) drafting of the conservation easement document by the SCLT attorney;  and (7) processing and submission of documents to the appropriate State and County authorities. Generally, three or more months are required for processing easement offers from the time of first contact with the SCLT's offices. When circumstances require shorter periods of time for processing, the SCLT will attempt to accommodate the needs of the easement donor.

 

O.        Amendment Procedures and Policies

Amendments to existing easements held by the SCLT will not be considered unless they  (1) significantly strengthen the conservation provisions of the easement and (2) uphold the intent of the original grantor and the fiduciary obligation of the SCLT to protect the property for the benefit of the public in perpetuity. The following policies and procedures will be generally followed by the SCLT in considering applications for amendments:

 

1.         Easement amendment requests shall be made in writing to the President, accompanied by appropriate property descriptions and documentation;

 

2.                  The SCLT's Board shall conduct a preliminary review of such requests and may accept the request if:

 

a.         The request is consistent and compatible with the intent and purpose of the original easement;

b.         The request is in compliance with local comprehensive plans or zoning ordinances for the property;

c.         The owner can demonstrate to the satisfaction of the staff that the amendment will enhance the conservation values of the property or the immediate area; and

d.         The owner offers additional conservation measures on the same or adjacent properties that will offset any reduction of conservation values of the easement property.

 

3.         No amendment shall be executed without the prior approval of the SCLT Board.  Amendments that reduce or expand the area covered by the original easement agreement may require ratification by the Maryland Board of Public Works.

 

4.         The President shall notify the owner in writing of any action taken by the SCLT Board or Board of Public Works to approve, reject or modify the proposed amendment.

 

5.         The SCLT may require, as a condition of an amendment, that the owner notify the Internal Revenue Service and State Comptroller once the amendment has been executed.

 

6.         All easement amendments will take the form of a legal deed and will be recorded in the land records of the local jurisdiction in which the affected property is located.

 

 

P.         Expenses of the Easement Conveyance

The donor will pay the charges for recordation of deeds of easement and appraisal.