Notes - Conservancy - The Land Trust Movement in America

November 17, 2024

Chapter 1: History

Early Efforts to Protect Land

Charles Eliot and the Trustees of Reservations

John Muir and the Sierra Club

The Hetch Hetchy Controversy

Expanding the Land Trust Movement

The Evolution of Land Conservation Strategies

Chapter 2: Sprawl

Urban Sprawl

Consequences of Sprawl

Alternatives to Sprawl

Sprawl and Land Trusts

Chapter 3: Why Save Land?

Aesthetic Reasons

Practical Reasons

Ethical or Moral Reasons

Chapter 4: Who Will Save the Land?

Colleges and Universities as Land Stewards

Colleges and universities are often gifted land for preservation. However, history suggests they are not always the most reliable land stewards. They sometimes prioritize financial gain over their responsibility to protect the land.

Examples:

Biological Diversity: Saving Land Based on Ecological Principles

Key Concepts:

Nine Rules for Conservation-Oriented Land Acquisition

The sources lay out nine rules to guide land trusts in maximizing their conservation efforts:

  1. Represent Natural Ecosystems: Focus on protecting representative examples of all major ecosystems within the land trust's service area, even if complete representation proves challenging.
  2. Have a Vision, Plan, and Protect High-Quality Sites: Develop a clear vision and plan, prioritizing high-quality sites with intact ecosystems and characteristic species. Utilize scientific knowledge and local expertise to identify and assess potential preserves.
  3. Preserve the Largest Areas Possible: Prioritize acquiring larger parcels to support larger populations, minimize edge effects, and provide for the needs of species that require extensive habitats.
  4. Add Land Around Preserves: Expand existing preserves by acquiring adjacent land to increase size and buffer against external impacts.
  5. Some Small Preserves Are Worth Saving: Recognize the value of small preserves, especially those with unique ecological features, high restoration potential, or educational value.
  6. Construct Corridors if It's Easy: Consider creating corridors to connect larger habitat patches, facilitating species movement and genetic exchange, but prioritize practicality and feasibility.
  7. Consider the Whole Landscape: Understand how human-modified landscapes interact with natural areas and consider the broader landscape context in land protection decisions.
  8. Save Rare, Threatened, and Endangered Species: Prioritize protecting habitats for rare, threatened, and endangered species, but plan for long-term habitat management to ensure their survival.
  9. Prioritize: Develop a scoring system to prioritize land acquisitions based on the quality of the land, the deal's feasibility, and the land trust's ability to ensure adequate stewardship.

Chapter 5: Choosing Land to Save

Introduction: Saving land and rationales

A land trust's mission to save land, particularly natural lands, necessitates a clear understanding of the underlying reasons for such preservation. These rationales can be categorized into three main areas: aesthetic, practical, and ethical or moral considerations.

Aesthetic Reasons: Beauty and connection to nature

The aesthetic value of natural lands lies in their intrinsic beauty, providing a source of inspiration, tranquility, and connection to the natural world. May Theilgaard Watts, in her book "Reading the Landscape of America," emphasizes the profound experience of immersing oneself in natural landscapes, likening it to walking on a history book with a "flexible cover". Preserving such landscapes ensures the continuation of these enriching experiences for future generations.

Practical Reasons: Ecosystem Services and economic benefits

Beyond their aesthetic appeal, natural lands provide vital ecosystem services that are crucial for human well-being. These services include climate moderation, flood prevention, pest control, and water purification, among others. While economists might advocate for exploiting these resources up to a certain limit, a more holistic approach recognizes the inherent value of preserving natural ecosystems in their entirety as a safeguard against potential ecological imbalances.

Ethical or Moral Reasons: A Land Ethic and Stewardship

Aldo Leopold's concept of a "land ethic" posits that humans should act as responsible members of Earth's ecosystems, acknowledging their interconnectedness with all living things. This ethical framework emphasizes nurturing and preserving nature rather than dominating and exploiting it. Similar sentiments are echoed in the writings of John Muir and John Burroughs, who recognized the limitations of a purely utilitarian view of nature. This ethical perspective underscores the moral imperative to protect natural lands for their intrinsic value and the well-being of all living beings.

Stewardship, often cited as a motivation for land protection, aligns with the land ethic by emphasizing responsible management of natural resources. It involves actively engaging in practices like prescribed burns and invasive species control to maintain the health and integrity of ecosystems.

Conservation Biology and Biodiversity: Guiding Principles for Land Selection

Conservation biology provides valuable insights for land trusts to effectively protect biodiversity. Preserving biodiversity encompasses safeguarding not only species from extinction but also the diversity of ecosystems, landscapes, and genes. Land trusts can apply principles from conservation biology to formulate rules for acquiring land that maximizes their conservation impact.

Conservation Rules for Acquiring Land: Practical Guidelines for Land Trusts

Rule 1. Protect Intact Ecosystems and Landscapes:

Rule 2. Vision, Planning, and High-Quality Sites:

Rule 3. Prioritize Larger Areas:

Rule 4. Connect Existing Preserves:

Rule 5. Consider Small but Ecologically Significant Preserves:

Rule 6. Protect Source Habitats:

Rule 7. Protect Sink Habitats Judiciously:

Rule 8. Consider Species Needs When Protecting Endangered Species:

Rule 9. Prioritize Acquisitions Based on Land Quality, Deal Quality, and Stewardship Potential:

Weighing Ownership vs. Easements: Balancing Control and Pragmatism

The decision of whether to acquire land outright or pursue conservation easements involves considering factors such as control, stewardship capacity, and financial resources. While outright ownership provides greater control over management, easements can be a more pragmatic approach for protecting larger areas or working lands. Some land trusts prioritize easements to avoid the burden of managing multiple small properties.

Chapter 6: Stewardship

Defining Stewardship

Stewardship is the ongoing care and management of land to achieve specific conservation goals. These goals may include:

Stewardship Methods

Importance of Planning and Science-Based Management

Stewardship Challenges

Community Involvement and Education

Monitoring and Evaluation

Preserve Defense

Stewardship and the Future of Land Conservation

Chapter 7: How to Save Land

This chapter discusses the legal and financial mechanisms for land conservation, focusing on:

Methods of Protecting Land

Gifts and Sales

More Esoteric Ways to Save Land

The Conservation Easement Document

Conservation Easements from the Standpoint of the Land Trust

Public Benefit

Why Owners Protect Their Land

Chapter 8: Defending Conservation Easements

Monitoring

Land trusts need to regularly revisit each easement property, at least annually, for two main reasons:

Baseline Documentation

Baseline documentation is essential for successfully defending a conservation easement in case of a serious challenge. It's analogous to the plans and specifications used in construction, providing a detailed record of the property's condition at the time the easement was granted. This documentation is crucial for establishing a clear understanding of what was intended to be protected.

The Liberty Ship Mentality

Unfortunately, some land trusts fall short in baseline documentation and monitoring due to what's referred to as the "Liberty ship mentality." During World War II, Liberty ships were mass-produced rapidly, with a focus on speed over long-term durability. This approach led to quality issues that manifested later. Similarly, some land trusts prioritize quickly acquiring easements without sufficient attention to the long-term requirements of monitoring and enforcement.

Underestimation of Violations

The actual frequency of conservation easement violations may be higher than reported. A study in the San Francisco Bay Area found that 14% of easements had violations, but this figure only accounts for the easements that were being monitored. Since the same study found that only about half of the easements were being monitored, the actual violation rate could be significantly higher.

Addressing Violations

When violations do occur, the goal is to restore the conservation values in the simplest and least confrontational way possible. Fortunately, most landowners are willing to rectify the situation once they understand the problem and the terms of the easement. Sometimes, the language in an easement can be vague or open to misinterpretation, leading to unintentional violations.

Amending Easements

While amending an easement can sometimes be the best way to resolve a problem, it's generally advisable to keep amendments rare. Amending an easement can be complex, involving considerations such as tax deductions, private benefit, conservation values, the original donor's intent, and public perception.

The generally accepted rule for amendments is to consider them only if they won't harm and preferably enhance the conservation values, and if the easement change increases the property's value, the land trust should receive assets of at least equal value.

The Uncertain Future of Easements

The future of conservation easements remains somewhat uncertain. There have been both positive and negative legal developments. While some court decisions have supported the validity and enforceability of easements, other trends, such as questions about the charitable trust doctrine, raise concerns about their long-term strength.

On the positive side, land trusts are becoming more aware of the importance of carefully drafting and defending easements to ensure their lasting effectiveness.

Chapter 9: The Land Trust Alliance

Origins of the Land Trust Alliance

Publications and Programs

Shifts in Focus

The LTA's Influence and Future Directions

Chapter 10: The Nature Conservancy

The Nature Conservancy's Origins and Early History

The Nature Conservancy's Transformation and Growth

The Nature Conservancy's Current State

The Nature Conservancy's Strengths and Challenges

The Nature Conservancy's Future

TNC and Local Land Trusts

Chapter 11: The Trust for Public Land

Origins and Mission

Approach and Scale

Financial Resources and Impact

Planning Process and Community Involvement

Comparison with The Nature Conservancy

Chapter 12: Farmland Protection

The Importance of Farmland

Reasons for Saving Farmland

The sources outline a comprehensive set of reasons for saving farmland, categorizing them as:

Aesthetic Reasons

Practical Reasons

Ethical Reasons

Farmland Protection Strategies

Challenges in Farmland Protection

Farmland Protection Organizations

Examples of Farmland Protection

Chapter 13: Trails and Greenways

Early Trails

The Rails-to-Trails Movement

Benefits of Trails and Greenways

Challenges of Trails and Greenways

Greenways as Corridors

Case Study: The Katy Trail

Trails and Land Trusts

Chapter 14: A Diversity of Local Land Trusts

Regional Differences in Land Trusts

Examples of Local Land Trusts

The sources provide examples of seven local land trusts, highlighting their diverse approaches and accomplishments.

The Need for Research and Education

The sources emphasize the importance of research and education in advancing the land trust movement.

Research

Education

Chapter 15: A Cleaner, Greener Land

The Need for Data-Driven Approaches in Land Conservation

The sources advocate for a more rigorous, data-driven approach to land conservation. They suggest land trusts can benefit from research and analysis to inform their decision-making and evaluate the effectiveness of their efforts.

Specific Areas for Research:

Education as a Central Mission for Land Trusts

The sources stress the importance of education as a fundamental responsibility for land trusts. They argue that educating the public is essential for building support for land conservation, fostering a sense of place, and inspiring future generations to become stewards of the land.

Key Educational Themes:

Embracing a Holistic and Adaptive Approach

The sources encourage land trusts to adopt a holistic and adaptive approach to land conservation. This means: