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HomeMy WebLinkAbout2007 04-09 500 CMWAGENDA CITY COUNCIL/MANAGER WORKSHOP Monday, April 9 2007 Council Chambers, City Hall 5:00 p.m. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. NEW BUSINESS 1. Conservation Easement E. ADJOURNMENT V __ 0•,p WIF p ALI. Ai 'g 7)i N A �4n�g A, Y -Dan Rogers, Bemidji landowner LAI T he Minnesota Land Trust is a nonprofit organization dedicated to permanently protecting the land and water resources that define our communities and enrich our quality of life. Through conservation easements, the Land Trust works in partnership with interested landowners across the state to preserve important natural and scenic resources by limiting the use and development of their land. Conservation easements offer landowners the opportunity to retain and enjoy their land while knowing it will be safeguarded for future generations. WHAT IS A CONSERVATION EASEMENT A conservation easement is a set of restrictions a landowner voluntarily places on his or her property in order to preserve its conservation values. The conservation values of the property and the restrictions created to preserve those values, along with the rights reserved by the landowner, are detailed in a legal document known as a conservation easement. This document is filed with the local county land records. A conservation easement is conveyed to a government agency or nonprofit conservation organization qualified to hold and enforce easements. Most conservation easements—including all of those held by the Minnesota Land Trust—are perpetual. They apply to the current owner and all future landowners, permanently protecting the property. Each conservation easement is unique, specifically tailored to the particular land being protected as well as to the particular situation of the landowner. WHAT TYPES OF LAND CAN BE PROTECTED THROUGH CONSERVATION EASEMENTS? Conservation easements can be used to protect a variety of lands, but the Minnesota Land Trust concentrates its efforts on: Natural habitat for wildlife, fish and plants such as prairies, forests, blufflands, or wetlands. Lakeshore, rivers and streams, the natural features and systems with which Minnesota is so identified. Scenic landscapes, particularly those with local community; cultural or historic significance. Not all properties are suitable for protection through conservation easements with the Minnesota Land Trust. Whenever possible we will provide landowners with information on other options. WHAT RESTRICTIONS ARE INCLUDED IN A CONSERVATION EASEMENT? First, conservation values are defined and then restrictions are created to protect those values. Restrictions may apply to all of a landowner's property or to only a portion of it. Typically, easements address subdivision, commercial or industrial uses, mining, construction of buildings or roads, utilities, disturbance. of the vegetation or topography and any activities on the property that might interfere with the conservation purpose for the easement. For example, an easement preserving rare woodland habitat may require that the property be left entirely in its natural state, prohibiting all development. Or, to protect a lake or stream, an easement may allow limited inland construction of buildings or trails while restricting such activities along the more fragile shoreline. Some easements may permit continued farming or limited timbering. Others may provide for enhancement of wildlife habitat or restoration of native prairie. WHAT ARE THE EFFECTS OF A CONSERVATION EASEMENT ON AN OWNER tS PROPERTY RIGHTS? A landowner retains all rights to the property not specifically restricted or relinquished by the easement. The landowner still owns the land and has the right to use it for any purpose that is consistent with the easement, to sell, to transfer or to leave it through a will. Typically, landowners rs also retain the right to restrict public access. WHAT OBLIGATIONS COME WITH A CONSERVATION EASEMENT? Landowner: The landowner remains responsible for the land—for its maintenance and upkeep, for paying taxes and for otherwise meeting the typical obligations of land ownership. Conservation easements add only a few further requirements: To notify the Minnesota Land Trust of proposed changes to the property To allow periodic monitoring visits To notify the Minnesota Land Trust when selling or transferring the property To comply with the restrictions in the easement hnaf- 7 Minnesota Land Trust: The Minnesota Land Trust is obligated t oversee and enforce the terms of the easement. A representative will periodically schedule visits to the property to make sure the land continues to be used according to the easement. If necessary, the Minnesota Land Trust, will legally defend the easement in the event of a violation. The Land Trust does not otherwise have the right to use the property without the landowner's permission. WHAT ARE THE BENEFITS OF A CONSERVATION EASEMENT? Land Protection—Conservation easements are a cost effective tool to protect Minnesota's increasingly threatened land and water resources, preserving wildlife habitat, safeguarding our waters and capturing scenic vistas for today and tomorrow. Living Legacy—Conservation easements give landowners peace of mind, knowing that their commitment to protecting their "special places" will be forever respected and remain an enduring legacy for their family and their community. Common Good—Conservation ease- ments allow landowners to contribute to local communities and to the state by pro- tecting the land and water resources that provide us with our cherished quality of life. Financial Benefits --- Conservation advisors. CONSERVATION EASEMENT CASE STUDIES Bruce and Lois Garbisch—St. Louis County, Minnesota Bruce and Lois Garbisch own undeveloped lakeshore property on Elbow Lake in St. Louis County, Minnesota. Glacial rock outcroppings and a boreal forest of red and white pine, aspen, spruce, balsam fir Photo by jeznne WnEtit Pictured is a view of Bruce and Lois Garbisch's property on Elbow Lake in St. Louis County in northern Minnesota. The property was protected with a conservation easement to preserve its natural habitat, lakeshore and scenic qualities. easements may reduce a landowner's tax obligations in number of ways: Income Taxes: As with other charitable contributions, the donation of a conservation easement under certain circumstances may allow the landowner to claim a federal income tax deduction for the value of the easement, Estate Taxes: A gift of a conservation easement may also reduce federal estate taxes, making this an effective way to transfer land to the next generation with its natural features intact. Property Taxes: An easement that reduces the value of the land may result in lowered annual property taxes. The rules governing all of these potential tax savings are complex and require the advice of professional and cedar line its 1,300 feet of shoreline, a striking contrast to the clear blue waters of Elbow Lake. Blueberry and bunchberry patches are scattered throughout the property and large leaf asters carpet the ground. The low-lying areas are characterized by bogs and swamps, while the higher ground provides wonderful views of the surrounding area. Except for logging in the 1890s, only natural forces have altered the land over the years. Now, with development changing the character of many northern Minnesota lakes, this property has become an . increasingly rare example of the hikeshore landscapes that have drawn people to the area summer after summer. Working with the Minnesota Land Trust, the Garbischs have now protected their property from page 3 Nick and Geraldine Gulden—Wabasha County, Minnesota Nick Gulden has long loved the outdoors and in 1983 he purchased his own tract of undeveloped woodland overlooking the Mississippi River in southeastern Minnesota. Typical of the scenic blufflands that have historically defined this stretch of the river, the property includes native stands of walnut, basswood, hickory, ash and a variety of species of oak. The Weaver Bottoms area of the Mississippi River can be seen from the higher bluffs and ridges of the property. MOW DY MUC VVQW in 1998, Nick Gulden placed a conservation easement on his Wabasha County property through the Minnesota Land Trust to protect habitat for a variety of wildlife. these pressures and preserved its beauty and natural state with a conservation easement. The easement allows for a small cabin in the future, but prohibits all development along the lakeshore and any use of the property that would interfere with important natural habitat or scenic values. "Our family wanted to preserve an undeveloped segment of lakeshore in its scenic, natural state and be assured that it would remain protected for future generations," said Bruce Garbisch. "I'm grateful that the Minnesota Land Trust makes this type of conservation effort feasible for private landowners." For 15 years, Nick watched development gradually intrude into the area. Concerned about the long-term future of his own property, he contacted the Minnesota Land Trust and, in 1998, entered into a conservation easement protecting the property's scenic setting and woodland habitat. The easement allows for limited timber harvest and enhancement of wildlife habitat. In addition to a single campsite, the easement provides for the construction of a small shed on a designated site where it will not interfere with the scenic characteristics of the property or its value as wildlife habitat. It also allows Nick to continue to maintain old field and logging roads for walking trails and fire breaks. All other development is prohibited. Nick and his friends continue to hunt deer, turkey and grouse on the property. After he retires, Nick plans to selectively harvest some of the timber, but for now he manages his woods for wildlife habitat, hunting and recreation. And with the conservation easement in place, Nick is confident that others will also be able to enjoy these scenic bluffs and woodlands for years to . come. For more information, contact: Minnesota Land Trust 2356 University Avenue W., Suite 240, St. Paul,, MN 55114 Phone: (651) 647-9590 Toll-free: (877) NILT-LAND (658-5263) E-mail: mnland@mnland-org Web site: www.mnland.org rogelher, using tools Such as conservation easements, we can permanently protect the land and water resources that define Minnesota communities. February 2002 Minnesota Land Trust Project Flow Chart Contact landowner Minnesota Land Trust conservation staff contact potential easement donors in person, by phone or through the mail. Interested landowners complete a landowner questionnaire to help the Land Trust learn more about the property and better understand a landowner's goals and conservation objectives. N Visit site A Land Trust staff member visits the site—with the landowner and the landowner's family whenever possible—to evaluate, document and photograph the property's natural and scenic values. I N ON LA Gather and assess project information The Minnesota Land Trust obtains maps, title work and other information about the property and the surrounding area. Land Trust staff and the landowner continue project discussions and identify funds needed to cover costs associated with the project, including the funding to cover the Land Trust's responsibilities for monitoring and stewardship. The landowner contacts an attorney and, if interested in potential tax benefits, arranges for the property to be appraised. m Draft conservation easement The Land Trust staff attorney prepares a draft conservation easement for review by the landowner and the landowner's attorney. 110 Secure approvals Land Trust staff prepare a project summary to present the project for review to the Land Trust's Conservation Committee. The Committee evaluates the project by examining the conservation values of the property, the public benefits provided by the project, threats to the property,, transaction details, and financial considerations. The Minnesota Land Trust Board of Directors reviews and approves the project at its next regularly scheduled meeting. IG Finalize and record documents After additional review and discussion, final documents are prepared for signature and recording. 11 1 A ka Complete project follow-up In addition to completing the easement itself, Land Trust staff prepare a baseline property report documenting with text, photographs and maps the property's history, natural features, vegetation, structures and improvements. Land Trust staff also finalize stewardship fund- ing, create a monitoring plan, and implement any publicity plans. Defend easement forever In partnership with the landowner and the community in which the property sits, the Minnesota Land Trust begins its long-term commitment to protecting the land and preserving its conservation values into the future. Minnesota Land Trust • 2356 University Avenue West, Suite 240, St. Paul, MN 55114 - 651.64T9590 • mm.mnland.org 0 May 2003 Printed on recycled paper Minnesota Land Trust Conservation Easement Stewardship Working Jn Partnership with Landowners and the Communities in Which Their Lands Are Located Conservation easements are forever. With each easement, the Minnesota Land Trust accepts responsibility to protect that land and its conservation values into the future. Stewardship in the Minnesota Land Trust is that portion of our program designed to make sure that we do meet our responsibility for each conservation easement over time. Components of a Conservation Easement Stewardship Program There are a number of specific components to the Minnesota Land Trust's conservation easement stewardship program. These include: • Creating the baseline property report. • Easement administration. Monitoring. • Landowner relations. • Community relations. Easement enforcement and defense. Each component of the program, discussed generally below, plays a critical role in making sure the Land Trust fulfills its obligations to our landowners and the lands they have placed in our care. Volzintary Compliance vs. Legal Enforcement The primary objective of our stewardship program is to preserve the conservation values of those lands protected by conservation easements. Ensuring compliance with the terms of each easement is critical to meeting this objective, The Minnesota Land Trust is prepared to legally defend and enforce its easements when necessary. Legal enforcement, however, is a remedy of last resort. Our program is most successful if compliance is voluntary. Therefore, we work in partnership with landowners—and the local communities in which our protected lands are located—to encourage voluntary compliance with the terms of our conservation easements whenever possible. (Over) Working in Partnership The Minnesota Land Trust recognizes that it cannot be successful without working in cooperation with the many landowners dedicated to protecting their lands through conservation easements. The Land Trust respects the commitment made by these landowners and is dedicated to working with them in a respectful and professional manner. In all of our stewardship activities, we strive to • Establish and maintain good relationships with our landowners. • Establish and maintain good relationships with the communities in which our easements are located. • Provide professional, timely responses and service to our landowners. Recordkeeping Our commitment to land preservation cannot be met unless we also manage our program to keep track of the status and condition of the lands protected by our conservation easements. Therefore, we also: • Document the condition of lands protected by each casement at the time the easement is completed by completing a baseline property report. • Monitor the condition of the property over time. • Maintain accurate records regarding each conservation easement accepted by the Land Trust. Funding The Minnesota Land Trust has created a dedicated stewardship and enforcement fund to provide a long-term pagging source of income to cover the ongoing long-term costs associated with monitoring and managing our portfolio of conservation easements. The fund is also available to cover extraordinary expenses associated with managing, upholding or defending an easement should its terms or validity be at risk. Contributions to the stewardship fund are pooled from a number of sources, including landowners, and are managed to support all of the overall needs and obligations of the Minnesota Land Trust. The Land Trust strives to be as efficient and effective as possible in using these funds to support our ongoing stewardship activities. Contributions to the fund are always needed. ongoing Contact the Minnesota Land Trust for information on how to support our stewardship work. Minnesota Land Trust • 2356 University Avenue West, Suite 240, St. Paul, MN - 55114 651-647-9590 • wwwmnland.org 0 February 2004 Printed on recycled paper Minnesota Land Trust Completed Projects as of June 30, 2006 ............... zttsotl PJ=U `P 4 Pemington 7 RA UW 'J"O vr6tk' Nbrr= Clay . 1%bhrd -2 Becktr - h' Tai e' WWt mg TOM tIc Lac P1. 20 40 6o Miles I I t I I IJ Completed Projects Map o Completed Conservation Projects MN Land Trust Central Region MN Land Trust Northern Region MN Land Trust Southern Region MN DNR Land b 40 acre parcel Federal Land by 40 acre parcel Municipal Boundaries Lakes and Rivers Sources: MN DNR Data Deli Community GIs, Inc. • OaT -D -,0 , 1 . bec TraNvse 1>0 Pe Stearks Sher . . . . . . . . . . 0 20 40 6o Miles I I t I I IJ Completed Projects Map o Completed Conservation Projects MN Land Trust Central Region MN Land Trust Northern Region MN Land Trust Southern Region MN DNR Land b 40 acre parcel Federal Land by 40 acre parcel Municipal Boundaries Lakes and Rivers Sources: MN DNR Data Deli Community GIs, Inc. •