Stewardship Policy For Full Title Acquisitions
The primary goal of the Conservancy is to permanently maintain and protect the land it owns in a manner consistent with the Conservancy's mission and the wishes of the former owner. Ownership of land is a major committent for the Mohawk Hudson Land Conservancy. Conservancy land is protected and managed under the Conservancy's stewardship policy.
Stewardship And Management Plan
A written stewardship and management plan is prepared for each Conservancy-owned property.Visitor Access
Whenever possible, Conservancy-owned property is open to the public for passive recreational use as defined in individual stewardship and management plans. Before designating that a property be open to visitors, factors such as the use of surrounding property, potential damage to resources on the property, and accessibility are evaluated. Conservancy-owned property open to the public may be temporarily closed or its use may be restricted to protect wildlife or other natural features, or to protect visitors from hazardous conditions. In some cases, the Conservancy may require visitors to obtain permission before visiting a Conservancy-owned property.
Monitoring
Conservancy-owned property is monitored by a board or staff member or a trained volunteer. The purpose of monitoring is to identify and document any concerns and trespass, protect against liability, evaluate the natural features for which the land is protected, and document the effects of any permitted visitor use. Monitoring may include, but is not limited to: walking property boundaries or aerial surveillance; photography for documentation and to monitor the natural features for which the property is protected; and talking with neighboring landowners. Any trails and related structures on Conservancy-owned property are monitored several times each year to ensure visitor safety, continued access and prompt repairs.
Enforcement
If there is any use of Conservancy-owned property that is inconsistent with its stewardship and management plan or the mission of the Conservancy:
Informal notice: The Conservancy will document the infraction in writing, and with photographs if possible. A board or staff member will then contact, in person if possible, the party responsible for the infraction and explain the permitted and prohibited uses of the property and ask that the activity he halted and/or remedied. If the infraction is in violation of the law, authorities will be notified. The Conservancy attorney will be notified as soon as possible of all action taken and every effort will be made to informally negotiate acceptable resolution.Formal notice: If the nonconforming use persists or is not adequately remedied, the Conservancy will prepare a formal written inspection report and notify in writing the party responsible for the violation specifying a compliance date. If the activity persists or is not remedied by the requested compliance date, the Conservancy with its attorney will evaluate all options for mediation and arbitration in an attempt to resolve the problem without litigation.
Legal action: If the above procedures fail to resolve the problem, the Conservancy will take all further appropriate legal action. In addition, if any activity immediately threatens the integrity of Conservancy-owned land and is not halted upon request, any Conservancy board member, staff member, or volunteer designated by the Board, may contact a member of the Executive Committee who will take appropriate action. If no member of the Executive Committee can be reached, any Board member may take appropriate action.
Stewardship Policy For Easements
The donation or sale of a conservation easement to the Mohawk Hudson Land Conservancy is a major commitment for a landowner. The primary goal of the landowner and the Conservancy is to permanently maintain and protect the easement property according to the terms of the easement. All properties on which the Conservancy holds easements are protected and managed under the Conservancy's stewardship policy.
Stewardship Plan
A written stewardship plan is prepared for each easement property. The plan includes:
- A copy of the easement,
- The Baseline Data Statement required by the Internal Revenue Service that contains a history of the property and baseline documentation,
- Any additional baseline documentation, and
- Potential threats to the integrity of the easement property that were identified during the acquisition procedure
Monitoring
Properties on which the Conservancy holds easements are monitored in accordance with the easement terms and the stewardship plan, and at least annually, by a board member, staff member, or trained volunteer. The purpose of monitoring is to identify any concerns including trespass and violation of easement terms, evaluate the natural features for which the property is protected, and document any effects of permitted uses. Monitoring may include, but is not limited to, walking property boundaries or aerial surveillance, and photography for documentation purposes and to monitor the natural features for which the property is protected.
Owners of properties on which the Conservancy holds easements are notified when the property will be monitored. Owners are invited to accompany the monitor(s) if possible, and owners are sent a copy of the monitoring report.
Inspection reports for each monitoring and other official site visits are maintained in the Conservancy files. If appropriate, a record of an easement inspection report signed by the Conservancy and the landowner will be filed with the Albany County registry approximately every five years.
Changes In Ownership
Owners of easement properties are asked to notify the Conservancy if the property changes hands or is rented. A Conservancy board or staff member will walk the property with the new owners (or residents) as soon as possible, explain the terms of the easement, and discuss any concerns the new owners may have.
Enforcement
If there is any use of a property on which the Conservancy holds an easement that is inconsistent with the easement provisions:
Informal notice: A Conservancy board or staff member will document the infraction in writing and with photographs if possible. A board or staff member will then contact, in person if possible, the landowner and any other party responsible for the infraction to explain the uses of the property that are permitted and prohibited under the terms of easement and ask that the nonconforming activity he halted and/or remedied. If the infraction is in violation of the law, authorities will be notified. The Conservancy attorney will be notified as soon as possible of all action taken and every effort will be made to informally negotiate acceptable resolution.
Formal notice: If the nonconforming use persists or is not adequately remedied, the Conservancy will prepare a formal written inspection report and notify in writing the party responsible for the violation specifying a compliance date. If the activity persists or is not remedied by the requested compliance date, the Conservancy with its attorney will evaluate all options for mediation and arbitration in an attempt to resolve the problem without litigation.
Legal action: If the above procedures fail to resolve the problem, the Conservancy will take all further appropriate legal action. In addition, if any activity immediately threatens the terms of the easement and is not halted upon request, any Conservancy board member, staff member, or volunteer designated by the board, may contact a member of the Executive Committee who will take appropriate action. If no member of the Executive Committee can be reached, any board member may take appropriate action.