ShareAmending Conservation Easements
Organization: Pennsylvania Land Trust Association
Powerpoint presentation providing overview of easement amendments and guiding principles.
Authorization of Real Estate Transactions: Rules and Processes for Nonprofits
Organization: Pennsylvania Land Trust Association
Year: 2012
Print version: Within the bounds of state law and private standards of practice, a nonprofit organization has considerable flexibility in establishing policies and procedures regarding the authorization of real estate transactions. 11 pages
Collaborative Opportunities for Land Trusts: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2012
print version of the ConservationTools.org guide: Many types of collaborative approaches are available to help land trusts and others advance land conservation. This guide identifies opportunities for collaboration, provides guidance in structuring productive collaborations, and presents examples of successful organizational partnerships. 30 pages
Commission-Based Compensation Fundraising: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2012
print version of the ConservationTools.org guide: Commission-based compensation for fundraising by staff and consultants, although legal, is widely viewed as a bad practice for nonprofits. 8 pages
Conservation and Preservation Easements Act: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide:
Although Pennsylvania common law has supported conservation easements, the Conservation and Preservation Easements Act enables conservation practitioners to avoid a number of weaknesses and ambiguities in common law. To take advantage of the Act, the conservation easement document must be written in conformance with the statute’s standards.
8 pages
Costs of Conservation Easement Stewardship: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide:
The holder of a conservation easement must monitor the eased property to confirm compliance with conservation restrictions and, when necessary, take action to uphold the conservation objectives of the easement. These and other stewardship activities result in costs, year in and year out, to the holder.
17 pages
Costs of Due Diligence in Conservation Acquisitions: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide:
To responsibly accomplish a conservation easement or land acquisition, due diligence is necessary. This guide describes the costs incurred by land trusts and agricultural land preservation boards in completing surveys, baseline documentation, appraisals, title search and insurance, phase 1 environmental assessments and legal services in support of conservation acquisitions.
7 pages
Economic Benefits of Biodiversity: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide: Economic impact studies document the many and substantial economic benefits generated by biodiversity. This guide identifies major studies, summarizes key findings of each and provides hyperlinks to the studies. 7 pages
Economic Benefits of Land Conservation: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide: The conservation of natural lands and of working farms and forests can generate financial returns, both to governments and individuals, and create significant cost savings. 33 pages
Economic Benefits of Parks: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide: Economic impact studies document the many and substantial economic benefits generated by parks. This guide identifies major studies, summarizes key findings of each and provides hyperlinks to the studies. 11 pages
Economic Benefits of Smart Growth and Costs of Sprawl: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide: Sprawling patterns of development create heavy economic burdens -- problems, costs and liabilities far in excess of the benefits. Conversely, smart growth strategies can enhance economic vitality. 12 pages
Economic Benefits of Trails: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide: Economic impact studies document the many and substantial economic benefits generated by trails. This guide identifies major studies, summarizes key findings of each and provides hyperlinks to the studies. 14 pages
Farm Options, conserveland.org
Organization: Pennsylvania Land Trust Association
Provides resources for farmland protection, including a comparison of agricultural easements to standard conservation easements.
Growing Greener, Melding Conservation and Development
Organization: Pennsylvania Land Trust Association
Year: 2005
A case study on Conservation by Design. The studies provide the perspective of both the land owner and the developer in creating open-space friendly developments.
Introduction to Conservation Easements
Organization: Pennsylvania Land Trust Association
A conservation easement is an agreement between a landowner and a land trust or governmental body that limits certain uses on all or a portion of a property while keeping the property in the landowner’s ownership and control.
Introduction to Land Trusts and Their Work
Organization: Pennsylvania Land Trust Association
Land trusts are charitable organizations that work cooperatively with landowners to conserve land in the public interest. Click on the heading to read a short essay on land trusts and their work.
Local Regulation for Historic Preservation: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
A print version of the ConservationTools.org guide: Local municipal regulations can provide substantial protection to historic resources, preserving their contributions to cultural vitality and helping communities maintain quality of life. 35 pages
Management of the Document Preparation Process: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2012
Print version: When a document needs to be reviewed, edited and approved by more than one person, good document management and control practices help prevent time-consuming missteps and confusion for all the parties involved. 6 pages
Model Conservation Easement: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide: The Model Grant of Conservation Easement and Commentary provides users with a model legal document and expansive guidance covering alternative and optional provisions and the reasoning behind it all. Plain language, user-friendliness, flexibility and best practices are key design elements. It is regularly updated to reflect advances in the field. 8 pages
Model Conservation Funding Covenant and Commentary
Organization: Pennsylvania Land Trust Association
Year: 2011
Used to secure payment of deferred contributions, private transfer fees and other conservation contributions promised by present landowners and to be paid by either them or future owners. The model offers ten basic ways to structure financial arrangements. Read the commentary, not just the model document!
Model Donation Memorandum and Commentary
Organization: Pennsylvania Land Trust Association
Year: 2011
The Model Donation Memorandum puts into practice the research, analysis and recommendations of the Pledges and Donation Agreement guide. The commentary to the model is intended as a resource, to explain the purpose of each provision in the model memorandum, refer the user to pertinent portions of the guide for further analysis; and provide alternative and optional provisions.
Model Grant of Conservation Easement and Commentary
Organization: Pennsylvania Land Trust Association
Year: 2011
Download both the model and the commentary! The Model Grant of Conservation Easement and Commentary, now in its 6th edition, provides users with a state-of-the-art legal document together with an expansive commentary covering alternative and optional provisions and the reasoning behind it all.
Model Grant of Fishing & Boating Access Easement
Organization: Pennsylvania Land Trust Association
Year: 2011
Use to provide public access to or along a waterway for fishing, boating or other recreational and educational uses. This model legal instrument may be used as a stand-alone document or may be coupled with a Grant of Conservation Easement to provide natural resource protections as well. The commentary to PALTA's Model Trail Easement Agreement doubles as the commentary to this model.
Model Grant of Trail Easement and Commentary: A Short Form Alternative to the Model Trail Easement Agreement
Organization: Pennsylvania Land Trust Association
Year: 2010
The Model Grant of Trail Easement is brief -- one page (exclusive of signatures) as compared to nearly five for the model Trail Easement Agreement. The Grant of Trail Easement is provided in recognition that brevity is sometimes the paramount concern of landowners. If establishing certainty as to landowner and holder rights and responsibilities and other trail matters is of significant concern, the Trail Easement Agreement is the better choice. BE SURE TO READ THE COMMENTARY!
Model Legal Documents: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide: The Pennsylvania Land Trust Association maintains a suite of model legal documents to help implement conservation transactions and other conservation-related activities. The accompanying commentaries contain alternative and optional provisions and explain the reasoning behind it all. 8 pages
Model Mortgage Subordination and Commentary
Organization: Pennsylvania Land Trust Association
Year: 2011
A model legal document and accompanying guidance to help users in obtaining the "subordination" of a mortgage to a conservation easement.
Model Riparian Buffer Protection Agreement and Commentary, 2nd Edition
Organization: Pennsylvania Land Trust Association
Year: 2011
This model grant of conservation easement is designed for permanently protecting riparian buffers along waterways to protect water quality. The commentary explains the purpose behind each provision and provides alternative and optional provisions. Be sure to review the commentary before using the model.
Model Trail Easement Agreement and Commentary (3rd edition)
Organization: Pennsylvania Land Trust Association
Year: 2010
Download both the model document AND the commentary! The state-of-the-art model is coupled with an expansive commentary covering alternative and optional agreement provisions and the reasoning behind it all. Users can easily customize the agreement to handle a variety of potential trail types and uses. The model uses plain language and careful formatting to improve readability.
Mortgage Subordination: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide:When a mortgage precedes an easement on a property, there is no guaranty of perpetual enforceability of the easement unless the mortgage holder signs a document (sometimes called a "mortgage subordination") that allows the easement to survive a foreclosure of the mortgage. While not easy or quick to obtain, careful preparation that addresses the concerns of the mortgage holder can expedite the process. 12 pages.
Pledges and Donation Agreements: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2010
print version of the ConservationTools.org guide: Before investing time and money in a prospective project, a conservation organization may seek to minimize the potential for misunderstandings with the prospective donor for the project and make the donor’s promise to support the project a legally binding obligation. 15 pages.
Public Dedication of Land and Fees-in-Lieu for Parks and Recreation
Organization: Pennsylvania Land Trust Association
The full title of this 29-page publication is "Public Dedication of Land and Fees-in-Lieu for Parks and Recreation: A Guide to Using Section 503(11) of the
Pennsylvania Municipalities Planning Code." Pennsylvania municipalities may require developers to provide new parkland or pay fees to support recreation for residents of new developments. This guide explains how it can be done.
Recreational Use of Land and Water Act: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide: Pennsylvania’s Recreational Use of Land and Water Act limits the liability, resulting from personal injury or property damage, of landowners who make their land available to the public for recreation free of charge. 8 pages
Reducing Liability Associated with Public Access (A ConservationTools.org Guide)
Organization: Pennsylvania Land Trust Association
Year: 2011
Public access to property for recreational uses – such as hiking, bird watching, fishing and hunting – raises concern about the possibility of liability on account of injury to a recreational user. Pennsylvania law provides some protection from liability associated with public use of property for recreational purposes. Also there are practical steps that can be taken to minimize risk of liability.
Reducing Pennsylvania Inheritance Tax: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2012
print version of guide: In Pennsylvania, death triggers a state inheritance tax on the distribution of the deceased person’s assets (called the “estate”) to the beneficiaries of the estate. Conservation restrictions on land included in the estate can reduce the inheritance tax owed. 4 pages
Regional Growth Management and Regional Transportation Planning (Tri-County Regional Planning Commission, Central Pennsylvania)
Organization: Pennsylvania Land Trust Association
Year: 2011
In an effort to update both its Regional Growth Management Plan and Regional Transportation Plan, the Tri-County Regional Planning Commission implemented scenario build-outs throughout its entire service region, which includes 103 municipalities in the counties of Cumberland, Dauphin and Perry.
Rights of First Purchase (Offer, Negotiation or Refusal): A Guide
Organization: Pennsylvania Land Trust Association
Year: 2012
print version of the ConservationTools.org guide: A right of first purchase gives a potential purchaser the opportunity to purchase before a property is sold to another. It can be a right of first offer, a right of first negotiation, a right of first refusal or a combination of these rights. 8 pages
Riparian Buffer Protection Agreement: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide: A riparian buffer protection agreement limits activities on all or a portion of a property to advance conservation purposes while keeping the property in the control of the landowner. 13 pages
Starting a Land Trust
Organization: Pennsylvania Land Trust Association
Click for information on starting a land trust to work to identify and tap the energies and resources of all who are sympathetic to your conservation concerns.
Steep Slope Ordinance: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2010
print version of the ConservationTools.org guide: Zoning regulations for development on and disturbance of steep slopes can prevent erosion and reduce the risk of landslides that endanger lives, damage property and infrastructure, harm water quality, and degrade wildlife habitat. These regulations can also preserve the aesthetic character of visually prominent hillsides by discouraging vegetative clearing and excessive earthwork to accommodate development. 18 pages
Stewardship Costs Calculator
Organization: Pennsylvania Land Trust Association
The "Worksheet to Calculate Stewardship Costs and Endowment Needs for Property under Protection Agreement" is designed to address relatively simple properties of similar character. It does not factor reserved rights for subdivision and development, which can be huge factors in determining future costs.
Stewardship Fees: Binding Future Owners to Present Promises: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2010
print version of the ConservationTools.org guide: When a landowner asks a land trust to defer all or part of a requested stewardship contribution into the future, what are the issues, opportunities and risks that need to be considered? If a land trust wants to generate revenue by collecting fees triggered by future events (e.g., transfer) what approaches are available to maximize enforceability? Print edition of tool published at ConservationTools.org. 24 pages.
Street and Sidewalk Design: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2010
print version of the ConservationTools.org guide: Good street and sidewalk design can foster healthier communities by improving public safety, enhancing mobility by fairly supporting all transportation choices, reducing environmental impacts and building community character. 16 pages
Traffic Calming: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
A print version of the ConservationTools.org guide "Traffic Calming". Traffic-calming incorporates a variety of design and management strategies in local streetscapes to control volume and speed of traffic for the safety of both motorists and non-motorists. 30 pp.
Water Quality Improvement Easement & Commentary: A Model Document and Guidance
Organization: Pennsylvania Land Trust Association
Year: 2005
Secures long-term access through and to property for the purpose of remediating the effects of abandoned mine drainage.
Zoning for Non-Commercial Solar and Wind Systems: A Guide
Organization: Pennsylvania Land Trust Association
Year: 2011
print version of the ConservationTools.org guide: Municipalities may adopt zoning regulations governing the installation and operation of solar and wind energy systems. This guide specifically examines zoning for non-commercial installations (for example, residential rooftop solar panels). 20 pages
