alberta land trust 2009 03 2 of 6-stewardship monitoring training
TRANSCRIPT
Prepared by: Sue Michalsky, Paskwa Consultants Ltd., Tel: 306-295-3696 Email:[email protected]
MODULE #2
Stewardship Monitoring
Training Module
April 2010
This project is made possible through a grant from the Alberta Real Estate Foundation
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Stewardship Monitoring Training Module
Learning Outcomes:
1. Understand the critical importance of monitoring conservation properties
2. Understand the differences between monitoring requirements for conservation
easements and fee simple properties
3. Know the steps involved before, during and after a monitoring visit
4. Be able to determine the components and data/information required in a
monitoring form or report
5. Understand when and how often monitoring should be conducted
6. Determine who should monitor conservation properties
7. Determine where and how to store the monitoring file
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GLOSSARY
Affirmative obligations - A clause in the restrictions section of the conservation
easement that requires the landowner or the land trust to conduct management in a
certain manner or to meet a certain goal.
Baseline Documentation Report - The legal record of the site and condition of the
resource; included in the easement or deed package.
Conservation Easement - A legal agreement between a landowner and a qualified
conservation organization or government agency that limits a property's uses in
order to protect the property's conservation values. It is a voluntary, written
agreement that is registered on title to the land in Alberta in accordance with the
Alberta Land Titles Act. It binds current and future owners of the land.
Due diligence - the conduct that a land trust can reasonably be expected to exercise
to protect the public interest (i.e., the conservation value) of a property.
Fee Simple Interest - Ownership of all rights, title, and interest in a property.
Management plan - A fully researched, structured, and formally approved strategy
including a set of actions for the long-term maintenance or enhancement of
conservation values on a property.
Monitoring - The act of observing and keeping a record of the activities and
conservation values associated with a conservation property.
Property Management Principles - Sets of guidelines written into the conservation
easement agreement that direct property management on a conservation easement
property (also called affirmative obligations).
Restrictions - Terms or conditions placed in the conservation easement agreement
that restrict certain uses of the property by current and future owners.
Stewardship endowment - A dedicated, permanent source of funds for a land trust to
cover the costs of conservation easement monitoring and land management in
perpetuity.
Violations - Breaking, breaching or contravening the restrictions and affirmative
obligations outlined in a conservation easement agreement to the detriment of the
conservation values of a property.
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WHY MONITOR?
The purpose of monitoring conservation properties is primarily to determine any
changes or threats that may impact conservation values. The condition of the
property is compared against that documented in the baseline documentation
report (BDR) and against monitoring results from previous years. This purpose is
similar for conservation easement (CE) properties and for fee simple conservation
properties. However, the goals for monitoring differ between conservation
easements and fee simple properties and therefore, the content of the monitoring
reports should also differ.
Monitoring conservation easement properties is a responsibility land trusts commit
to as their part of ensuring conservation values are protected. Even with the best of
intentions, the capability of landowners to deliver on promises may be limited and
their available time varies considerably. Monitoring a conservation easement
property is the only way a land trust can ensure that the objectives of the
conservation easement agreement are being met. Monitoring compliance is an
essential practice to demonstrate due diligence if the conservation easement needs
defending in a court of law. Monitoring also provides an opportunity to develop a
successful partnership between the conservation easement holder (the land trust)
and the conservation easement grantor (the landowner).
Land trusts should ensure that they have general liability insurance for the lands
they own. Monitoring of fee simple properties can detect if there are or will be any
liability issues on the property (e.g., encroachment, unauthorized use, safety
hazards etc.) and will demonstrate due diligence in the event something happens.
Monitoring fee simple properties also serves to verify and refine management
actions. Monitoring allows the land trust to take periodic snapshots of the land
which can be measured against the conservation objectives for the property. It
allows evaluation of the accuracy of predicted human-induced effects and allows for
the according adjustment of management activities. Some land trusts call this
effectiveness monitoring because it serves to measure the effectiveness of
management and mitigation actions.
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WHEN & HOW OFTEN SHOULD MONITORING BE CONDUCTED?
MONITORING CONSERVATION EASEMENTS
Conservation easements should be monitored regularly. Typically, monitoring of
conservation easements is conducted annually. There is, however, no legal
requirement in Alberta’s conservation easement legislation that dictates how often
monitoring occurs. Therefore, many variations of monitoring efforts are possible.
Some land trusts with relatively simple easement restrictions may choose to
monitor every second year and contact the landowner by phone in the years in
between. Other land trusts, with more complex easement restrictions and property
management principles may choose to monitor on the ground one year and by aerial
survey the next. Or they may choose to conduct a detailed check of the property one
year and a more cursory check for one or more years before completing another
detailed check. The frequency of monitoring can be determined from the following
criteria:
1. Threats from adjacent lands such as invasive plant species or off-highway
vehicle use influences the frequency of monitoring;
2. New owners should be monitored with greater frequency than landowners
with a long record of non-violation. In addition, the initial monitoring visit to
a new owner may be more intensive in order to educate the landowner;
3. More frequent monitoring may be required when activities occur on or
adjacent to the property which have potential to impact conservation values.
For example in Alberta, conservation easements are subservient to the
Surface Rights Act. Therefore, petroleum development activities are
relatively common on conservation easement properties and have the
potential to impact conservation values;
4. Different motivators may influence the level of compliance by the landowner
which in turn influences the frequency and intensity of monitoring. Some of
the motivators may include purchased versus donated conservation
easements (landowners of donated CE properties may feel they were not
adequately compensated for the values they have given up; on the other hand
the motivation for selling a CE may be financial and the landowner may have
a low interest in conservation), the value of the conservation easement (high
value CEs provide greater temptation for violations) and the appreciation of
the land value resulting from surrounding land uses;
5. The character of the landowner may influence how likely they are to violate
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the conservation easement which in turn influences the frequency of
monitoring.
Any combination of monitoring techniques is acceptable as long as regular
monitoring and contact with the landowner is conducted. Regular monitoring of
conservation easements is important for a number of reasons including:
• Early detection of violations of the terms of the conservation easement
agreement minimizes damage to conservation values, and increases the
possibility of a resolution as opposed to legal action;
• Violations of the terms of the conservation easement agreement must be
identified in a reasonable time after they occur in order to demonstrate due
diligence on the part of the land trust;
• Regular monitoring establishes a record of due diligence which is critical in
the case of court action;
• Regular monitoring helps instill public trust and confidence in the land trust
and in conservation easements overall;
• Regular monitoring provides an opportunity to develop and maintain a
positive relationship between the land trust and the landowner. It reminds
the landowner of the easement, provides an opportunity for education of
both parties, and provides an opportunity for the landowner to discuss issues
with the land trust;
• Regular contact with the landowner will make it easier to determine changes
in ownership of properties;
• Regular monitoring on the ground, as well as communication with the
landowner, enables the land trust to determine if the easement is effective
and address deficiencies in future agreements;
• Regular monitoring helps address due diligence obligations by the land trust
to the Canadian Revenue Agency (in the case of donated conservation
easements), donors and the original landowner partner.
Some land trusts also conduct ‘drive by’ or informal monitoring of conservation
easement properties in order to help demonstrate due diligence. However, there is a
fine line between unannounced, unobtrusive monitoring visits and the impression
that the land trust is covertly watching and ready to reprimand the landowner for
disobeying the rules. The land trust must evaluate how informal monitoring will
influence the relationship between the land trust and the landowner.
In most cases, it is appropriate to conduct monitoring visits during the growing
season. Ideally, monitoring would be conducted during the same month of the year
as the baseline documentation was gathered.
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MONITORING FEE SIMPLE PROPERTIES
The frequency of monitoring is less critical for fee simple properties than for
conservation easement properties. The frequency will depend on the threats
identified in the baseline documentation report, the type of management actions
being undertaken, the land uses allowed on the property, and the capacity of the
land trust. The following table lists criteria that might be considered when
determining the frequency of monitoring fee simple properties.
More Frequent Less Frequent
Habitat restoration actions being undertaken Natural habitat intact
Recreational or resource (grazing, logging, energy
development) uses
No human uses of property
Adjacent land uses pose a major threat Adjacent land uses pose little
threat
On-site or nearby monitor available Remote staff responsible for
monitoring
Stewardship endowment fully funded Stewardship funding limited
In most cases, it is appropriate to conduct monitoring visits during the growing
season. Ideally, monitoring would be conducted during the same month of the year
as the baseline documentation was gathered.
In some cases, land trusts may own and monitor properties for which baseline
documentation was not gathered. These are usually properties which have been
owned for many years by the land trust and the goal of monitoring may be to
document the success of habitat enhancement or to watch for impacts from public
use. In such situations, as for all other land trust lands, the land trusts should have
documentation of the condition of the property at some point in time to use in
defence of conservation of the property in the event of encroachment or
unauthorized use. Documentation of the condition of the property may be gathered
as a baseline survey in a given year or be gathered over time by qualified monitors.
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WHO SHOULD MONITOR?
A monitor’s primary role is to monitor the status of the land and record any changes.
In particular, a monitor:
• Carries out on-the-ground inspections or surveys;
• Acts as the eyes and ears of the land trust; and
• Observes, records and reports.
It is also the monitor’s role to act as an ambassador for the land trust to the public
and act as a liaison between the land trust and its partners.
It is critical that a land trust have the experience, resources and capability for
monitoring and enforcement, either through staff or volunteers. Land trusts need to
consider whether they need to recruit monitors with particular qualifications or
technical expertise. This will depend on the conservation values requiring
monitoring and the nature of monitoring activities on specific pieces of property.
Ideally, assigning a small team of monitors to specific properties on a long term
basis will provide more continuity, and therefore more credible records, than if
monitors change repeatedly.
MONITORING CONSERVATION EASEMENTS
The protocols and templates for the monitoring program should be set as a standard
operating procedure by a land trust. As such, this guiding information should be
determined by the stewardship team. The stewardship team may include any
combination of stewardship staff, board members, senior staff, and legal advisors.
The choice of actual monitoring personnel will depend on the skill level or expertise
required, the resources available to the land trust, and the land trust’s goals for its
monitoring program. For example, if range condition or riparian health needs to be
assessed, personnel experienced in that field should monitor. However, if the goal
of the land trust is to build relationships with landowners, then a land trust
representative who has continuity with the organization should conduct the site
visit. Some land trusts recommend that the personnel who negotiated the
conservation easement continue to develop their relationship with the landowner
by conducting the monitoring, therefore, being the sole point of contact with the
land trust for the landowner.
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Monitoring personnel are often volunteers, seasonal or permanent staff of the land
trust or members of partner organizations. Which of these are chosen to monitor
properties often depends on funding availability. However, when limited funding
determines the monitor, the land trust may be compromising the future defence of
the conservation easement and the efficiencies and benefits of continuity.
Monitoring provides information that may be used as evidence if the enforcement of
the conservation easement is necessary. In that situation, expertise will need to be
demonstrated and a lack of expertise will put the land trust at a disadvantage. If
volunteers with limited expertise or students are used as monitors, the land trust
can offset the deficiency with a quality training program and ensure that the
adequate supervision and review of monitoring reports and any follow-up is
conducted by a qualified professional (see Baseline Documentation Training Module
for a discussion on hiring qualified professionals). Defending a conservation
easement in a court of law is a difficult situation in which to place a student or
volunteer and they should not be expected to fill this role.
Training and supervising new staff or volunteers each year is an inefficient use of
time. Lack of continuity of monitoring personnel also risks the relationship with the
landowner as short term personnel may have little vested interest in maintaining
landowner relations. If funding is limited, land trusts should concentrate on finding
volunteers to monitor who are likely to be available over the long term. Land trusts
with limited resources may also partner with naturalist groups or other non-
government conservation organizations who will undertake the monitoring at a
lower cost than the land trust could. These organizations are also likely to have
qualified professionals that can oversee the monitors.
The goal for land trusts with a large number of conservation easements and a
healthy stewardship endowment fund should be the hiring of full-time personnel
dedicated to monitoring and stewardship.
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MONITORING FEE SIMPLE PROPERTIES
The purpose of monitoring fee simple properties is to evaluate management
activities, identify threats and assess the condition of the property. The choice of a
monitor is less critical than for conservation easements since monitoring reports
are unlikely to be needed as evidence in a court of law and there is no need to build
or maintain a relationship with a landowner partner. On the other hand, there may
be a need to build or maintain relationships with the public or a partner
organization on specific fee simple properties.
If management of a fee simple property involves activities that require a high level
of expertise, such as habitat restoration, a qualified professional (see Baseline
Documentation Training Module for a discussion on hiring qualified professionals)
should undertake monitoring. However, if monitoring serves primarily to confirm
conservation values and identify threats, specialized expertise is less critical. In
these situations, volunteer monitors are ideal. These are often local people who
enjoy nature and the outdoors. Land trusts with well developed volunteer
programs can undertake monitoring of a large network of fee simple properties very
cost effectively. Training programs are necessary for monitoring programs involving
volunteer or student monitors.
Partner organizations are also a good option for monitoring fee simple properties.
Some land trusts focus on property securement and partner with organizations that
focus on habitat management to conduct monitoring and management of their
properties. This option is an effective use of the resources of both organizations.
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TRAINING MONITORS
Many land trusts depend on volunteers or students to monitor conservation
properties. A land trust should seek volunteers and staff who have appropriate
training or experience to carry out its work or a willingness to learn new skills.
Where volunteers and staff are lacking certain skills, the land trust needs to ensure
they gain them by providing access to training opportunities. A training program is
critical to the success of the monitoring program.
As a guide, land trusts should provide volunteers and staff with a formal training
program at the beginning of their tenure with the organization, and periodically
thereafter. Training can be in-house, or through a combination of workshops,
reading and/or visiting other land trusts. An organization’s choice of training
program may depend on:
• The number of people being trained;
• The ability to have a staff person or volunteer shadow a more experienced
person;
• The level of experience of the land trust practitioner;
• Budget and funding available for training.
For students and volunteers, at least some form of in-house training should be
provided. An in-house training program should incorporate the following
components:
1. Safety training:
• Wilderness first aid
• List of required safety gear for the field
• How to develop a safety plan (e.g., emergency contact list, lists of hazards
associated with specific properties, a schedule of checking, in etc.)
2. Monitoring preparation:
• Necessary field equipment
• How to developing a monitoring schedule
• Where to find and how to review property files
3. Monitoring protocols:
• Review the CE and fee simple monitoring forms
• Train monitors in the necessary scientific survey techniques (e.g., wildlife
inventories, rare plant surveys, range and riparian health surveys, water
quality sampling etc.)
• List photo point protocols
4. Dealing with violations and encroachments:
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• How to document violations of CEs or encroachments on fee simple
properties
• Protocols around communications associated with violations or
encroachments
5. Landowner relations and public relations:
• Protocols for communicating with landowners of CE properties and dealing
with landowner issues
• Protocols for communicating with the public, neighbours and partners on fee
simple properties and how to deal with issues
6. Orientation
• Description of the properties to be monitored, access required, hazards etc.
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WHAT ARE THE CRITICAL COMPONENTS OF A MONITORING
PROGRAM?
Monitoring programs will differ substantially between conservation easement and
fee simple properties. The following sections provide guidance to assist with the
design of monitoring programs for conservation easements and for fee simple
properties.
The extent, nature and specific methods of monitoring will depend on a number of
factors relating to specific properties including the conservation objectives,
management restrictions in the case of conservation easements, and management
activities in the case of fee simple properties. These will help define the scope,
specificity and level of detail required in a monitoring program.
MONITORING CONSERVATION EASEMENTS
Monitoring protocols for conservation easement properties must be tailored to the
conservation easement agreement and the conservation values of the property and
should parallel the documentation in the BDR. The monitoring protocols developed
could be different for each property and would be influenced by the following
considerations:
1. Monitoring must address each restriction or affirmative obligation agreed to
in the conservation easement, and therefore, the more complex or restrictive
the conservation easement the higher the probability of a violation;
2. Monitoring must address the intent of the conservation easement. For
example, if the conservation easement protects a rare species, regularly
monitoring the species presence and health may be needed;
3. Working landscapes, e.g., landscapes with ranching, farming or forestry as a
land use will require different protocols than natural habitat with light
recreational activities;
4. The land trust’s goals for the property and region will influence monitoring
protocols. For example, the land trust may wish to influence property
management by providing management assistance or advice to the
landowner. The land trust may also wish to cultivate relationships with the
landowner and neighbours to facilitate future land conservation
opportunities;
5. The land trust’s philosophy for its monitoring program will influence
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protocols. For example, the land trust may use the monitoring visit as an
opportunity for technical transfer or may use the monitoring visit to gather
conservation information not directly associated with the conservation
easement, but required for research or other purposes;
6. Available resources are always a large consideration for land trusts. The
design of a monitoring program will be tailored around the availability of
personnel, the level of expertise of available personnel, available funding for
salaries and expenses, and available funding for equipment.
The steps in the monitoring process involving a site visit include pre-monitoring
activities, the monitoring visit and post-monitoring activities. Pre- monitoring
activities include:
1. Inform the landowner of the upcoming visit in writing and by phone.
Considerable advance notice should be given. If the exact day of the visit is
not finalized much in advance, written notice can be given with the indication
that monitors will call before they enter upon the land. The exact dates of the
monitoring visit should be arranged with the landowner as a courtesy. This
approach reduces risks to the monitor and gives the landowner the
opportunity to schedule time to meet with the monitor;
2. Review the terms of the CE, the BDR, previous monitoring reports and other
documentation in the BDR and monitoring files;
3. Gather the materials needed to monitor the property including monitoring
forms, cameras, GPS units, maps and air photos, sampling equipment,
appropriate outdoor gear, etc.
Monitoring site visits typically involve the following procedures:
1. Visit the landowner to explain the monitoring process, allow them to voice
any concerns about the property or the conservation easement and
determine if there are any risks to the monitor currently on the property.
Concerns should be documented, investigated in the field and brought
forward to the stewardship team to be addressed;
2. Revisit all developments and sites documented in the BDR. Visit the parts of
the property that are significant from a conservation perspective. Also visit
the areas where violations of the agreement are most likely to occur;
3. Resurvey all assessments or other measures of the condition of the land that
were measured during baseline documentation using the same methodology
to collect data as was used during baseline data collection;
4. Rephotograph all sites and developments photographed during the baseline
documentation;
5. Affirm land uses and note new land uses and alterations to the property;
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6. Assess threats to the conservation values of the property;
7. Document any safety hazards (e.g., dogs, bulls, wildlife, illegal activities,
dangerous people etc.) for the monitoring file.
During site visits, monitors should refrain from discussing possible violations with
the landowner or interpreting the terms of the conservation easement if the
landowner asks for clarification on allowable activities. Questions about allowable
activities should be referred back to the appropriate land trust staff. If a monitor
makes an incorrect statement to the landowner during the monitoring visit, it may
strain the relationship between the land trust and the landowner and reduce
landowner confidence in the land trust.
Monitors should not make any determination about possible violations of the CE
based on initial observations. Possible violations should be documented to the
extent practical in the field. The monitor’s responsibility should be limited to
observing and recording findings. Evidence of a violation should be documented
quantitatively and descriptively for an audience that is unfamiliar with the property.
Interpreting the CE and communicating with the landowner should be handled by
the entire stewardship team.
Post-monitoring activities typically include:
1. Transcribe the field notes, label the photos and prepare the monitoring
report;
2. The land trust should review and sign the monitoring report to ensure
quality;
3. Take a copy of the signed monitoring report to the landowner and obtain a
signature;
4. Store the monitoring report, photographs and field notes in both a digital and
paper copy file.
MONITORING FEE SIMPLE PROPERTIES
Monitoring protocols for fee simple properties should be tailored to the goals for the
property and the management actions prescribed in the baseline documentation
report or management plan. The development of monitoring protocols could be
different for each property and would be influenced by the following considerations:
1. Monitoring must address each management action described in the baseline
documentation report or management plan. Management actions requiring
habitat enhancement and restoration will require more frequent and
involved monitoring than management actions aimed at maintaining natural
habitat;
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2. Monitoring must address the liabilities associated with private ownership
and any public use of the property such as potential safety hazards,
encroachment, harmful or illegal activities etc.;
3. Monitoring should address the range of conservation values for the property.
For example, if the property supports a rare species, regularly monitoring the
species presence and health may be needed;
4. Working landscapes, e.g., landscapes with ranching, farming or forestry as a
land use will require different protocols than natural habitat with light
recreational activities;
5. Fee simple properties are often show cases for a land trust. As such,
showcase property monitoring may include inspecting signage and
evaluating aesthetic issues;
6. Available resources are always a large consideration for land trusts. The
design of a monitoring program will be tailored around the availability of
personnel, the level of expertise of available personnel, available funding for
salaries and expenses, and available funding for equipment.
The steps in the monitoring process involving a site visit include pre-monitoring
activities, the monitoring visit and post-monitoring activities. Pre- monitoring
activities include:
1. Review the baseline documentation report and management plan, previous
monitoring reports and other documentation in the BDR and monitoring
files;
2. Touch base with any staff, consultants, volunteers or partner organizations
undertaking management activities on the property to establish progress on
management actions or risks to conservation values;
3. Gather the materials needed to monitor the property including monitoring
forms, cameras, GPS units, maps and air photos, sampling equipment,
appropriate outdoor gear, etc.
Monitoring site visits typically involve the following procedures:
1. Revisit all developments and sites documented in the BDR;
2. Check boundaries, note trespass and associated problems, record visitor use,
check condition of structures and/or hazards, etc.;
3. Resurvey all assessments or other measures of the condition of the land that
were measured during baseline documentation using the same methodology
to collect data as was used during baseline data collection;
4. Rephotograph all sites and developments photographed during the baseline
documentation;
5. Affirm land uses and note new land uses and alterations to the property;
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6. Assess progress and/or impacts of management activities;
7. Assess threats to the conservation values of the property;
8. Document any safety hazards (e.g., dogs, bulls, wildlife, illegal activities,
dangerous people etc.) for the monitoring file.
Post-monitoring activities typically include:
1. Transcribe the field notes, label the photos and prepare the monitoring
report;
2. The land trust should review and sign the monitoring report to ensure
quality;
3. Send a copy of the signed monitoring report to any partner organizations;
4. Store the monitoring report, photographs and field notes in both a digital and
paper copy file.
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WHAT ARE THE CRITICAL COMPONENTS OF A MONITORING
REPORT?
Monitoring reports will differ substantially between conservation easement and fee
simple properties. The following sections provide guidance to assist with the design
of monitoring reports for conservation easements and for fee simple properties.
Ideally, the same observations and surveys should be undertaken as were recorded
in the baseline documentation report (see Baseline Documentation Report Training
Module for detail on the critical components of a BDR).
MONITORING REPORTS FOR CONSERVATION EASEMENTS
A monitoring form or monitoring report is a form that the land trust completes to
document the results of the monitoring inspection and any changes to the property.
The report identifies any violations or issues to be addressed.
A land trust should monitor only for compliance with the terms of the CE. Although
a land trust might notice other land management issues or concerns, it is important
to maintain the distinction between CE issues and issues that are not within the
jurisdiction of the land trust. Land management issues outside the conservation
easement may be addressed in a general way by including management information
relating to that topic in a regional workshop or a newsletter, or in a more direct way
by asking the landowner if they would like some information sent to them relating
to that topic. If there is doubt about whether or not a management issue is relevant
to the CE, the issue should be documented in the field but not discussed with the
landowner. Once in the office, the relevance can be determined in consultation with
members of the stewardship team.
The Land Trust Accreditation Commission in the US describes the content for
minimum standard monitoring reports and for desired content monitoring reports
as follows:
Monitoring Report – Minimum Contents
At a minimum, a monitoring report should include the items below.
• Identification of the specific easement being monitored.
• The date of the inspection.
• The printed name and signature of the monitor.
• Observations recorded during the inspection (observations can simply be
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"none" or "no change observed").
Monitoring Report – Desirable Contents
A desirable monitoring report might also include the items below.
• A description of the area that was observed during the inspection.
• Information that helps substantiate how the monitor arrived at the finding of
"none" or "no change observed."
• Observation of the conditions and context of the inspection [weather
conditions, how visit was made (i.e. car, walk, etc.), route of entry into the
property, etc.].
• A notation of photos taken, their location and the identity of the
photographer.
Appendix A contains two examples of templates for monitoring conservation
easement properties from Ducks Unlimited Canada and the Foothills Land Trust.
MONITORING REPORTS FOR FEE SIMPLE PROPERTIES
A template form or, at minimum, a checklist, helps guide the monitor’s work and
makes it easier for the monitor to report promptly to the stewardship team.
Monitoring reports help the land trust identify what future actions should be taken
and to develop the following year’s work plan and budget for the property.
Monitoring reports for fee simple properties will vary widely between properties
depending on the liabilities, management activities and conservation values of the
property. As such, the monitoring report should parallel the BDR or management
plan for the property, addressing all items described or surveyed in the BDR.
Appendix B contains two examples of templates for monitoring fee simple
properties from the Alberta Fish & Game Association and the Alberta Conservation
Association.
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WHERE SHOULD MONITORING INFORMATION BE STORED?
Land trusts should have a designated location and an established filing system for
hard copy monitoring reports and associated information. Monitoring reports
should be stored in both electronic and hard copy format as a hedge against a
permanent loss of one format. Electronic versions of monitoring reports should be
stored in a designated location within the land trust’s digital files. Electronic
versions of monitoring reports may be made available online to land trust
stewardship staff and volunteers, but should be restricted from the public.
A section detailing data storage and archiving best management practices is
included in the training module entitled Stewardship Best Practices.
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ADDITIONAL RESOURCES
A Stewardship, Monitoring & Costing Guide for Natural Heritage Conservation
Agreements: A manual developed to assist land trusts in owning natural
heritage properties and holding conservation easements. Draft 2009. Ontario
Land Trust Alliance Best Practices Working Group.
Caring for Land Trust Properties. 2008. Hugh Brown and Andrew Pitz. The Land
Trust Alliance. ISBN 98-0-943915-21-0
Conservation Easement Stewardship. 2008. Standards and Practices Curriculum.
The Land Trust Alliance
Greening Your Title: A guide to best practices for conservation covenants, 2nd
Edition. 2005. Ann Hillyer and Judy Atkins. West Coast Environmental Law.
On the Ground: A volunteer’s guide to monitoring stewardship agreements.
2001. Land Trust Alliance of British Columbia. ISBN #0-9685042-1-3.
The Conservation Easement Handbook, 2nd Edition by Byers, Elizabeth and Karin
Marchetti Ponte
Volunteer Stewardship Manual. 2009. Alberta Fish & Game Association.
Volunteer Steward Handbook. 2005. Alberta Parks & Protected Areas and Alberta
Community Development.
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APPENDIX A: MONITORING REPORT TEMPLATES FOR
CONSERVATION EASEMENT AGREEMENTS
Attachment 1: Ducks Unlimited Canada’s Conservation Easement Compliance
Monitoring Form
Attachment 2: Ducks Unlimited Canada’s Conservation Easement Monitoring Form
involving a Breach
Attachment 3: Foothills Land Trust’s Conservation Easement Monitoring Form
CE MONITORING FORM
Date of Inspection: Inspector’s name (DUC staff): ________________
DUC OFFICE: ___________________ REGION: _______________________
I. Preliminary Information
1. Project Name and number: _________________
2. Paid CE: _____________ Donated CE: _____________
3. CE Type: NBND: _____________ No Ag Use: __________
4. Legal location: _________________
5. Name of Landowner: ___________________________
6. Mailing Address: ______________________________________
7. Telephone number: ________________________
8. Original grantor of CE? Yes No ___________________
9. If not, year of sale: _____________________
10. Lessee (if applicable) or Property Manager ________________________
11. Mailing Address: ______________________________________________
12. Telephone number: Home: ____________________________________
II Site Inspection
Yes No ____________ (if no , proceed to section III)
1. Inspection method: (ie. Ground truthing, flight, aerial photography)
2. Landowner present during site visit? Yes No ____________
3. Current land use of property (grazing, forestry, recreation): __________________
4. Condition of property: ________________
5. List any problems or potential threats to property's condition
6. Is there signage on property? Yes No ___________
7. If property has been altered due to human changes, describe location, etc.
8. If property has been altered by natural causes, describe location, changes, etc.
9. Are these changes consistent with the terms of the CE? Yes No ____
III. General
1. Overall, are the terms and conditions of the CE being adhered to?
Yes No ___________
2. List and describe any violations or potential violations of the Easement:
3. Date landowner was contacted:
4. Landowner's comments:
5. Lessee’s comments (if applicable):
6. List any attachments
Photos Map(s) Survey(s)
Deed Other
7. General comments (if any):
CE MONITORING FORM (involving a breach)
Date of Inspection: Inspector’s name (DUC staff): ________________
DUC OFFICE: ___________________ REGION:________________________
I. Preliminary Information
6. Project Name and number: _________________
7. Paid CE: _____________ Donated CE: _____________
8. CE Type: NBND: _____________ No Ag Use: __________
9. Legal location: _________________
10. Name of Landowner: ___________________________
6. Mailing Address: ______________________________________
7. Telephone number: ________________________
8. Original grantor of CE? Yes No ___________________
9. If not, year of sale: _____________________
10. Lessee (if applicable) or Property Manager ________________________
13. Mailing Address: ______________________________________________
14. Telephone number: Home: ____________________________________
II Site Inspection
Yes No ____________ (if no , proceed to section III)
1. Inspection method: (ie. Ground truthing, flight, aerial photography)
2. Landowner present during site visit? Yes No ____________
3. Current land use of property (grazing, forestry, recreation): __________________
4. Condition of property: ________________
5. List any problems or potential threats to property's condition
6. Is there signage on property? Yes No ___________
7. If property has been altered due to human changes, describe location, etc.
8. If property has been altered by natural causes, describe location, changes, etc.
9. Are these changes consistent with the terms of the CE? Yes No ____
IV. General
1. Overall, are the terms and conditions of the CE being adhered to?
Yes No ___________
2. List and describe any violations or potential violations of the Easement:
3. Date landowner was contacted:
4. Landowner's comments:
5. Lessee’s comments (if applicable):
6. List any attachments
Photos Map(s) Survey(s)
Deed Other
7. General comments (if any):
V. Details of breach
1. List specific restriction that has been breached: _______________________________
2. List actions that need to be taken in order to return the CE area to its original
condition:
_______________________________________________________________________
3. How does landowner plan to return property to its original condition?
_________________________________________________________________
V. Record of Discussions with Landowner/ Lessee
List details on discussions with the landowner and subsequent actions taken with respect to
a breach.1
1. Number of times landowner was contacted:
a. By telephone: ____________ Dates:________________________
b. By registered mail: __________ Dates:________________________
c. In person: ______________
i. Dates and time of visit(s) _________________________________
2. What did DUC communicate to the landowner in each of the above contacts:
a. By telephone: ______________________________________________
b. By registered mail: __________________________________________
c. In person: _________________________________________________
3. If action was taken by the landowner as a result of contact with DUC, explain
those actions (be as specific as possible and include dates):
___________________________________________________________________________________________________________
________________________________________________________________________________________
1 Need to this detail in the event we go to binding arbitration.
Foothills Land Trust
Conservation Easement Monitoring Report
Property Name: Date: Monitored by: Legal Land Description: Directions to the Property: provided to the monitor on the form . Landowner contacted by When? I have reviewed the (please initial): Baseline Property Map Photos Restrictions Management Plan ***I understand that the knowledge I gain and the information I collect is confidential and
belongs to the Foothills Land Trust and should only be discussed with members of the Foothills
Land Trust Board.
RESTRICTIONS
4.1 Destruction of Vegetation No cutting, removal, or destruction of vegetation.
4.2 Drainage and Diversion of Water Courses No alteration, diversion or drainage of water courses.
4.3 Pollution of Water Courses No pollution or degradation of water courses or water bodies on the property.
4.4 Shoreline Vegetation No destruction of vegetation or soils on shorelines of water courses or water bodies.
4.5 Wildlife Disturbance No noise, glare, obstruction or odour which may be reasonably anticipated to disturb wildlife patterns.
4.6 Agricultural Activities No tilling, breaking, clearing, cultivating or converting permanent cover to cropland; reseeding only with permission
4.7 Wildlife Movement No activity which will impede wildlife movement.
4.8 Chemicals and Fertilizers No pesticides including herbicides, or fertilizers.
4.9 Mining and Resource Extraction No excavation, dredging, or mining of any sand, gravel, minerals, rock or other materials. No oil and gas exploration unless required by law.
4.10 Refuse No dumping of garbage, waste, debris, or refuse.
4.11 Hunting and Trapping No hunting, killing, trapping of animals or birds on the property.
4.12 Construction No building except as allowed by the management plan in the CE.
4.13 Subdivision No application for subdivision.
APPENDIX B: MONITORING REPORT TEMPLATES FOR FEE SIMPLE
PROPERTIES
Attachment 1: Alberta Fish & Game Association’s Property Inspection Report Form
Attachment 2: Alberta Conservation Association’s Site Inspection Form
Conservation Site Inspection Form
Review files, management plan and the previous year’s inspection form before surveying site. Include a map of the site (if possible) that highlights information described in this inspection form. Please attach all photos to the filed copy of the form.
Property Name: Legal Land Description (Qtr, Sec, Twp, Rge, Mer) :
Associated Program:
Entitlement (& Partners)
Inspection Date:
Last Visit:
Inspected by:
General Property Characteristics
Description
Identified Changes or Comments
(e.g. Successional changes, water levels, tree clearing on surrounding landscapes, etc.)
Photo ID
(Include: site name, description, date,
photo credit.)
Natural Features2
(e.g. dominant ecosites, native/non native cover
types, seral stages)
Hydrography
(e.g. waterbodies, drainage, riparian areas, edatope)
Surrounding Landuse
(e.g. agricultural, protected areas, waterbodies)
2 In relation to features outlined in the appropriate management plan.
Infrastructure
Ownership Coordinates / Waypoints
(UTM NAD 83) Condition and Required Maintenance
Photo ID
(Include: site name, description, date,
photo credit.) Signage
Fences
Access
(e.g. roads, parking lots, docks)
General Structures (e.g. observation towers, buildings, etc.)
Water Control Structures
(e,g, weirs, dams, plugs)
Industrial Structures
(e.g. well sites)
Garbage Disposal / Sanitary Facilities
(e.g. outhouse, garbage cans, cleaning stands)
Other
Invasive Plants Species
Identified Coordinates / Waypoints (UTM NAD 83)
Weed Designation3
(restricted, noxious, nuisance)
Degree of Infestation4
(trace, low, moderate, high,
linear)
Area (if moderate or high, describe length if linear)
Growth Stage5
(seedling, bolt, bud, flower, seed
set, mature)
Comments (i.e. Recommended control
actions)
Photo ID
3 As per the Alberta Weed Regulation (http://www.qp.gov.ab.ca/documents/Regs/2001_171.cfm?frm_isbn=077974649X) 4 Trace (rare) = <1% cover, Low (occational) = ≥1% and <5% cover, Moderate (scattered) = ≥5% and <25% cover, High (dense) = ≥25% cover, Linear = along road, trail,
clearing, etc. 5 Seedling– Juvenile, low-growing plant growth form, occurs between germination and bolting., Bolt – when a plant begins to grow tall and put up
flowering stems
Bud – when a plant has visible buds, Flower – when a plant is flowering, Seed Set – after flowering when a plant produces seed, Mature – senescing after seed has been released
New Disturbances, Hazards, Illegal Activities (e.g. agriculture, oil & gas, logging, recreation, transportation, tree stands, ruts, wood cutting, etc)
Description Coordinates /
Waypoints (UTM NAD 83)
Ecological Response (e.g. native vegetation ingress, soil erosion, weed invasion etc)
Reclamation Action
Recommended Photo ID
Habitat Enhancements (e.g. prescribed burn, mechanical manipulation, revegetation/seeding, drainage structures, haying, etc)
Description6 (e.g. estimated area, type of
enhancement, treatment age)
Coordinates / Waypoints (UTM NAD 83)
Comments (e.g. status of enhancement efforts, success/failure)
Photo ID
6 In relation to objectives outlined in the appropriate management plan
Notable Species Accounts (e.g. managed species , rare observations, species provincially listed as “endangered”, “threatened”, “special concern” or “data
deficient”)
Species Identified Coordinates /
Waypoints (UTM NAD 83)
Type of Observation (e.g. spp. seen, spp. heard, scat
found, tracks seen, etc.)
Comments (e.g. species status, population changes from
last visit, etc. ) Photo ID
List of classified weeds in Alberta7
Restricted weeds in Alberta are: Red bartsia - Odontites serotina L. Diffuse knapweed - Centaurea diffusa L. Spotted knapweed - Centaurea maculosa L Nodding thistle - Carduus nutans L. Eurasian Water Milfoil - Myriophyllum spicatum L. Dodder - Cuscuta spp. Yellow star thistle - Centaurea solstitialis L. Noxious weeds in Alberta are: Russian knapweed - Centaurea repens L. Field bindweed - Convolvulus arvensis L. White Cockle - Lychnis alba Bladder campion - Silene cucubalus Cleavers - Galium aparine L. and Galium spurium Hoary cress - Cardaria spp. Knawel - Scleranthus annuus L. Perennial sow thistle - Sonchus arvensis L. Cypress spurge - Euphorbia cyparissias L. Leafy spurge - Euphorbia esula L. Stork's bill - Erodium cicutarium L. Canada thistle - Cirsium arvense L. Toadflax - Linaria vulgaris Persian darnel - Lolium persicum Scentless Chamomile - Matricaria maritima L Common tansy - Tanacetum vulgare L. Blueweed - Echium vulgare L. Spreading dogbane - Apocynum androsaemifolium L. Field scabious - Knautia arvensis (L.) Duby Hound's-tongue - Cynoglossum officinale L. Oxeye daisy - Chrysanthemum leucanthemum L. Tall buttercup - Ranunculus acris L. Purple Loosestrife - Lythrum salicaria
Nuisance weeds in Alberta are: Dalmatian toadflax - Linaria dalmatica L. Wild radish - Raphanus raphanistrum L. Creeping bellflower - Campanula rapunculoides L. Hedge bindweed - Convolvulus sepium L. Bluebur - Lappula echinata Downy brome - Bromus tectorum Tartary buckwheat - Fagopyrum tataricum Wild buckwheat - Polygonum convolvulus Biennial campion - Silene cserei Night-flowering catchfly - Silene noctiflora L. Common chickweed - Stellaria media L. Field chickweed - Cerastium arvense L. Mouse-eared chickweed - Cerastium vulgatum L. Rough cinquefoil - Potentilla norvegica L. Cow cockle - Saponaria vaccaria L. Flixweed - Descurainia sophia L. Green foxtail - Setaria viridis L. Quack grass - Agropyron repens L. Narrow-leaved hawk's-beard - Crepis tectorum L. Hemp nettle - Galeopsis tetrahit L. Henbit - Lamium amplexicaule L. Lady's-thumb - Polygonum persicaria L. Round-leaved mallow - Malva rotundifolia L. Ball mustard - Neslia paniculata Dog mustard - Erucastrum gallicum Green tansy mustard - Descurainia pinnata Wild mustard - Sinapis arvensis L. Wormseed mustard - Erysimum cheiranthoides Wild oats - Avena fatua L Redroot pigweed - Amaranthus retroflexus L. Shepherd's-purse - Capsella bursa-pastoris L. Annual sow thistle - Sonchus oleraceus L. Corn spurry - Spergula arvensis L. Stinkweed - Thlaspi arvense L. Russian thistle - Salsola pestifer Dandelion - Taraxacum officinale
7 Agriculture and Rural Development. 2008. Restricted, Noxious and Nuisance Weeds in Alberta: Frequently Asked Questions. Government of Alberta (Retrieved May 5, 2009 from http://www1.agric.gov.ab.ca/$department/deptdocs.nsf/all/faq8261).
Subdivided Section of Farmland8
Metric: m, m2, km, ha.
Imperial: foot, mi, acre.
1 acre = 0.4 ha
1 mile = 1.6 km
1 ha = 100m x 100m = 10,000m2
1 section = 256 ha
8 Agriculture and Rural Development. 2008. 640 Acres More or Less. Government of Alberta (Retrieved May 5, 2009 from http://www1.agric.gov.ab.ca/$department/deptdocs.nsf/all/eng9919).
Percent Vegetation Cover Guide9
9 Natural Resources Canada. 1996. Field Guide to Ecosites of Northern Alberta. UBC Press.