Trends in Easement Language and the Status of Current Monitoring on Working Forest Conservation Easements

A Master's Project completed for the School of Natural Resources & Environment,
University of Michigan
Adam Block, Kara Hartigan, Robert Heiser, Gregory Horner,
Luke Lewandowski, Jason Mulvihill-Kuntz, and Stephen Thorn
Advised by Professor Elizabeth Brabec, J.D., M.L.A.
Developed for Tina Hall, Ph.D., Director of Conservation of The Nature Conservancy’s Upper Peninsula Conservation Center, Michigan Chapter
April 2004

Introduction

This study serves as a preliminary work toward gaining an understanding of working forest conservation easements (WFCEs) through a critical examination of two aspects of WFCEs that likely influence the effectiveness of this conservation tool: trends in easement language (from the years 1985 to 2003) and current monitoring methods. These two aspects are addressed in an easement comparison study and a monitoring survey study.

The easement comparison study identified purposes, restrictions, and forest management requirements of a national sample of WFCEs over 1,000 acres in size, and organized this data into relevant themes (water, technology and extraction, development, forest management, ecosystem and rare species, and recreation). For each theme easement language was examined to identify trends by region, easement holder, easement age, and easement size. Custom-designed surveys were developed based on the specific language in each easement. These surveys were administered to monitoring professionals for both publicly-held and privately-held easements, and provided insight on the diverse set of monitoring regimes in place for WFCEs across the country.

The surveys revealed that while the majority of WFCEs are monitored at some level, a range of methods and associated effectiveness rankings exist. Ground-level monitoring was the most common monitoring method reported, but newer easements tended to involve a greater variety of methods. The value of an “annual meeting” was often emphasized by monitoring professionals, and analysis of the data suggested that “annual meetings” increase overall monitoring effectiveness. Based on the evaluation of trends in easement language and on-the-ground testimonials, land conservation professionals need to ensure that connections are being made between easement language and monitoring practices. Through this research, easement drafters and monitoring professionals will further understand the trends in easement language and the status of current monitoring regimes, enabling them to better direct future efforts.

Final Report

Sections of the study report are available as individual PDFs:

• Introduction
  
• Literature Review
  
• Objectives and Methodology
  
• Results and Analysis
  
• Recommendations
  
• Summary of Findings
  
• Works Cited
  
• Appendices

The report is also available in a single document (note that this is a large file).

Project Team

Members of the WFCE project team - Adam Block, Kara Hartigan, Robert Heiser, Gregory Horner, Luke Lewandowski, Jason Mulvihill-Kuntz, and Stephen Thorn - at the interim presentation.

Contact Information

For more information about this project, please contact Steve Thorn at [email protected]

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