Land Protection Project Assessment
07/16/2015 Draft
Date section completed:
Completed by:
I. Property Summary
Project/Property name:
Date of initial contact with landowner:
Staff member handling initial request:
How contact was initiated:
Landowner contacted DCLT DCLT contacted landowner Other
Details of how contact made:
Landowner Information:
Name(s):
Address:
City/State/Zip:
Phone: E-mail:
Property location:
Township/Village/City:
Tax Parcel ID#:
Address/fire #:
Plat Map Page #:
Legal Description (section/townships/range):
Acres of project: Zoning of property:
Is property located within one or more of the following (check all that apply):
DCLT Project Area State Natural Area
State Habitat Area State Wildlife Area
WI Land Legacy Site Guide to Significant DC Wildlife Habitat and Natural Areas
Other:
Likely Land Protection Tool:
Conservation easement donation* Conservation easement purchase*
Purchase at Appraised Value Purchase at a bargain sale
Land donation Other:
* Please be sure to complete Section II. E. for potential conservation easements.
Is property enrolled in the Managed Forest Law or any other management type programs?
No Yes
If yes, what programs and when do contracts expire:
II. Land and Easement Acceptance Criteria
Date section completed:
Completed by:
*Staff should complete as much of Section II as they can to see if it meets DCLT acceptance criteria
A. GOALS AND PURPOSES CHECKLIST
In order for the Door County Land Trust to accept an interest in land, the property must meet ALL of these criteria. Check all that apply:
The property is located within Door County.
A significant portion of the property is in a natural, scenic or open space condition.
Protection of this property aids sound land use planning, promotes land conservation, and encourages careful stewardship of land and water resources.
Ownership of the land or conservation easements held by the Door County Land Trust would significantly increase the level of protection of the property.
B. PUBLIC BENEFIT CHECKLIST in accordance with IRS regulations
In order for the Door County Land Trust to accept an interest in land, the property must meet one or more of the following criteria below which relate to Government Plans or Policies, Ecological Significance, Outdoor Recreation or Scenic and Open Space. Check all that apply:
Government Plans or Policies:
The property contributes to protection of lands in furtherance of government plans and/or policies.
If yes, list plans:
Ecological Significance -- the protection of a relatively natural community or habitat for fish, wildlife or plants:
The property is in a natural state and contains rare or significant natural features, wildlife habitat or natural communities including, but not limited to, Niagara Escarpment, Ridge-
Swale, shoreline, coastal wetlands, and mature forests.
If yes, list types of communities:
The property contains state or federal endangered, threatened or “species of concern” as
defined by Wisconsin DNR.
If yes, list species:
The property provides significant ecological buffer to adjacent Door County Land Trust, The Nature Conservancy, The Ridges Sanctuary, DNR, federal, county or municipal conservation areas.
The property provides a connection or land corridor that is important for movement of wildlife between habitats so natural areas do not become isolated “islands”.
Outdoor recreational or educational use by public:
The property contains or has potential to contain natural features that offer important or unique public outdoor recreation, educational or research opportunities.
If yes, check which public use opportunities apply:
Hiking trails Hunting Trapping
Fishing Parking off road Other:
Notes:
Scenic and open space significance: including scenic vistas and views, farmland and forestland that is preserved for the scenic enjoyment of the general public or protected pursuant to governmental conservation policy that will yield a significant public benefit:
The property provides significant scenic and/or open space values including, but without limitation, a stretch of undeveloped land along county highways/roads, undeveloped shoreline, or an outstanding scenic vista, view, or overlook.
If yes, describe:
The IRS regulations list these factors to consider when determining if the protection of a property for scenic and open space purposes, provides a significant “public good”. Check all factors that apply:
The uniqueness of the property to the area.
The intensity of land development in the vicinity of the property (both existing and
foreseeable trends of future development)
The consistency of the proposed open space use with public programs for conservation in the region, including programs for outdoor recreation, farmland preservation, water quality
protection, shoreline protection, or approved government master plans or documents.
The consistency of the proposed open space use with existing private conservation programs in the area, as evidenced by land protected by easement or fee ownership by nonprofits in close proximity to the property.
The likelihood that development of the property would lead to or contribute to the
degradation of the scenic, natural or historic character of the area.
The opportunity for the general public to use the property or to appreciate its scenic values.
The importance of the property in preserving a local or regional landscape or resource that
attracts tourism or commerce to the area.
The likelihood that the Door County Land Trust will acquire equally desirable and valuable
substitute property or property rights.
The cost to the Door County Land Trust of enforcing the terms of the restrictions
The population density in the area of the property
The consistency of the proposed open space use with a legislatively mandated program
identifying particular parcels of land for future protection.
Notes:
C. DCLT PRIORITY CONDITIONS
In order for the Door County Land Trust to accept an interest in land, the property must meet at least one of the following specific conditions. Check all that apply:
The property is located within the boundaries of a Board-approved Door County Land Trust Project Area.
If yes, name of Project Area:
The property is located within the project area boundaries of a State Natural Area, State
Habitat Area, State Wildlife Area, State or County Park or Federal Reserve or Refuge.
If yes, name of area:
Is another conservation group better suited to protect this property?
Yes No If yes, name of groups:
The property is located adjacent to or in the immediate vicinity of lands already under protection by Door County Land Trust, DNR, The Nature Conservancy, The Ridges Sanctuary, the County of Door, the United States or other government agencies and its protection would significantly enhance the conservation values already present in the area.
Is another conservation group better suited to protect this property?
Yes No If yes, name of groups:
The property is located within an area of potential State Natural Area or State Habitat Area quality and its protection would significantly protect the conservation values present and would also lead to further protection work in the area.
The property, on its own and independent of surrounding lands, possesses exceptional scenic or open space values and provides the public with high quality scenic views and/or vistas and/or contributes significantly to the rural character of Door County. If void of significant
ecological features, the property must be of sufficient size to ensure that its scenic and open
space values remain intact, even if surrounding properties are developed.
D. The following questions should also be considered in making a determination on whether or not to accept interest in a property.
1. Does the Land Trust currently have or can it afford to dedicate the organizational resources required for this property?
Yes No
2. Are short and long term costs for this property covered?
Yes No
3. Does the property have fund raising potential?
Yes No
4. Does the project have potential to attract other non-profits or government agencies as partners?
Yes No If yes, name of groups:
5. Does the property have the potential to enhance the public image of the Land Trust? Is there no to low risk that our protection of the property would result in negative public reaction that could outweigh the protection benefits? (Negative reactions may stem from removing the property from the tax rolls, protecting property within a city or village where development has been planned, protection of “token” open space within a development project, land management activities that we are required to carry out, etc.).
Yes No
6. Does the project set an important precedent for resource or open space protection in a targeted area?
Yes No
7. Is there a moderate or high probability that the property’s conservation/scenic integrity would be lost or significantly eroded if the property was not protected by the Land Trust?
Yes No
8. Would the public have access to the land for recreational uses?
Yes No
9. If the property’s values are primarily scenic, is the property readily visible or accessible to the general public?
Yes No
10. Is the protection of this property consistent with the Door County Land Use Plan and local zoning?
Yes No
If any of the above answers are No – please provide rationale, if any, to continue with this project:
11. Are there other organizations, units of government, mechanisms or programs better suited for the protection of this property?
Yes No If yes, explain:
12. Is the landowner motivated by financial benefits that appear dubious?
Yes No
13. Are the motivations of the landowner a potential threat to the health and/or integrity of the Land Trust?
Yes No
14. Are there any existing public uses that would be difficult or too intensive for the land trust to manage (ie. Ship Canal beach)?
Yes No
15. Is there reason to believe that the land would be unusually difficult to manage? For example, incidence of destructive trespassing, environmental contamination, invasive species, or MFL forestry contracts that are incompatible with ecological values we are trying to protect?
Yes No
16. Is there a reasonable possibility that the property’s conservation/scenic integrity would be significantly eroded by future development activities on adjacent lands?
Yes No
17. Could estate planning be used to meet this landowner’s protection goals?
Yes No
If any of the above answers are Yes - please provide explanation and rationale, if any, to continue with this project:
Is the preferred land protection tool for this project a conservation easement agreement?
Yes No
If yes, please proceed to section II.E. If no, please proceed to section II.F.
E. Additional Considerations for Conservation Easement (CE) Agreements
In order for the Door County Land Trust to proceed with a Conservation Easement Agreement, the following questions should also be considered in making a determination on whether or not to accept interest in a property.
1. How many tax parcels will the CE encompass?
2. Does the landowner want to allow for further subdivision of the existing tax parcels that comprise the property?
Yes No If yes, please describe:
3. Is the landowner willing to restrict future conveyance of the individual tax parcels that comprise the property to multiple parties?
Yes No
Whether yes or no, how many possible future conveyances of the individual tax parcels would be allowed in the CE?
4. Will the CE remove the landowner’s right to transfer or leverage density on any properties the landowner retains?
Yes No
5. Are buildings present on the property?
Yes No If yes, please describe:
6. Does the landowner want to retain the right for adding additional buildings/structures on property?
Yes No If yes, please describe:
7. Can a non-easement area(s) be created that would contain all the existing and proposed buildings/structures on the property?
Yes No
8. Is the property currently being used for commercial or industrial purposes?
Yes No If yes, please describe:
9. Does the landowner currently conduct or want to allow for future agricultural activities on the property?
Yes No If yes, please describe:
10. Is the property currently being used or does the landowner desire it to be used in the future as a game farm, fur farm, deer farm or shooting preserve?
Yes No If yes, please describe:
11. Are there any other “reserved rights” to be retained by the landowner that should be noted or that may be of concern?
Yes No If yes, please describe:
12. Is the property currently enrolled in a MFL or other land conservation contract?
Yes No If yes, please describe terms and length of contract and state whether this is compatible with the purpose and terms of the proposed CE:
13. Does the property contain any private roads or access easements?
Yes No If yes, please describe:
14. Does the property possess any non-recorded handshake agreements? Are there any non-recorded access easements, liens or other agreements on the property of which the landowner is aware?
Yes No If yes, please describe:
15. Does the landowner want to allow the use of ATVs, snowmobiles or other motorized vehicles on the property, except to carryout permissible activities in proposed CE?
Yes No If yes, please describe:
16. Does the land have any quarries or mines located on it or has the topography been significantly altered?
Yes No If yes, please describe:
17. Does the land contain any dumps or refuse piles?
Yes No If yes, please describe:
18. a. Does the land contain any water features (i.e. lakes, springs, rivers, wetlands, or shoreline)?
Yes No If yes, please describe:
b. Have any of these water features been altered?
Yes No If yes, please describe:
19. Is there reason to believe that this CE would be unusually difficult to monitor or enforce? For example, monitoring/enforcing specific land management terms and restrictions,
a multitude of fractured ownerships, reserved rights in the CE that would seriously diminish the conservation values or the Trust’s ability to enforce the CE, incidence of destructive trespassing, environmental contamination, invasive species, etc.?
Yes No If yes, please describe:
20. Is this a property we’d be willing to own?
Yes No
21. Can we and do we desire to obtain a right of 1st refusal to buy the CE lands?
Yes No
22. Will this easement be drafted on the DNR CE template?
Yes No
23. Can this CE be used as match for the DNR Stewardship Grant program?
Yes No
24. Will the CE allow public access?
Yes No