1. The Rest of the Iceberg:
Intro to the Nuts & Bolts of Easement Stewardship
Workshop #B10, Rally 2017
Ben Miles, Shire Environmental

2. I. Introduction Course Structure What I’m planning to talk about
Ten Parts
Discussion welcomed, particularly at end of sections

3. I. Introduction B. Themes of workshop
Stewardship & Monitoring are IMPORTANT
A good easement stewardship program takes time and thought
A violation is NOT determined in the field by a single person
Role of monitoring is to gather evidence routinely, effectively, efficiently, thoroughly, and professionally.
Easement stewardship is opportunity to build relationships & be a good partner
6. And it encourages engagement and gives you good stories to tell!

4. I. Introduction C. Expectations Sound good?
Anything else you’d like to hear more about or discuss?

5. II. Importance of Easement Stewardship
For the:
Land Trust
Landowner
Land

6. II. Importance of Easement Stewardship
Land Trust
Relationships
Succession & continuity
Stories, Connections, Engagement
Dialogue to prevent violations

7. II. Importance of Easement Stewardship
B. Landowner
Dialogue to prevent violations
Trust: sharing their favorite place
Partnership and dialogue
Professionalism and respect

8. II. Importance of Easement Stewardship
C. Land
Early detection of issues, threats, or violations
Another pair of eyes, two heads better than one, etc
Documentation of changes, incl. climate change
Dialogue to prevent violations

9. III. Role of Stewardship in Transactions
Understanding Commitment and Expenses
Baseline Report
Building Relationships & Communication

10. III. Role of Stewardship in Transactions
Understanding Commitment and Expenses
Stewardship knowledge/experience informs Acquisition
Calculating needed $$ for monitoring, legal defense funds
Transaction expenses including a good baseline report, legal review, title work, etc

11. III. Role of Stewardship in Transactions
B. Baseline Report
Get a good one: legally defensible & useful for monitoring
Get involved in the process
Good maps and photos are worth many words

12. III. Role of Stewardship in Transactions
C. Building Relationships & Communication
Monitoring process & importance explained during project dvpt
Emphasize importance of communication

13. IV. Personnel Staff and immediate supervision Committee and Board
Volunteers

14. IV. Personnel Staff and immediate supervision
Designate one person to oversee
Establish layers of authority/review
Write job descriptions (including for volunteers)

15. IV. Personnel B. Committee and Board Reporting, approving, deciding
Timeline
Training & Research

16. IV. Personnel C. Volunteers Balance involvement & efficiency
Connections & Stories
Familiarity & Succession

17. V. Monitoring Protocol People, Training, Review Policies and Documents
Records

18. V. Monitoring Protocol People, Training, & Review Write it down
Define roles of Staff, Board/Committee, Volunteers
Sources of Training and research
Review and improve - no cruise control

19. V. Monitoring Protocol B. Policies and Documents
Description of Stewardship Program
Policies: Enforcement, Amendments, Records
Timeline for monitoring throughout the year
Be clear how & who determines a violation occurred
Forms/templates to easily document and record results

20. V. Monitoring Protocol C. Records Signed monitoring reports
Communications with the landowner
Reports/memos for further review
Monitoring Notebook

21. VI. Monitoring Visit Talk to Landowner (but mostly listen)
Fieldwork Documentation
Withhold Judgement, but be Vigilant

22. VI. Monitoring Visit Talk to Landowner (but mostly listen)
Make an effort to meet with them
If possible, get a tour
Speak by phone with the decision maker
Listen
Give them opportunity to remember/mention things

23. VI. Monitoring Visit B. Fieldwork Documentation Monitoring visit form
Route map; locations visited
Photos, with notes corresponding to photos
Replicable data, references to locations
Digital photos are free!

24. VI. Monitoring Visit C. Withhold Judgement, but be Vigilant
Not monitor’s job to determine if violation occurred
Photos with notes
When you make your report, what are they going to ask about?
If changes are noticed, document-document-doc’t (don’t judge)
Time w/o owners present

25. VII. Reporting and Review
Initial Report
Follow up Research, Discussion, and Analysis
Determination: letter to landowners and/or enforcement

26. VII. Reporting and Review
Initial Report
Descriptive not Judgmental.
Form on the day of, then write up summary afterwards
Be comprehensive but withhold judgement. Just (all) the facts.
Include photos and route map of areas visited
Reviewed by supervisor
Sign reports

27. VII. Reporting and Review
Follow up Research, Discussion, and Analysis
If an issue is identified, related to a change noticed, i.e. a potential violation:
Find any language from the CE that may be relevant
May include site visit for additional photos or observation
May involve discussion with landowner to offer explanation
May include discussion with legal advisors

28. VII. Reporting and Review
C. Determination: letter to landowners and/or enforcement process
In most cases, a letter goes to the landowner thanking them for their participation in the monitoring process
Tell them a violation was not observed
If additional research indicates a violation may have occurred, the process for Enforcement kicks in

29. VIII. Enforcement Suspected Violation Determination & Response
Documentation & Records

30. VIII. Enforcement Suspected Violation
Director of Stewardship overseeing
Follow Policies
More research may be needed until all details are understood
Contact Terrafirma ‘at first whiff’ of violation

31. VIII. Enforcement Determination and Response
Degrees or categories of violations
A violation is a big deal
Be forceful, be professional, be comprehensive
Use an attorney
Talk to Terrafirma in determination process

32. VIII. Enforcement C. Documentation & Records Written reports
Include maps, photos, notes from easement language
Good records, including history of good records, will help

33. IX. Landowner Notices, Approvals, & Changes
Establish Policies
Consult each Easement Specifically
Watch for sales or transfers

34. IX. Landowner Notices, Approvals, & Changes
A. Establish Policies
Requests
Review
Communication
Monitoring visits & forms

35. IX. Landowner Notices, Approvals, & Changes
B. Consult each easement specifically
Notice and approval sections
Monitoring notebook

36. IX. Landowner Notices, Approvals, & Changes
Watch for sales or transfers
Watch properties
Raise awareness of them w/ allies
Real estate community
Open lines of communication w/ landowners

37. X. Easement Stewardship & Climate Change
Documentation
Partnerships
Phenology

38. X. Easement Stewardship & Climate Change
Documentation
Things will change everywhere
Annual visits, with photos
Adaptations by people on the land

39. X. Easement Stewardship & Climate Change
B. Partnerships
Long term access for research
We’re all in this together
Adaptations

40. X. Easement Stewardship & Climate Change
C. Phenology
Seasons and signs
Walden (1850); Walden Warming (Primack, 2014)
Potential for long term

41. Monitoring is fun. Go have fun!
This is about visiting cool/beautiful places. What could be better?
Create a volunteer involvement angle that people get into!
Ben Miles, Shire Environmental
Thank You

42. Discussion Thoughts or questions? I have a few…
What challenges have you uncovered?
How did your processes function in those cases?
Imagine you encounter a potential violation during a monitoring visit.
How well will your land trust deal with this?
Do you/they know what to do over the next few weeks?