4.4. SR 11-08-2004 - Laserfiche WebLink

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washIngton County, MN - TPD - PDR Document Page II ofl2 A conservation easement is only effective if it is enforced. The County could contract with the Minnesota Land Trust, another organization, or individual for monitoring parcels in the PDR program. A yearly inspection of each parcel, scheduled with the landowner, will occUr and be documented. Periodic updates of the baseline data will also be done to keep an ongoing record of the natural values. New landowners should be educated on the terms of the easements. If violations occur, enforcement of the terms of the easement must be undertaken. Enforcement can range from meeting and negotiating with the landowner to court-enforced remedies. The Minnesota Land Trust (ML T) is a non-profit land conservation organization that negotiates and holds conservation easements. ML T began In Washington County and has a very active Washington County chapter which holds and monitors over 20 conservation easements in the County. Washington County could consider having the MLT hold, monitor and enforce the development rights easements. The County could also "contract out" negotiation of easement terms or certain other program functions to ML T. The responsibilities of MLT could also include: . Preparation of draft easements · Establishing baseline documentation for monitoring program · Establishing monitoring program -- periodic site visits or contacts with landowners -- annual monitoring of sites · Educating future landowners about restrictions when parcels are sold . Addressing any violations -- notifying landowner and, if necessary, enforcing through the court system · Negotiating the specific terms of the easements with landowners (above and beyond the County terms) and draft the easement · Educating landowners on conservation easements ML T currently requests a stewardship fee which goes into an endowment fund to cover long-term monitoring/enforcement costs. SECTION 1.0. FUNDING FOR THE PROGRAM A. County Program The Washington County PDR Program is proposed to be funded through a dedicated property tax increase of $1.50 per month per $100,000 of assessed value. This amount would fund the program at approximately $1.8 million annually. Based on an assumed development right value of $10,000 per acre, this would protect at a minimum 180 acres per year if lump sum payments were made to landowners. If the value per acre were $8,000, 225 acres could be protected with lump sum payments. More acres could be protected if installment payments were made, or funds from other sources were used, or if the landowner chose to sell at a bargain sale. An estimate of the maximum number of acres would be 2,500 per year at $10,000 per acre, or 3,240 at $8,000 per acre. http://www.co.washington.mn.us/your _ county ~ovemment/administration/purchase _ oC dev,... 9/7/2004