Put very simply, a conservation easement is a restriction on the use of your property. It is a recorded deed restriction, and the right to enforce the restriction is given to a tax-exempt charitable organization (generally in the conservation field) or a government agency. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=104


A simple example illustrates how a conservation easement works in practice. Let’s assume pressure from buyers building vacation homes has pushed the value of land up in recent years to the point where the family is concerned about how the next generation will pay the estate tax bill without selling the land. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=86


Recent changes to the estate tax may have left some taxpayers unclear on their likely estate tax obligations. Both the annual life time exemption and the applicable tax rate have been the subject of recent changes. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=83


This is a report developed specifically for private forest landowners interested in managing for wildlife habitat values.  It provides a summary of detailed management guidelines aimed at achieving “desired forest conditions” for wildlife.  The recommendations have been distilled from a longer, more detailed science-based report developed by 56 wildlife and forestry experts as part of the LMVJV Forest Resource Conservation WG.  Members included representatives of five federal agencies, including the US Forest Service, three states, as well as academic researchers and private conservation/industrial forest land managers. ... Read More »
http://privatelandownernetwork.org/pdfs/WildlifeForestry2011.pdf


By: Robert Levin
Before you can decide what is right for you and your land, there are some basic definitions of the conservation tools and vehicles commonly used in estate planning for real estate assets. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=114


“White-nose Syndrome (WNS) is a devastating disease of hibernating bats that has caused the most precipitous decline of North American wildlife in recorded history. Since it was first discovered in 2006, WNS has infected six species of insect-eating bats in the northeastern and southern U.S., causing declines approaching 100% in some populations; estimated losses have exceeded 5.5 million bats from 2006 to 2012.

The implications for US agriculture and silviculture are potentially severe.
... Read More »
http://privatelandownernetwork.org/pdfs/White Nose Syndrome in Bats.pdf


In 2005-06, a long-range strategic visioning process was begun to take the state of California beyond the 1994-2024 time frame of the Bay-Delta Accord decision.  This long-range process resulted in the “Delta Vision Strategic Plan” of 2008. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=429


Since its last release in March 2008, Arkansas has witnessed the closure (including both temporary and permanent closures) of over 93 wood processors according to Directory listings. However during this same period several new mills have begun operation. The March 2011 directory lists a total of 349 wood processors operating in Arkansas.  ... Read More »
http://privatelandownernetwork.org/pdfs/ForestIndustryDirectoryMarch2011.pdf


By: Robert R. Williams
Most Americans think of New Jersey as the overcrowded land of turnpikes and oil refineries. The truth is much more diverse. New Jersey has a wide landscape, with a variety of forest ecosystems, from the hardwood forests in the mountains of northern New Jersey to the coastal-plain, pine forest ecosystems of the southern area of the state. ... Read More »
http://privatelandownernetwork.org/pdfs/treeFarmArticle.pdf


By: David J. Backer and Richard A. Spencer
The paper explains many of the common legal tools used by families to manage and/or transfer family lands, and gives a very good overview of the expectations and considerations families will face throughout the process. ... Read More »
http://privatelandownernetwork.org/pdfs/PlanningFamilyOwnedProperties.pdf


By: Christopher B. Johnson
One tool for estate planners is the conservation easement, by which a landowner voluntarily restricts his or her land from being developed, restricts the amount of development or protects existing features, like a building facade with historic value.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=223


By: Gerald R. Barber
The bundle of rights theory maintains that ownership of a parcel of real estate may embrace a great many rights, such as the right to its occupancy and use; the right to sell it in whole or in part; the right to bequeath; the right to transfer by contract for specified periods of time, the benefits to be derived by occupancy and use of the real estate. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=117


By: Robert Levin
How does one go about donating or selling a conservation easement.? There is no one right way to go about it. However, the following outline shows the most common steps to the process. Conveying an easement may take anywhere from a few months to a couple years, depending on a variety of factors. The landowner usually must pay for basic legal expenses, and appraisal, and in many cases is asked to make a stewardship donation to ensure that the land remains protected forever. Although the following outline discusses easements, a similar process typically applies to donations of whole interests in land as well. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=110


In response to the Deepwater Horizon oil spill in the Gulf of Mexico, which is fouling beaches, marshes and mudflats all along the northern Gulf coast, the Natural Resources Conservation Service (NRCS) has created the Migratory Bird Habitat Initiative.  The initiative will provide incentive payments to farmers, catfish farmers, and other landowners able to quickly flood up their land in anticipation of fall migration, which begins in July for some species of shorebirds. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=59

There’s nothing better than a lazy afternoon on the bank of your favorite fishing hole, dreaming about a lunker that’s about to make your bobber disappear.

If you’re already a fisherman, then you know the thrill of anticipation. If you’re not an angler, this publication will help you get started.

Now that we’ve piqued your interest, you may realize that you’ve got a few things to learn about fish and angling. No problem – the basic fishing techniques described in this guide don’t require a huge tackle box. A rod, reel, hook, bobber and a few worms will work just fine.

After you land your trophies, we’ll help you identify them and show you how to prepare and cook your catch of the day.

You’ve made it this far – let’s get moving.Take a gander at the guide and head out to enjoy the best of what Arkansas water has to offer.

... Read More »
http://privatelandownernetwork.org/pdfs/ARK_Beginners_Fishing_Guide.pdf


By: K Gregg Elliott
Renowned for its hunting, Tara Wildlife also offers birding, hiking and a well-equipped conference and recreation facility. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=207


By: K Gregg Elliott
The cradle of the blues and known for its southern charm, Civil War history, and verdant countryside, Mississippi offers outdoor recreation for all tastes.  Mississippi culture is very outdoor oriented, heavily influenced by agriculture and hunting, while offering so much more.   ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=54


By: K Gregg Elliott
Only a very small subset of species introduced to an area where they are not native will become invasive.  But when the invasion begins, it can be costly.  The best way to fight an invasion is to prevent one from happening. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=60


In November of 2009, Secretary Vilsack announced a commitment of $320 million over the next four years for a   Mississippi River Basin Healthy Watersheds Initiative to address water quality, wildlife habitat and natural resource conservation concerns in the Basin.   The Agency’s focus will bring badly needed resources to bear on the very serious water quality problems in the Basin.  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=67


By: K Gregg Elliott
To many landowners, a threatened or endangered (T&E) species on their property is anathema because it can herald all kinds of state and federal limitations on use of their property.  Ironically enough, with sufficient flexibility, private landowners with T&E species might be able to turn the tables and profit from those organisms.  One way is by working with agencies with an interest in protecting or restoring habitat.  This could conceivably give landowners an edge in competing for state state or federal grants funds for restoration. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=71


By: T.J. McEvoy
With the changes in estate tax laws promulgated by Congress in 2001, legislators have created the ultimate concept in estate planning. Under these rules, the estate of a taxpayer who dies in 2010 is completely exempt from tax (although a gift tax may be due, the estate tax is eliminated). From: Farming – The Journal of Northeastern Agriculture. Vol. 8, No 2 - February Issue. pp 78  – 80. [Updated to Fall 2006]
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=82


By: Harry L. Haney, John L. Greene and William C. Siegel

This is a preview of the Forest Service General Technical Report SRS-112.  Published by U.S. Department of Agriculture Forest Service, Southern Research Station. 180 p.

Article provides guidelines and assistance to nonindustrial private forest owners and the legal, tax, financial, insurance, and forestry professionals who serve them on the application of estate planning techniques to forest properties

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=84


By: Robert Levin
There are several kinds of tax benefits available to donors of land or conservation easements. This article attempts to summarize these benefits and provide some examples of how they work. If you are uncertain about the differences between bargain sales and donations, or conservation easements and whole interests in property, go to Conservation 101 for a quick brush up. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=85


Land trusts are non-profit organizations directly involved in the permanent protection of land and its resources for the public benefit. A trust may operate on a local, state, regional, or national level. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=88


Residential green building is no longer a trend — it is the future of building.  According to the National Association of Homebuilders’ Green.org, most builders are using green building practices in their homes as part of their current standard practices; ENERGY STAR® windows and appliances, recycled content materials, and water-conserving fixtures are all important parts of a green built home.  There are many green retrofits that can be added to existing homes as well.

According to US Green Building Council, buildings in the United States are responsible for 39% of CO2 emissions, 40% of energy consumption, 13% water consumption and 15% of GDP per year, making green building a source of significant economic and environmental opportunity. Greater building efficiency can meet 85% of future U.S. demand for energy, and a national commitment to green building has the potential to generate 2.5 million American jobs.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=90


By: K Gregg Elliott
Organic farming has been one of the fastest growing segments of U.S. agriculture for over a decade.  After the USDA implemented national organic standards in 2002, certified organic farmland doubled by 2005. Organic livestock sectors have grown even faster. Despite the rapid growth, organic farms have struggled at times to produce sufficient supply to keep up with the rapid growth in demand, leading to periodic shortages of organic products.  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=91


By: R. Lee Stephens, Jr and Robert J. Allen
Many landowners are familiar with conservation easements, a vehicle for preserving land in perpetuity, but they may not be aware of another option: selling the development rights to their property. As a result of donating a conservation easement on their property, landowners may realize a federal tax deduction for their charitable contribution, state tax credits (which can be used or sold in Virginia), lower estate taxes and sometimes lower real estate taxes.2 Purchase of development rights (“PDR”) is mechanism for landowners to sever the right to fully develop their property from other ownership rights in exchange for cash. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=94


By: R. Lee Stephens, Jr and Robert J. Allen
On July 14, 2010, the U.S. Tax Court issued its opinion in Scheidelman v. Commissioner, T.C. Memo. 2010-151, and the decision provides conservation easement professionals with two important lessons.  First, it is critical to have a qualified appraisal that satisfies the requirements of the Treasury Regulations and adequately substantiates the value of the easement, by explaining the methodology used and the property-specific facts forming the basis of the valuation determination.  Second, a cash payment by the taxpayer to the easement holder is not considered a deductible charitable contribution if thepayment is required by the easement holder as a condition of accepting the easement. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=95


By: K Gregg Elliott
A Bird Trail is more than a trail in the literal sense.  It is a “necklace” of sites, usually linked by a physiographic feature such as a river, that are united by the theme of “great for bird watching!”  Birding Trails are essentially driving routes that help you get from one prime birding spot to the next.   ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=98


According to the US Fish and Wildlife Service, endemic species are native species that are confined to a certain region or having a comparatively restricted distribution.  For example, the Joshua Tree is endemic to the Mojave Desert.  In other words, endemics, wherever they are located, are unique to their region.  In general, the greater the isolation or specialized nature of the habitat, the more numerous the endemics.  Thus, according to Britannica Encyclopedia online, species on remote oceanic islands tend to be almost 100% endemic. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=99


By: Ariel Steele
Conservation Easement Income Tax Credits
You can save thousands of dollars on your state income tax bill by participating in the state of Colorado’s unique conservation easement income tax credit program and help preserve Colorado’s natural treasures. Landowners who permanently preserve their land for agriculture, scenic views or wildlife habitat can generate state income tax credits that can then be sold at a discount to taxpayers. This is relevant for you if you have a state income tax liability of at least $10,000 in a given year. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=100


By: Robert Levin
Take a quick quiz and test your knowledge on conservation easements and learn if they can work for you. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=101


The unprecedented rise in real estate values in many parts of the country has produced new wealth but also new difficulties for landowners who want to pass cherished property to their heirs. This year, the federal estate tax applies to any estate worth more than $2 million. That’s a little more than the value of large home in some places and far less than the value of many ranches and farms – particularly in areas where development pressures are forcing land values up dramatically. Consequently, the estate tax is a serious obstacle for families that want keep their land but lack sufficient other resources to pay a big estate tax bill. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=102


Certain individuals who own land with significant conservation value, for example landowners of wildlife habitat or open space, can preserve the character of their land, obtain additional property, and defer taxes on the transaction, all at the same time.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=103


By: Ariel Steele
Can I really preserve my land and make money?
Conservation easement income tax credits are a relatively new land preservation tool available to help Colorado landowners preserve their working farms and ranches, and protect wildlife habitat and scenic views. Conservation easement tax credits enable landowners to get compensation for the development potential of their land without developing it. In order to receive conservation easement income tax credits, a landowner must donate a conservation easement to a qualified conservation organization. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=105


By: Ariel Steele
Once you have preserved your land with a conservation easement, you might be wondering exactly how you will turn the conservation easement income tax credits you received into cash. This article is a quick overview of how the tax credits are calculated and what to expect when you work with a tax credit broker. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=106


In order to obtain tax benefits, a conservation easement must serve a recognized “conservation purpose.” The tax code recognizes four purposes that will qualify. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=107


By: Ann Taylor Schwing
Congress recently passed the Heartland, Harvest, Habitat and Horticulture Act (the “4H Act”), which extends the generous tax benefits for conservation easement gifting that were originally enacted in the Pension Protection Act of 2006. These benefits now apply to donations and bargain sales of conservation easements before January 1, 2010. ... Read More »
http://privatelandownernetwork.org/pdfs/EasementTaxBenefits.pdf


By: Resources First Foundation - RFF
In 2008 Congress extended the deductions landowners can take for conservation easement donations in the Farm Bill. The provisions originally passed in the Pension Protection Act in 2006, but are set to expire at the end of 2008. Representatives Mike Thompson (D-CA) and Eric Cantor (R-VA) are the lead sponsors of legislation, H.R. 1831 - Conservation Easement Incentive Act of 2009, that will permanently authorize the conservation tax incentives, the Act, which was introduced March 31, 2009 with 98 co-sponsors. Senators Baucus and Grassley introduced companion Senate bill S.812 - Rural Heritage Conservation Extension Act on April 2, 2009 as well. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=109


By: Adam Miller

It may come as a shock, but there is a sort of symbiotic relationship at work between property owners with conservation easements and the IRS. Hard to believe, I know. We understand that the IRS gives tax breaks for those who protect their property from certain development and use. In special circumstances, these landowners can find tax breaks that many others will not reach, similar to the nectar only available to the unique and capable hummingbirds.

The Landowner, Conservation Easements & the 2010 Roth Conversion. At the beginning of 2010, the $100,000 MAGI (Modified Adjusted Gross Income) limit on Roth IRA conversions was lifted. Individuals that were not able to convert an IRA to a Roth in previous years may now be eligible, and the subject is getting quite a bit of news.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=111


By: Resources First Foundation - RFF
What is a Soil and Water Conservation District? Across the United States, nearly 3,000 conservation districts - almost one in every county - are helping local people to conserve land, water, forests, wildlife and related natural resources. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=112


By: Robert Levin
The examples in this article are purely hypothetical and are not to be relied on by anyone as a representation or guarantee of tax results. These numbers have been simplified and approximated and do not represent predictions for any individual. They are also do not constitute legal advice. Donors are encouraged to obtain independent legal advice before proceeding with a donation. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=113


By: Laurel A. Florio, J.D.

Conservation easements have been utilized as a primary tool for land protection in the United States for approximately thirty years. The movement started in the Northeastern part of the country and has slowly, but steadily, made its way to the Southeast; the Mississippi Alluvial Valley to be specific. In the past 10 years, Ducks Unlimited, Inc. has had the opportunity to protect approximately 130,000 acres of forest, farm and recreational land under its Conservation Easement Program.

Article Published in Tree Talk (Official Publication of the Mississippi Forestry Association, Inc.) Fall 2001

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=115


By: Christine Latulip
Long before the buzz in Washington was about creating a stimulus package to help the struggling economy, in 2008 tax incentives were approved by Congress that promotes voluntary land conservation. The new law raised the deduction a landowner can take for the donation of a conservation easement from 30% to 50% of adjusted gross income and to 100% for qualifying ranchers and farmers. The law extended the carry-forward period for deductions from 5 years to 15 years. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=118


By: Resources First Foundation - RFF
Maine has enormous, natural variety and owes its biological wealth to its 17.5 million acres of vast forests, rugged mountains, more than 5,600 lakes and ponds, 5,000,000 acres of wetlands, 31,800 mi of rivers and streams, 4,100 mi of bold coastline, and 4,613 coastal islands and ledges. Maine is the most heavily forested state in the nation, but also contains some of the most significant grassland and agricultural lands in the Northeast. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=119


By: Andrew A. Cadot
Many owners of real estate in coastal Maine are facing dramatic increases in their property taxes as a result of municipal revaluations, especially those with shorefront or a water view. Some families are questioning in light of higher taxes whether they can afford to continue to live in their coastal communities. One consequence of the departure of long-time residents would be increased development pressure and the attendant loss of wildlife habitat, open space, and scenic views. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=120


By: David Capen
University of Vermont
david.capen@uvm.edu and
Patricia Stokowski
University of Vermont

Since the 1980s, some 2,000 properties covering over two million acres of forest are now under conservation easements in Maine, New Hampshire, Vermont, and northern New York. A conservation easement, or legal agreement between a landowner and a land trust or government office, permanently restricts uses of a property to protect specified conservation values. Forest stakeholders, including timber companies, land trusts, and state agencies seek a better understanding of how easements affect the sustainability of forests.

To examine the effects of conservation easements on forest management in the Northern Forest, NSRC researchers surveyed 136 easement landowners in the four states, visited properties, and interviewed foresters managing the lands. Nearly 75% of survey respondents use written forest management plans. Forest health, wildlife, and wood products are the top priorities. Commercial harvesting, which occurred on 54% of properties since an easement was enacted, was done carefully, using best management practices for stand improvements, wildlife considerations, and protection of water and soil. Findings show that conservation easements are being used effectively to encourage sustainable management of forest resources.

To assess the influence of easements on local communities, researchers interviewed 48 residents of Island Pond, Vermont; Pittsburg, New Hampshire; and Rangeley, Maine, each near a conservation easement project in excess of 100,000 acres. Projects using public funds or resulting in public land ownership provided opportunities for public involvement, while private deals had limited public participation. Involving the public early provided opportunities to balance competing demands of community interest groups.

Download the Full final report [PDF]

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=120


By: T.J. McEvoy
Granting an easement to some portion of the bundle of rights associated with land is the most common method of protecting land from development. But the process of creating and transferring an easement is probably one of the most mysterious concepts among those who own farm and forest land. Since it is easier to ignore something you don’t understand than it is to learn about it, most land owners shun the very concept of deliberately changing the title to their lands. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=122


By: Resources First Foundation - RFF
The landscape is changing and forestland continues to be broken into smaller parcels and converted into housing developments at an astonishing rate. If forest landowners want to ensure that their forest stewardship efforts extend beyond their tenure and are available for future generations to use and cherish, they must act responsibly and take charge of the direction and long-term future of their land. The question is how to assure that their property is managed responsibly? There are a variety of estate planning tools available to accomplish this task. A Working Forest Conservation Easement (WFCE) may be the answer. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=123


By: Resources First Foundation - RFF
The 2008 farm bill legislation increases an individual’s deduction from 30% to 50% of their adjusted gross income in any year based on the fair market value of their qualified conservation contribution. The contribution must be made to a qualified non-profit organization. The conservation contributions are not taken into account in determining the amount of other allowable charitable contributions ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=125


By: Thomas L. Daniels
The United States is about to experience its largest-ever intergenerational transfer of wealth: more than $10 trillion are expected to change hands in the next 10 to 20 years. Much of this wealth transfer will include hundreds of millions of acres of family-owned forests, ranchlands, and farmlands. How the heirs use or dispose of those lands will greatly affect America’s food and fiber industries, development patterns, and environment. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=126


By: Resources First Foundation - RFF
We have done the work combing through the California Plan and excerpting all of the sections that are relevant to the needs and interested of private landowners.  The California State Wildlife Action PlanCalifornia Wildlife: Conservation Challenges, was developed in consultation with wildlife professionals, stakeholders, and the public, focuses the stresses affecting wildlife and the additional actions needed to maintain its diversity and abundance in the future. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=127


By: Bret Vicary, Ph.D., MAI, CGA, LPF
Timberland transactions increasingly involve conservation easements, wood supply agreements, and green certification considerations. On the one hand, these features can reduce the price and total flexibility associated with timberland ownership. They can also reduce the risk and variability of investment returns, or meet objectives related to taxes, public recreation, and regional development. Understanding these instruments has become essential to negotiating many timberland transactions. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=128


By: Curtis Seltzer
About 10.6 million privately owned acres -- an area about twice the size of Connecticut -- now carry conservation easements. This land base is growing by more than one million acres annually. Almost 30 million more acres have been conserved through sale, acquisition by government agencies and other means, according to Russell Shay, Director of Public Policy at the Land Trust Alliance in Washington, D.C.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=129


By: Resources First Foundation - RFF
Federal Income Tax Deduction Limitations for Individuals. The tax code allows individuals a tax deduction for contributions to charitable organizations that are tax-exempt under section 501(c)3) In general, the donor is entitled to deduct the fair market value of property donated to a 501(c)3) organization. ... ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=130


Tax credits for habitat restoration and habitat protection easements for endangered species. The Senate is expected to pass new legislation that will create tax credits for habitat restoration and habitat protection easements for endangered species. Some view tax credits as a more effective way to reduce tax liability. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=132


By: T.J. McEvoy
Almost everyone in forestry has heard of land trusts since they have become a common fixture especially in areas that are rapidly urbanizing. But the unfortunate perception of many forest and farm owners is that land trusts are not to be trusted because their real purpose is to steal private property and pull lands out of production. Nothing could be further from the truth, but critics rely on false ‘private property’ threats to turn land owners away from land trusts even before owners understand how they work. A forest owner who knows how land trusts operate is more inclined to protect lands from development than owners who know little about this highly innovated to protect forest lands from development. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=133


By: Resources First Foundation - RFF
Excerpts from Nebraska's Natural Legacy Project / Comprehensive Wildlife Conservation Strategy (CWCS) applicable to Private Landowners. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=135


By: Resources First Foundation - RFF
The 2002 Farm Bill. authorized USDA to use Technical Service Providers (TSPs) The premise behind Technical Service Providers is that the demand for assistance to do conservation work is increasing and will exceed the current staffing capacity of the NRCS. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=136


By: Strachan Donnelley
Those of us who work in environmental and conservation philosophy and ethics recurrently confront an odd, seemingly anomalous problem. There are often deep rifts or fissures between well-meaning environmentalists and conservationists. You would think that we would be on the same page making common cause. Together we remain the minority in relation to the civic culture at large, and the moral and practical stakes for humans and nature are legion. We all know the litany of real and impending threats: climate change and global warming; degradation of natural habitats and their soils, water, and air; species extinction and loss of biocultural diversity; and more. Given these ominous trends, why the rift? Why do we not have our moral, cultural, and civic act together?  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=138


By: T.J. McEvoy
One of the most tragic failings of traditional forestry is an unreasonable emphasis on profitability. Although woodlands are capable of producing a sustained flow of products, the shorter the planning horizon of any particular owner, the less sustainable woodlands become (Landsberg and Gower 1997). The root of this unreasonable emphasis is a ridiculously antiquated system of property taxation based on “highest and best economic use.” It is hard enough for a woodland owner to keep up with property taxes in areas where the highest and best use is for forestry purposes. Near urbanizing areas, forests are assessed – by law – at highest and best use for development. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=139


By: Wade Martin and Sally Ramirez
Clearly, the motivation for a land conservation transaction is often the desire of the landowner to safeguard the property. However, this objective must be balanced with the need to maximize the return to the landowner. The general perception is that the highest return will be realized from a sale to a developer.  ... Read More »
http://privatelandownernetwork.org/pdfs/FinancialAlternativesforConservation.pdf


By: T.J. McEvoy
Forest owners who want to keep ecosystems intact and in the family have four options: family partnership, closely-held S-corporation, a qualified trust for conservation purposes or a limited liability company. Of the four, the simplest to set up and easiest to manage is also the most flexible alternative: a limited liability company, or llC. One of the useful features of an llC – especially as it relates to long-term management of forests – is that profit motive is irrelevant. Thus, the family forest llC can be dedicated to any purpose; investment, business, conservation or – best of all – any combination of motives. llCs provide the liability protection of a corporation, pass-through taxation aspects of a partnership, and the essential ability to restrict ownership in the family forest that a closely-held S-corporation provides. Plus, an essential added benefit, crucial to an entity that must add members at the same rate that families grow: there are no limitations on the number of members an llC can have. The individuals that form the lCC, also known as “founders,” have the choice of restricting the number of members (the concept of ‘members’ to an llC is exactly the same as ‘shares’ to a corporation), allowing fractional membership, forming more than one class of membership, or allowing membership to grow with the family. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=143


By: Parady, K., J. Lovato, J. Wolf, D. Hulme, I. Burke.
Agricultural operations in Wyoming serve as spaces for the production of food and fiber, and are also wildlife habitats, landscapes and spaces that create and accommodate a variety of lifestyles (Taylor 2003). With southern Wyoming’s emergence as an area of premium wind capacity (U.S. Department of Energy 2008), many of these lands are now also potential spaces for utility- scale wind energy development. By entering into lease agreements with commercial developers, landowners have an opportunity to increase and diversify their operational income. Inherent in the new opportunities surrounding the development of these wind resources, however, is a measure of uncertainty about how to proceed with the operational, economic, lifestyle, and legal decisions that follow. This publication is intended to reduce that uncertainty by identifying key issues for landowners to consider prior to entering a wind energy lease agreement. ... Read More »
http://privatelandownernetwork.org/pdfs/WindEnergyDevelopmentInWyoming.pdf

Conducting a water audit can help you save money by reducing your home water bill (and sewer bill if you are connected to a public sewer system).  Conducting a water audit will make you aware of how you use your water and help to identify ways you can minimize water use by implementing certain conservation measures.  It is possible to cut your water usage by as much as 30 percent by implementing simple conservation measures and without drastically modifying
your lifestyle.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=145


By: Strachan Donnelley
For those of us who live in market economy cultures, such as the United States, we have long become accustomed to “bottom lines,” the economic or business bottom line in particular. The bottom line for the economy and business is profitability, usually by economic growth. Failure to grow or be profitable means trouble, if not going out of business altogether.  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=146


By: Mark Lapping and Thomas L. Daniels
The preservation of land for working rural landscapes, wildlife habitat, urban parks, recreational trails, and protecting water supplies and floodplains is emerging as an integral component of smart growth programs. Both the general public and non-profit organizations have been willing to spend billions of dollars on land preservation because of a perception that traditional land use planning and regulation are not successfully accommodating growth or protecting valuable natural resources. The literature on smart growth has largely overlooked the potential of land preservation to curb sprawl and to foster livable communities. On the other hand, the literature on land preservation has focused on the mechanics of conservation easements and land purchases rather than on how land preservation can fit in the comprehensive planning process to achieve community smart growth goals. More research needs to be done on the strategic use of land preservation in shaping and directing growth as part of a comprehensive planning effort. 
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=148


By: K Gregg Elliott
A coalition of organizations that seek to provide sanctuary, rehabilitation, neutering and adoption services for a wide range of animals is seeking a home


... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=149

Excerpts from Texas' Wildlife Action Plan (WAP) applicable to private landowners.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=153



A message from the North Carolina State Forester in December 11, 2002, James W. Garner, still prescient today.  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=154


USDA provides tools online for estimating energy and potential savings from ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=155

This summary, produced by the Environmental Protection Agency Agricultural Counselor Office of the Administrator, provides a succinct, general description of EPA’s requirements, and should be used as a guide or compliance assistance tool. As rules and regulations are often dynamic things, this information should not be used as the final word but rather as a fairly comprehensive starting place to try to determine which regulations a company or landowner may have to comply with or be aware of in the future. 

... Read More »
http://privatelandownernetwork.org/pdfs/EPAagmatrix.pdf

Excerpts from Mississippi's Comprehensive Wildlife Conservation Strategy (CWCS) applicable to Private Landowners.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=157


A 2008 Farm Bill provision allows for a 25% Deduction for Endangered Species Recovery Expenditures. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=158


This article by Pat Hill, originally published Aug. 25, 2010 in the Pikes Peak Courier View tells the story of three ranches saved by Colorado's innovative conservation tax credit code. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=159


By: Jennifer D. Mullen
Conservation easements have garnered significant attention and gained popularity over the last few years due in part to the availability of federal tax deductions and Virginia state tax credits associated with conservation easements. Conservation easements are granted in perpetuity should not be entered into lightly or without the advice of qualified legal counsel who can help navigate and identify the potential benefits and risks of granting conservation easements. This article will provide a brief overview of the statutory requirements for granting a qualified conservation easement as well as the potential pitfalls that may jeopardize the tax benefits received by the taxpayer. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=160


By: Lynne Langley

Practically no one had heard of conservation easements 15 years ago when Charleston native Herbert J. Butler began trying to protect his hundreds of acres of former rice fields.

Today, with perpetual easements on more than 1,000 acres of his Georgetown-area property, Butler finds more and more landowners joining the movement to ensure their natural land will never be developed.

The movement was slow to take off, but once it started growing it started a domino effect, Butler said. “It is becoming more and more popular because more and more land is being protected.”

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=163


By: Jay Braunscheidel
"More family woodlands will change hands and be sub-divided in the next 10 years than at any point in America’s history." That fact struck me as I was reviewing the newly revised estate planning resource available from the USDA Forest Service entitled: "Estate Planning for Forest Landowners: What will become of your Timberland?" ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=168


By: Laurie A. Wayburn
Over the past few years, there have been panel discussions at the National Land Trust Rally putting forward ideas on guiding principles for conservation easements on working forestlands. While consensus is not yet complete, in the coming year LTA hopes to broaden this discussion to include representatives of other land trusts and conservation entities, landowners, timber company representatives and other stakeholders. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=175


By: Peter Forbes and William B. Rogers

New ideas for connecting land and people through conservation

How can we make conservation more effective, not only for preserving land but also for nurturing community?  While we have saved millions of acres, Americans seem less connected to the land than ever before.  In America today, some 365 acres of farms and forests are bulldozed into malls and subdivisions and parking lots every hour.  Even with our most strenuous efforts, conservationists cannot protect land at this rate.  Our best hope is to work for a shift in American culture.  By inviting citizens to imagine their lives differently, by offering them new ways of dwelling in the land, we can help replace the culture of exploitation with a culture of conservation.  Every project that saves land can also become a compelling story about people living in a more hopeful and durable way.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=178


By: Resources First Foundation - RFF
The cooperative extension service is designed to help people use research based knowledge to improve their land.  Administered through thousands of county extension offices, extension brings land-grant expertise to the most local of levels in affiliation with the state's designated land-grant universities.       ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=181


By: Resources First Foundation - RFF
Generally, if a landowner sells land, he will owe taxes on the amount he receives. But, by using a transaction known as a like-kind exchange, a landowner may be able to defer taxes if he exchanges one parcel of land for another. The two properties do not have to be identical—the landowner can exchange city real estate for a ranch, an empty lot for one with townhouses, or a conservation easement for farmland. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=184


By: Resources First Foundation - RFF
A qualified intermediary (QI) is a neutral party who may assist a landowner in facilitating a like-kind exchange. The QI enters into a written agreement, known as the exchange agreement, with the landowner. Under the agreement, the QI acquires the landowner’s property from the landowner, transfers that property, acquires the replacement property, and transfers the replacement property to the landowner. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=185


By: T.J. McEvoy
A partnership of any kind is a non-corporate association of two or more people, each of whom own shares of an undivided interest in the assets of the partnership. Unless otherwise indicated, it is assumed that partners have an equal share, but equal ownership is not a requirement. One of the most convenient features of an undivided interest in assets is that shares can be allocated to various partners without having to physically divide the property. Just like when a person buys shares of a company in the stock market, each of those shares represents a small fraction of the total asset value of the company – from its current inventory, to the desks and chairs used by employees. When the principal asset of a partnership is forest land, being able to divide the asset value of land on the basis of shares is much easier than having to divide the land and distribute parcels. Forest owning families that form partnerships often do so to take advantage of the opportunity to keep lands intact while passing land on to future generations in the form of partnership shares. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=189


By: Resources First Foundation - RFF
We’ve highlighted some program changes, key new provisions, as well as entirely new conservation and energy programs.  Without further ado, let’s jump right in to the programs ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=190


By: Ariel Steele
In August 2006 Congress passed a bill that gave middle-class Americans and farmers a huge incentive to preserve their land with a conservation easement.  Prior to the tax change, many Americans could not use the full tax deduction they earned by donating a conservation easement because of strict limits on how much they could deduct each year.   The law once limited deductions to 30% of the donor’s adjusted gross income, which meant that a donor earning $100,000 per year would only be able to deduct $30,000, no matter how big their donation was.  The old law also only allowed a donor to carry the deduction forward for five additional years, so if the full deduction wasn’t used in those six years (year of the donation plus five years), the rest of the deduction would be lost.  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=191


By: Resources First Foundation - RFF
A landowner recently asked us: "What is the best way to ensure that the land I donate is not sold?" We put the question to the land trust community and it generated quite a bit of activity on the land trust listserv. They provided a spectrum of ideas which range from the pragmatic to the philosophical. We have summarized and compiled their responses here and hope it will provide some good ideas and sound advice for landowners, as well as continuing this conversation among the land trust community.  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=192


By: Resources First Foundation - RFF
Excerpts from Iowa's Comprehensive Wildlife Conservation Strategy (CWCS) applicable to Private Landowners.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=195

Considering conservation buffers on your land?  The USDA has 250,000 or more buffer contracts with about 160,000 farms and ranches. They may be a good choice for your land and for the environment. They are also economically viable for most operations.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=197


By: Jeff Eisenberg
A group of ranching and conservation organizations have formed a broad-based coalition to enhance ranching practices that consider important conservation issues throughout the West.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=204


By: United States Department of Agriculture (USDA)
The purpose of the Forest Stewardship Program is to encourage the long-term stewardship of nonindustrial private forest lands, by assisting the owners of such lands to more actively manage their forest and related resources.  The purpose of this document is to delineate state requirements for forest assessments, as mandated by the 2008 Farm Bill, as well as eligibility and requirements for participation by private landowners.  The full document is available here.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=205


By: Carl Wiedemann
If you’re interested in long-term woodlot management, this article investigates the benefits of silviculture and the idea that forest management considers the trees that are left growing after a timber sale are just as important as the trees that are cut. The essence of forest conservation is leaving an adequate number of well spaced, healthy, high-value trees to produce seedlings for regeneration and to become part of the next harvest. A silviculturally sound harvest means an investment in your woodlot - and one that will pay high future returns. Silviculture is the art and science of controlling the establishment, growth, composition and health of forests to meet the needs of landowners and society on a sustainable basis. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=206


By: Mortgageloan.com
What’s a “Green Mortgage”?  it’s not what you might think. It is not a marketing or public relations effort. It is a program backed by private and government mortgage programs designed to help you make your home more energy efficient.

Green, or “Energy efficient” mortgages, let you borrow extra money to pay for energy efficient upgrades to your current home or a new or old home that you plan to buy. The result is a more environmentally friendly living space that uses fewer resources for heating and cooling and has dramatically lower utility costs. The types of things that are covered include upgrades that you may have thought you couldn’t afford like double paned windows, tankless water heaters, modern HVAC systems, and new insulation.

At this time, Energy Efficient Mortgages aren’t second mortgages. Though they are created separately from your primary mortgage, they are ultimately rolled into your primary mortgage—so you only make only one payment per month.

Find out more at Mortgageloan.com.

How do you find lenders who can give you an Energy Efficient Mortgage or EE?  Even though EEMs have been available for many years, HUD has not widely promoted their existence or benefits. For that reason, many real estate professionals are not familiar with them. Your current lender may in fact offer an EEM and not even realize it. In fact, all FHA approved lenders can offer EEMs.

It’s probably worth your while, though, to search for a lender who is familiar with the ins and outs of EEM’s and can really guide you through the process.  Here you can access an EEM lender database.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=206


By: Debra Pentz

Currently there are 12 states with some kind of tax credit program available to folks interested in land conservation.  The Conservation Resource Center has assembled a report to assess the effectiveness of state income tax credits (Conservation Credits) in advancing land conservation and to guide states through issues related to the development of a tax credit program.

 

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=210


By: Marie Dias
Exchanges that commence in one tax year and end in a subsequent tax year are sometimes called Year End Exchanges. These so called Year End Exchanges contain some unique benefits and some hidden pitfalls. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=211


By: Marie Dias
Wikipedia encyclopedia defines Bifurcated as “to divide into separate parts or accounts”.  In law, “the division of issues in a trial” and as a practical example the “forking of a river into distributaries”.  For purposes of an exchange, an owner occupied two family could be described as a bifurcated property. One part or section of the property represents the owner’s principal residence and the remainder is property held for the productive use in trade or business.Wikipedia encyclopedia defines Bifurcated as “to divide into separate parts or accounts”.  In law, “the division of issues in a trial” and as a practical example the “forking of a river into distributaries”.  For purposes of an exchange, an owner occupied two family could be described as a bifurcated property. One part or section of the property represents the owner’s principal residence and the remainder is property held for the productive use in trade or business. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=213


By: Ariel Steele
By donating a conservation easement, you are eligible not only for an immediate financial reward from state tax credits and federal deductions, but you can also save money on estate taxes for generations to come. Up to $500,000 of the value of your land that is protected by a conservation easement can be excluded from the value of your estate if certain requirements are met. At a 45% estate tax rate, that can add up to a savings of $225,000 when the land passes to the first heir, and very likely once again each time the land passes to another family member.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=215


A new report by Defenders of Wildlife Gives an in-depth summary of 2008 Farm Bill Conservation Provisions and programs. If you care about private land conservation, you can’t afford not to know the federal Farm Bill, the single greatest source of private land conservation funding in the United States. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=218


By: Greg Nolan
Private non-industrial forested lands in Minnesota and other states of the Northeastern U.S. can benefit from the practice of "Forest Stand Improvement," a less-intensive and more owner-friendly version of Timber Stand Improvement that can be implemented by the landowner him or herself.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=219


By: Greg Nolan

Finding the Lost Forests of the Past in the Grazed and High Graded Hardwoods of Central Minnesota
(and Mitigating Global Warming in the Process) ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=220


By: Butler, B., Tyrrell M., Feinberg, G., VanManen S., Wiseman L., Wallinger S.
Social marketing—the use of commercial marketing techniques to effect positive social change—is a promising means by which to develop more effective and ef?cient outreach, policies, and services for family forest owners. A hierarchical, multivariate analysis based on landowners’ attitudes reveals four groups of owners to whom programs can be tailored: woodland retreat, working the land, supplemental income, and ready to sell. A prime prospect analysis segmenting landowners according to their level of engagement and interest in land management can be used to improve the ef?ciency of program implementation. Landowners showing low levels of engagement but high levels of interest are of special interest because they are likely to be receptive to a social marketing message and therefore should be a priority target for any such efforts. Using the demographic pro?le of the average family forest owner, newspapers and television were identi?ed as important means for mass communication. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=222


By: Rocky Mackintosh
For those of you who don’t know, TDR stands for Transferable Development Rights. Simply put, these are typically programs that are designed by local government to allow for the free market transfer of subdivision or development rights from a rural (agricultural and/or conservation) zone to a designated development zone within a jurisdiction.  These rights are purchased by a land developer at market value from a landowner in a rural area where there are often more development rights than are allowed to be used by zoning in that area.  Referred to as a “Sending” zone, the rights are then legally separated from the farm or rural property in exchange for a land preservation easement.  The rights can be held for investment or transferred into a “Receiving” zone, which is a designated growth area for real estate development.  In these Receiving zones additional density is allowed to be added when the rights are acquired from the rural Sending zones.

Equally as important it can be a very effective tool for preserving farmland, conservation areas and even historic places. 
While not for every community, there are many that are ripe for such programs.  So, what are the common features and attributes of the most successful programs around the nation? ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=224


It’s no secret that planting a tree is one of the best actions that you can take to improve and protect the environment. What you may not know, however, is that there are already hundreds of programs and efforts dedicated towards planting trees! By planting trees, we can improve air quality, harbor wildlife, and reduce carbon emissions that affect our climate. Along with the environmental benefits, the outcome has many social advantages, including the enrichment of our cities and towns. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=228


By: Resources First Foundation - RFF
Idaho OnePlan provides data and software to help growers develop a single conservation farm plan that can be pre-endorsed by the various agencies, streamlining and simplifying the regulatory process that farmers face. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=229


The Farmland Information Center (FIC) is a clearinghouse for information about farmland protection and stewardship. It is a partnership between the USDA Natural Resources Conservation Service and American Farmland Trust. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=230


By: Blair Fitzsimons
Answers on subsurface mining below conservation easements. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=256


By: Texas Parks and Wildlife Department
This guidebook is intended to help Texas landowners understand one of the most flexible and effective means available to conserve and protect private property – the conservation easement. A conservation easement is a legal agreement that ensures a property will be managed according to the landowner’s wishes for years into the future and may also qualify the landowner for tax benefits. Every conservation easement document is individually crafted and reflects the special qualities of the land protected and the needs of the landowner. ... Read More »
http://privatelandownernetwork.org/pdfs/TexasConservationEasementGuide.pdf


By: Mark W. Brunson and Lynn Huntsinger
Working ranches are often promoted as means of private rangeland conservation because they can safeguard ecosystem services, protect open space, and maintain traditional ranching culture. To understand the potential for generating broad social benefits from what have come to be called "working landscapes", one must consider the synergies of people, environment, and
institutions needed to accomplish conservation, as well as complicating factors of scale and uncertainty. Focusing on the problem as it has unfolded in the western United States, we review the state of knowledge about the extent of ranchland conversion; reasons why maintaining working ranches may benefit conservation; and the challenges and opportunities of rancher demographics, attitudes, values, and propensities for innovation. Based on this review, we explore whether the supply of traditional, full-time ranch owners is likely to be sufficient to meet conservation demand, and conclude that although demographic trends seem to suggest that it is not, there exist alternative enterprises and ownership forms that could achieve the goals of ranch conservation. We offer suggestions on how potential shortfalls might be addressed. ... Read More »
http://privatelandownernetwork.org/pdfs/Ranching as a Conservation Strategy.pdf


By: Patricia E. Salkin
Private land conservation initiatives are a critical component of any state-level quality of life agenda. Although concerns over sprawl, including the loss of prime agricultural lands and significant green space, continue to be one of the underlying rallying cries in support of state-level smart growth initiatives, the fact remains that with few exceptions, conservation of privately-owned working lands has not received significant attention in smart growth literature or conferences. Yet, land conservation and growth management are inextricably intertwined and policy initiatives must work in concert to be effective. ... Read More »
http://privatelandownernetwork.org/pdfs/Conservation of Private Lands Salkin.pdf


By: Michael Bean, Robert Bonnie, Tim Male, Tim Searchinger
Given the right incentives, private landowners can play a pivotal role in achieving many of the nation's conservation goals. Recovering rare species, restoring degraded habitats, and improving the quality of water in our rivers and streams are just a few of the goals that are clearly within our reach if we enlist the nation's private landowners as partners in the task. Those are the core beliefs that prompted the creation of a new Center for Conservation Incentives at Environmental Defense. Those are also the beliefs that prompted the Doris Duke Charitable Foundation to catalyze the creation of that Center with a generous five-year grant. ... Read More »
http://privatelandownernetwork.org/pdfs/EDF Conservation Incentives Report.pdf


By: Ariel Steele
You can save thousands of dollars on your state income tax bill by participating in the state of Colorado’s unique conservation easement income tax credit program and help preserve Colorado’s natural treasures. Landowners who permanently preserve their land for agriculture, scenic views or wildlife habitat can generate state income tax credits that can then be sold at a discount to taxpayers. This is relevant for you if you have a state income tax liability of at least $10,000 in a given year. ... Read More »
http://privatelandownernetwork.org/pdfs/Buyer 2009 Article.pdf


By: Stefan Nagel
In this article by Stefan Nagel, the federal and state income tax benefits of donating a preservation easement are discussed. ... Read More »
http://privatelandownernetwork.org/pdfs/Preservation and Conservation Easements part2.pdf


By: Stefan Nagel
Stefan Nagel discusses the facts about preservation easements and conservation easements in this part 1 of the guide. ... Read More »
http://privatelandownernetwork.org/pdfs/Preservation and Conservation Easements.pdf


By: Stefan Nagel
This article explores the application of conservation easements in a suburban context of the "clearly delineated governmental policy' test under Section 170(h)(4)(A)(iii)(II) of the code in meeting the "conservation purposes" test of code Section 170(h)(1)(C). ... Read More »
http://privatelandownernetwork.org/pdfs/Saving Open Space.pdf


By: C. Timothy Lindstrom
There are five types of tax benefits available to easement donors and their families, all of which can be enjoyed in combination. Use this guide from Timothy Lindstrom, an attorney who specializes in the federal tax law governing conservation easements and land trusts. He serves as legal counsel to easement donors and land trusts throughout the United States. He is a frequent lecturer and writer on the topic, and has played an instrumental role in the creation of additional statutory incentives for voluntary land conservation ... Read More »
http://privatelandownernetwork.org/pdfs/taxguide2007.pdf


By: Lawrence R. Kueter and William M. Silberstein

Term conservation easements are conservation easements that are not perpetual, but, rather, restrict the property for a term of years. After the term has expired, the conservation easement restrictions terminate and no longer affect the land.

Term conservation easements are controversial within the land trust community because they do not protect the land permanently. There is certainly room in the toolbox for term conservation easements when temporary protection of land is appropriate,or is better than no protection at all. However, many land trusts are wary of using their resources on anything less than perpetual protection.

... Read More »
http://privatelandownernetwork.org/pdfs/TermConservationEasements.pdf


By: Brenda Lind
The increasing use of conservation easements to protect private, productive forestland and recent large-scale projects protecting tens or hundreds of thousands of acres are bringing out challenges and questions related to working forest conservation easements (WFCEs). WFCEs are easements developed specifically for working forests that are actively managed for timber or other marketable goods. In April 2001, a Land Trust Alliance (LTA) advisory panel of conservation easement and forest management practitioners from across the country discussed emerging WFCE trends and ongoing challenges, including forming complex partnerships with multiple parties in easement transactions, documenting and monitoring a forest’s multiple resources and managing public access on some working forestlands. ... Read More »
http://privatelandownernetwork.org/pdfs/TrendsinWorkingForestCEs.pdf


By: Jeff Pidot
In 2007, Maine addressed many of the issues raised in Reinventing Conservation Easements by enacting the first, and to date the only, comprehensive conservation easement reform law in the nation (Reform Law).5 This article explores how the Reform Law has worked and whether it makes sense as a model for other states in response to weaknesses in their enabling laws. After setting the contextual stage, this article tells the story of how the Reform Law came into being in Maine, which has more land under conservation easement than any other state. This article then examines significant provisions of the Reform Law and describes how, since its enactment, these provisions are perceived by a number of those most actively involved. The article concludes with suggestions for improvements in the law,including potential lessons for other states. ... Read More »
http://privatelandownernetwork.org/pdfs/pidot.pdf


By: Stephen J. Small, Esq.

Under the “old” law, for gifts prior to 2006, an individual could deduct the value of a conservation easement donation generally up to 30% of the donor’s “contribution base” for the year, with a five-year carryforward of any unused amount. “Contribution base” is a technical tax term that means adjusted gross income subject to certain adjustments (which adjustments are not relevant for most landowners). So for shorthand we simply say the deduction for individuals could be taken up to 30% of “adjusted gross income,” or “AGI.” What follows is an article Mr. Small wrote on the incentives. It appears that the provisions of the original incentives will be extended in their entirety.

This article is not legal advice. It is commentary on the new incentives. Landowners contemplating conservation donations must consult with their own advisors on these issues.

... Read More »
http://privatelandownernetwork.org/pdfs/newconservationtaxincentives.pdf


By: Colleen Schreiber
In recent years more landowners are beginning to use conservation easements as a tool to help heirs keep the land intact and in the family. A conservation easement is a voluntary deed restriction that protects the land from development in perpetuity. The farmer or rancher still owns the property and still owns the right to use the property, to lease, to sell, and to borrow money against it. The benefit is that such easements provide tax incentives to the landowner.  Some choose to use conservation easements; others choose not to, but either way, a wise choice requires education on what can be a complicated subject.  Massachusetts-based Stephen J. Small was an attorney for the IRS prior to starting his private practice. During his stint with the IRS, Small was responsible for writing the federal income tax regulations on conservation easements. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=287


By: Daniel Halperin
The Internal Revenue Code allows a charitable income-tax deduction for a “qualified conservation contribution,”1 known, more colloquially, as a conservation easement. To be eligible for the deduction, the easement must be “granted in perpetuity” to a “qualified organization, exclusively for conservation purposes.”2 The 1980 change in the tax law to codify this deduction is generally recognized as being the factor largely responsible for the tremendous growth in the donation of conservation easements.3 The Land Trust Alliance, an umbrella organization for land trusts, (like other defenders of the tax deduction) has pointed to the millions of acres now protected by conservation easements as evidence of the tax-expenditure program’s enormous success.4 What is striking, however, is that supporters make no mention of the program’s cost. ... Read More »
http://privatelandownernetwork.org/pdfs/LCP74Dfall2011P29.pdf


A 293 page guide to the Legal Issues in Farming the Wind on your farm from June 2007 ... Read More »
http://privatelandownernetwork.org/pdfs/FarmersGuideWindEnergy.pdf


 a 4-page publication from the SC Dept. of Natural Resources, tells how to provide food and improve habitat through standard management practices.

... Read More »
http://privatelandownernetwork.org/pdfs/woodduckmgmt.pdf


From The Heinz Center, this 2008 lengthy publication is targeted to land managers who practice adaptive management.

... Read More »
http://privatelandownernetwork.org/pdfs/Strategies for Manageing the Effects of Climate Change on Wildlife and Ecosystems.pdf


A practical guide to ways agricultural producers can profit from the growing environmental marketplace from American Farmland Trust, 2010. An in-depth 55-page handbook that introduces and surveys the types of environmental markets, how to get involved including evaluating financial returns and assessing risks, and what farmers and ranchers can do to encourage these markets.

... Read More »
http://privatelandownernetwork.org/pdfs/GuidetoEnvironmentalMarketsforFarmersandRanchers.pdf


This document, from Cooperative Extension at the University of Kentucky, is a 15-pager how-to that covers both infrastructure and management requirements for this form of grazing, which helps farmers increase net profit by increasing yield of animal products per acre.

... Read More »
http://privatelandownernetwork.org/pdfs/roational grazing UK.pdf


This is an Invasive Species Element Stewardship Abstract, prepared by The Nature Conservancy to assist their land stewards and other land managers in managing invasive species. An Element Stewardship Abstract always contains information on the origins and range of the species, as well as its biology and, most importantly, options for management, control and habitat restoration. This abstract addresses the nuisance aquatic species hydrilla.

... Read More »
http://privatelandownernetwork.org/pdfs/hydrilla ESA.pdf


A 50-page document from the Arkansas Forestry Commission gives the definitive treatment for streamside management zones, roads, harvesting, chemical use, site prep, reforestation, fire and soils. ... Read More »
http://privatelandownernetwork.org/pdfs/ArkAFC,BMPwaterquality.pdf


This 1998 document from Florida Dept. of Agriculture provides educational, rather than regulatory, information on pesticide storage, mixing, application and spill management as well as practices for fertilizer, solvents and other chemicals associated with agricultural operations. ... Read More »
http://privatelandownernetwork.org/pdfs/agchemicalbmp.pdf


Texas Agrilife covers the basics of construction, management, composting, litter and trouble shooting.

... Read More »
http://privatelandownernetwork.org/pdfs/managingpoultryodorUS.pdf


A publication that addresses issues arising when landowners answer “yes” to these questions:
Are you aware of manure sampling and testing procedures?
Do you store livestock waste for longer than 90 days on your property?
Do you store livestock waste for short periods (30 to 90 days) on your property?
Do you store livestock waste closer than 150 feet from any water wells?
Do you use lagoons or detention ponds to store livestock waste?
Are there any abandoned livestock waste storage facilities on your property? ... Read More »
http://privatelandownernetwork.org/pdfs/GroundwaterProtectmanurestorageUS.pdf


Best Management Practices For: residential homeowners, small businesses, landscapers, teenagers taking care of lawns as a summer job, golf courses, etc. ... Read More »
http://privatelandownernetwork.org/pdfs/home chemical bmps.pdf


Best Management Practices For: Boarding Stables, Equestrian Centers, Small Farms, Urban Horse Owners, and Kennels.  Developed because animal waste contributes to water pollution when it is improperly stored or left uncovered near small streams and storm drains. During rainfall, without proper precautions it is washed into storm drains and flows untreated, directly into surface waters. ... Read More »
http://privatelandownernetwork.org/pdfs/bmps hobby farms, stables.pdf


Texas Agrilife publication about making supplemental water go further, managing dry manure depth, and timing of manure removal. ... Read More »
http://privatelandownernetwork.org/pdfs/manureharvesting.pdf


For horse enthusiasts, veterinarians and operators of boarding stables, handling and disposing of horse manure can pose numerous challenges. Frequently, operators of equine facilities and large-animal veterinary clinics must pay someone to take the manure off the property.  However, there is an excellent way to stimulate demand for a product that would otherwise be a liability. Composting manure can eliminate a messy problem and provide a modest additional income. ... Read More »
http://privatelandownernetwork.org/pdfs/compostinghorsemanure.pdf


A lengthy document from EPA (2004), Managing Manure contains information pertinent to Large CAFOs in the Dairy Cows and Cattle other than Veal Calves and the Swine, Poultry, and Veal Calves subcategories of the final CAFO regulations. ... Read More »
http://privatelandownernetwork.org/pdfs/manage manure at CAFOs.pdf


Texas Agrilife summarizes how to use soil, manure and effluent testing to determine  and calibrate land application rates for nutrients. ... Read More »
http://privatelandownernetwork.org/pdfs/cropnutrients & testing.pdf


Application of dairy compost for stormwater management and on Dept of Transportation projects. ... Read More »
http://privatelandownernetwork.org/pdfs/compostforerosioncontrolE354.pdf


When managed properly, irrigation of crops with effluent reduces a producer’s reliance on commercial ferti- lizers and helps protect surface and groundwater quality. To use effluent efficiently while avoiding over irrigating it on crop and pasture land, producers must know:
• The N, P and K needs of the crop,based on a realistic goal for yields.
•    The N, P and K in the soil available to the plants before irrigation.
The amounts of N, P and K in the effluent that will be irrigated.
This Texas Agrilife publication tells you how. ... Read More »
http://privatelandownernetwork.org/pdfs/cropsandpastures.pdf


This brief document is full of photos that will help landowners to determine what form of algae they may have.  It describes the major types, their causes, effects, and what can be done to manage algal blooms. ... Read More »
http://privatelandownernetwork.org/pdfs/algal blooms, scum.pdf


This testimony was given July 15, 2010 before the U.S. House of Representatives Subcommittee on National Parks, Forests, and Public Lands at the hearing on "Locally Grown: Creating Rural Jobs with America's Public Lands" ... Read More »
http://privatelandownernetwork.org/pdfs/Stone Testimony_71510.pdf


Improved performance at competitive costs is promised by this 2002 EPA publication all about anaerobic digestion and biogas recovery for energy. ... Read More »
http://privatelandownernetwork.org/pdfs/manurebiogas2.pdf


This EPA factsheet gives information on trends in use of these manure management systems in the U.S. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=321


This 2011 document from EPA provides an extensive listing of service providers who can assist farm operations in turning waste into energy.  EPA’s AgSTAR Program produces this Industry Directory to assist livestock producers and others involved in developing anaerobic digestion systems to identify consultants, designers, developers, equipment vendors, and other providers of biogas energy services. ... Read More »
http://privatelandownernetwork.org/pdfs/agstar_industry_directory onfarm biogas.pdf


This 40+ page booklet, produced by the Kings River Watershed of northeast Arkansas, provides an overview of water quality rules and regulations as well as riverine ecosystems.  Half of the document explains the effects of sedimentation and erosion on stream quality and describes practices to prevent, improve and remediate streamside and riparian zone erosion damage. Practices include easements, riparian buffer zones, engineered streambank restoration and financial/technical resources available to assist in these practices.  Click here to download the book. ... Read More »
http://privatelandownernetwork.org/pdfs/agstar_industry_directory onfarm biogas.pdf


This fact sheet developed by Univ. of Ark at Pine Bluff discusses requirements and considerations for AFOs and CAFOs in vegetation maintenance, space requirements for hogs, and nuisance smell issues. ... Read More »
http://privatelandownernetwork.org/pdfs/small swine farmers.pdf


This brief factsheet from the Univ. of Ark defines liquid manure, discusses storage and management options, as well as solids removal and equipment. ... Read More »
http://privatelandownernetwork.org/pdfs/liquid manure solids.pdf


Another University of Arkansas gem that explains integrated odor management, which can include diet manipulation, capture and treatment of gas, and BMPs for spreading manure.

... Read More »
http://privatelandownernetwork.org/pdfs/managing livestock odor.pdf


This 30-page document developed by the US Fish and Wildlife Service in cooperation with numerous state and federal agencies, provides a comprehensive overview of recommended voluntary practices for energy companies during exploration, drilling and reclamation activities.  The BMPs help ensure that such activities are conducted in an environmentally responsible manner and address the following issues: migratory, threatened and endangered species; wetlands; geophysical and construction activities; vehicle maintenance and chemical handling; gas condensate, well servicing and solid wastes; chemical controls; transmission lines; storm water; reclamation and abandonment; and good house keeping practices for publicly-owned properties. ... Read More »
http://privatelandownernetwork.org/pdfs/Fayetteville_shale_bmp.pdf


This brief University of Arkansas Division of Agriculture publication by Becky McPeake, Associate Director of Wildlife, includes tips for developing a management plan and actual practices for habitat management.  It includes sections on special habitat types, tips on native species, food plots, pesticide use, snags, brush piles, supplemental feeding, water and nest boxes of many kinds. ... Read More »
http://privatelandownernetwork.org/pdfs/12wildlife tips.pdf


This fact sheet provides techniques acceptable for organic and integrated pest management.  It specifically addresses house flies, horn flies, face flies, and stable flies. ... Read More »
http://privatelandownernetwork.org/pdfs/fly control organic dairies.pdf


This 14-pager from the Univ. of Arkansas Div. of Agriculture summarizes the Arkansas P Index, or API, adopted by the Arkansas Natural Resources Commission effective Jan. 1, 2010, which guides the preparation of nutrient management plans in watersheds that are “nutrient surplus areas.”  The API is also part of the nutrient management plans required by the Natural Resources Conservation Service for participation in most cost-share programs.  Any land application of manure in Arkansas generally requires a nutrient management plan and compliance with the API.  This API document covers diversion, fencing, field borders, filter strips, grassed waterways, ponds, riparian forest buffers, fences and herbaceaous cover, and terracing. ... Read More »
http://privatelandownernetwork.org/pdfs/MP487.pdf


A Univ. of Arkansas, Division, of Agriculture factsheet by Asst. Prof. Dirk Philipp describes riparian vegetation and its relationship to water quality, and options for managing cattle including streambank crossings, partial livestock exclusion, livestock management, offstream watering, and grazing management. ... Read More »
http://privatelandownernetwork.org/pdfs/livestock mgmt riparian.pdf


This Univ. of Ark., Division of Agriculture 4-pager covers three major options for phosphorus planning and management. ... Read More »
http://privatelandownernetwork.org/pdfs/P-based nutrient planning.pdf


Regulation No. 5 requires that a permit be obtained from Ark. Dept. of Environmental Quality before the construction and operation of a confined animal operation that uses a liquid waste management system. This means any individual or organization that is currently operating a liquid waste management system must have a permit. The objectives of the regulation are to prevent point source water pollution, to minimize nonpoint source water pollution and to reduce offensive odors produced by confined animal operations.  The factsheet explains permitting and technical requirements of the regulation. ... Read More »
http://privatelandownernetwork.org/pdfs/Reg5.pdf


This factsheet from the Univ. of Ark., Division of Agriculture delineates nutrient content, application procedures and guidelines for application and storage of poultry litter as a fertilizer and source of organic matter for row crops. ... Read More »
http://privatelandownernetwork.org/pdfs/poultry litter rowcrops.pdf


This factsheet from the Arkansas Watershed Advisory Group lists 10 simple but important measures that anyone can undertake, and provides a map overview of Arkansas watersheds. ... Read More »
http://privatelandownernetwork.org/pdfs/10 things to stop h2o pollution.pdf


This is a Univ. of Ark., Division of Agriculture fact sheet about the Arkansas Natural Resource Commissions mandate to safeguard water quality in the state.  This sheet contains a map showing the 8 nutrient surplus watersheds originally designated by the Ark. General Assembly in 2003 and updated in 2005.  Within nutrient surplus watersheds, nutrients must be applied by a certified nutrient applicator according to a nutrient management plan developed by a certified plan writer or using   designated conservative nutrient application rates. ... Read More »
http://privatelandownernetwork.org/pdfs/nutrient mgmt regs in Ark.pdf


This 14-page summary from the Univ. of Ark., Division of Agriculture describes various forms of grazing management that can improve compaction, riparian degradation and runoff from beef cattle operations.  It also discusses management of heavy use areas, carcass disposal and confinement areas.

... Read More »
http://privatelandownernetwork.org/pdfs/beef cattle h2o quality Ark.pdf


This 26-page booklet introduces the Stream-A-Syst system to help landowners assess and manage their streams.  It contains a worksheet, action plan with recommended steps and sources of information to address various issues, and a visual (photographic) assessment guide. ... Read More »
http://privatelandownernetwork.org/pdfs/riparian assess guide.pdf


Defines riparian buffers and discusses various benefits, including property value, wildlife habitat, timber, and recreational/aesthetic/spiritual values.
... Read More »
http://privatelandownernetwork.org/pdfs/riparian buffers.pdf


Discusses grass, 3-zone, 2-zone, wildlife, urban and naturalized buffers and recommendations for how to choose, establish and cost-share. ... Read More »
http://privatelandownernetwork.org/pdfs/rip buffer types.pdf


Explains the objectives and benefits of developing a nutrient management plan.  Federal law requires plans for all concentrated animal feeding operations and the northwest Arkansas counties with areas designated as “nutrient sensitive” also require nutrient management plans.

... Read More »
http://privatelandownernetwork.org/pdfs/nutrient mgmt planning overview Ark.pdf


This 5-pager defines BMPs, explains how they are developed and gives a good overview of low-cost BMPs related to nutrient management and filter strips as well as BMPs that could require cost-share related to stream protection.
... Read More »
http://privatelandownernetwork.org/pdfs/BMPs livestock.pdf


This factsheet explains soil phosphorus or “P” numbers, the concerns about phosphorus, and suggested BMPs for managing phosphorus in the soil. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=343


This Univ. of Arkansas fact sheet explains “Testing soil for nutrients is an integral part of nutrient management planning for the use of animal manure as fertilizer.Nutrient management planning has been adopted as a requirement in virtually all the state and federal environmental laws related to confined livestock operations in Arkansas.” These include State regulation #5 and state laws defining nutrient sensitive areas, as well as the Federal Animal Feeding Operation Regulation. ... Read More »
http://privatelandownernetwork.org/pdfs/soil testing manure.pdf


This factsheet explains the results of a study and guidelines for using bermuda sod pasture as a means of removing P from soil by adding only N and K, then removing the forage to sites low in soil P. ... Read More »
http://privatelandownernetwork.org/pdfs/bermuda forage mines P.pdf


This fact sheet defines the difference between a vegetative shelterbelt and structural windbreak.  It concludes, “A well-designed and positioned vegetative shelter-belt on a poultry farm can be used as a practical air emission mitigation technology.” ... Read More »
http://privatelandownernetwork.org/pdfs/veg shelterbelts.pdf


Provides instructions for artificial regeneration, site prep, seedings and planting to re-establish longleaf pine.  The guidelines conclude, “ Longleaf pine has many desirable characteristics for landowners who have multiple-use forest management objectives. On appropriate sites, and with careful attention to detail during the regeneration phase, it is possible to enjoy the versatility of this species without compromising growth rates.” This paper was written by Chris Demers, Alan Long and Patrick Minogue of University of Florida extension. ... Read More »
http://privatelandownernetwork.org/pdfs/LL pine regeneration.pdf


This factsheet explains the compost process, what can be composted, its benefits, and the major different methods of composting. ... Read More »
http://privatelandownernetwork.org/pdfs/why compost.pdf


This factsheet differentiates composting from biodrying, with the former leading to good soil amendments and the latter leading to good material for bioenergy production.   It explains the basics of biodrying equipment and methods. ... Read More »
http://privatelandownernetwork.org/pdfs/partial compost biodry.pdf


Beyond simply covering poultry mortality with litter, includes water contamination concerns. ... Read More »
http://privatelandownernetwork.org/pdfs/2-stage poultry.pdf


How to make and use a garbage can composter. ... Read More »
http://privatelandownernetwork.org/pdfs/easy compost.pdf



This fact sheet explains how to build bins from concrete blocks or wood, and how to add waste and maintain the compost. ... Read More »
http://privatelandownernetwork.org/pdfs/3 bin turning compost.pdf


This brief article from University of Arkansas explains that “Worm composting or vermicomposting is a suitable composting option for apartment dwellers and homes with no yard space and is also a great classroom activity. The worms stay in the bin and eat household food scraps, and the bin has no odor if properly maintained.”  It includes building and maintenance instructions. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=353


Explains how throwing old medicines in the toilet or trash can pollute water, alternatives for disposal and protection for various types of water systems. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=354


A Univ. of Arkansas fact sheet detailing the water cycle and  little ways to save lots of water at home - both inside and outside. ... Read More »
http://privatelandownernetwork.org/pdfs/home h2o conserv.pdf


Defines stormwater and its associated management issues and gives guidelines for the use of trees to filter and mitigate the effects of stormwater in developed areas. ... Read More »
http://privatelandownernetwork.org/pdfs/forests urban stormwater.pdf


A factsheet that explains the watershed concept and their relationship to hydrological unit codes, or HUC, and water quality management. ... Read More »
http://privatelandownernetwork.org/pdfs/Ark watersheds.pdf


Defines and discusses management of nutrients, pests, tillage, harvest, and edge/buffers to benefit waterbirds.  Also provides crop-specific BMPs for corn, soybeans, wheat, cotton and rice. ... Read More »
http://privatelandownernetwork.org/pdfs/BMP waterbirds on ag.pdf


Summarizes opportunities in Arkansas for tax incentives, loans, grants, land retirement and easements, and cost-share programs for conservation management - from state, federal, and nonprofit sources.

... Read More »
http://privatelandownernetwork.org/pdfs/Ark wildlife financial asst.pdf


Explains the benefits of using alum for both poultry production and water quality. ... Read More »
http://privatelandownernetwork.org/pdfs/FSA-8003.pdf


This Univ. of Arkansas fact sheet discusses benefits and sampling principles for testing poultry litter because, “Applying poultry litter without knowing its nutrient content is similar to applying commercial fertilizer without knowledge of its nutrient content (e.g., % N/P/K).” ... Read More »
http://privatelandownernetwork.org/pdfs/poultrynutrientsampling.pdf


This Univ. of Arkansas fact sheet discusses the relationship between the poultry and cattle industry in Arkansas, namely their production and use, respectively, of phosphorus-rich poultry litter.  It concludes, “Inherent in the different grazing techniques is the potential to reduce compaction and improve vegetative surface cover (percent), which has a dramatic impact on runoff, erosion and P loss.”  Inclusion of vegetated buffers can have an even more dramatic impact. ... Read More »
http://privatelandownernetwork.org/pdfs/grazing affects water quality.pdf


Discusses general considerations and various designs for such systems. ... Read More »
http://privatelandownernetwork.org/pdfs/water cattle ponds.pdf


Describes cogongrass, tropical soda apple, sudden oak death, bacterial leaf streak in rice, hydrilla, Sirex wood wasp, Old World bollworm, channeled apple snail, rice nematode, and other problem species on the horizon in Arkansas. ... Read More »
http://privatelandownernetwork.org/pdfs/Top 10Ark InvasiveSpeciesGuide08.pdf


A 20-page report from the Southern Regional Aquaculture Center conducted research in Arkansas and other states to determine actual production costs, breakeven prices, and profits.  Six Arkansas catfish foodfish ponds yielded net results ranging from $80 to $1,847 per acre over a three-year period, averaging $669 per acre.  Two catfish fingerling ponds yielded a net ranging from $1116 to $3132 per acre, and averaging $2073 per acre. ... Read More »
http://privatelandownernetwork.org/pdfs/BMPs aquatic sp.pdf


Characteristics and requirements of the three most common baitfish in the South:  the golden shiner, fathead minnow or goldfish.The Southern Regional Aquaculture Center also lists all their available factsheets online.  A list of all SRAC factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/

... Read More »
http://privatelandownernetwork.org/pdfs/farm raised baitfish.pdf


A discussion of the fish stocked in recreational fishing ponds as food for species such as largemouth bass.  Includes bluegill, redear sunfish, fathead minnow, golden shiner, threadfin shad, and tilapia and other species.
The Southern Regional Aquaculture Center also lists all their available factsheets online.  A list of all SRAC factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/intro to forage fish.pdf


Advantages and disadvantages of one of the four primary methods of aquaculture: ponds, raceways, recirculating systems or cages.
The Southern Regional Aquaculture Center also lists all their available factsheets online.  A list of all SRAC factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/what is cageculture.pdf


The importance of aeration in aquaculture and various methods how to.
The Southern Regional Aquaculture Center also lists all their available factsheets online.  A list of all SRAC factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/pond aeration.pdf


Quotes from the Thanksgiving meditation are highlighted in blue.
... Read More »
http://privatelandownernetwork.org/pdfs/Thanksgiving blog quotes.pdf


Advantages and disadvantages of one of the four primary methods of aquaculture: ponds, raceways, recirculating systems or cages.

A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/


... Read More »
http://privatelandownernetwork.org/pdfs/inpond raceways.pdf


The basics on “the most important species of aquatic animal commercially cultured in the United States.”  Discusses blue, white, brown bullhead, black bullhead, yellow bullhead, and flathead catfish species.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/
... Read More »
http://privatelandownernetwork.org/pdfs/channel catfish.pdf


Cost estimates developed for 6 2-acre levee ponds, including production facilities, site selection and pond construction, feed storage, water supply, equipment, and production practices.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/

... Read More »
http://privatelandownernetwork.org/pdfs/costs smallscale catfish production.pdf


Information about preparing and eating catfish for the consumer.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/you can do catfish.pdf


Summary of the most popular method for raising tilapia in the U.S.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/


... Read More »
http://privatelandownernetwork.org/pdfs/pond culture tilapia.pdf


A discussion of the main types of aquatic weeds, plus prevention; biological, chemical, and mechanical control; and integrated weed management.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/


... Read More »
http://privatelandownernetwork.org/pdfs/aquatic weed mgmt.pdf


Important personal, feasibility, and financial factors to consider.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/aquacult realities potentials.pdf


Strategies and cost estimates for various forms of frightening programs and exclusion ro barrier methods of control.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/control bird pred.pdf


Pros and cons and essentials for this system.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/recirculating aqua tank.pdf


Facilities design, requirements, and regulations.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/small scale&on farm processing.pdf


The basic types of operations and associated business considerations.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/fee fishing.pdf


Discusses clientele, permitting, advertising, location, design and security, water source, concessions, time of operations, signs, and safety and liability.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/fee fishing location.pdf


A must-read for any responsible aquaculturist contemplating non-native species production.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/nonnatives in aquacult.pdf


Discusses pathogens and parasites, genetic alterations, and genetically modified organisms.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/emerging issues nonnatives aquaculture.pdf


Lists toxicities of many different chemicals and how to reduce the risk of pesticide drift.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/pesticide toxicity.pdf


Covers major nutrient groups, micronutrients, digestion and metabolism, feed, and feeding practices.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/fish nutrition.pdf


Gives an overview of prevention techniques for live fish, shellfish, ornamental fish and invertebrates, aquatic plants, marine shrimp and freshwater prawns.
A list of all Southern Regional Aquaculture Center factsheets (more than 150) are available at https://srac.tamu.edu/index.cfm/event/viewAllSheets/ ... Read More »
http://privatelandownernetwork.org/pdfs/prevent hitchhiking nonindig sp.pdf


By: Natural Resources Conservation Service (NRCS)

The Natural Resources Conservation Service (NRCS) in the states of Alabama, Florida, Louisiana, Mississippi, and Texas, in cooperation with our conservation partners, proposes the establishment of a landscape-based, coordinated effort to improve ecosystem health in the Gulf of Mexico and its associated watersheds.

... Read More »
http://privatelandownernetwork.org/pdfs/NRCS GoMI.pdf


By: Natural Resources Conservation Service (NRCS)
Nutrient Management is defined as the management of the 4R's of Nutrient Management:Right amount (rate), Right source, Right placement (method of application), Right timing of commercial fertilizers, manure, soil amendments, and organic by-products to agricultural landscapes as a source of plant nutrients while protecting local air, soil and water quality.
 
The corner stone for Nutrient Management is the Natural Resources Conservation Service (NRCS) 590 Nutrient Management Conservation Practice Standard. Contact John Davis via phone at 202-720-2308, or email j.russell.davis@wdc.usda.gov
 
In addition to the 590 Nutrient Management Standard, NRCS provides further guidance on the application of nutrient management via the National Nutrient Management Policy and National Instruction.
... Read More »
http://privatelandownernetwork.org/pdfs/nutrientManagementBMP.pdf


By: William H. Funk
From the tip of Illinois to New Orleans, the great river rose from its channel, slipped its shackles, and crept with relentless strength miles deep into the farmland and country towns of Missouri, Tennessee, Arkansas, Louisiana and Mississippi, leaving ruin in its wake. The Great Flood of 2011, as it will be known, was bigger than even the disastrous flood of 1983, which caused $15.7 million in losses to farmers and riverside industries, or even the massive flood of 1993 above Memphis, with 50,000 homes damaged or destroyed, 54,000 people evacuated and damages estimated at $15-$20 billion. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=406


By: William H. Funk
Roy McCallie was born in Stuttgart during the great Mississippi flood of 1927.  His parents were forced to find a safer area when their hometown of Arkansas City was facing inundation, and it’s a good thing they did: the town was completely destroyed and lay submerged beneath the combined waters of the Mississippi and Arkansas rivers from April through August. The Red Cross admirably cared for all 1,500 townspeople while Arkansas City was rebuilt from the sodden ground up. “They had to move out everything down to the toothpick,” Roy says of his parents. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=407


By: Natural Resources Conservation Service (NRCS)

The Farm and Ranch Land Protection Program (FRPP), managed by the Natural Resource Conservation Service (NRCS), provides matching funds to help purchase development rights to keep productive farm and ranchland in agricultural uses. Working through existing programs, USDA partners with State, tribal, or local governments and non-governmental organizations to acquire conservation easements or other interests in land from landowners. USDA provides up to 50 percent of the fair market value of the conservation easement.

This brief and simple guide will help you decide if an agricultural easement could help keep your farm or ranch in the family or save it from development. If you decide to sell or give an easement in exchange for federal grant funds, then this guide will help you fill out the necessary paperwork as well as provide you with contact information for further assistance.

... Read More »
http://privatelandownernetwork.org/pdfs/FRPPGuide.pdf


White-nose Syndrome (WNS) is a devastating disease of hibernating bats that has caused the most precipitous decline of North American wildlife in recorded history. Since it was first discovered in 2006, WNS has infected six species of insect-eating bats in the northeastern and southern U.S., causing declines approaching 100% in some populations; estimated losses have exceeded 5.5 million bats from 2006 to 2012.

The implications for US agriculture and silviculture are potentially severe. ... Read More »
http://privatelandownernetwork.org/pdfs/WhiteNoseSyndromeinBats.pdf


Bats, still a required decor component for Halloween, are increasingly recognized as the important creatures that they are.  Bats are important predators and pollinators in ecosystems throughout the world.  The benefits they provide humans are substantial - both in terms of controlling insect pests and pollinating economically important crops.
... Read More »
http://privatelandownernetwork.org/pdfs/Bats and the Ecosystem Services they Provide.pdf


This brief 2-pager tells which reptiles make good pets and which do not, as well as advice on care and an explanation for why responsible pet owners do not release their pets into the environment. ... Read More »
http://privatelandownernetwork.org/pdfs/PARC pet buyers guide_lower res.pdf


As a landowner, you may be approached by a logger or forester to have a “high grade” harvest of your woods, which they typically call “selective cutting.” Selective cutting refers to a harvest that does not cut all of the trees.

However, there are many forms of selective cutting. While high grading does leave trees after the harvest, the critical issues to consider are whether the harvest will meet your immediate goals and if the remaining trees will best meet your future goals.

All woodlands do not provide equal benefits. The number, size, type, and quality of the trees left after harvesting all affect what your woods will become in the future and, as a direct result, what benefits your woods will provide to you and those that follow. High grading generally takes the best trees and leaves the rest, and may not meet your needs. ... Read More »
http://privatelandownernetwork.org/pdfs/High_Grade_Harvesting.pdf


By: Robert R. Williams

Atlantic white cedar (Chamaecyparis thyoides) is found along the Atlantic and Gulf coasts of the United States from Maine to Florida and west to Mississippi. Historically, this species has been a very valuable timber species and remains so today. Over the last three centuries, the area occupied by Atlantic white cedar has declined drastically, and it’s now classified as a globally threatened forest ecosystem,anditsdeclinecontinues. Hurricanes,flooding,wildlandfires,natural plant succession and sea level rise all continue to affect a decline in the overall acreage of this important wetland forest ecosystem.

... Read More »
http://privatelandownernetwork.org/pdfs/atl white cedar.pdf


The US Fish and Wildlife Service (USFWS) strongly recommends, first and foremost, compliance with all cave1 closures, advisories, and regulations in all Federal, State, Tribal, and private lands. However, where such closures are not required or recommended, the following protocol outlines the best known procedures to help reduce the transmission of the fungus Geomyces destructans (G.d.), believed to be the cause of white-nose syndrome (WNS), to important bat habitat and populations. WNS is responsible for significant bat mortality in eastern North America, and threatens bat populations across the continent. ... Read More »
http://privatelandownernetwork.org/pdfs/WNSDecon_Cavers_v012511.pdf


By: K Gregg Elliott
The first U.S. market for forest carbon offset projects implemented anywhere in the U.S. will open in 2012.  The state of California, as in so many things, is poised for a for a first. Under its Global Warming Solutions Act, known as AB32, the Golden State will establish the nation’s first compliance carbon market to allow forest carbon offsets. California’s carbon market, which opened in January 2012, will be the second largest in the world, after the European Union, and the largest in North America. New England’s Regional Greenhouse Gas Initiative, or RGGI, is currently North America’s only compliance market for carbon emissions but does not allow forest carbon offsets.

... Read More »
http://privatelandownernetwork.org/pdfs/California's Forestry Offsets Program.pdf


By: K Gregg Elliott
In the world of forest carbon offsets, it’s absolutely essential to understand seven general terms with very precise meanings.  

• real
• additional
• permanent
• verifiable
• quantifiable
• leakage
• reversal

These concepts apply to all offset projects, but each type of project has its own methodology for calculating offsets.  In the case of California’s Cap & Trade program, which allows qualified forest carbon offsets from anywhere in the U.S., projects may consist of reforestation, improved forest management, and avoided conversion (i.e. easements).  No matter what the type of forest offset project, this simple ”improved forest management” example serves to demonstrate how these important concepts apply.

... Read More »
http://privatelandownernetwork.org/pdfs/Do you Know What ForestCOffsets are.pdf


By: Amos Eno
Recently I made a presentation to the Society of American Foresters (SAF) at their annual conference. My overall theme was that working forests, not wilderness areas and parks, are the prospective foundations of our prosperity in the 21st century. Professional foresters are well aware of this point. The challenge is convincing urban America and policymakers of the urgent need to reverse an overburden of regulation and wilderness designations that has turned once glorious forests into tinder kegs of off-limits timber. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=427



The Sacramento-San Joaquin Delta is a regional, state and national treasure.
More than 515,000 people in dozens of communities call the Delta home. It is also home to more than 750 animal and plant species, some of them threatened or endangered. It supports California’s $27 billion agricultural industry with an average annual gross value of more than $500 million in corn, grain, hay, sugar beets, alfalfa, pasture, tomatoes, asparagus, safflower, a range of fruits and more. More than 1,800 agricultural users draw water from the Delta. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=430


This brief but comprehensive list from UC Cooperative Extension Monterey County offers a checklist of irrigation practices, design and equipment, and scheduling to increase your water security. ... Read More »
http://privatelandownernetwork.org/pdfs/Cahn-drought_proofing_checklist.pdf


By: Kathryn Fernholz

This report from Dovetail Partners Inc. reviews the new FSC-US Forest Management Standard3 and the new indicators and guidance that apply to family forestlands. An evaluation of the scope and scale of change is included as well as a discussion of the impacts and benefits.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=433


There are approximately 1.7 million lactating dairy cows in California. Sale of milk from these cows is estimated at $4.6 billion of the state’s $30 billion agricultural market. Nearly 73% of the cows are located in the San Joaquin Valley, which consists of San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare and Kern counties. The Central Valley Regional Water Quality Control Board submitted a list of questions to Vice President Gomes requesting specific information related to dairy manure. The answers to these questions are the basis for this lengthy report. ... Read More »
http://privatelandownernetwork.org/pdfs/Managing Dairy Manure in CV2006.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Integrated Farm Drainage Managment Intro.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Salt Mgmt Using IFDM.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Irrigation Monitoring & reporting.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Impact of Geology & Soils-Irrigation.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Drainage Water Characteristics.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Plant Selection for Integrated Farm Drainage Management.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Irrigation Drainage Water & Effects on Wildlife.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/IFDM Economics.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/IFDM Laws & Regulations.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/IFDM Appendix - crop salt tolderance.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/IFDM glossary.pdf


Precise guidelines about how to implement retention irrigation systems. ... Read More »
http://privatelandownernetwork.org/pdfs/CA Stormwater BMP handbook.pdf

This brief factsheet from the Community Water Center provides tips to private well owners on how to ensure the health of their drinking water.  

If you are served by your own private well, then you are solely responsible for the quality of that water. There are no requirements or regulations regarding testing, quality, or reporting of private wells under the state and federal Safe Drinking Water Acts. However, most county ordinances set basic construction permit requirements before a well can be drilled, and some require testing of private wells before a title can change hands on a residential property. Overall, there is virtually no oversight of private wells in California. All maintenance and repairs are the responsibility of the landowner, and to get water quality information you will need to do your own water testing.

... Read More »
http://privatelandownernetwork.org/pdfs/CWC_MyPrivateWell.pdf


A factsheet all about nitrate pollution from agriculture and how to safeguard groundwater quality. ... Read More »
http://privatelandownernetwork.org/pdfs/Sustainable Management of Nitrates in Groundwater.pdf


The original PRINCIPLES FOR AGREEMENT ON BAY-DELTA STANDARDS BETWEEN THE STATE OF CALIFORNIA AND THE FEDERAL GOVERNMENT, which has guided the development of CALFED and its ecosystem restoration programs since it was signed in 1994 - up until the creation of the Delta Stewardship Council in 2010. ... Read More »
http://privatelandownernetwork.org/pdfs/SFBayDeltaAgreement.pdf


A succinct factsheet from the California Dept. of Forestry and Fire Protection on how to safeguard your home inside and out. ... Read More »
http://privatelandownernetwork.org/pdfs/Homeowners fire checklist.pdf


The Agricultural Regulatory Program of the State Water Resources Control Board regulates discharges from irrigated agricultural lands to protect surface water and groundwater. In 2004, the Water Board issued a general conditional waiver of waste discharge requirements that applies to owners and operators of irrigated land used for commercial crop production from which there may be a discharge of waste (irrigation or stormwater runoff or discharge to groundwater) that could affect the quality of waters of the State.  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=455



Methylmercury is a form of mercury that is found in most freshwater and saltwater fish. In some lakes, rivers, and coastal waters in California, methylmercury has been found in some types of fish at concentrations that may be harmful to human health. The Office of Environmental Health Hazard Assessment (OEHHA) has issued health advisories to fishers and their families giving recommendations on how much of the affected fish in these areas can be safely eaten. In these advisories, women of childbearing age and children are encouraged to be especially careful about following the advice because of the greater sensitivity of fetuses and children to methylmercury.  ... Read More »
http://privatelandownernetwork.org/pdfs/Mercury in Sportfish facts.pdf


This factsheet gives specific guidelines for amounts, types and frequency of fish to be eaten for safeguarding health. ... Read More »
http://privatelandownernetwork.org/pdfs/SafetyTipsAboutFish.pdf


By: Amos Eno
... Read More »
http://privatelandownernetwork.org/pdfs/UnivofIDSpeech.pdf


By: Jon E. Barry

Professional forest management can provide tremendous benefits to landowners. Landowners have the opportunity to produce income from timber sales, develop better wildlife habitat, enjoy more hunting opportunities and provide a better environment for all of us by protecting soil and water resources. Unfortunately, far too few landowners realize that they can have these benefits. As a result, much of the privately owned forestland in Arkansas is not actively managed. Many of the potential benefits to the landowners and to society are being lost.

 

... Read More »
http://privatelandownernetwork.org/pdfs/ConsultingForestersForPrivateLandowners.pdf


Pest-control services provided by insect-eating bats in the United States likely save the U.S. agricultural industry at least $3 billion a year, and yet insectivorous bats are among the most overlooked economically important, non-domesticated animals in North America, according to an analysis published in a  Science  magazine Policy Forum*. The U.S. Geological Survey collaborated in this research in partnership with Boston University, the University of Tennessee, and the University  of Pretoria, South Africa.  This article courtesy of Encyclopedia of Earth.   ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=469


CP-33 Habitat Buffers for Upland Birds is available under the United States Department of Agriculture Continuous Conservation Reserve Program (CCRP). CP-33 enrollment is capped at 350,000 acres in 35 states within the primary range of the northern bobwhite. Under continuous signup CRP, there is no deadline for producers to submit acreage for enrollment and eligible acres offered are automatically accepted. All CP-33 contracts require a 10-year enrollment period.  This article comes from Mississippi State University CP33 website. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=470


Arkansas Governor’s Commission on Global Warming

The GCGW was tasked with considering, evaluating, and compiling a multi-sector set of recommended policies and presenting them to the Governor.  Members are appointed by the Governor, the President Pro Tempore of the Arkansas State Senate, and the Speaker of the Arkansas House of Representatives. The GCGW comprises a diverse group of stakeholders who bring broad perspective and expertise to the topic of climate change in Arkansas. Members represent the following sectors: energy, agriculture, forestry, industry, business, non-governmental organizations, academia, and government. The GCGW is assisted by an Advisory Body made up of directors of ten Arkansas state agencies. ... Read More »
http://privatelandownernetwork.org/pdfs/ArkGovglobalwarming.pdf

Many rural communities are facing challenges, including rapid growth at metropolitan edges, declining rural populations, and loss of working lands.   This report  focuses on smart growth strategies that can help guide growth in rural areas while protecting natural and working lands and preserving the rural character of existing communities.  These strategies are based around three central goals: 1) support the rural landscape by creating an economic climate that enhances the viability of working lands and conserves natural lands; 2) help existing places to thrive by taking care of assets and investments such as downtowns, Main Streets, existing infrastructure, and places that the community values; and 3) create great new places by building vibrant, enduring neighborhoods and communities that people, especially young people, don’t want to leave. 

... Read More »
http://privatelandownernetwork.org/pdfs/10-180 Smart Growth Rural Com.pdf


Mountain Home, Arkansas is located in the center of some of the best and most diverse fishing in the nation. Mountain Home, and the near-by city of Bull Shoals, are in the center of the Arkansas Ozarks. Both Mountain Home and Bull Shoals are the starting points of many Arkansas Ozarks fishing trips. Bull Shoals Lake and Lake Norfork are U.S. Army Corps of Engineers reservoirs containing nearly 70,000 acres of excellent fishing for a variety of warm water fish. Bull Shoals Lake has produced 7 current Arkansas state record fish, more than any other state water. Four current Missouri state record fish have come from the small section of Bull Shoals Lake across the state line. Largemouth, spotted, smallmouth, and white bass, crappie, walleye, and three species of catfish are the most popular native species. In addition, rainbow trout are stocked in Bull Shoals Lake while striped bass and hybrid stripers are stocked in Lake Norfork. Both lakes are within a 15 minute drive from Mountain Home, Arkansas. The city of Bull Shoals is right near Bull Shoals Lake dam. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=474

Arkansas has a wealth of ducks and doves, thanks to public support for maintaining and improving wildlife habitat and hunters who abide by hunting rules and regula- tions. Setting out bait for waterfowl or doves, or even hunting over a baited agricultural field, is not only unsports- manlike and unethical, it is illegal. Determining what is “baiting” can be a problem if hunters and landowners do not understand federal regulations about baiting migratory game birds. Waterfowl and doves are treated differently under these regulations.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=477

Assistance is available for Arkansas private landowners who voluntarily implement management practices promoting sustainable land use and conservation. Practices that reduce soil erosion and improve water quality benefit wildlife and forest resources. Many government and non- government agencies and organiza­ tions provide assistance for practices which improve our wildlife, forest and water resources (Figure 1).

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=478


Landowners share their experiences of managing for bird species and other wildlife values on their lands throughout the West, including ponderosa pine, the Oregon outback and forests of the Pacific Northwest. ... Read More »
http://privatelandownernetwork.org/pdfs/ABCppine_landowner_mgmtguide.pdf


A federal state publication with a series of concise but detailed recommendations for: ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=482


This example compares 2009 versus 2012 Illinois River CREP payments when installing CP22, a riparian buffer.  This spreadsheet shows the substantially increased new CREP payments.  All income from CREP - including rental payments, practice cost-share, practice incentive payments (PIP) and state incentive payments (SIP) are averaged out over the 15-year life of the CREP easement. ... Read More »
http://privatelandownernetwork.org/pdfs/costshare example for IL River CREP REVISED.pdf


This example compares 2009 versus 2012 Illinois River CREP payments when installing CP29, a grass buffer for marginal farmland.  This spreadsheet shows the substantially increased new CREP payments.  All income from CREP - including rental payments, practice cost-share, practice incentive payments (PIP) and state incentive payments (SIP) are averaged out over the 15-year life of the CREP easement. ... Read More »
http://privatelandownernetwork.org/pdfs/costshare margpasture example for IL River CREP REVISED CP29.pdf


This table provides a comparison of total return, after variable and fixed costs, for land enrolled in the new Illinois River CREP program in Arkansas.  A variety of costs and income levels for alfalfa hay, mixed hay, pasture, and cow/calf operations is compared, showing that the new CREP payments beat them all.

... Read More »
http://privatelandownernetwork.org/pdfs/Ill CREP Enhanced Cost Comparisons.pdf


This 40-page document provides detailed information on the biology of wild pigs, how to recognize their presence, the type of damage they can cause to agriculture and natural areas and a wide range of management techniques, including hunting.  It applies to just about anywhere in the U.S. where wild pigs are found. ... Read More »
http://privatelandownernetwork.org/pdfs/managing-feral-pigs.pdf


Clovers are beneficial additions to many forage programs because of improved forage growth distribution, increased forage yield, increased forage quality and reduced nitrogen fertilizer costs. These benefits lead to increased animal performance and profitability of the livestock enterprise. Winter annual clovers are considered to be better adapted to soil and envi­ ronmental conditions in southern Arkansas than perennial clovers. Perennial clovers are slower to estab­ lish than annuals and are not very long-lived in the hot, humid Coastal Plains region of southern Arkansas.

Because annual clovers complete their life cycle each year, they must be re-established from seed.

... Read More »
http://privatelandownernetwork.org/pdfs/Annual Clovers pub.-CES.pdf



As many Tennessee producers are aware, cool-season grasses, such as tall fescue and orchardgrass, suffer from poor forage production during the summer months. This has led to the search for cost-effective alternatives to bridge this summer “forage slump.” Native warm-season grasses (NWSG), bermudagrass and summer annuals
are potential alternatives that can provide ample forage during this period. 



However, economic analyses of NWSG in the Mid- South are limited to switchgrass, and only then for biofuel production. The Center for Native Grasslands Management has developed a Web-based, interactive, decision-support tool to examine various scenarios associ- ated with summer forage production. This tool can be used to examine the impacts of fuel cost, seed cost and planting rates, herbicide cost and application rates, and fertilizer price and application rates on the economics of grazing and haying NWSG, bermudagrass and summer annuals. The tool is based on UT budgets developed for forages (http://economics.ag.utk.edu/budgets.html). Using output from this decision-support tool and January 2011 current prices (Table 1), this publication offers insight into the economic implications of several inputs and outputs of NWSG as a forage in the Mid-South. Seed, fertilizers, her- bicides and fuel costs may vary greatly over time, so this publication is meant to serve only as a guide. ... Read More »
http://privatelandownernetwork.org/pdfs/Econ Impl-1. of Growing NWSG for Forage in the Mid-South.pdf


Whether you own five or five thousand acres, implementing a few habitat improvements on your property can help wildlife. This handbook introduces ideas for improving your land for wildlife and provides sources for additional information. Some habitat practices are fairly simple while others require contacting a private lands biologist, forester, Extension agent, district conservationist or other professional for assis­ tance (Figure 1). Contact information for assistance and additional resources are listed at the end of this 30-page handbook. ... Read More »
http://privatelandownernetwork.org/pdfs/Wildlife Habitat mgmt.pdf


A summary of all the benefits of prescribed fire in southern forests. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=493


A Prescribed Fire Association is a group of landown- ers and other concerned citizens that form a partnership to conduct prescribed burns. Prescribed burning is the key land management tool used to restore and maintain native plant communities to their former diversity and productivity for livestock production and wildlife habitat. Native prairies, shrublands, and forests supply the majority of livestock forage and much of the wildlife habitat in the U.S. Without fire, many native plant communities become dysfunctional and unproductive. Research has clearly shown that there is no substitute for fire.  ... Read More »
http://privatelandownernetwork.org/pdfs/rx_fire_assoc.pdf


By: National Wild Turkey Federation
In recent years, there has been increased interest in establishing native warm season grasses (NWSG) and forbs as wildlife habitat. Commonly known as prairie or prairie grass, native grasslands and savannas, a forest/grassland complex with less than 50% tree coverage, historically dominated the landscape across much of the United States. These grasses and forbs grow during the warmer months of the year as opposed to cool season grasses such as fescue and brome. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=499


By: K Gregg Elliott
According to the Mississippi Prescribed Fire Council, periodic fire played an important ecological role in shaping southern forests and grasslands. Longleaf pine is the premier example of a native Mississippi ecosystem adapted to fire.  It is also a relict landscape, having been largely replaced with loblolly pine.  At one time, longleaf pine forests covered 90 million acres across the Southeast, but now only scattered remnants totaling 3 million acres remain.  Most are privately owned.    ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=52


By: Amos Eno, Laura Mass Dover and Willard Dyche
“In wildness is the preservation of the world.” Quoted from an essay by Thoreau lamenting the way in which modern urban life has made natural resources into commodities and isolated people from the natural processes on which their lives depended. Move forward to 2006, “open space” or “green space” has nearly replaced ‘wilderness’ in our vocabulary with the rise in the development of the rural landscape. The US population is now over 300 million and more and more people are sprawling out from the urban areas into the country. This push outward is having a measurable effect on our open spaces. Farmland near cities has seen its value inflated by demand for conversion to non-farm uses. People are often willing to pay more than agricultural value in order to live in primarily rural areas. For example, in Iowa there are now more non-farmers living in rural areas than there are farmers. ... Read More »
http://privatelandownernetwork.org/pdfs/StateoftheLand.pdf


Most Mississippi alluvial forest restoration plantings have not performed well. The Center for Bottomlands Hardwoods Research has the answers.

Although about 370,000 acres of farmland in the Lower Mississippi Alluvial Valley (LMAV) have been planted in bottomland hardwoods over the last decade, more than 90 percent of the planted sites have not performed well, failing to meet the criterion of 100 woody stems per acre. Attributing these failures to lack of information on how to analyze site conditions and overcome difficult conditions, SRS researchers provided the following guidelines based on research at the SRS Center for Bottomland Hardwoods Research in Stoneville, MS.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=38

In 2005-06, a long-range strategic visioning process was begun to take the state of California beyond the 1994-2024 time frame of the Bay-Delta Accord decision.  This long-range process resulted in the “Delta Vision Strategic Plan” of 2008. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=429


California’s water wars are legendary, the stuff of books and the Hollywood drama, Chinatown, and they’ve been fought largely in agricultural ditches and the courts up until the creation of CALFED in 1994. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=428


By: Lower Mississippi Valley Joint Venture
Traditional forest management has focused on production of forest products (i.e., lumber or pulp) through silviculture that promotes optimal growth and vigorous health of economically desirable tree species. Often these traditional silvicultural methods are not optimal for forest-dependent wildlife. Indeed, quality habitat for priority wildlife species likely requires some sacrifice in timber production and the retention of less healthy trees. Even so, commercially viable, wildlife-oriented silviculture (i.e., wildlife forestry) employing variable retention harvests can be used in conjunction with forest restoration, regeneration, and natural processes to achieve desired forest conditions within bottomland hardwood forests. ... Read More »
http://privatelandownernetwork.org/pdfs/DFCReport.pdf


By: Robert R. Williams
Most Americans think of New Jersey as the overcrowded land of turnpikes and oil refineries. The truth is much more diverse. New Jersey has a wide landscape, with a variety of forest ecosystems, from the hardwood forests in the mountains of northern New Jersey to the coastal-plain, pine forest ecosystems of the southern area of the state. ... Read More »
http://privatelandownernetwork.org/pdfs/treeFarmArticle.pdf


By: Society for Range Management
Coordinated Resource Management (CRM) is a stakeholder consensus decision-making process. In this process, the stakeholders make decisions by consensus. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=36


You can easily conduct a home energy audit yourself. With a simple but diligent walk-through, you can spot many problems in any type of house. When auditing your home, keep a checklist of areas you have inspected and problems you found. This list will help you prioritize your energy efficiency upgrades.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=89


By: Resources First Foundation - RFF
The landscape is changing and forestland continues to be broken into smaller parcels and converted into housing developments at an astonishing rate. If forest landowners want to ensure that their forest stewardship efforts extend beyond their tenure and are available for future generations to use and cherish, they must act responsibly and take charge of the direction and long-term future of their land. The question is how to assure that their property is managed responsibly? There are a variety of estate planning tools available to accomplish this task. A Working Forest Conservation Easement (WFCE) may be the answer. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=123


By: David Braun
Conservation easements are extraordinary tax and estate planning tools for clients with recreational or agricultural land they wish to keep undeveloped over many years or generations. Easements result in major income and estate tax savings and sometimes property tax savings, thereby greatly increasing the affordability of undeveloped land. These savings improve flexibility and allow clients to respond to competing planning priorities. The financial implications of easements are complex, and clients committed to long-term ownership of recreational or agricultural land need help assessing this strategy.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=124


Internal Revenue Code, Section 170(h)
The IRS is involved and interested in land conservation. The agency provides incentives, namely tax deductions, and enforces compliance with the tax code for tax deductions identified as conservation contributions. A conservation contribution is defined by the Internal Revenue Code § 170(h). ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=131


By: Strachan Donnelley
What can the Center for Humans and Nature, beyond being the mouse that roars collaboratively with others, do to stop outmoded worldviews, the global market tide, and our head long rush into the mountainside? 

We are faced with a long term practical and cultural problem. For example, humanity will be dealing with climate change into the indefinite, unforeseeable future. Yet, among others, the moral and spiritual patron saint of conservation, Aldo Leopold and his Land Ethic, have yet to be heard, especially in urban centers where economic and political power and decision makers are concentrated.  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=137


A conservation easement is a deed restriction landowners voluntarily place on their property to protect resources such as productive agricultural land, ground and surface water, wildlife habitat, historic sites or scenic views. They are used by landowners (“grantors”) to authorize a qualified conservation organization or public agency (“grantee”) to monitor and enforce the restrictions set forth in the agreement.  Thank you to the American Farmland Trust Farmland Information Center for this information. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=161


By: Nancy McLaughlin
A Constructive Reformist's Perspective on Voluntary Conservation Easements by Nancy A. McLaughlin
In an article written especially for the Ecosystem Marketplace, Nancy A. McLaughlin, an expert on the legal issues surrounding easements, argues that conservation easements, with some reforms, can be a relatively efficient and effective means of pursuing conservation goals in the United States. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=162


By: Brenda Lind
FOR DECADES, CONSERVATION easements have protected open space values such as wildlife habitat, ecologi- cal diversity, recreational access and aesthetics. Working forest landscapes present an opportunity to protect not only these open space values, but also the economic and community benefits that arise from a forest’s production of goods and services. ... Read More »
http://privatelandownernetwork.org/pdfs/WorkingForestCEs.pdf


By: Jeremiah P. Cosgrove and Renee J. Bouplon
Based on the belief that a working, commercially-viable, agricultural landscape is the desired long-term land use, and that the soil resource is the foundation for agricultural protection, conservation organizations are realizing that agricultural easements, compared to scenic open space or historic easements, are very different.  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=165


By: Karin Marchetti Ponte
How to can a land trust official identify and comply with legal restraints to amendment? How can necessary flexibility be built into the easement document? This paper reflects the earnest desire of an ardent conservationist to take full advantage of opportunities for flexibility that can be found within the law, recognizing that the needs of land ownership and the land itself, are by their nature subject to continual change. Any effective land conservation and stewardship program must respond to this change with integrity, love of the land, and genuine respect for the ultimate steward, the landowner. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=166


By: Karin Marchetti Ponte
How to can a land trust official identify and comply with legal restraints to amendment?  How can necessary flexibility be built into the easement document?  This paper reflects the earnest desire of an ardent conservationist to take full advantage of opportunities for flexibility that can be found within the law, recognizing that the needs of land ownership and the land itself, are by their nature subject to continual change.  Any effective land conservation and stewardship program must respond to this change with integrity, love of the land, and genuine respect for the ultimate steward, the landowner. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=169


By: Jessica Jay
This article provides a summary of past and present revisions to the state income tax credit. It examines the details of benefits and consequences of the tax credit, both intended and unintended. The article interprets the tax credit as a strong incentive and motivating factor for taxpayers considering donating conservation easements. Finally, it discusses several unintended consequences of the Colorado conservation income tax credit. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=170


By: Jessica Jay
An outline of the legal and tax aspects of conservation easements and the land they encumber.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=171


By: Jessica Jay

Drafting the conservation easement influences everything about the protected property after the easement’s grant: it guides the landowner’s use of the protected property, it guides Land Trust’s monitoring and stewardship of the property, and it guides Land Trusts enforcement of the conservation easement against the original landowner and all future landowners, forever. Land Trust’ s policies will complement drafting, stewardship, and enforcement of the conservation easements it holds, but details and requirements specific to that property achieved through the easement s drafting are contained in the final, recorded deed of conservation easement. The challenge of drafting conservation easements lies in creating documents that endure and are enforceable for perpetuity, and this requires creating both flexibility and fortitude in the document.

Read the full article here (190 KB PDF ) Read the full article here (190 KB PDF )

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=171


By: Nancy McLaughlin

The conservation easement is arguably the single most popular private land protection tool in this country today, and its use has increased dramatically (indeed, almost exponentially) over the past two and a half decades. With this increased popularity, however, have come increased reports of abuse and serious questions regarding the efficacy of conservation easements as a land protection tool. To set the stage for John D. Echeverria and Edward Thompson, Jr. to debate the relative merits of voluntary conservation easement acquisitions and “command and control” regulatory efforts, Part II of this article briefly describes conservation easements and how they operate to protect the conservation values of land; Part III describes the dramatic growth in the use of conservation easements over the past two and a half decades; and Part IV highlights some of the more troubling issues that have arisen as a result of the growth in the use of easements, as well as proposals for reform. Part V concludes on an optimistic note, asserting that if reforms can be successfully implemented, conservation easements can emerge from their troubled adolescence to take their appropriate adult role in the panoply of land conservation techniques, and may help lead us to a new paradigm of private property ownership.

... Read More »
http://privatelandownernetwork.org/pdfs/Conservation Easements A Troubled Adolescence.pdf


By: Nancy McLaughlin

Perpetual conservation easements are intended to protect the particular land they encumber for the conservation purposes specified in the deed of conveyance “in perpetuity”—or at least until circumstances have changed so profoundly that continued protection of the land for those purposes is no longer feasible. To protect the public interest and investment in perpetual conservation easements, and, at the same time, permit adjustments to be made to respond to changing conditions, such easements should be treated like any other form of charitable asset acquired by a government or charitable entity for a particular charitable purpose—i.e., as subject to equitable charitable trust principles. This issue to date. This Article cautions that perpetual land protection is not appropriate in all circumstances and recommends a more considered use of perpetual conservation easements as a land protection tool. This Article also explores the possible use of a number of nonperpetual conservation easements to accomplish land protection goals. Article outlines the considerable support for applying charitable trust principles to perpetual conservation easements, including uniform laws, the Restatement of Property, federal tax law, and case activity on this issue to date. This Article cautions that perpetual land protection is not appropriate in all circumstances and recommends a more considered use of perpetual conservation easements as a land protection tool. This Article also explores the possible use of a number of nonperpetual conservation easements to accomplish land protection goals.

... Read More »
http://privatelandownernetwork.org/pdfs/Conservation Easements Perpetuity and Beyond.pdf


By: Nancy McLaughlin

According to the census data collected by the Land Trust Alliance (LTA), over the past two decades there has been a dramatic increase in the number of local, state, and regional land trusts operating
in the United States,1 and in the number of acres encumbered by conservation easements2 held by such land trusts.3 In 1980, only 431 local, state, and regional land trusts were operating in the United States, and they held conservation easements encumbering only 128,001 acres.4 As of 2003, the number of local, state, and regional land trusts operating in the United States had jumped to 1,526, and those land trusts held conservation easements encumbering more than 5 million acres.

The dramatic growth in the number of land trusts and the use of conservation easements can be attributed to a variety of factors,including increasing development pressures;6 a growing isillusionment with the government’s ability to adequately protect land from development through regulatory measures;7 the enactment in 49 states and the District of Columbia of legislation that removes common law impediments to the long-term validity of conservation easements (the “easement enabling statutes”);8 and a variety of generous federal and state tax incentives offered to landowners who donate conservation easements.9 In addition, conservation easement sale and donation transactions are popular with landowners because they are voluntary and the terms of an easement can be tailored to the specific characteristics of the encumbered land and the specific conservation purposes of the easement.

... Read More »
http://privatelandownernetwork.org/pdfs/CONSERVATION EASEMENTS WHY AND HOW.pdf


By: Resources First Foundation - RFF

Special ruleregarding contributions of capital gain real property for conservation purposesSpecial ruleregarding contributions of capital gain real property for conservation purposes.

Under a temporary provision that is effective forcontributions made in taxable years beginning after December 31, 2005,3 the30-percent contribution base limitation on contributions of capital gainproperty by individuals does not apply to qualified conservation contributions(as defined under present law). Under a temporary provision that is effective forcontributions made in taxable years beginning after December 31, 2005,3 the30-percent contribution base limitation on contributions of capital gainproperty by individuals does not apply to qualified conservation contributions(as defined under present law).

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=179


By: Stephen J. Small, Esq.

It is important to emphasize that not every easement restricting the future development of property will meet the tax law requirements. The tax law requires that the gift be "for conservation purposes." As a rule, the following generalization works: the more significant the land is, the more it adds to the public good, the more likely it is that you will qualify for the deduction. If you are protecting a large tract of primarily undeveloped property or ranchland or farmland, or a smaller parcel of land with scenic or open space qualities, if you are protecting habitat for an important or threatened animal or plant species, if you are preserving a scenic view on a long stretch of roadside that is threatened with subdivision, if you are contributing to a greenbelt around a city or preserving a watershed by a scenic brook or river or lake, your donation is more likely to qualify for a deduction.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=180


By: Nancy McLaughlin

This article explains that a charitable gift of a perpetual conservation easement should be treated like any other gift of property made for a specific charitable purpose—i.e., the holder of the easement should not be permitted to terminate the easement without court approval in a cy pres proceeding, where appropriate consideration would be accorded to both
the intent of the donor and the public interest in the continued enforcement of the easement.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=182


By: Jessica Jay and Melissa K. Thompson
This article surveys conservation easement enforcement and defense decisions to date, and examines those decisions under the rubric of several general themes. The article focuses on themes influencing or driving the opinions of courts in conservation easement enforcement and defense actions across jurisdictional lines. These themes include issues of standing, ambiguity and the role of intent in judicial decision-making on issues of conservation easement enforcement and defense, judicial attitudes towards restrictive servitudes, the role of common law rules of real property and contract construction and interpretation, and cost-benefit analyses. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=183


By: James A. Houle, Esq.
Many of us have used the current low interest rates to save money by refinancing our homes and businesses. But attractive rates can also offer even better opportunities to save on gift and estate taxes, which now apply to transfers in excess of $1 million this year, and carry rates as high as 45 percent. At those levels, it makes sense to take advantage of the current low interest rates to maximize the amount you pass to the next generation either free of taxes or at a very reduced tax cost. Below are some of the best strategies to keep in mind.   ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=186


By: Jeremiah P. Cosgrove and Judy Anderson

Based on the belief that a working, commercially-viable, agricultural landscape is the desired long-term land use, and that the soil resource is the foundation for agricultural protection, conservation organizations are realizing that agricultural easements, compared to scenic open space or historic easements, are very different.

In general, agricultural easements recognize the farmer’s need to be able to respond to a changing agriculture and are written with the knowledge that farmers, perhaps more than any other group of landowners, must make countless decisions on a daily basis about how they work the land, and respond to new market conditions. Timing and flexibility can be critical when deciding if they need to construct a new fence, plant a particular crop, apply nutrients and chemicals, construct or renovate a building, or subdivide or acquire a parcel of land. 

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=188


By: Stephen J. Small, Esq.
In this comprehensive article, Boston attorney Stephen J. Small notes that a small number of "bad" conservation easement deals threaten to poison the well for otherwise successful, appropriate, and important private land conservation transactions if IRS enforcement is not targeted at the promoters, appraisers, and others engaged in the bad deals. Small also discusses the main tax and planning hurdles that make it difficult for a real estate developer to get a meaningful income tax deduction for the donation of a conservation easement, including the tricky question of whether a conservation easement is characterized as a capital asset or inventory. Finally, Small makes suggestions for better enforcement in this area, including presenting a list of questions the IRS might ask on a revised Form 8283, "Noncash Charitable Contributions," or other reporting form.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=193


By: Nancy McLaughlin

The use of tax incentives to encourage private landowners to donate conservation easements has become increasingly popular as policy makers search for ways to combat the growing problem of urban sprawl. The tax incentives have worked remarkably well to encourage private landowners who have both the will and the means to shoulder a significant percentage of the economic cost of protecting their land through the donation of conservation easements. However, the success of the tax incentive program should not blind its proponents to its inevitable inefficiencies and limitations. Continually increasing the tax incentives in an effort to make them attractive to a broader class of landowners – including, in particular, so-called “land rich, cash, poor” landowners – could have unintended consequences. Thus far, the land trust community has been able to recognize and respond to the challenges presented by the acquisition and long-term stewardship of conservation easements. However, the capacity of land trusts (and the often less well-equipped government agencies) to respond to such challenges is not unlimited. Some easement holders could be overwhelmed if Congress and the states adopt policies that result in a sudden surge in easement donations. Moreover, exploitation and abuse of the tax incentives by profit motivated “donors” could imperil the very existence of the tax incentive program and call into question both the credibility of the land trust community and the use of conservation easements as a private land protection tool. This article undertakes a much-needed critical analysis of the tax incentives designed to encourage conservation easement donations and proposals to increase those incentives. The article ultimately concludes that a responsible approach to increasing the tax incentives is called for: Congress should increase the incentives only if some assurance can be had that the increase will be efficient, that land trusts and government agencies have the expertise and resources to appropriately screen and steward the anticipated additional easements, and that the increase will not encourage exploitation and abuse.

... Read More »
http://privatelandownernetwork.org/pdfs/Increasing the Tax Incentives for Conservation Easement Donations.pdf

This notice provides transitional guidance relating to the new definitions of “qualified appraisal” and “qualified appraiser” in § 170(f)(11) of the Internal Revenue Code, and new § 6695A of the Code regarding substantial or gross valuation misstatements, as added by § 1219 of the Pension Protection Act of 2006, Pub. L. No. 109-280, 120 Stat. 780 (2006) (the “PPA”).

The Service and the Treasury Department expect to issue regulations under § 170(f)(11). Until those regulations are effective, taxpayers may rely on this notice to comply with the new provisions added by § 1219 of the PPA.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=198


By: Amy S. Wei and Patricia M. Zweibel
This notice provides guidance relating to the percentage limitations imposed by § 170(b)(1)(E) of the Internal Revenue Code (Code) on "qualified conservation contributions" made by individuals. Section 170(b)(1)(E) was added to the Code by section 1206(a)(1) of the Pension Protection Act of 2006, Pub. L. No. 109- 280, 120 Stat. 780 (2006) (PPA), and is effective for contributions made in taxable years beginning after December 31, 2005, and before January 1, 2008.
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=199


By: Nancy McLaughlin

The use of conservation easements as a land-protection tool has grown considerably over the past several decades, and with that growth has come criticism from a variety of sources.1 In an article published in this journal, “Solving the Contentious Issues of Private Conservation Easements: Promoting Flexibility for the Future and Engaging the Public Land Use Process” (hereinafter “Promoting Flexibility”), Professor Gerald Korngold offers his most recent critique of conservation easements, as well as a variety of suggestions for reform.2 While the use of conservation easements has not been free of inefficiencies and abuses, and appropriate reforms could make easements a more effective tool, some of the reforms suggested in “Promoting Flexibility” could have a significant adverse impact on what has heretofore been a largely successful voluntary land-protection program and a uniquely American form of conservation philanthropy.

Many who have questioned the use of conservation easements as a land protection tool view such easements primarily through the prism of real property law and as “private” arrangements. This perspective is perhaps understandable given that conservation easements are partial interests in real property and the land protected by conservation easements continues to be owned by private persons. But conservation easements are not simply interests in real property, nor are they accurately described as private. Rather, they are public or charitable assets and their status as such has important legal and policy implications that are often misunderstood or overlooked by critics and would-be reformers.

Part II of this article discusses five misconceptions that tend to pervade the criticism of conservation easements and result in proposals for reform that would be contrary to the public interest. Part III discusses three of the primary reforms suggested in “Promoting Flexibility” and why those reforms are both unnecessary and inadvisable.3 Part IV briefly concludes.

... Read More »
http://privatelandownernetwork.org/pdfs/korngoldresponse.pdf


By: Stephen J. Small, Esq.
For purposes of the tax rules, the "value" of a property is equal to what it would sell for if it were put to the most valuable economic use that is possible under the circumstances.  In many cases (though not all), with land that is generally undeveloped or only partially developed, the "value" for estate tax purposes is equal to the highest amount someone would pay for it if it were sold for development.   ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=201


By: Jessica Jay
As the dawn of the next century approaches, the private land conservation movement in this country must prepare to face a daunting opponent—landowners and their challenges to the restrictions placed on their land. These challenges are apt to take the form of legal scrutiny of one of the most popular land preservation devices currently in use, the conservation easement, and of the custodians of the conservation easement, the nonprofit land trust organizations ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=202


By: Elizabeth Wroblicka
Conservation easements (“CE”) present a unique challenge to those who seek to uphold them in court.   Given the nature of perpetuity, it is inevitable that the inPiduals involved in preparing and negotiating a CE will be deceased when it comes time to enforce its provisions at a trial many years from now.  The CE deed may not contain terms that adequately define or describe the original intent of the parties or the condition of the land.  The land trust and public agency (collectively “holder”) seeking to defend or enforce a CE in court will need to introduce evidence in the form of supporting documents such as photographs, maps, monitoring reports and correspondence to establish the critical elements of its case.  ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=203


By: Nancy McLaughlin
Over the past quarter century there has been an explosive growth in the use of conservation easements as a land protection tool. A conservation easement is a deed transferred by the owner of the land encumbered by the easement to the holder of the easement (generally a government agency or a charitable conservation organization referred to as a “land trust”) that restricts the development and use of the land to achieve certain conservation goals, such as the preservation of open space, wildlife habitat, agricultural land, or an historic site. The vast majority of conservation easements are granted “in perpetuity” because government agencies and land trusts generally acquire only perpetual easements, and landowners donating easements are eligible for the various federal and state tax incentives only if the easements are perpetual.
... Read More »
http://privatelandownernetwork.org/pdfs/Amending Perpetual Conservation Easements - Final.pdf


By: Nancy McLaughlin and W. William Weeks
Charitable gifts made to government entities and charitable organizations can be either restricted or unrestricted. An unrestricted charitable gift is a contribution of money or property that the donor makes without attaching any conditions on its use by the recipient entity or organization. An entity or organization in receipt of an unrestricted charitable gift is free to use that gift as it sees fit in accomplishing its general public or charitable mission.  ... Read More »
http://privatelandownernetwork.org/pdfs/mclaughlinweeks.pdf


In a March 28 speech in Washington to the Spring Public Lands Conference, IRS Tax Exempt/Government Entities Commissioner Steven T. Miller discussed some of the abuses his agency has seen involving donations of conservation easements. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=217


A new report by Defenders of Wildlife Gives an in-depth summary of 2008 Farm Bill Conservation Provisions and programs. If you care about private land conservation, you can’t afford not to know the federal Farm Bill, the single greatest source of private land conservation funding in the United States. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=218


By: Rocky Mackintosh
For those of you who don’t know, TDR stands for Transferable Development Rights. Simply put, these are typically programs that are designed by local government to allow for the free market transfer of subdivision or development rights from a rural (agricultural and/or conservation) zone to a designated development zone within a jurisdiction.  These rights are purchased by a land developer at market value from a landowner in a rural area where there are often more development rights than are allowed to be used by zoning in that area.  Referred to as a “Sending” zone, the rights are then legally separated from the farm or rural property in exchange for a land preservation easement.  The rights can be held for investment or transferred into a “Receiving” zone, which is a designated growth area for real estate development.  In these Receiving zones additional density is allowed to be added when the rights are acquired from the rural Sending zones.

Equally as important it can be a very effective tool for preserving farmland, conservation areas and even historic places. 
While not for every community, there are many that are ripe for such programs.  So, what are the common features and attributes of the most successful programs around the nation? ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=224


By: Elliott Teel
In a case that shows that the finer points of adverse possession law in Maine are still open to interpretation, the Maine Supreme Court issued a ruling on July 17, 2008 overturning a lower court who had found for the party claiming adverse possession. The lower court had ruled in favor of the party who had asserted that they had obtained title to a piece of property through adverse possession based its seasonal use of the land in question. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=226


By: Wendy C. Gerzog
In Boltar, a case in which the Tax Court addressed the valuation of a conservation easement, the  court ruled on the admissibility of expert testimony.  Read the story of how the courts evaluated the situation. ... Read More »
http://privatelandownernetwork.org/pdfs/SSRN-id1933720.pdf


By: Michael Bean, Robert Bonnie, Tim Male, Tim Searchinger
Given the right incentives, private landowners can play a pivotal role in achieving many of the nation's conservation goals. Recovering rare species, restoring degraded habitats, and improving the quality of water in our rivers and streams are just a few of the goals that are clearly within our reach if we enlist the nation's private landowners as partners in the task. Those are the core beliefs that prompted the creation of a new Center for Conservation Incentives at Environmental Defense. Those are also the beliefs that prompted the Doris Duke Charitable Foundation to catalyze the creation of that Center with a generous five-year grant. ... Read More »
http://privatelandownernetwork.org/pdfs/EDF Conservation Incentives Report.pdf


By: Nancy McLaughlin
For the past decade, traditional environmental lawyers—advocates for the public interest, governments, and regulated parties—have watched, with mixed feelings, the dramatic rise of a distinct form of land conservation. Private, nonprofit land trusts1 appear to be everywhere, purchasing scenic sections of the California coast,2 expanding nature preserves in Wisconsin,3 and encouraging organic farming in Rhode Island.4 Type “land trust” into your favorite web browser and you will be presented with an almost endless list of organizations, large and small, who are working to preserve a broad array of public and private lands—from wetlands and wildlife habitat, to farm and ranch lands, to historic sites. ... Read More »
http://privatelandownernetwork.org/pdfs/Private Land Conservation Transactions.pdf


By: Nancy McLaughlin
Since 1980, a landowner who donates a qualifying conservation easement to a government agency or charitable conservation organization has been eligible for a charitable income tax deduction  generally equal to the value of the easement under Code § 170(h). Aconservation easement is a legally binding agreement between the owner of the land encumbered by the easement and the holder of the easement that restricts the development and use of the land to achieve certain conservation
goals, such as the preservation of open space, wildlife habitat, or agricultural land. Alandowner who donates a qualifying conservation easement also removes the value of the easement from his or her estate free of transfer tax under Code § 2522(d) and, since 1997, may potentially exclude up to an additional 40% of the value of land encumbered by the easement from the estate for estate tax purposes under Code § 2031(c). ... Read More »
http://privatelandownernetwork.org/pdfs/Questionable Conservation Easement Donations.pdf


By: Nancy McLaughlin
As the use of perpetual conservation easements as a land protection tool has grown, so have concerns regarding whether, when, and how such easements may be modified or terminated to respond to changed conditions. This Article argues that the charitable trust doctrine of cy pres should apply to donated conservation easements and, if interpreted as suggested, can provide a principled means of modifying or extinguishing easements that have ceased to provide public benefits sufficient to justify their continued enforcement (or have even arguably become detrimental to the public). The Article argues that a landowner should be viewed as striking the following “cy pres bargain” with the public upon the donation of an easement—the landowner should be permitted to exercise dead hand control over the use of the property encumbered by the easement, but only so long as the easement continues to provide benefits to the public sufficient to justify its enforcement. If, due to changed conditions, the continued protection of the encumbered land for the conservation purposes specified in the easement deed becomes “impossible or impracticable,” a court should apply the doctrine of cy pres to restore the appropriate balance between the landowner’s desire to exercise dead hand control, and society’s interest in ensuring that charitable assets continue to provide benefits to the public. In cases where the donor evidenced a particularly strong personal attachment to the encumbered land and the continued protection of that land for a different conservation purpose is feasible, a court could apply the doctrine of cy pres to modify the easement to change its conservation purpose while continuing to protect the underlying land. Alternatively, in cases where the donor did not evidence a particularly strong personal attachment to the encumbered land, or where the continued protection of that land for a different conservation purpose is not feasible, a court could apply the doctrine of cy pres to extinguish the easement, authorize the sale of the unencumbered land, and direct that the proceeds attributable to the easement be used to accomplish the donor’s specified conservation purposes in another location. ... Read More »
http://privatelandownernetwork.org/pdfs/RETHINKING THE PERPETUAL NATURE OF CONSERVATION EASEMENTS.pdf


By: Stefan Nagel
In this article by Stefan Nagel, the federal and state income tax benefits of donating a preservation easement are discussed. ... Read More »
http://privatelandownernetwork.org/pdfs/Preservation and Conservation Easements part2.pdf


By: Stefan Nagel
Stefan Nagel discusses the facts about preservation easements and conservation easements in this part 1 of the guide. ... Read More »
http://privatelandownernetwork.org/pdfs/Preservation and Conservation Easements.pdf


By: Stefan Nagel
This article explores the application of conservation easements in a suburban context of the "clearly delineated governmental policy' test under Section 170(h)(4)(A)(iii)(II) of the code in meeting the "conservation purposes" test of code Section 170(h)(1)(C). ... Read More »
http://privatelandownernetwork.org/pdfs/Saving Open Space.pdf


By: Nancy McLaughlin
Over the past several decades, landowners have donated perpetual conservation easements encumbering
millions of acres to government entities and to charitable conservation organizations known as
land trusts. Landowners make these charitable gifts for a number of reasons, including a desire to ensure the permanent protection of their land and to take advantage of tax benefits. ... Read More »
http://privatelandownernetwork.org/pdfs/amendingandterminatingperpetualces.pdf


By: Myra Lenburg and Norman E. Rogers
The story is a familiar one. A landowner is thinking about retirement but is concerned about his
finances. With no children interested in buying the operation, he searches for the highest bidder.
His farm is located in an area subject to increasing development pressure from nearby suburban
sprawl. He can easily sell the farm - which has been in the family for three generations - for a large sum to a developer, but he really doesn’t want to see it leave agriculture. Unfortunately, the value of the farm is well beyond the reach of most farmers. He laments the loss of productive farmland to development, and the large capital gains tax that would be due if he were simply to sell out. ... Read More »
http://privatelandownernetwork.org/pdfs/savethefarm.pdf


By: C. Timothy Lindstrom
There are five types of tax benefits available to easement donors and their families, all of which can be enjoyed in combination. Use this guide from Timothy Lindstrom, an attorney who specializes in the federal tax law governing conservation easements and land trusts. He serves as legal counsel to easement donors and land trusts throughout the United States. He is a frequent lecturer and writer on the topic, and has played an instrumental role in the creation of additional statutory incentives for voluntary land conservation ... Read More »
http://privatelandownernetwork.org/pdfs/taxguide2007.pdf


By: Neil E. Harl
Dr. Neil Harl of Iowa State University authored a comprehensive paper on the tax implications of participating in soil and water conservation programs. This paper was presented to the Iowa Department of Natural Resources Watershed Quality Planning Task Force. ... Read More »
http://privatelandownernetwork.org/pdfs/taximplications.pdf


By: Lawrence R. Kueter and William M. Silberstein

Term conservation easements are conservation easements that are not perpetual, but, rather, restrict the property for a term of years. After the term has expired, the conservation easement restrictions terminate and no longer affect the land.

Term conservation easements are controversial within the land trust community because they do not protect the land permanently. There is certainly room in the toolbox for term conservation easements when temporary protection of land is appropriate,or is better than no protection at all. However, many land trusts are wary of using their resources on anything less than perpetual protection.

... Read More »
http://privatelandownernetwork.org/pdfs/TermConservationEasements.pdf


By: Brenda Lind
The increasing use of conservation easements to protect private, productive forestland and recent large-scale projects protecting tens or hundreds of thousands of acres are bringing out challenges and questions related to working forest conservation easements (WFCEs). WFCEs are easements developed specifically for working forests that are actively managed for timber or other marketable goods. In April 2001, a Land Trust Alliance (LTA) advisory panel of conservation easement and forest management practitioners from across the country discussed emerging WFCE trends and ongoing challenges, including forming complex partnerships with multiple parties in easement transactions, documenting and monitoring a forest’s multiple resources and managing public access on some working forestlands. ... Read More »
http://privatelandownernetwork.org/pdfs/TrendsinWorkingForestCEs.pdf


By: Nancy McLaughlin and W. William Weeks
This is the fourth in an exchange of articles published by the Wyoming Law Review discussing the application of charitable trust principles to conservation easements conveyed as charitable gifts. In 2002, Johnson County, Wyoming, attempted to terminate a perpetual conservation easement that had been conveyed to the County as a tax-deductible charitable gift. The County’s actions were challenged, first in a suit brought by a resident of the County, Hicks v. Dowd, and then in a suit brought by the Wyoming Attorney General, Salzburg v. Dowd. This article supports the position taken by the Wyoming Attorney General – that conservation easements conveyed as charitable gifts for the purpose of protecting the conservation values of the land they encumber in perpetuity constitute restricted charitable gifts or charitable trusts and, thus, such easements cannot be terminated without court approval obtained in a cy pres or similar equitable proceeding. ... Read More »
http://privatelandownernetwork.org/pdfs/SSRN-id1542648.pdf


By: Nancy McLaughlin
This Article is the first of two companion articles that (i) analyze the requirements in Internal Revenue Code section 170(h) that a deductible conservation easement be “granted in perpetuity” and its conservation purpose be “protected in perpetuity” and (ii) compare those requirements to state law provisions addressing the transfer, modification, or termination of conservation easements. This first Article discusses the historical development of the federal charitable income tax deduction for conservation easement donations, the legislative history of section 170(h), and the Treasury Regulations interpreting that section. It explains that section 170(h) and the Treasury Regulations contain a complex web of requirements intended to ensure that a federal subsidy is provided only with respect to conservation easements that permanently protect unique or otherwise significant properties. Such requirements are also intended to ensure that, in the unlikely event changed conditions make continued use of the subject property for conservation or historic preservation purposes impossible or impractical and the easement is extinguished in a state court proceeding, the holder will receive proceeds and use those proceeds to replace the lost conservation or historic values on behalf of the public.
... Read More »
http://privatelandownernetwork.org/pdfs/SSRN-id1743204.pdf


By: Nancy McLaughlin

This article is the second of two companion articles. The first article analyzed the requirements in Internal Revenue Code section 170(h) that a deductible conservation easement be “granted in perpetuity” and its conservation purpose be “protected in perpetuity.” That Article concluded that section 170(h) and the Treasury Regulations should be interpreted as establishing uniform national perpetuity standards for tax-deductible conservation easement donations.

This second article surveys the over one hundred statutes extant in the fifty states and the District of Columbia that authorize the creation or acquisition of conservation easements. This article concludes that, to be eligible for the federal subsidy under section 170(h), conservation easement donors should be required to satisfy both federal tax law and any state enabling statute requirements relating to the transfer, release, modification, or termination of conservation easements. This article also recommends that the IRS issue guidance regarding satisfaction of the federal perpetuity requirements to promote more efficient and equitable review, interpretation, and enforcement of federally subsidized conservation easements.

... Read More »
http://privatelandownernetwork.org/pdfs/SSRN-id1888689.pdf


By: Nancy McLaughlin
Conservation easements raise a number of interesting legal issues, not the least of which is whether a conservation easement is automatically extinguished pursuant to the real property law doctrine of merger if its government or nonprofit holder acquires title to the encumbered land. This article explains that merger generally should not occur in such cases because the unity of ownership that is required for the doctrine to apply typically will not be present. This article also explains that extinguishing conservation easements that continue to provide significant benefits to the public through the doctrine of merger would be contrary to the conservation and historic preservation policies that underlie the state enabling statutes and the federal and state easement purchase and tax incentive programs. ... Read More »
http://privatelandownernetwork.org/pdfs/SSRN-id1923390.pdf


By: Jeff Pidot
In 2007, Maine addressed many of the issues raised in Reinventing Conservation Easements by enacting the first, and to date the only, comprehensive conservation easement reform law in the nation (Reform Law).5 This article explores how the Reform Law has worked and whether it makes sense as a model for other states in response to weaknesses in their enabling laws. After setting the contextual stage, this article tells the story of how the Reform Law came into being in Maine, which has more land under conservation easement than any other state. This article then examines significant provisions of the Reform Law and describes how, since its enactment, these provisions are perceived by a number of those most actively involved. The article concludes with suggestions for improvements in the law,including potential lessons for other states. ... Read More »
http://privatelandownernetwork.org/pdfs/pidot.pdf


By: Stephen J. Small, Esq.

Under the “old” law, for gifts prior to 2006, an individual could deduct the value of a conservation easement donation generally up to 30% of the donor’s “contribution base” for the year, with a five-year carryforward of any unused amount. “Contribution base” is a technical tax term that means adjusted gross income subject to certain adjustments (which adjustments are not relevant for most landowners). So for shorthand we simply say the deduction for individuals could be taken up to 30% of “adjusted gross income,” or “AGI.” What follows is an article Mr. Small wrote on the incentives. It appears that the provisions of the original incentives will be extended in their entirety.

This article is not legal advice. It is commentary on the new incentives. Landowners contemplating conservation donations must consult with their own advisors on these issues.

... Read More »
http://privatelandownernetwork.org/pdfs/newconservationtaxincentives.pdf


By: Daniel Halperin
The Internal Revenue Code allows a charitable income-tax deduction for a “qualified conservation contribution,”1 known, more colloquially, as a conservation easement. To be eligible for the deduction, the easement must be “granted in perpetuity” to a “qualified organization, exclusively for conservation purposes.”2 The 1980 change in the tax law to codify this deduction is generally recognized as being the factor largely responsible for the tremendous growth in the donation of conservation easements.3 The Land Trust Alliance, an umbrella organization for land trusts, (like other defenders of the tax deduction) has pointed to the millions of acres now protected by conservation easements as evidence of the tax-expenditure program’s enormous success.4 What is striking, however, is that supporters make no mention of the program’s cost. ... Read More »
http://privatelandownernetwork.org/pdfs/LCP74Dfall2011P29.pdf


By: Winrock International
... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=392


The US Fish and Wildlife Service (USFWS) strongly recommends, first and foremost, compliance with all cave1 closures, advisories, and regulations in all Federal, State, Tribal, and private lands. However, where such closures are not required or recommended, the following protocol outlines the best known procedures to help reduce the transmission of the fungus Geomyces destructans (G.d.), believed to be the cause of white-nose syndrome (WNS), to important bat habitat and populations. WNS is responsible for significant bat mortality in eastern North America, and threatens bat populations across the continent. ... Read More »
http://privatelandownernetwork.org/pdfs/WNSDecon_Cavers_v012511.pdf


By: K Gregg Elliott
The first U.S. market for forest carbon offset projects implemented anywhere in the U.S. will open in 2012.  The state of California, as in so many things, is poised for a for a first. Under its Global Warming Solutions Act, known as AB32, the Golden State will establish the nation’s first compliance carbon market to allow forest carbon offsets. California’s carbon market, which opened in January 2012, will be the second largest in the world, after the European Union, and the largest in North America. New England’s Regional Greenhouse Gas Initiative, or RGGI, is currently North America’s only compliance market for carbon emissions but does not allow forest carbon offsets.

... Read More »
http://privatelandownernetwork.org/pdfs/California's Forestry Offsets Program.pdf



The Sacramento-San Joaquin Delta is a regional, state and national treasure.
More than 515,000 people in dozens of communities call the Delta home. It is also home to more than 750 animal and plant species, some of them threatened or endangered. It supports California’s $27 billion agricultural industry with an average annual gross value of more than $500 million in corn, grain, hay, sugar beets, alfalfa, pasture, tomatoes, asparagus, safflower, a range of fruits and more. More than 1,800 agricultural users draw water from the Delta. ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=430


This brief but comprehensive list from UC Cooperative Extension Monterey County offers a checklist of irrigation practices, design and equipment, and scheduling to increase your water security. ... Read More »
http://privatelandownernetwork.org/pdfs/Cahn-drought_proofing_checklist.pdf


By: Kathryn Fernholz

This report from Dovetail Partners Inc. reviews the new FSC-US Forest Management Standard3 and the new indicators and guidance that apply to family forestlands. An evaluation of the scope and scale of change is included as well as a discussion of the impacts and benefits.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=433


There are approximately 1.7 million lactating dairy cows in California. Sale of milk from these cows is estimated at $4.6 billion of the state’s $30 billion agricultural market. Nearly 73% of the cows are located in the San Joaquin Valley, which consists of San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare and Kern counties. The Central Valley Regional Water Quality Control Board submitted a list of questions to Vice President Gomes requesting specific information related to dairy manure. The answers to these questions are the basis for this lengthy report. ... Read More »
http://privatelandownernetwork.org/pdfs/Managing Dairy Manure in CV2006.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Integrated Farm Drainage Managment Intro.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Salt Mgmt Using IFDM.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Irrigation Monitoring & reporting.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Impact of Geology & Soils-Irrigation.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Drainage Water Characteristics.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Plant Selection for Integrated Farm Drainage Management.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/Irrigation Drainage Water & Effects on Wildlife.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/IFDM Economics.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/IFDM Laws & Regulations.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/IFDM Appendix - crop salt tolderance.pdf


The Center for Irrigation Technology has published an exhaustive  Landowner's Manual for Managing Agricultural Irrigation Drainage Water, A guide for developing Integrated On-Farm Drainage Management Systems. ... Read More »
http://privatelandownernetwork.org/pdfs/IFDM glossary.pdf


The original PRINCIPLES FOR AGREEMENT ON BAY-DELTA STANDARDS BETWEEN THE STATE OF CALIFORNIA AND THE FEDERAL GOVERNMENT, which has guided the development of CALFED and its ecosystem restoration programs since it was signed in 1994 - up until the creation of the Delta Stewardship Council in 2010. ... Read More »
http://privatelandownernetwork.org/pdfs/SFBayDeltaAgreement.pdf


Mercury (Hg) contamination and, particularly, the bioaccumulation of toxic methylmercury (MeHg) in food webs is one of the primary water quality issues in the San Francisco Bay-Delta watershed of California. This is the result, in large part, of the Gold Rush era legacy of extensive Hg use in Sierra Nevada gold mining, as well as the now-abandoned Hg mines in the California coast ranges that supplied this Hg. It is clear that both regions remain major sources of ongoing Hg contamination, both locally and downstream (Slotton et al. 1995, 1997, 1998, 1999, Suchanek et al. 1997, Foe and Croyle 1998, Domagalski 1998, Roth et al. 2000). During the past 150 years, significant amounts of Hg, coming from mining operations on both sides of the state, have been deposited in Bay-Delta sediments. The extensive Sacramento- San Joaquin Delta levee system that originated in the 1860’s effectively isolated and converted ("reclaimed") wetlands for the production of agricultural crops and other uses and, in so doing, dramatically altered the natural functioning of these wetlands. Many levees were likely constructed at locations which already contained significant Hg deposits, and some of these historic Hg-laden diked wetlands have long been isolated from normal tidal inundation. ... Read More »
http://privatelandownernetwork.org/pdfs/SFBayDeltaAgreement.pdf


This comprehensive 70-page guide from the Northeast Area Association of State Foresters and the US Forest Service was developed by a committee of program managers, who preface their document by saying:

"We recognize that each State has achieved tremendous accomplishments in forest stewardship. Landscape stewardship is designed to build upon these efforts. This approach links current and emerging forest stewardship practices as well as other conservation approaches—initiatives that are community based, involve multiple owners, and take an “all lands” approach, among others developed by our State partners.

"We acknowledge that while there is no one right way to collaborate, using concepts in this guide will promote greater success in practicing stewardship at the landscape scale. With this in mind, you have the freedom to be creative and open to new approaches, and to encourage people working at a variety of scales to think and act in mutually supportive ways.

"We believe that private forest land management is entirely a service-based discipline. As program managers, service to the public must be a constant philosophy and practice. What landscape stewardship comes down to is expanding and strengthening our working relationships so that we can get more great things done together."

... Read More »
http://privatelandownernetwork.org/pdfs/landscape_stewardship_guide_11_screen.pdf


Pest-control services provided by insect-eating bats in the United States likely save the U.S. agricultural industry at least $3 billion a year, and yet insectivorous bats are among the most overlooked economically important, non-domesticated animals in North America, according to an analysis published in a  Science  magazine Policy Forum*. The U.S. Geological Survey collaborated in this research in partnership with Boston University, the University of Tennessee, and the University  of Pretoria, South Africa.  This article courtesy of Encyclopedia of Earth.   ... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=469


Arkansas Governor’s Commission on Global Warming

The GCGW was tasked with considering, evaluating, and compiling a multi-sector set of recommended policies and presenting them to the Governor.  Members are appointed by the Governor, the President Pro Tempore of the Arkansas State Senate, and the Speaker of the Arkansas House of Representatives. The GCGW comprises a diverse group of stakeholders who bring broad perspective and expertise to the topic of climate change in Arkansas. Members represent the following sectors: energy, agriculture, forestry, industry, business, non-governmental organizations, academia, and government. The GCGW is assisted by an Advisory Body made up of directors of ten Arkansas state agencies. ... Read More »
http://privatelandownernetwork.org/pdfs/ArkGovglobalwarming.pdf

Many rural communities are facing challenges, including rapid growth at metropolitan edges, declining rural populations, and loss of working lands.   This report  focuses on smart growth strategies that can help guide growth in rural areas while protecting natural and working lands and preserving the rural character of existing communities.  These strategies are based around three central goals: 1) support the rural landscape by creating an economic climate that enhances the viability of working lands and conserves natural lands; 2) help existing places to thrive by taking care of assets and investments such as downtowns, Main Streets, existing infrastructure, and places that the community values; and 3) create great new places by building vibrant, enduring neighborhoods and communities that people, especially young people, don’t want to leave. 

... Read More »
http://privatelandownernetwork.org/pdfs/10-180 Smart Growth Rural Com.pdf


Relatively little information exists on fish abundance and distribution in riparian wetlands of the Arkansas River, ranging from contiguous backwaters to intermittently connected and isolated floodplain wetlands. This study indicates the Arkansas River floodplain ecosystem, despite modification, continues to provide a mosaic of wetland types supporting a diversity of fishes. These data underscore the value of cypress wetlands since they harbor a unique assemblage of fishes, some of which are of conservation concern (e.g., swamp darter and taillight shiner), that enhance diversity within the Arkansas River ecosystem.

By
S. Reid Adams, Bradley S. Williams, Matt D. Schroeder, and Robert L. Clark University of Central Arkansas Department of Biology 180 Lewis Science Center Conway, Arkansas 72035 radams@uca.edu Phone 501) 450-5933

July 2007

... Read More »
http://privatelandownernetwork.org/pdfs/Ark Wetland fishes Final.pdf

Wetlands are transitional habitats between land and water, often making wetland char - acterization and mapping a complex process. Geographic information systems (GIS) make it possible to provide an overview of wetland analysis at the watershed level, which gives wetland specialists in state agencies up-to-date information. Identifying, quantifying, and subsequent analysis of watershed wetland resources allows wetland specialists to evaluate and prioritize existing wetlands to be considered for protection and/or restoration. In Arkansas, a methodology to analyze wetland data was co-devel - oped by the Multi-Agency Wetland Planning Team (MAWPT) and the Center for Advanced Spatial Technologies (CAST)

... Read More »
http://privatelandownernetwork.org/pdfs/RGIS.pdf


This 40-page document provides detailed information on the biology of wild pigs, how to recognize their presence, the type of damage they can cause to agriculture and natural areas and a wide range of management techniques, including hunting.  It applies to just about anywhere in the U.S. where wild pigs are found. ... Read More »
http://privatelandownernetwork.org/pdfs/managing-feral-pigs.pdf


Do you want to connect your audiences to conservation messages but don’t know where to start? Conservation plans, based on extensive biological research, will help prioritize your efforts. 

This resource sheet will help you:

• Link your education programs to priorities in bird conservation plans; 
• Find relevant bird conservation plans in your area of focus; 
• Extract key information to guide education program development; and 
• Involve scientists in the development of your education programs.

... Read More »
http://privatelandownernetwork.org/library/article.aspx?id=491


A Prescribed Fire Association is a group of landown- ers and other concerned citizens that form a partnership to conduct prescribed burns. Prescribed burning is the key land management tool used to restore and maintain native plant communities to their former diversity and productivity for livestock production and wildlife habitat. Native prairies, shrublands, and forests supply the majority of livestock forage and much of the wildlife habitat in the U.S. Without fire, many native plant communities become dysfunctional and unproductive. Research has clearly shown that there is no substitute for fire.  ... Read More »
http://privatelandownernetwork.org/pdfs/rx_fire_assoc.pdf