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Baseline Documentation Report and Monitoring
Templates: Recommendations for FLT
June 2010

Prepared by Tracy Lee and Kim Good




   Prepared for:
Baseline Documentation Report and Monitoring Templates:
Recommendations to FLT
June 2010
Prepared by Tracy Lee and Kim Good




Miistakis Institute
c/o EVDS – University of Calgary
2500 University Drive NW
Calgary, AB
T2N 1N4
Phone:   (403) 220-8968
Email:   institute@rockies.ca
Web:     www.rockies.ca
TABLE OF CONTENTS


Introduction ..................................................................................................................................................................... 1
Baseline Documentation Report (BDR) ...................................................................................................................... 1
   Who should prepare the BDR?................................................................................................................................ 2
   Components of a BDR ............................................................................................................................................... 2
Monitoring Reports ........................................................................................................................................................ 2
   Frequency of Monitoring .......................................................................................................................................... 2
   Who should prepare monitoring reports? ............................................................................................................. 3
   Components of a monitoring report........................................................................................................................ 3
   Development of a Volunteer Monitoring Program............................................................................................... 3
Recommendations.......................................................................................................................................................... 4

    Appendix 1: FLT Baseline Documentation Report template............................................................................... 5
    Appendix 2: FLT Monitoring Template ................................................................................................................. 11




FLT BDR and Monitoring Recommendations                                                                                                                                 i
INTRODUCTION
The purpose of this report is to recommend procedures and templates for FLT Baseline Documentation
Reports and Monitoring Reports. The Baseline Documentation Report and Monitoring Report are
important components of a land trust’s stewardship, enforcement and legal defense platform.

A Baseline Documentation Report (BDR) is a record of the current condition of the property as agreed to
by the land trust and landowner at the signing of the conservation easement (CE). It therefore represents
a legal document that must hold up in court. In addition, it is used as the basis for monitoring the property
and for developing management plans to help uphold the conservation value of the easement.
Developing standard operating procedures around the BDR is beneficial for land trust-landowner
relations, as well as reducing the risk of violations and enforcement on the conservation property.

Monitoring reports enable the land trust to document changes and/or threats to the conservation value
of the property overtime. Monitoring frequently is important for building and maintaining landowner
relations, detecting and addressing early violations and establishing a record of due diligence for the
land trust should the CE be challenged in court. Establishing procedures and templates for monitoring is
an important component of a land trust’s legal defense.

A number of manuals/modules dedicated to baseline documentation reporting and monitoring were
reviewed to develop a set of recommendations for FLT. Some of the documents included:

   1. Doscher, P., B. Lind, E. Sturgis and C. West. 2007. Determining Stewardship Costs and Raising and
      managing Dedicated Funds. The Land Trust Alliance.

   2. Heidenreich, B. Draft 2009. A Stewardship, Monitoring and Costing Guide for Natural Heritage
      Conservation Agreements. Ontario Heritage Trust and Ontario Land Trust Alliance.

   3. Michalsky, S. 2010. Baseline Documentation Report Training Module. Alberta Land Trust Alliance.

   4. Michalsky, S. 2010. Stewardship Monitoring Training Module. Alberta Land Trust Alliance.


         DOCUMENTATION
BASELINE DOCUMENTATION REPORT (BDR)
The baseline documentation report (BDR) provides a snap shot of the biophysical condition of a property
subject to a conservation easement and represents an agreement between the land trust and landowner.
It serves as a basis for monitoring compliance and to inform the enforcement process and/or defense of
the CE in court. The BDR states the purpose of the conservation easement and documents the
conservation value of the property, current land uses, biophysical conditions and potential threats at the
time of securement.




FLT BDR and Monitoring Recommendations                                                               1
Who should prepare the BDR?
A BDR is a legal document and it is therefore advisable that a qualified professional (or individual with
years of experience) prepare the BDR. It is advisable that FLT keep on file resumes of individuals involved
in preparation of BDR.

In addition, it is advisable to include the landowner in the BDR process to help inform components of the
BDR and to help establish a positive relationship with the landowner.

Components of a BDR
There are specific components that a land trust should include in a BDR. These are listed below;
   • Location and legal description of property
   • Clear description of the purpose of the CE or intent of the conservation easement from the
       landowner and land trusts perspective.
   • Existing anthropogenic features on the landscape
   • Land use activities
   • Hydrological features, vegetation communities, soils and wildlife occurring/using the properties
       as well as possible threats to these features.
   • Monitoring recommendations
   • Signature page

An annotated FLT BDR template is attached in Appendix 1.

MONITORING REPORTS
The purpose of the monitoring report is to determine compliance of clauses in the Conservation
Easement (CE) and to ensure that the intent and objectives of the CE are being upheld. The monitoring
report enables the land trust to track the condition of the property over time through comparison with the
baseline documentation report (BDR). It also provides an opportunity for FLT and the landowner to build
on their positive relationship and to review the CE during the monitoring exercise.

Frequency of Monitoring
The frequency of monitoring varies between land trusts, but ideally, each property will be visited
annually. If costs are a concern to the land trust, every second year may be acceptable as long as long
as there is contact with the land owner in between monitoring years. If monitoring is not handled on an
annual basis, undertaking a landowner risk assessment may help a land trust prioritize properties for
more frequent monitoring. FLT will develop guidelines as to how often they will monitor a property.

A land trust usually monitors during the growing season. However there may be cases where monitoring
should occur during different seasons depending on restrictions in the CE or threats the land trust is
concerned with.

FLT will develop guidelines on the timing and frequency of monitoring of properties.




FLT BDR and Monitoring Recommendations                                                             2
Who should prepare monitoring reports?
Ideally a monitoring report is carried out by a qualified professional capable of building a trusting
relationship with the landowner. However, small land trusts often depend on volunteer monitors.
Therefore, guidelines are required regarding:

   o   A volunteer based monitoring program (see below).
   o   Maintaining a list of volunteers with experience at monitoring.
   o   Pairing less experienced volunteers with more experienced volunteers.
   o   Implementing a policy and / or guidelines on the role of the volunteer to clearly define:
               • Expectations on communicating with landowners (e.g. do not offer management
                   advice instead bring questions back to the land trust).
               • Procedure in the case of a potential violation (e.g. who communicates with landowner
                   and how).
               • Reporting and follow-up procedures.

Components of a monitoring report
Specific components that a land trust should include in a monitoring report include:
   • Date of inspection
   • Review of BDR, management plans and past monitoring reports
   • Address each restriction listed in the CE and monitor for compliance
   • Recognize and detail violations
   • Communicate / build positive relationships with the landowner.
   • Document changes (natural or man-made) to the condition of the property that impact the CE

An annotated FLT Monitoring template is attached in Appendix 2.

Development of a Volunteer Monitoring Program
FLT is a small land trust that currently utilizes volunteers to complete baseline and monitoring reports. As
the number of conservation easement properties held by FLT increases, there may be a need to increase
the number of dedicated individuals available to monitor properties. FLT should consider developing a
volunteer based monitoring program, where the access to qualified dedicated professionals able to
assist in monitoring conservation easement properties in increased.

The components of the volunteer based monitoring program include:
    o Clearly define the goals of a volunteer monitoring program (e.g. education, community support,
       cost effective)
    o Engage volunteers (e.g. describe how volunteers will be informed of the program and engaged)
    o Coordinate volunteers
    o Volunteer insurance (e.g. how are they covered?)
    o Train volunteers (e.g. workshops, apprentice program, training manuals, workshops)
          • Expectations and responsibilities of volunteer
          • Safety concerns
          • Template review

FLT BDR and Monitoring Recommendations                                                                  3
Equipment
                     Protocols
          • Field visit instructions
          • Communications with landowner
          • Address violations (their role and responsibility)
          • Reporting and follow-up
    o Retain volunteers (e.g. incentive, reward, recognition program)
    o Evaluate program (e.g. frequency or review, methodology)
          o tie into the programs goals to measure success
          o define success
    o Pilot program – initiate a small scale program (e.g. start with small group of volunteers that have
      been targeted by the FLT board as good volunteer candidates) to enable FLT to adapt and
      strengthen the program based on results of pilot program.

RECOMMENDATIONS

   •   Review, edit and accept as a standard operating procedure the new FLT BDR template.
   •   Review, edit and accept as a standard operating procedure the new FLT monitoring template.
   •   Develop guidelines around:
          o the frequency and timing of monitoring;
          o qualifications of individuals undertaking FLT BDR or monitoring reports; and
          o response to violations.
   •   Ensure FLT has resume on file of BDR and monitoring volunteers.
   •   Develop an FLT volunteer monitoring program to help build up a pool of volunteers to assist in
       monitoring.




FLT BDR and Monitoring Recommendations                                                            4
Appendix 1: FLT Baseline Documentation Report template

                                               Foothills Land Trust
                                         CE Baseline Annotated Template

The baseline documentation report (BDR) provides a snap shot of the biophysical condition of a property subject to
a conservation easement and represents an agreement between the Land Trust and landowner. It serves as a
basis for monitoring compliance and to inform the enforcement process and/or defense of the CE in court. The
BDR states the purpose of the conservation easement and documents the conservation value of the property,
current land uses, biophysical conditions and potential threats at the time of securement.

1.0 BACKGROUND
The background section of the BDR provides general information on the property, landowner and individual
preparing the baseline, as well as a legal description of property and reference to the CE.

The majority of landowners are knowledgeable about their land and buildings. Maintaining strong land owner
relations is a priority stewardship goal for any land trust. Thus it is advisable to involve the landowner in the BDR.
This can be done by having the landowner participate in the field visit and/or through an interview process (See
suggested questions in Appendix 2).

    1.1. Property Name
                 •   Name of CE property (used to refer to easement by FLT)

    1.2. Property Contact
                 •   Owner name
                 •   Contact Person (if different from above)
                 •   Contact information including phone number, fax number, email and mailing address

    1.3. Baseline Prepared by
    The BDR is a component of legal defense. FLT should keep on file the resume of the volunteer or contractor
    who prepared the BDR. The BDR should include a brief statement of the qualifications of the
    volunteer/contractor who prepared the BDR such as relevant training, professional designation, and years of
    experience.
                 •   Name of individual completing baseline
                 •   Date(s) of field visit
                 •   Contact information including phone number, email and mailing address
                 •   Statement of qualifications/expertise

    1.4. Legal Description
    Refer to land titles for legal description, but also provide details for areas (zones) that are exempt from CE
    clauses and/or where permissions need to be granted from the land trust.

                 •   Legal Description (ATS) (LLD or LSD.
                 •   Area of CE (acres, hectares)
                 •   Area (acres, hectares, m3) of take-out parcels
                 •   Area descriptions (location using local landmarks, GPS waypoints (nad83).
FLT BDR and Monitoring Recommendations                                                                         5
•   Relevant title encumbrances (refer to land title)

        Appendix 1 Copy of the Land title(s) after CE is registered
        Appendix 2: Potential questions to ask landowner/land manager to inform baseline report

    1.5. Conservation Easement Reference Statement
    Refer back to the CE (may include the date CE was signed) and provide a brief history of donation of CE,
    indicate if CE is donation, split receipt, paid and/or an Ecological Gift under Environment Canada’s Ecological
    Gift Program.

                •   Provide a reference to the conservation easement agreement,
                •   Date it was signed,
                •   Description of donation/acquisition of property.

    1.6 Partnership Approach
                • Describe the link between the FLT mission statement and the land owner’s interest in placing
                    a CE on the property.
                • Attach the Letter of Intent from the landowner

2.0 PURPOSE OF CE
The purpose of the CE states the intent of the conservation easement and the common purpose of the CE from the
landowner and land trust perspectives. In this section, regional and local conservation values that the CE protects
are highlighted. There is debate around focusing the purpose on regional or local conservation values, because of
instances whereby documentation is considered either too vague or too specific in describing the purpose. Clarity
is important when describing the conservation value and a land trust needs to consider landscapes as dynamic
entities and that a CE is for perpetuity. For example, describing the purpose of a CE in protecting habitat for an
endangered species could be problematic in court if the species becomes extirpated from the region. In addition,
the language linking the CE and BDR must be consistent.

The reader of the BDR should understand the reason the landowners and land trust have entered into a CE. For
example, is there a common purpose or shared conservation values? Attaching a letter of intent from the
landowner and referring to the FLT mission statement, if appropriate, will help readers to understand the intent of
the CE.

                 Context
    2.1 Regional Context
        A regional context will be provided by highlighting the general conservation values (e.g. species at risk,
        ecological systems/landscapes of interest, Ecologically Significant Areas) of the property in relation to the
        MD of Foothills and lands adjacent and/or nearby the CE (e.g. other government or privately protected
        lands).

    2.2 Local Context
              Context
        Highlight specific natural features of the landscape, including any specific sensitive ecosystem types or
        features found on the property.

        Insert Map 1 – Surrounding context - include roads, rivers and streams, protected areas, other parcels of
        interest (as detailed in regional context)



FLT BDR and Monitoring Recommendations                                                                       6
3.0 Anthropogenic Features and Land Use Activities
A BDR documents the current condition of the land at the time of signing. To monitor for compliance, all
anthropogenic features occurring on the CE property will be documented. This section will be tied into the CE
restrictions and will include a list of features to be grandfathered into the CE. If a planned feature does not yet
exist on the property, it should be stated as such in the BDR. All features will be mapped and photographed to
provide clarity to the baseline and the purpose of the structures will be explained.

        Existing
    3.1 Existing Anthropogenic features (Grandfathered into CE)
                 •   Provide a written description (include purpose of feature), map (UTM (using GPS unit) and
                     photograph (include UTM (using GPS unit) of photo, direction of photo (using compass
                     directions) and photo description) all existing human made features on the landscape.
                 •   Some features to consider based on FLT restrictions;
                             o All building structures and associated infrastructure
                             o Fences (record height and number of wire strands)
                             o Roads and Trails
                             o Soil disturbance (cleared areas)
                             o Mining (sand, rock, gravel piles)
                             o Existing oil and gas infrastructure
                             o Garbage, waste or debris sites
                             o Water systems (irrigation, troughs, wells, dugouts)
                             o Wildlife traps
                             o Areas where chemicals ( pesticides, fertilizers and herbicides) have been applied
                             o May need to consider other features as well depending on specifics of the CE
                                  and the property

        Map 2 – Anthropogenic Features- location within CE of features described above

    3.2 Land Use Activity
    To enable the land trust to assess the level of risk on a property, the BDR will describe the historic and current
    land uses on the property and on neighboring parcels. For example, are there any areas on or near the
    property that may be zoned for conflicting activities that might put the conservation values of the property at
    risk? Does the landowner have existing management plans in place to guide land management (e.g. forestry,
    grazing)? All current management plans being used by the landowner will be documented. The BDR can
    inform and guide the development of any future management plans for the property.

                 •   Describe historical (if relevant) and current land use activities for the CE and specified areas if
                     applicable.
                 •   Current zoning.
                 •   Refer to existing management plans.
                 •   Highlight land use activities on surrounding parcels.

        Appendix 3 Existing Management Plans for Property
        Appendix 4: Photo table of locations, map and photos

4.0 Natural Features
All water features should be identified by type (river, stream, pond, lake, and wetland), mapped and photographed.
Note if the water features are ephemeral or year round, direction of flow, and activities up stream that may impact
health.
FLT BDR and Monitoring Recommendations                                                                         7
CE clauses that refer to the health or condition of water features may be difficult to measure. The land trust needs
to develop protocols for how it will determine if this clause is in compliance.

    4.1 Hydrological Features
                • Provide a written description, map (UTM (using GPS unit) and photograph (UTM (using GPS
                     unit), direction of photo (using compass) and photo description) all existing water features on
                     the CE.
                • Water features may include:
                               o Rivers, streams
                               o Water bodies (lakes, ponds, wetlands)
                               o Springs
    4.2 Water Quality
                • Note activities occurring on the CE that may impact water health?
                               o Wildlife / stock watering
                               o Trails / roads through water systems
                               o proximity to an agricultural field
                               o Recreational use
                               o Chemical usage
                               o Wildlife presence / absence

                •   Water sampling approaches
                           o Water samples will be taken where a stream enters and exits the property to
                              generate a baseline of water quality. Future monitoring of the effect of activities
                              will refer to the baseline.

        Map 4 – Water Features- location within CE of features described above

    4.2 Vegetation
    Vegetation communities should be documented on map, with photos and described in the BDR. In addition,
    threats to the native vegetation should be documented (e.g. invasive species).
                •   Provide a written description (include dominant species, rare and unusual flora, human –
                    made habitat), map (UTM (using GPS unit) and photograph (UTM (using GPS unit), direction of
                    photo (using compass) and photo description) all vegetation communities including natural
                    and human-made on the CE.
                •   Common types of vegetation communities include native grassland, wetland, riparian,
                    croplands, tame forage, aspen and spruce forest. (May be able to use remote sensing or
                    Alberta Vegetation Index or Alberta Plant Community Guides as a starting point).
                •   Document threats to native vegetation communities.
                •   Describe and list invasive species occurring on the CE (document larger patches on map,
                    using UTM (GPS Unit).

        Map 5 – Vegetation Communities - location within CE of features described above

    4.3 Surficial Bedrock Geology and Soils
                •   Identify surface and underlying geology
                •   Use AGRSID to determine soil series


FLT BDR and Monitoring Recommendations                                                                      8
Map 6 – Soil Series

     Wildlife
4.3 Wildlife
In this section of the BDR describe important wildlife habitat (e.g. ungulate winter range, grizzly bear movement
corridor), species of interest or any other ecological values. Include in this section rare, endangered species
(including rank) that may occur on the property. This section may reply heavily on landowner knowledge, local
expert knowledge (local fish and wildlife officers, biologists) or research reports.
                  • List specific habitat occurring on the property for terrestrial or aquatic species and/or
                      species groups of interest
                  • List any important migrating species that use the property as permanent or seasonal
                      habitat or for movement opportunities for specific groups and or species?
                  • Reference other research/reports that document the importance of this area for
                      species groups and/or species.
                  • List any rare or endangered species occurring on the property. Specify rank and if
                      recovery plan is in place.

Appendix 3: Photo table of locations, map and photos

5.0 Monitoring Recommendations
A BDR should include a series of recommendations about how to monitor the property and to help inform the
management plans developed by FLT.
               • List any recommendations for future monitoring (e.g. invasive species of concern,
                   addressing threats outlined in the BDR).
               • Time of year for monitoring to occur.
               • How often monitoring should occur
               • Frequency of using certain types of field methodologies if appropriate to CE clauses or
                   existing management plan (e.g. range health, riparian health)

                             Condition
6.0 Owner Acknowledgement of Condition
             • Include a section for signatures, where FLT and landowners agree to the BDR as
                accurately representing the current condition of the property.
             • Date of completion.

    Appendix 1: Land Title
    Appendix 2: Landowner Interview –suggested questions to inform BDR
          a. Length of time as owner of property
          b. Existing land uses of property (also historical if different) e.g. agriculture, ranching,
              recreation and forestry)
          c. Current management regime (Are there any management plans?).
          d. Are there areas/topics you feel you would like to know more about?
          e. Discuss anthropogenic features on the landscape and purpose of features.
          f. Discuss water features on the landscape – location of features
          g. Do you have invasive species on the property (list species if possible) and discuss
              location of patches. As well as history (eg. pathways of invasion)


FLT BDR and Monitoring Recommendations                                                                   9
h. Are you aware of any water quality assessments on this property? Are you interested in
               learning more about water health issues?
            i. Are there areas where chemical pesticides or fertilizers have been used on the property?
               If yes, please explain why?
            j. Please list species you have seen on the property and frequency of sightings?
            k. Are there things you are concerned about from a stewardship perspective that FLT might
               be able to assist you with?

    Appendix 3: Photo Location table, map and photos (with description)

Photo #      UTM East          UTM West            Date




        Map 7 – Photograph locations




Disclaimer
This Baseline Documentation Report Template was created for the Foothills Land Trust and may or may
not be appropriate for all land trust organizations. It is available for any land trust to use and to adapt for
its own purposes. Foothills Land Trust is not responsible for any results achieved or decisions made
through the use of the Baseline Documentation Report Template.

FLT BDR and Monitoring Recommendations                                                                  10
Appendix 2: FLT Monitoring Template

                                            Foothills Land Trust
                           Conservation Easement Monitoring Annotated Template

The purpose of the monitoring report is to determine compliance of clauses in the Conservation Easement (CE) and
to ensure that the intent and objectives of the CE are being upheld. The monitoring report enables the land trust to
track condition of the property over time through comparison with the baseline documentation report (BDR). It also
provides an opportunity for FLT and the landowner to build on their positive relationship and to review the CE
during the monitoring exercise.
The frequency of monitoring varies between land trusts, but ideally each property will be visited annually. If costs
are a concern to a land trust, every second year may be acceptable as long as the land trust has contact with the
land owner in between monitoring years. If monitoring is not handled on an annual basis, undertaking a
landowner risk assessment may help a land trust prioritize properties for more intensive monitoring.

1.0 INTRODUCTION
The introduction section of the monitoring report provides general information on the property, landowner and
individual preparing the monitoring report.

    1.6. Property Name
               • Name of CE property (refer to easement )
               • Date CE was signed

    1.7. Property Contact
               • Owner name
               • Contact Person (if different from above)
               • Contact info: phone number, email and mailing contact

    1.8. Monitoring Conducted by:
               • Name of individual completing baseline
               • Dates of site visits
               • Contact info: phone number, email and mailing contact
               • Sign declaration from the monitor that the information collected is confidential.

***I understand that the knowledge I gain and the information I collect is confidential and belongs to the Foothills
Land Trust and should only be discussed with members of the Foothills Land Trust Board.




FLT BDR and Monitoring Recommendations                                                                       11
2.0 Past Issues and Concerns
There is a certain amount of preparatory work involved before the site visit. The monitor will review the BDR,
management report/plans and past monitoring reports (including all associated photos and maps) to become
familiar with the property and past concerns or issues documented on previous site visits.

    2.1 List past identified concerns/ areas where attention is suggested
                • Review baseline report and past monitoring reports to identify issues/concerns
                • List the issues/concerns and comment on current situation (Has the issue being
                     addressed? How has it been addressed).
                • If there are no past concerns state in monitoring report.

          Visit
3.0 Site Visit
The site visit is an opportunity for the land trust to build on or maintain its relationship with the landowner, either
by inviting them to join the site visit and/or by undertaking a landowner interview. The monitor will review each
permission and restriction (table form in the CE; see below) and document the method used to assess the
permission/restriction and what has changed since the BDR was completed. For example, if the land owner is
permitted to post signage, the measure would be presence/absence; if the landowner has recently placed a sign,
indicate “yes” there are changes from the BDR; describe and take a photo to highlight the change. If a restriction
occurs that is in violation of the CE, a detailed description will be provided below the table.

All changes, natural and man-made will be documented even if they do not impact the intent of the CE.

    3.1 Landowner Relations
              • Was the landowner present during the site visit (Yes/No)
              • Interview the landowner (suggested questionnaire Appendix A)
              • Identify how long the current owner has owned/lived on the property?

    3.2 Monitoring Restrictions Table
                • Adjust monitoring restrictions table (Table 1) in the site visit section to match list of
                   restrictions in CE.
                • Measur: Method used to assess restriction (visual observation on site visit,
                   landowner report, document (report, land title), air photo, sample collected and
                   analyzed.
                • Visual observation of changes since BDR (presence/absence should include a photo)




FLT BDR and Monitoring Recommendations                                                                          12
Table 1: land Owner Rights and Permitted Uses


                                                       Changes from
                                                       baseline/last
 Owners Rights and Permitted                           monitoring
 Uses                            Measur                report (Y/N)    Describe   Photo
 5.1 Signs
 The Owners have the right to
 post signs.                     Presence/absence
 5.2 Access
 The Owners can control and
 restrict access.                Landowner interview
 5.3 Disposition
 The Owners have the right to
 sell, lease, or otherwise
 convey the land and to
 mortgage or charge the
 Owner’s interest in the land.
                                 Landowner interview
 5.4 Maintenance
 The Owners can maintain,
 repair, enhance and replace
 and existing buildings,
                                  Landowner
 structures, and improvements
                                 interview,
 or access roads
                                 observational
 5.5 Permitted Construction      Landowner
 The Owners have the right to    Interview,
 build as described in the CE.   observational
 5.6 Vehicles
 The Owner has the right to
 use ATVs and snowmobiles         Landowner
 on designated trails and        Interview,
 fence lines.                    observational
 5.7 Agricultural Activities      Landowner
 The owners can graze or hay     interview,
 the property.                   observational




FLT BDR and Monitoring Recommendations                                                    13
Table 2: Restrictions on CE
                                                             Violation
 Restrictions                       Measur                   (Y/N)       Describe   Photo
 6.1 Destruction of Vegetation      Observational
 No cutting, removal, or            evidence of changes
 destruction of vegetation.         to vegetation
                                    communities
 6.2 Drainage and Diversion of      Observational
 Water Courses                      evidence of changes
 No alteration, diversion or        to water courses (ie.
 drainage of water courses.         no structural barriers
                                    evident)
 6.3 Pollution of Water              Question in land
 Courses                            owner interview and
 No pollution or degradation of     water sample for
 water courses or water             streams at entry and
 bodies on the property.            exit point
 6.4 Shoreline Vegetation
 No destruction of vegetation        Observational no
 or soils on shorelines of          evidence of erosion or
 water courses or water             vegetation removal
 bodies.                            along shore lines
 6.5 Wildlife Disturbance
 No noise, glare, obstruction
 or odour which may be
 reasonably anticipated to
 disturb wildlife patterns.         Observational
 6.6 Wildlife Movement
 No activity which will impede
 wildlife movement.                 Observational
 6.7 Chemicals and Fertilizers
 No pesticides including             Land owner
 herbicides, or fertilizers.        interviews
 6.8 Mining
 No excavation, dredging, or
 mining of any sand, gravel,
 minerals, rock or other
 materials.                         Observational
 6.9 Resource Extraction
 No oil and gas exploration
 unless required by law             Presence/absence
 6.10 Refuse
 No dumping of garbage,
 waste, debris, or refuse           Presence/absence
 6.11 Hunting and Trapping
 No hunting, killing, trapping of    Observational no
 animals or birds on the            evidence of traps or
 property.                          kills
 6.12 Construction
 No building except as
 allowed by the management
 plan in the CE.                    Presence/absence
 6.13 Subdivision
 No application for
 subdivision.                       Presence/absence


FLT BDR and Monitoring Recommendations                                                      14
Changes will be documented using location (GPS waypoints; nad83), photos and specifics on the violation
(describe severity and scope) and if it has an impact on the intent of the CE. Where appropriate suggest possible
actions or resolutions.

                     Observations
        3.3 Wildlife Observations during site visit or by landowner
                • List species (flora and fauna) observed by the monitor or landowner since the
                    previous visit.
        3.4 Water
                • Were there any water quality studies/research done on the site
                • Note the location of water samples
                • Results of any water quality samples taken

        3.5 Document significant changes observed on the property
               • Natural changes (e.g. water course change due to flooding, fire)
               • Land use changes
               • Document changes/violations by using maps, photos (GPS waypoints) and attach in
                  Appendix B.

4.0 Agreement Monitoring Report
             • Sign off by land trust board member and landowner with date of completion.

           A:
Appendix A: landowner Interview
To help inform information in the monitoring report, suggest interviewing the landowners.
             l. Length of time as owner of property
             m. Are the land use activities the same on the property as reported in the Baseline Document
                 Report?
             n. Changes in management regime (are there any new management plans).
             o. Are there any significant changes to the landscape as a result of natural causes? (ie fire,
                 flooding)
             p. Are there any significant changes to the landscape caused by humans? (neighbors, third
                 party)
             q. Do you have invasive species on the property (list species if possible) and discuss
                 location of patches.
             r. Are you aware of any water quality assessments on this property?
             s. Are you aware of areas where chemical pesticides or fertilizers have been used on the
                 property?
             t. Please list species you have seen on the property and frequency of sightings in the last
                 year?
             u. Are there things you are concerned about from a stewardship perspective that FLT might
                 be able to assist you with?




FLT BDR and Monitoring Recommendations                                                                     15
B:
Appendix B: Documented changes since BDR and/or last monitoring period.

If the monitor finds evidence of a violation or change of condition since the BDR or monitoring report, it is
important to document the change using GPS (maps), photos and detailed descriptions. Describe the
extent and severity of the impact. There is no need for a conversation with the land owner at this time, an
FLT board member will follow up with the land owner once the potential violation has been reviewed
internally.




Disclaimer
This Monitoring Report Template was created for the Foothills Land Trust and may or may not be
appropriate for all land trust organizations. It is available for any land trust to use and to adapt for its own
purposes. Foothills Land Trust is not responsible for any results achieved or decisions made through the
use of the Monitoring Report Template.




FLT BDR and Monitoring Recommendations                                                                  16

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Baseline documentation foothills land trust 5 of 5

  • 1. Baseline Documentation Report and Monitoring Templates: Recommendations for FLT June 2010 Prepared by Tracy Lee and Kim Good Prepared for:
  • 2. Baseline Documentation Report and Monitoring Templates: Recommendations to FLT June 2010 Prepared by Tracy Lee and Kim Good Miistakis Institute c/o EVDS – University of Calgary 2500 University Drive NW Calgary, AB T2N 1N4 Phone: (403) 220-8968 Email: institute@rockies.ca Web: www.rockies.ca
  • 3. TABLE OF CONTENTS Introduction ..................................................................................................................................................................... 1 Baseline Documentation Report (BDR) ...................................................................................................................... 1 Who should prepare the BDR?................................................................................................................................ 2 Components of a BDR ............................................................................................................................................... 2 Monitoring Reports ........................................................................................................................................................ 2 Frequency of Monitoring .......................................................................................................................................... 2 Who should prepare monitoring reports? ............................................................................................................. 3 Components of a monitoring report........................................................................................................................ 3 Development of a Volunteer Monitoring Program............................................................................................... 3 Recommendations.......................................................................................................................................................... 4 Appendix 1: FLT Baseline Documentation Report template............................................................................... 5 Appendix 2: FLT Monitoring Template ................................................................................................................. 11 FLT BDR and Monitoring Recommendations i
  • 4. INTRODUCTION The purpose of this report is to recommend procedures and templates for FLT Baseline Documentation Reports and Monitoring Reports. The Baseline Documentation Report and Monitoring Report are important components of a land trust’s stewardship, enforcement and legal defense platform. A Baseline Documentation Report (BDR) is a record of the current condition of the property as agreed to by the land trust and landowner at the signing of the conservation easement (CE). It therefore represents a legal document that must hold up in court. In addition, it is used as the basis for monitoring the property and for developing management plans to help uphold the conservation value of the easement. Developing standard operating procedures around the BDR is beneficial for land trust-landowner relations, as well as reducing the risk of violations and enforcement on the conservation property. Monitoring reports enable the land trust to document changes and/or threats to the conservation value of the property overtime. Monitoring frequently is important for building and maintaining landowner relations, detecting and addressing early violations and establishing a record of due diligence for the land trust should the CE be challenged in court. Establishing procedures and templates for monitoring is an important component of a land trust’s legal defense. A number of manuals/modules dedicated to baseline documentation reporting and monitoring were reviewed to develop a set of recommendations for FLT. Some of the documents included: 1. Doscher, P., B. Lind, E. Sturgis and C. West. 2007. Determining Stewardship Costs and Raising and managing Dedicated Funds. The Land Trust Alliance. 2. Heidenreich, B. Draft 2009. A Stewardship, Monitoring and Costing Guide for Natural Heritage Conservation Agreements. Ontario Heritage Trust and Ontario Land Trust Alliance. 3. Michalsky, S. 2010. Baseline Documentation Report Training Module. Alberta Land Trust Alliance. 4. Michalsky, S. 2010. Stewardship Monitoring Training Module. Alberta Land Trust Alliance. DOCUMENTATION BASELINE DOCUMENTATION REPORT (BDR) The baseline documentation report (BDR) provides a snap shot of the biophysical condition of a property subject to a conservation easement and represents an agreement between the land trust and landowner. It serves as a basis for monitoring compliance and to inform the enforcement process and/or defense of the CE in court. The BDR states the purpose of the conservation easement and documents the conservation value of the property, current land uses, biophysical conditions and potential threats at the time of securement. FLT BDR and Monitoring Recommendations 1
  • 5. Who should prepare the BDR? A BDR is a legal document and it is therefore advisable that a qualified professional (or individual with years of experience) prepare the BDR. It is advisable that FLT keep on file resumes of individuals involved in preparation of BDR. In addition, it is advisable to include the landowner in the BDR process to help inform components of the BDR and to help establish a positive relationship with the landowner. Components of a BDR There are specific components that a land trust should include in a BDR. These are listed below; • Location and legal description of property • Clear description of the purpose of the CE or intent of the conservation easement from the landowner and land trusts perspective. • Existing anthropogenic features on the landscape • Land use activities • Hydrological features, vegetation communities, soils and wildlife occurring/using the properties as well as possible threats to these features. • Monitoring recommendations • Signature page An annotated FLT BDR template is attached in Appendix 1. MONITORING REPORTS The purpose of the monitoring report is to determine compliance of clauses in the Conservation Easement (CE) and to ensure that the intent and objectives of the CE are being upheld. The monitoring report enables the land trust to track the condition of the property over time through comparison with the baseline documentation report (BDR). It also provides an opportunity for FLT and the landowner to build on their positive relationship and to review the CE during the monitoring exercise. Frequency of Monitoring The frequency of monitoring varies between land trusts, but ideally, each property will be visited annually. If costs are a concern to the land trust, every second year may be acceptable as long as long as there is contact with the land owner in between monitoring years. If monitoring is not handled on an annual basis, undertaking a landowner risk assessment may help a land trust prioritize properties for more frequent monitoring. FLT will develop guidelines as to how often they will monitor a property. A land trust usually monitors during the growing season. However there may be cases where monitoring should occur during different seasons depending on restrictions in the CE or threats the land trust is concerned with. FLT will develop guidelines on the timing and frequency of monitoring of properties. FLT BDR and Monitoring Recommendations 2
  • 6. Who should prepare monitoring reports? Ideally a monitoring report is carried out by a qualified professional capable of building a trusting relationship with the landowner. However, small land trusts often depend on volunteer monitors. Therefore, guidelines are required regarding: o A volunteer based monitoring program (see below). o Maintaining a list of volunteers with experience at monitoring. o Pairing less experienced volunteers with more experienced volunteers. o Implementing a policy and / or guidelines on the role of the volunteer to clearly define: • Expectations on communicating with landowners (e.g. do not offer management advice instead bring questions back to the land trust). • Procedure in the case of a potential violation (e.g. who communicates with landowner and how). • Reporting and follow-up procedures. Components of a monitoring report Specific components that a land trust should include in a monitoring report include: • Date of inspection • Review of BDR, management plans and past monitoring reports • Address each restriction listed in the CE and monitor for compliance • Recognize and detail violations • Communicate / build positive relationships with the landowner. • Document changes (natural or man-made) to the condition of the property that impact the CE An annotated FLT Monitoring template is attached in Appendix 2. Development of a Volunteer Monitoring Program FLT is a small land trust that currently utilizes volunteers to complete baseline and monitoring reports. As the number of conservation easement properties held by FLT increases, there may be a need to increase the number of dedicated individuals available to monitor properties. FLT should consider developing a volunteer based monitoring program, where the access to qualified dedicated professionals able to assist in monitoring conservation easement properties in increased. The components of the volunteer based monitoring program include: o Clearly define the goals of a volunteer monitoring program (e.g. education, community support, cost effective) o Engage volunteers (e.g. describe how volunteers will be informed of the program and engaged) o Coordinate volunteers o Volunteer insurance (e.g. how are they covered?) o Train volunteers (e.g. workshops, apprentice program, training manuals, workshops) • Expectations and responsibilities of volunteer • Safety concerns • Template review FLT BDR and Monitoring Recommendations 3
  • 7. Equipment Protocols • Field visit instructions • Communications with landowner • Address violations (their role and responsibility) • Reporting and follow-up o Retain volunteers (e.g. incentive, reward, recognition program) o Evaluate program (e.g. frequency or review, methodology) o tie into the programs goals to measure success o define success o Pilot program – initiate a small scale program (e.g. start with small group of volunteers that have been targeted by the FLT board as good volunteer candidates) to enable FLT to adapt and strengthen the program based on results of pilot program. RECOMMENDATIONS • Review, edit and accept as a standard operating procedure the new FLT BDR template. • Review, edit and accept as a standard operating procedure the new FLT monitoring template. • Develop guidelines around: o the frequency and timing of monitoring; o qualifications of individuals undertaking FLT BDR or monitoring reports; and o response to violations. • Ensure FLT has resume on file of BDR and monitoring volunteers. • Develop an FLT volunteer monitoring program to help build up a pool of volunteers to assist in monitoring. FLT BDR and Monitoring Recommendations 4
  • 8. Appendix 1: FLT Baseline Documentation Report template Foothills Land Trust CE Baseline Annotated Template The baseline documentation report (BDR) provides a snap shot of the biophysical condition of a property subject to a conservation easement and represents an agreement between the Land Trust and landowner. It serves as a basis for monitoring compliance and to inform the enforcement process and/or defense of the CE in court. The BDR states the purpose of the conservation easement and documents the conservation value of the property, current land uses, biophysical conditions and potential threats at the time of securement. 1.0 BACKGROUND The background section of the BDR provides general information on the property, landowner and individual preparing the baseline, as well as a legal description of property and reference to the CE. The majority of landowners are knowledgeable about their land and buildings. Maintaining strong land owner relations is a priority stewardship goal for any land trust. Thus it is advisable to involve the landowner in the BDR. This can be done by having the landowner participate in the field visit and/or through an interview process (See suggested questions in Appendix 2). 1.1. Property Name • Name of CE property (used to refer to easement by FLT) 1.2. Property Contact • Owner name • Contact Person (if different from above) • Contact information including phone number, fax number, email and mailing address 1.3. Baseline Prepared by The BDR is a component of legal defense. FLT should keep on file the resume of the volunteer or contractor who prepared the BDR. The BDR should include a brief statement of the qualifications of the volunteer/contractor who prepared the BDR such as relevant training, professional designation, and years of experience. • Name of individual completing baseline • Date(s) of field visit • Contact information including phone number, email and mailing address • Statement of qualifications/expertise 1.4. Legal Description Refer to land titles for legal description, but also provide details for areas (zones) that are exempt from CE clauses and/or where permissions need to be granted from the land trust. • Legal Description (ATS) (LLD or LSD. • Area of CE (acres, hectares) • Area (acres, hectares, m3) of take-out parcels • Area descriptions (location using local landmarks, GPS waypoints (nad83). FLT BDR and Monitoring Recommendations 5
  • 9. Relevant title encumbrances (refer to land title) Appendix 1 Copy of the Land title(s) after CE is registered Appendix 2: Potential questions to ask landowner/land manager to inform baseline report 1.5. Conservation Easement Reference Statement Refer back to the CE (may include the date CE was signed) and provide a brief history of donation of CE, indicate if CE is donation, split receipt, paid and/or an Ecological Gift under Environment Canada’s Ecological Gift Program. • Provide a reference to the conservation easement agreement, • Date it was signed, • Description of donation/acquisition of property. 1.6 Partnership Approach • Describe the link between the FLT mission statement and the land owner’s interest in placing a CE on the property. • Attach the Letter of Intent from the landowner 2.0 PURPOSE OF CE The purpose of the CE states the intent of the conservation easement and the common purpose of the CE from the landowner and land trust perspectives. In this section, regional and local conservation values that the CE protects are highlighted. There is debate around focusing the purpose on regional or local conservation values, because of instances whereby documentation is considered either too vague or too specific in describing the purpose. Clarity is important when describing the conservation value and a land trust needs to consider landscapes as dynamic entities and that a CE is for perpetuity. For example, describing the purpose of a CE in protecting habitat for an endangered species could be problematic in court if the species becomes extirpated from the region. In addition, the language linking the CE and BDR must be consistent. The reader of the BDR should understand the reason the landowners and land trust have entered into a CE. For example, is there a common purpose or shared conservation values? Attaching a letter of intent from the landowner and referring to the FLT mission statement, if appropriate, will help readers to understand the intent of the CE. Context 2.1 Regional Context A regional context will be provided by highlighting the general conservation values (e.g. species at risk, ecological systems/landscapes of interest, Ecologically Significant Areas) of the property in relation to the MD of Foothills and lands adjacent and/or nearby the CE (e.g. other government or privately protected lands). 2.2 Local Context Context Highlight specific natural features of the landscape, including any specific sensitive ecosystem types or features found on the property. Insert Map 1 – Surrounding context - include roads, rivers and streams, protected areas, other parcels of interest (as detailed in regional context) FLT BDR and Monitoring Recommendations 6
  • 10. 3.0 Anthropogenic Features and Land Use Activities A BDR documents the current condition of the land at the time of signing. To monitor for compliance, all anthropogenic features occurring on the CE property will be documented. This section will be tied into the CE restrictions and will include a list of features to be grandfathered into the CE. If a planned feature does not yet exist on the property, it should be stated as such in the BDR. All features will be mapped and photographed to provide clarity to the baseline and the purpose of the structures will be explained. Existing 3.1 Existing Anthropogenic features (Grandfathered into CE) • Provide a written description (include purpose of feature), map (UTM (using GPS unit) and photograph (include UTM (using GPS unit) of photo, direction of photo (using compass directions) and photo description) all existing human made features on the landscape. • Some features to consider based on FLT restrictions; o All building structures and associated infrastructure o Fences (record height and number of wire strands) o Roads and Trails o Soil disturbance (cleared areas) o Mining (sand, rock, gravel piles) o Existing oil and gas infrastructure o Garbage, waste or debris sites o Water systems (irrigation, troughs, wells, dugouts) o Wildlife traps o Areas where chemicals ( pesticides, fertilizers and herbicides) have been applied o May need to consider other features as well depending on specifics of the CE and the property Map 2 – Anthropogenic Features- location within CE of features described above 3.2 Land Use Activity To enable the land trust to assess the level of risk on a property, the BDR will describe the historic and current land uses on the property and on neighboring parcels. For example, are there any areas on or near the property that may be zoned for conflicting activities that might put the conservation values of the property at risk? Does the landowner have existing management plans in place to guide land management (e.g. forestry, grazing)? All current management plans being used by the landowner will be documented. The BDR can inform and guide the development of any future management plans for the property. • Describe historical (if relevant) and current land use activities for the CE and specified areas if applicable. • Current zoning. • Refer to existing management plans. • Highlight land use activities on surrounding parcels. Appendix 3 Existing Management Plans for Property Appendix 4: Photo table of locations, map and photos 4.0 Natural Features All water features should be identified by type (river, stream, pond, lake, and wetland), mapped and photographed. Note if the water features are ephemeral or year round, direction of flow, and activities up stream that may impact health. FLT BDR and Monitoring Recommendations 7
  • 11. CE clauses that refer to the health or condition of water features may be difficult to measure. The land trust needs to develop protocols for how it will determine if this clause is in compliance. 4.1 Hydrological Features • Provide a written description, map (UTM (using GPS unit) and photograph (UTM (using GPS unit), direction of photo (using compass) and photo description) all existing water features on the CE. • Water features may include: o Rivers, streams o Water bodies (lakes, ponds, wetlands) o Springs 4.2 Water Quality • Note activities occurring on the CE that may impact water health? o Wildlife / stock watering o Trails / roads through water systems o proximity to an agricultural field o Recreational use o Chemical usage o Wildlife presence / absence • Water sampling approaches o Water samples will be taken where a stream enters and exits the property to generate a baseline of water quality. Future monitoring of the effect of activities will refer to the baseline. Map 4 – Water Features- location within CE of features described above 4.2 Vegetation Vegetation communities should be documented on map, with photos and described in the BDR. In addition, threats to the native vegetation should be documented (e.g. invasive species). • Provide a written description (include dominant species, rare and unusual flora, human – made habitat), map (UTM (using GPS unit) and photograph (UTM (using GPS unit), direction of photo (using compass) and photo description) all vegetation communities including natural and human-made on the CE. • Common types of vegetation communities include native grassland, wetland, riparian, croplands, tame forage, aspen and spruce forest. (May be able to use remote sensing or Alberta Vegetation Index or Alberta Plant Community Guides as a starting point). • Document threats to native vegetation communities. • Describe and list invasive species occurring on the CE (document larger patches on map, using UTM (GPS Unit). Map 5 – Vegetation Communities - location within CE of features described above 4.3 Surficial Bedrock Geology and Soils • Identify surface and underlying geology • Use AGRSID to determine soil series FLT BDR and Monitoring Recommendations 8
  • 12. Map 6 – Soil Series Wildlife 4.3 Wildlife In this section of the BDR describe important wildlife habitat (e.g. ungulate winter range, grizzly bear movement corridor), species of interest or any other ecological values. Include in this section rare, endangered species (including rank) that may occur on the property. This section may reply heavily on landowner knowledge, local expert knowledge (local fish and wildlife officers, biologists) or research reports. • List specific habitat occurring on the property for terrestrial or aquatic species and/or species groups of interest • List any important migrating species that use the property as permanent or seasonal habitat or for movement opportunities for specific groups and or species? • Reference other research/reports that document the importance of this area for species groups and/or species. • List any rare or endangered species occurring on the property. Specify rank and if recovery plan is in place. Appendix 3: Photo table of locations, map and photos 5.0 Monitoring Recommendations A BDR should include a series of recommendations about how to monitor the property and to help inform the management plans developed by FLT. • List any recommendations for future monitoring (e.g. invasive species of concern, addressing threats outlined in the BDR). • Time of year for monitoring to occur. • How often monitoring should occur • Frequency of using certain types of field methodologies if appropriate to CE clauses or existing management plan (e.g. range health, riparian health) Condition 6.0 Owner Acknowledgement of Condition • Include a section for signatures, where FLT and landowners agree to the BDR as accurately representing the current condition of the property. • Date of completion. Appendix 1: Land Title Appendix 2: Landowner Interview –suggested questions to inform BDR a. Length of time as owner of property b. Existing land uses of property (also historical if different) e.g. agriculture, ranching, recreation and forestry) c. Current management regime (Are there any management plans?). d. Are there areas/topics you feel you would like to know more about? e. Discuss anthropogenic features on the landscape and purpose of features. f. Discuss water features on the landscape – location of features g. Do you have invasive species on the property (list species if possible) and discuss location of patches. As well as history (eg. pathways of invasion) FLT BDR and Monitoring Recommendations 9
  • 13. h. Are you aware of any water quality assessments on this property? Are you interested in learning more about water health issues? i. Are there areas where chemical pesticides or fertilizers have been used on the property? If yes, please explain why? j. Please list species you have seen on the property and frequency of sightings? k. Are there things you are concerned about from a stewardship perspective that FLT might be able to assist you with? Appendix 3: Photo Location table, map and photos (with description) Photo # UTM East UTM West Date Map 7 – Photograph locations Disclaimer This Baseline Documentation Report Template was created for the Foothills Land Trust and may or may not be appropriate for all land trust organizations. It is available for any land trust to use and to adapt for its own purposes. Foothills Land Trust is not responsible for any results achieved or decisions made through the use of the Baseline Documentation Report Template. FLT BDR and Monitoring Recommendations 10
  • 14. Appendix 2: FLT Monitoring Template Foothills Land Trust Conservation Easement Monitoring Annotated Template The purpose of the monitoring report is to determine compliance of clauses in the Conservation Easement (CE) and to ensure that the intent and objectives of the CE are being upheld. The monitoring report enables the land trust to track condition of the property over time through comparison with the baseline documentation report (BDR). It also provides an opportunity for FLT and the landowner to build on their positive relationship and to review the CE during the monitoring exercise. The frequency of monitoring varies between land trusts, but ideally each property will be visited annually. If costs are a concern to a land trust, every second year may be acceptable as long as the land trust has contact with the land owner in between monitoring years. If monitoring is not handled on an annual basis, undertaking a landowner risk assessment may help a land trust prioritize properties for more intensive monitoring. 1.0 INTRODUCTION The introduction section of the monitoring report provides general information on the property, landowner and individual preparing the monitoring report. 1.6. Property Name • Name of CE property (refer to easement ) • Date CE was signed 1.7. Property Contact • Owner name • Contact Person (if different from above) • Contact info: phone number, email and mailing contact 1.8. Monitoring Conducted by: • Name of individual completing baseline • Dates of site visits • Contact info: phone number, email and mailing contact • Sign declaration from the monitor that the information collected is confidential. ***I understand that the knowledge I gain and the information I collect is confidential and belongs to the Foothills Land Trust and should only be discussed with members of the Foothills Land Trust Board. FLT BDR and Monitoring Recommendations 11
  • 15. 2.0 Past Issues and Concerns There is a certain amount of preparatory work involved before the site visit. The monitor will review the BDR, management report/plans and past monitoring reports (including all associated photos and maps) to become familiar with the property and past concerns or issues documented on previous site visits. 2.1 List past identified concerns/ areas where attention is suggested • Review baseline report and past monitoring reports to identify issues/concerns • List the issues/concerns and comment on current situation (Has the issue being addressed? How has it been addressed). • If there are no past concerns state in monitoring report. Visit 3.0 Site Visit The site visit is an opportunity for the land trust to build on or maintain its relationship with the landowner, either by inviting them to join the site visit and/or by undertaking a landowner interview. The monitor will review each permission and restriction (table form in the CE; see below) and document the method used to assess the permission/restriction and what has changed since the BDR was completed. For example, if the land owner is permitted to post signage, the measure would be presence/absence; if the landowner has recently placed a sign, indicate “yes” there are changes from the BDR; describe and take a photo to highlight the change. If a restriction occurs that is in violation of the CE, a detailed description will be provided below the table. All changes, natural and man-made will be documented even if they do not impact the intent of the CE. 3.1 Landowner Relations • Was the landowner present during the site visit (Yes/No) • Interview the landowner (suggested questionnaire Appendix A) • Identify how long the current owner has owned/lived on the property? 3.2 Monitoring Restrictions Table • Adjust monitoring restrictions table (Table 1) in the site visit section to match list of restrictions in CE. • Measur: Method used to assess restriction (visual observation on site visit, landowner report, document (report, land title), air photo, sample collected and analyzed. • Visual observation of changes since BDR (presence/absence should include a photo) FLT BDR and Monitoring Recommendations 12
  • 16. Table 1: land Owner Rights and Permitted Uses Changes from baseline/last Owners Rights and Permitted monitoring Uses Measur report (Y/N) Describe Photo 5.1 Signs The Owners have the right to post signs. Presence/absence 5.2 Access The Owners can control and restrict access. Landowner interview 5.3 Disposition The Owners have the right to sell, lease, or otherwise convey the land and to mortgage or charge the Owner’s interest in the land. Landowner interview 5.4 Maintenance The Owners can maintain, repair, enhance and replace and existing buildings, Landowner structures, and improvements interview, or access roads observational 5.5 Permitted Construction Landowner The Owners have the right to Interview, build as described in the CE. observational 5.6 Vehicles The Owner has the right to use ATVs and snowmobiles Landowner on designated trails and Interview, fence lines. observational 5.7 Agricultural Activities Landowner The owners can graze or hay interview, the property. observational FLT BDR and Monitoring Recommendations 13
  • 17. Table 2: Restrictions on CE Violation Restrictions Measur (Y/N) Describe Photo 6.1 Destruction of Vegetation Observational No cutting, removal, or evidence of changes destruction of vegetation. to vegetation communities 6.2 Drainage and Diversion of Observational Water Courses evidence of changes No alteration, diversion or to water courses (ie. drainage of water courses. no structural barriers evident) 6.3 Pollution of Water Question in land Courses owner interview and No pollution or degradation of water sample for water courses or water streams at entry and bodies on the property. exit point 6.4 Shoreline Vegetation No destruction of vegetation Observational no or soils on shorelines of evidence of erosion or water courses or water vegetation removal bodies. along shore lines 6.5 Wildlife Disturbance No noise, glare, obstruction or odour which may be reasonably anticipated to disturb wildlife patterns. Observational 6.6 Wildlife Movement No activity which will impede wildlife movement. Observational 6.7 Chemicals and Fertilizers No pesticides including Land owner herbicides, or fertilizers. interviews 6.8 Mining No excavation, dredging, or mining of any sand, gravel, minerals, rock or other materials. Observational 6.9 Resource Extraction No oil and gas exploration unless required by law Presence/absence 6.10 Refuse No dumping of garbage, waste, debris, or refuse Presence/absence 6.11 Hunting and Trapping No hunting, killing, trapping of Observational no animals or birds on the evidence of traps or property. kills 6.12 Construction No building except as allowed by the management plan in the CE. Presence/absence 6.13 Subdivision No application for subdivision. Presence/absence FLT BDR and Monitoring Recommendations 14
  • 18. Changes will be documented using location (GPS waypoints; nad83), photos and specifics on the violation (describe severity and scope) and if it has an impact on the intent of the CE. Where appropriate suggest possible actions or resolutions. Observations 3.3 Wildlife Observations during site visit or by landowner • List species (flora and fauna) observed by the monitor or landowner since the previous visit. 3.4 Water • Were there any water quality studies/research done on the site • Note the location of water samples • Results of any water quality samples taken 3.5 Document significant changes observed on the property • Natural changes (e.g. water course change due to flooding, fire) • Land use changes • Document changes/violations by using maps, photos (GPS waypoints) and attach in Appendix B. 4.0 Agreement Monitoring Report • Sign off by land trust board member and landowner with date of completion. A: Appendix A: landowner Interview To help inform information in the monitoring report, suggest interviewing the landowners. l. Length of time as owner of property m. Are the land use activities the same on the property as reported in the Baseline Document Report? n. Changes in management regime (are there any new management plans). o. Are there any significant changes to the landscape as a result of natural causes? (ie fire, flooding) p. Are there any significant changes to the landscape caused by humans? (neighbors, third party) q. Do you have invasive species on the property (list species if possible) and discuss location of patches. r. Are you aware of any water quality assessments on this property? s. Are you aware of areas where chemical pesticides or fertilizers have been used on the property? t. Please list species you have seen on the property and frequency of sightings in the last year? u. Are there things you are concerned about from a stewardship perspective that FLT might be able to assist you with? FLT BDR and Monitoring Recommendations 15
  • 19. B: Appendix B: Documented changes since BDR and/or last monitoring period. If the monitor finds evidence of a violation or change of condition since the BDR or monitoring report, it is important to document the change using GPS (maps), photos and detailed descriptions. Describe the extent and severity of the impact. There is no need for a conversation with the land owner at this time, an FLT board member will follow up with the land owner once the potential violation has been reviewed internally. Disclaimer This Monitoring Report Template was created for the Foothills Land Trust and may or may not be appropriate for all land trust organizations. It is available for any land trust to use and to adapt for its own purposes. Foothills Land Trust is not responsible for any results achieved or decisions made through the use of the Monitoring Report Template. FLT BDR and Monitoring Recommendations 16