Greenbelt Land Trust: Standards Page

The Greenbelt Land Trust of Mid-Missouri
P.O. Box 144, Columbia, MO 65205
(573) 442-4789
greenbelt.land.trust@gmail.com

Introduction
Standard 1: Purpose and Goals
Standard 2: Land Trust Board Members
Standard 3: Conflicts of Interest
Standard 4: Basic Legal Requirements
Standard 5: Fundraising
Standard 6: Financial and Asset Management
Standard 7: Staff, Consultants and Volunteers
Standard 8: Selecting Projects
Standard 9: Choosing the Best Conservation Method
Standard 10: Examining the Property
Standard 11: Ensuring Sound Transactions
Standard 12: Tax Benefits
Standard 13: Board Approval of Transactions
Standard 14: Conservation Easement Stewardship
Standard 15: Land Stewardship


Introduction

Over the last two years, the Greenbelt Land Trust board has been working on meeting the 15 management standards set out by the Land Trust Alliance. The Alliance is a conglomeration of land trusts from across the country that are dedicated to sound management and expanding land trusts. Three of our board members have attended Alliance workshops in order to provide better stewardship of the lands entrusted to us.

The 15 standards encompass all of the significant management issues that face those wishing to operate a land trust. The standards include fiscal management and sound budgeting techniques as well as the requirements of land ownership and holding easements. The standards also address careful documentation of land trust actions and other important aspects of proper land management from protecting the property itself to protecting the values that the land represents to the community.

The standards approved by the Greenbelt board in August 2004 represent a commitment by the trust to carry out its mission in an ethical and ecologically sound manner. The standards include overarching topics such as our purpose and goals and asset management as well as board operations and fundraising. The standards describe how we choose projects and methods of preservation, how we ensure that the transactions are completed legally, and how we provide stewardship for land that we own or conserve through easements and other methods.

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Standard 1: Purpose and Goals

Land Trust PURPOSE: The Greenbelt Land Trust of Mid-Missouri (GBLT) is dedicated to the conservation of natural areas that will contribute to the protection of water quality and preservation of a network of green space in the region.

GOALS of the Trust:
  1. Receive charitable donations of land, easements, stocks, and bonds to protect natural and agricultural areas.
  2. Purchase land and easements to protect natural and agricultural areas.
  3. Link private land-holdings of protected areas to other publicly or privately held protected areas.
  4. Raise money via memberships, donations, grants, and other means to protect natural and agricultural areas
  5. Sell or transfer lands in accordance with donor wishes or strategic plans in order to best protect critical properties.
  6. Manage lands held in fee simple title according to best management practices in order to develop and maintain the optimal vegetative community for the ecosystem, in perpetuity.
  7. Monitor and enforce conservation easements, in perpetuity.
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Standard 2: Land Trust Board Members

There shall be 6 to 12 members of the Board of Directors (Board) of the GBLT. The term of service shall be two years. Terms shall be staggered such that up to 4 members are elected each year.

Meetings of the Board shall occur at least quarterly. The Chair may call additional meetings with the concurrence of 2/3 of the members of the Board.

The President, Vice President, Secretary and Treasurer shall be elected by a majority of the Board at the first meeting in a given calendar year and shall serve until the next election.

Two-thirds of the members of the Board shall constitute a quorum. No official business may be carried out without a quorum.

Each member of the Board may designate a proxy for a meeting. This proxy must be sent to the President and be verifiable (by mail, e-mail or other method).

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Standard 3: Conflicts of Interest

Board members are expected to declare all potential conflicts of interest. Once a Board member has declared a potential conflict of interest, the Board may ask the member to excuse himself from the room during the time that the item that has created the conflict is being discussed. If more appropriate, the Board member may engage in the discussion, but recuse him or herself from voting. If there is no agreement as to the extent of the conflict or the most appropriate action, the Board shall adopt the position that offers the greatest protection against causing harm to the GBLT.

Any Board member may ask for reasonable expenses tied to the conduct of the business of the GBLT. All such expenses exceeding $200 shall be approved in advance by the Board.

Should any Board member be asked to serve in a capacity beyond that required of the Board members, he or she shall be compensated at a rate up to the cost of those services, if rendered by an individual contracted to do the work independently of the Board.

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Standard 4: Basic Legal Requirements

The GBLT is a certified 503(c)3 not-for profit organization that has met all the legal requirements of such a designation under the laws of the United States of America and the State of Missouri. It received its federal tax-exempt status in 1993 and has retained that designation continuously since that date. The Coalition complies with all applicable requirements to retain its current not-for-profit status.

The GBLT is a member of EarthShare of Missouri and is entitled to all rights and assumes all responsibilities according to that designation.

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Standard 5: Fundraising

The GBLT shall comply with all applicable state and federal laws concerning fundraising. Fundraising expenses shall be minimized in relation to the funds raised.

All donors shall be notified of the deductibility of their donations in accordance with federal guidelines.

All funds identified for a specific purpose shall be designated for use only for that purpose. Donations received without designation shall be expended at the pleasure of the Board. The guidelines for financial commitments shall govern all land transactions. No land transaction can occur without a vote of the Board and certification by the Board that the financial guidelines have been followed.

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Standard 6: Financial and Asset Management

The Board shall adopt an annual budget. This budget shall include a current listing of both financial and physical assets, funds supporting the management of those assets, and expected income and expenditures for the next year.

Deviations from the budget exceeding $1000 shall be subject to Board approval. If the Board approves a land transaction that follows the financial guidelines, the vote on the transaction shall constitute this approval.

A summary budget shall be prepared at least quarterly and given to Board members. The budget of the GBLT shall be audited annually and the Board shall receive and review the audit annually.

The GBLT shall not incur debts exceeding financial assets without the approval of a 2/3 majority of the members of the Board. This super-majority is required regardless of the number of members present.

The GBLT shall carry comprehensive general liability insurance on all of the properties that it owns in fee simple title.

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Standard 7: Staff, Consultants and Volunteers

The Board shall have the authority to hire staff or contract for work as necessary to support the functions of the Coalition.

Staff shall work on an annual basis defined by a legally binding contract between the individual and the GBLT. Such contracts are to be approved by a two-thirds vote of the Board. All staff officially report to the President of the Board and are required to inform the President of any deviations from policy. Staff may supervise volunteers, as required, to support the goals of the GBLT. Staff shall not commit to or expend any amount in excess of $1000 without explicit Board approval.

Consultants or other individuals may be offered contracts for specific work not to exceed one year in duration. The President shall be the only individual designated to offer contracts for the GBLT. The Board shall approve the basic outlines of the contract by majority vote.

Volunteers should be used, to the greatest extent practicable, in agreement with the goals of the GBLT. The President, the Board and the Staff shall encourage the use of volunteers to the greatest extent possible in maintaining the lands held by the GBLT. Volunteers shall incur no expenses without the approval of a member of the staff, the President, or a member of the Board who has been designated by the Board to approve such spending.

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Standard 8: Selecting Projects

The GBLT shall seek protection for lands that fit the following criteria.

  1. The land is in a relatively undeveloped state. Lands for consideration may include buildings and agricultural lands, but can not include any multi-family dwellings, businesses unrelated to agricultural practices on the land, or multiple dwellings that are more dense than one per acre.
  2. The land has significant value for protection of water quality, or as habitat for aquatic or riparian species, or lands that are unusually unaffected or unaltered by human activities and constitute unique opportunities for stewardship.
  3. The land is dominantly (over 75%) in native vegetation or is managed for agriculture. If agricultural, management must be in compliance with the conservation provisions of the 1985 USDA Farm Bill.
  4. The land is adjoins or is in proximity to property that is protected by fee simple ownership or easement and adds to the inherent natural resource value of the adjoining land or network of green space.
  5. The land, if not protected, is subject to future land use practices that would: a) degrade its value or the value of adjoining or proximate lands that are part of a green space network, b) degrade wildlife habitat, or c) degrade water quality.
  6. The land has no environmental damages or contains no hazardous substances, trash or noxious weeds that threaten environmental damage.
  7. The properties shall be assessed using the scorecard listed below. While any one condition can cause rejection of a proposed land transaction, a minimum of 70 and no scores of 0 are necessary to forward the property to the Board for approval. The Board may approve projects that do not receive the necessary score only be a vote of 2/3 of the Board.
Proposed scorecard:
  1. Water Protection: _____ (25)
  2. Habitat Value; Stewardship Value: _____ (20)
  3. Community Endorsement and Value; Accessibility and Visibility to the Public: _____ (20)
  4. Adjoining Lands; Greenspace network: _____ (20)
  5. Development Pressure: _____ (15)
Notes:
  1. Value of the property to protect water quality. This includes value as stream buffer, floodplain lands, and protection of karst or other groundwater resource. This is the primary concern of the Trust.
  2. Value of the land for support of native ecosystems, particularly riparian systems. The land contains unique or valued resources that would be preserved through the land transaction. If agricultural, the quality, sustainability, and value of the agricultural operation to the community.
  3. Support of the neighbors for the project, potential recreational value as an open space, and fit within planning by the city or county. Does this property afford the public a view or access that would enhance the value of the land to the community?
  4. Nearness of adjoining parks, open spaces or actual or potential easements or purchases by the GBLT. Does this property connect existing parts of a network of green space?
  5. In general, land will not be acquired if the transaction will result in little or no additional protection. If the land is not protected, what is the likelihood of development and ensuing loss of value as discussed above? If development is unlikely or restricted by density transfer (PUD), are there other compelling reasons (management potential, public access, etc.) for the transaction?
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Standard 9: Choosing the Best Conservation Method

To the extent possible, the GBLT shall use the most cost-effective manner of land transaction to protect a property. Simple fee purchase shall be used only when necessary and after examination of other options.

Any landowner considering a land transaction with the GBLT shall be informed of all options and the GBLT's representative shall present clearly the advantages and disadvantages of each option.

The Board shall receive a summary of all proposed transactions for review. The summary shall include a description of the land, boundaries, pictures or other representations that illustrate its major features and financial arrangements. The Board shall have final approval of the proposed action.

Approval of any transaction shall require approval of a financial plan commitment by the Board. Ideally, this commitment will be fulfilled at the time of the land transaction; however, the Board may approve a transaction if a clear way to fulfill the commitment by the landowner or by the GBLT is presented.

The financial plan shall include management, stewardship and legal fund contributions, set at 1, 3 and 1 percent of the assessed land value, respectively, that shall be placed in the designated account(s). In addition, fees should be assessed for any structures that could potentially lead to additional financial commitments by the GBLT. Finally, to the extent that the GBLT accrues expenses related to assessment, title transfer or other aspects of the transaction, these shall be included in the financial plan together with a method of reimbursement.

Financial plan worksheet:
  1. Value of the property as assessed: _____ ; Value * 0.05: _____
  2. Homes on the property: _____ ; Number of homes * $200: _____
  3. Other structures: _____ ; Structures * $50: _____
  4. GBLT Expenses: _____
  5. Total Cash equivalent required: _____
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Standard 10: Examining the Property

The GBLT shall conduct a thorough examination of any property being considered for ownership or easement. This examination will include an assessment of the condition of the land and its conservation resources, an assessment of potential risks to the value of the land, and an examination of property lines and those lands immediately adjacent to the property under consideration.

The GBLT shall conduct a survey of the land to determine whether any hazardous materials or conditions exist. Any hazardous or toxic materials must be removed before the transfer of ownership to the Trust. Management plans for any substances found on land considered for an easement must be completed prior to the approval of an easement.

The existence of hazardous conditions must be assessed prior to any transaction. All structures standing on the property will be examined to assure their soundness. A registered geologist will be consulted should questions arise as to the geologic stability or if potentially unsafe geologic conditions are identified on or immediately adjacent to the property under consideration.

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Standard 11: Ensuring Sound Transactions

All property transactions shall be reviewed and approved by the Board and an attorney after review by an individual with real estate expertise. The GBLT shall have all properties appraised prior to any transaction and shall use fair market value as the basis for decisions. All transaction will be registered in the appropriate office in the county in which the property is located. Registration is the responsibility of the Trust.

American Land Title Association (ALTA) title insurance will be obtained for every acquisition and conservation easement prior to closing. Any existing encumbrances shall be subordinate to the acquisition or easement. Subordination clauses will be included in the easement, as appropriate.

Representatives of the GBLT and the landowner (or his agent) will walk the property together and discuss any general or specific condition on the sale or easement under consideration.

Prior to any property transaction, the GBLT shall make clear to the other party the intended management of the land to be transferred or placed under an easement. The other party shall be informed of the GBLT's general goals related to the specific property under discussion. The GBLT also shall encourage the other party (ies) to the transaction to consult with both legal and real estate professionals to protect their interests and to assure the legal and financial soundness of the transaction. Under no circumstances shall the same attorney represent the GBLT and the landowner.

The GBLT and the landowner will agree, in writing, to any general or specific limitations on land use prior to the execution of an easement or land transfer. This document will detail all rights and responsibilities of the parties regarding land use and management.

Copies of all records related to the property and the transaction shall be held by the GBLT. One copy shall be held in the GBLT's office and be available to any Board member. A second copy shall be held separately in a secure location off at a site separate from the GBLT office.

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Standard 12: Tax Benefits

The GBLT shall make no representation of the tax benefits of any transaction to the other party. Those offering property for sale or easement shall be instructed to discuss any tax benefits with a certified professional. The donor shall be informed that the Internal Revenue Service alone shall make the determination of the deductibility or value of any resulting tax benefits.

Easements: The GBLT shall make available to those offering land for easements of Section 170(h) of the Internal Revenue Code. The GBLT shall cooperate with the donor to assure that the transaction meets the conditions set forth in Section 170(h) while assuring that the transaction meets the goals, and rules of the GBLT.

Land Transfers: The GBLT shall inform donors of the requirements for appraisal pertaining to gifts over $5000 in value. The donor, not the GBLT, is responsible for any determination of the value if their donation.

Resale of Property: The GBLT will complete and submit to the Internal Revenue Service the donor's appraisal summary (Form 8283) and Form 8282 if donated property is resold.

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Standard 13: Board Approval of Transactions

The Board shall approve all land transactions.

Any proposed transaction that has scored 70 points or more based on the criteria listed in Standard 8, shall be approved by a majority vote of the Board members present.

Any proposed transaction that has not scored 70 points by those criteria requires a 2/3 vote of all Board members. Such approval shall be granted based on compelling reasoning that shows that the existing criteria are not appropriate for the property under consideration or that factors not included in Standard 8 should be considered for this particular property.

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Standard 14: Conservation Easement Stewardship

A qualified naturalist subject to Board approval will inventory all easements within one year of acquisition. This inventory shall include a report of significant features of the property, and potential issues pertaining to management or ownership of the property.

All lands upon which easements are held by the GBLT shall be monitored annually by a volunteer or staff member subject to Board approval. A report shall be prepared for each monitoring event, and will include, as appropriate, any significant changes to the property, or potential issues pertaining to management or ownership of the property.

The Board Secretary will maintain all documents related to the easement in the GBLT offices. These documents shall include:With the current landowner's permission, the easement will be posted publicly on the property, identifying it as a private property protected by a conservation easement held by the GBLT.

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Standard 15: Land Stewardship

A qualified naturalist subject to Board approval will inventory all properties within one year of acquisition. This inventory shall include a report of significant features of the property, potential issues pertaining to management or ownership of the property, and suggested activities to protect, maintain and enhance the value of the property for the purposes of the GBLT.

The Stewardship Committee in consultation with the donors and other land management specialists, shall develop a land stewardship plan within one year of acquisition. This plan shall be subject to approval by the Board.

The Chair of the Stewardship Committee shall be responsible for all activities, including volunteer activities, that create, amend or implement the land stewardship plan for each property.

All lands owned by fee simple title, or otherwise entrusted to the GBLT, shall be monitored annually by a volunteer or staff member subject to Board approval. A report shall be prepared for each monitoring event, and will include, as appropriate, any significant changes to the property, potential issues pertaining to management or ownership of the property, and suggested activities to protect, maintain and enhance the value of the property for the purposes of the GBLT. The Stewardship Committee shall review these reports, and update or modify the stewardship plan for the property as appropriate.

The Board Secretary will maintain all documents related to the easement in the GBLT offices. These documents shall include:With the donor's permission, the property will be publicly posted at the edge of the property, identifying it as a private property owned by the GBLT.

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The Greenbelt Land Trust of Mid-Missouri
P.O. Box 144, Columbia, MO 65205
(573) 442-4789
greenbelt.land.trust@gmail.com