Managing Conservation Easements in Perpetuity - Environmental ...

cost agreement will be developed and signed before proceeding. GVLT staff shall review all
requests and, where appropriate, a representative of GVLT may conduct a site visit(s).
C Evaluation of requests shall include consultation with the third parties, when applicable and
appropriate, including:
• Reasonable efforts to discuss the proposed amendment with the principal parties to the
original transaction, including the landowner who granted the restrictions or his/her
heirs or successors.
• Funders, if any, of the original easement. GVLT shall comply with all applicable funding
requirements.
• Additional third parties, public or private, whose opinions or expertise GVLT
determines may be helpful to its evaluation of the amendment request.
However, in all cases except funding requirements, GVLT shall have no obligation to confer
with third parties, and, if it does, any third party opinions about the propriety of granting or
denying an amendment request shall be advisory only. GVLT retains exclusive authority to grant
or deny amendment requests, within the constraints of funding requirements.
D GVLT staff will compile information and review the request for amendment, and make a
recommendation to the Lands Committee. If the Committee finds that the amendment is legally
permissible, consistent with the terms of this policy, and clearly warranted by the circumstances,
the Committee will forward the request and the Committee's recommendation to the Board at
its next regularly scheduled meeting. A decision by the Committee to disapprove the amendment
will be final, unless the landowner presents a written request for review by the Board, with
his/her reasons for requesting Board review.
E The Board may approve, reject, or approve with modifications the request; approval shall require
a 2/3 majority vote of the full Board.
F All easement amendments that are approved by the Board must be made in writing, signed by
both parties, and must be recorded in the land title records of the local jurisdiction in which the
affected property is located. The appropriate planning board will be notified of any conservation
easement amendments within that planning board's jurisdiction.
Approved by GVLT Board of Directors November 9 th
1999, revised, updated and approved June 23, 2008
P:\400's Management & General\400 General M&G\-03 GVLT Policies\Final Policies\Amendment Policy 20080623.doc
GVLT: Conservation Easement Amendment Policy
Amendments 239