Managing Conservation Easements in Perpetuity - Environmental ...

Sample Language Permitting Amendment and Discretionary Approval
SAMPLE CONSERVATION EASEMENT LANGUAGE
PERMITTING AMENDMENT & DISCRETIONARY APPROVAL
AMENDMENT AND DISCRETIONARY CONSENT.
Grantor and Holder recognize that circumstances could arise which might justify modification of certain of
the terms, covenants or restrictions contained in this Conservation Easement. To this end, Grantor and
Holder have the right to agree to amendments to this Easement, provided that in the (reasonable) OR (sole
and exclusive) judgement of Holder such amendment furthers or is not inconsistent with the purposes of this
Conservation Easement. Holder and Grantor have no right or power to agree to any amendment that would
limit the term or result in termination of this Conservation Easement, [[OPTION: that would increase or
permit residential development]] or that would impair the qualification of this Conservation Easement or the
status of the Grantee under any applicable laws, including Title 33 M.R.S.A. Section 476 et seq., or Section
170(h) of the Internal Revenue Code. Any such amendment shall be recorded in the County,
Maine, Registry of Deeds.
Any discretionary consent by Holder, permitted by this Conservation Easement for uses that are conditional
or not expressly reserved by Grantor(s), may be granted only if the Holder has determined in its reasonable
discretion, that the proposed use substantially conforms to the intent of this grant, meets any applicable
conditions expressly stated herein, is not inconsistent with the conservation purposes of this grant, does not
materially increase the adverse impact of expressly permitted actions under this Conservation Easement.
THE FOLLOWING EASEMENT CLAUSES ALLOW OR CALL FOR HOLDER TO
EXERCISE DISCRETIONARY RIGHTS IN THE STEWARDSHIP OF THE EASEMENT:
Surface Alterations. ...As of the date of this grant, there are no surface alterations except an unpaved
trail and an unpaved parking area near the public roadway, which may be maintained and, with prior written
consent of Holder, relocated. No additional filling, dumping, excavation or other alteration may be made to
the surface of the Protected Property without the prior written consent of Holder, except that additional trails
designed to discourage use by motor vehicles may be established, and small select portions of the Protected
Property for the study of natural resources or archeology, subject to the prior written approval of Holder
which may be granted if such activities will be conducted according to generally accepted professional
practices and standards and in a manner consistent with the conservation purposes of this grant.
Public Access. ...Grantor and Holder may jointly agree in writing to restrict access to the Protected
Property or parts thereof, but only to the extent and for the duration necessary to assure safety, or to preserve
important ecological, habitat and conservation values of the Protected Property.
Notices. ...Any notices to Holder or requests for Holder consent, required or contemplated hereunder,
must include, at a minimum, sufficient information to enable Holder to determine whether proposed plans are
consistent with the terms of this Conservation Easement and the conservation purposes hereof.
Affirmative Rights. ...Holder has the right to require that Grantor's reserved rights be exercised in a
manner that avoids unnecessary harm to the conservation values to be protected by this Easement.
Screening Requirements. ...The adequacy of vegetative screening and other measures taken to control
visibility is to be determined in the sole discretion of the Holder.
C1999 KFMarchetti
Amendments 243