Managing Conservation Easements in Perpetuity - Environmental ...

VLT: Informal Discretionary Approval Letter
DATE
name
address
town
Re: Approval of Monuments and Scattering of Ashes
Dear _______:
You asked whether you could place a (insert type and size) monument and have your and
your spouse’s ashes only scattered on your land in _________, on which you are granting a
conservation easement today. Even though your conservation easement does not expressly
provide for this use, we can approve such uses provided that the uses don’t overwhelm the
agricultural or forestry productivity of your land or interfere with the other stated purposes
of the conservation easement.
If the location of the monument is within (the _________ complex or the excluded acreage
around your house), then you can erect any monument you choose without any need to
obtain our approval. If the monument is located on Protected Property, then our concerns
are that it not be a billboard, some other means of advertising or some “visually offensive”
sign as prohibited in Section II(3), nor that it be an excessively large monument and that it
not consume more than ________ insert size not to exceed 15 x 15 square feet of land area.
The ___________ monument you propose seems to be a memorial of some type which is
included as “permitted” in Section II(3) in the phrase “memorial plaque”. The location you
propose is ________________ and as it does not interfere with agricultural or forestry use
of the property (note: if the CE is a scenic CE or has public recreation you need to address
those issue too), is for the use only of you and your spouse and as the are you propose to use
does not exceed 15’ x15’, then we are agreeable to this memorial. Please accept this letter as
our approval of the same.
In addition to our written approval under the conservation easement, you may also need the
approval of the Town of ___________ under its zoning ordinance, and other state and
federal regulators. The best place to start is with your Town zoning administrator. Your
attorney can best advise you about any other government permits or licenses that may be
required.
If you have any questions, please call our Conservation Stewardship staff. Thank you.
Sincerely,
Project Counsel
C: Conservation Stewardship Office
Landowner attorney
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Managing Conservation Easements in Perpetuity