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 Stewarding The Land

  For All Time

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Conservation Covenants

 

 

       There are a variety of ways to protect natural areas. 

Conservation Covenants
are one tool designed to permanently protect lands that have significant natural values.

A Conservation Covenant is a legally binding written agreement between a landholder and an authorized covenanting agency such as Nanaimo & Area
Land Trust (NALT).

The purpose of a conservation covenant is to protect a property, or certain features of a property, in perpetuity.


A Conservation Covenant may be a good option when
 the landholder wants to preserve the propertys special features  
 the land meets NALT's guidelines for holding a conservation covenant, and 
 the land has important values that need permanent protection.


NALT may agree to place a Conservation
Covenant in order to preserve or
restore
natural green spaces              wildlife habitat
 forest stands                        damaged watersheds or watercourses
rare and endangered plant or animal species

 

 

A Conservation Covenant may change the way a property is used, by
  restricting actions such as cutting native vegetation or building structures
  restricting sub-division of the land
  fencing an area around a stream or endangered habitat
  removing invasive species such as Scotch broom
  maintaining or improving a property to specified conditions.

NALT monitors Conservation Covenants by
  making an inventory about features and conditions of the
       land when the covenant is registered
  conducting annual site visits to ensure the terms of the
       covenant are upheld.


Landholders are invited to take part in the annual monitoring process. Following a
site visit, they are asked to review and sign the monitoring report.

 

A Conservation Covenant ensures permanent protection because
it is registered against the land title and is binding on the present and all future owners of the land. The landholder still holds title to the land and has all other
usual rights and responsibilities -- including the right to control access and to sell
or bequeath the land, but must uphold the terms of the conservation covenant. 
           

Conservation Covenants work better than restrictive covenants because
the initial request for a conservation covenant comes from the landholder, who then participates in the process of designing an individually tailored document.
The conservation
covenant is monitored regularly, and enforced when necessary.

Conservation Covenants are not easy to amend, but
under special circumstances they can be modified by a joint agreement between
the landholder and the covenant holders.

Sometimes Conservation Covenants provide the landholder with tax
benefits, but
so far there are no hard and fast rules about tax benefits for lands in British
Columbia. Each case must be individually assessed
by a tax professional.

NALT currently holds 7 conservation covenants, and is in the process of
covenanting 2 more properties.  NALT also provides information and advice to land owners who are interested in pursuing this option.

To Begin the Process  . . .
contact NALT's Conservation Covenants Coordinator, and arrange a visit to your property to assess the features of the land and discuss the costs and benefits of 
a conservation covenant.

 

If the property meets NALT's criteria for a conservation covenant, the Coordinator will 

work with you to design a document that reflects your needs and the needs of your land.

                                                                             
                                    For more information contact:

 Nanaimo & Area Land Trust 

Anne Kerr
Conservation Covenant Coordinator
Tel/Fax: 714-1990

E-mail: admin@nalt.bc.ca
or visit our Stewardship Centre at:
 #8 140 Wallace St. 
  Nanaimo, BC V9R 5B1