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North Carolina's Assessment of Need (draft)
 

Frequently Asked Questions

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What is a conservation easement?

A conservation easement is a legal agreement a willing property owner makes to restrict the type and amount of development that may take place on their land. The conservation easement is either donated or sold to the state. In this agreement some land uses are prohibited or restricted through conveyance of certain land rights. The landowner retains title and all remaining land rights not specifically conveyed or prohibited in the easement.

What is a reserved interest deed?

It is a type of conservation easement which allows a willing landowner to retain specific rights of the land and all remaining rights are transferred to the state.

Are conservation easements binding on subsequent (future) landowners?

Yes. The terms of the conservation easement are perpetual and "run with the land". The original owner and all subsequent owners are bound by the restrictions of the easement. The easement is recorded at the county or town records office so all future owners and lenders will learn about easement restrictions when they obtain title records on the property.

Who are the grantor and grantee?

The grantor is the landowner who is willing landowner who is granting the conservation easement, either through charitable donation or by selling to the state. The grantee is the state who receives the conservation easement. In the case of a purchase of conservation easement from a willing landowner, the landowner (grantor) is the seller and the state (grantee) is the buyer.

How much will a willing landowner be paid for a conservation easement?

An appraisal will be done to determine the fair market value of the interests in lands proposed for the Forest Legacy program. Willing landowners will know the appraised fair market value when submitting their application and can be paid up to that amount. 

Who will develop application requirements and where would a willing landowner submit an application?

The state lead agency

Who will review applications, establish state priorities, and continue consulting with the willing landowner?

The State Forest Stewardship Committee, the state lead agency, and the Forest Service

What information will be in that application?

• Name, address and phone number of willing landowner
• All other owners of record for this tract of land and their addresses and phone numbers
• Name, address and phone number of any authorized agent representing the landowner(s) if applicable
• Location of the property
• Legal description of the property
• Copy of plat or survey map of the property, if existing. If only a portion of the property is being offered, identification of which part of the property is being offered.
• Tract acreage and total number of forested acres and cleared or open land acres
• List of existing permanent improvements on the tract, including houses, barns, lakes, ponds, dams, wells, roads, and other structures and facilities, and the total number of acres occupied by these improvements.
• If the landowner intends to reserve rights to resource management activities such as forestry or wildlife management. A copy or reference to the approved multiple resource management plan or Stewardship Plan will be included.
• List of significant scenic, natural, recreation, wildlife, forest and other resource values contained on the property
• Identification of all dams, dumps, or waste disposal sites on the property
• A signed statement giving the state and Forest Service permission to enter the property for review and appraisal purposes
• List of any encumbrances or liens existing on the property, including, but not limited to, contracts, leases, or outstanding rights not of record

Public access is a property right. The purchase of an easement will NOT necessarily authorize public access unless the willing landowner chooses to sell that right as part of the easement. 

How strong can the terms of the easement be?

The conservation easement can be specific as the willing landowner, state lead agency, and the Forest Service agree to. It is to everyoneís benefit to clearly define, in as much detail as warranted, the terms of the conservation easement.

One of the goals of the Forest Legacy program is to ensure that traditional forest uses are protected and maintained. One traditional use in many areas is public access. Public access is one interest that may be sold by a willing landowner. If public access is acquired, the conservation easement will describe what rights of access the public will have, and, if appropriate, what constraints will be places on public access by either the landowner and/or the state agency responsible for managing those interests.

What lands will be eligible for the Forest Legacy program?

Forest Legacy Areas will be designated in states wishing to participate in the program. These areas will be described in an approved Assessment of Need. These areas include forest lands with significant environmental values at risk to conversion to non forest uses. Since Forest Legacy Area boundaries may not correspond to property boundaries, any tracts located partially within the Forest Legacy Area will be eligible for the program.

Will landowners be required to have a Forest Stewardship Plan to enroll in Forest Legacy?

A Stewardship or similar multiple resource management plan is required for land enrolled in the Forest Legacy program, unless the landowner does not retain the right to harvest timber or conduct other land or resource management activities. Land owned by industry does not qualify for the Forest Stewardship program. Therefore, a multiple resource management plan that meets state requirements would be needed for an industry to enroll in the program.

Landowners are encouraged to contact the State Forester to obtain information on Stewardship Management Plan standards. Plans are not to limit landownerís management of their forests, but are to ensure that landowners receive professional advice on how best to manage their forest land to meet the goal(s) and objectives of that landowner.

Priority will be given to lands which can be managed effectively and which have important scenic or recreational values, riparian areas, timber, fish and wildlife values, including threatened and endangered species and other ecological values. In addition, priority will be given to the most cost effective projects; those in which the landowner is willing to donate part of the value of the easement.

What is the purpose of the Assessment of Need?

• to document the need for a Forest Legacy program in the state
• to establish eligibility criteria specific to the state
• to identify and delineate boundaries of forest areas meeting the eligibility requirements for designation as Forest Legacy Areas
• to recommend areas to the Forest Service and Secretary of Agriculture for inclusion in the Forest Legacy program

It should present and analyze relevant information about the forest resources in the state utilizing existing data and public comments. The following resources should be addressed at a minimum as they relate to the goals and purposes of the Forest Legacy program in the state:

• forested areas threatened by conversion to non forest use, in both the short and long term
• forest resources including:
• aesthetic and scenic values
• fish and wildlife habitat, including threatened and endangered species
• minerals resource potential
• public recreation opportunities
• soil productivity
• timber management opportunities
• watershed values
• historic uses of forest areas, trends and projected future uses of forest resources
• current ownership patterns and size of tracts and trends of future ownership patterns
• outstanding geological features
• demographic trends as they relate to conversion of forest areas
• other ecological values

Using the results of the analysis of the forest resource information, including public comments, the State Forest Stewardship Coordinating Committee determines

• specific goals and objectives to be accomplished by the Forest Legacy program
• guidelines to be used to determine the priority of interests in lands to be acquired
• identification of applicable eligibility criteria
• identification, description, and mapping of specific Forest Legacy Areas for designation

• Relevant information about both public and private forest lands.
• It should analyze the issues of how to best maintain the integrity of forest lands for future generations

Yes, on the recommendation of the state lead agency and the State Forest Stewardship Coordinating Committee, revisions and amendments to the Assessment of Need can be made. These must be approved by the Forest Service before they take effect.

Will the National Environmental Policy Act (NEPA) apply?

NEPA does not apply to the independent actions of states or private property owners. It has no applicability to a private property ownerís use or development of his or her property rights. NEPA applies only to the actions of the federal government, not actions by a private property owner; therefore it has no application to Forest Legacy conservation easements. The terms of the conservation easement, not NEPA, are what govern the future management of the property.

How is the Forest Legacy program handled under NEPA?

A Programmatic Environmental Assessment has been completed for the Forest Legacy program and is available from the Forest Service. A Finding Of No Significant Impact (F.O.N.S.I.) was signed by the Chief of the Forest Service on June 9, 1992.

How will citizen suits be handled in the Forest Legacy program?

The Forest Legacy program will NOT give the public any additional standing to sue private landowners.