19-0305 Requested Exception for For-Profit Organizations

QUESTION

Regarding the exception Conservation and Parks Organizations in the LCC v1.2 Handbook, our client is a for-profit organization, but would like to apply for path (b) – "Allocation, as a part of this community, of an area of the owner’s existing property into a new conservation easement in perpetuity (cannot be an existing conservation easement). The new easement must be part of or contiguous with a minimum of 100 acres of intact and high value ecosystems that are set-aside in perpetuity."

We will meet this pathway, since we will set aside at least 100 acres of horizontal area of entire site for restoration/conservation. In total, we will have about 55% of the entire 500-acre site for restoration/conservation. All ecological restoration/conservation activities are to be lead by XXXXX Foundation, a non-profit counterpart of XXXXX Collective. Can the Collective, a for-profit organization, also apply this exception?

RESPONSE

The project has not made the case that the Community is primarily a park. It is not simply a question of conserving more than 50% of the land within the LCC boundary. The primary purpose of the Community must be the preservation of natural ecosystems in order to use this Exception. There may be controlled public access consistent with preserving high value ecosystems throughout the vast majority of the boundary and any buildings or infrastructure would be limited to a small area relative to the preserved area and be in service to ecosystem protection and consistent public access. In order to use this Exception, a Community must be owned by a non-profit whose mission is to preserve and protect natural habitats. Because it is a for-profit entity creating a mixed-use commercial & residential community, the XXXXX Collective, regardless of its affiliation with the XXXXX Foundation, is not eligible to use the Exception.

However, any land on or adjacent to the Community that is placed into a permanent easement through a partnership with a reputable land trust (in pursuit of I01 Limits to Growth requirements for developing countries building on greenfield sites) may count towards the area required to be offset for I03 Habitat Exchange as long as the land and land trust meet the requirements described in the Clarifications in the 3.1 LBC Place Petal Handbook (pages 29 and 30).