15-0804 v2.X Land Trust Equivalence

Question:

CBF asked LBC to approve the Middle Peninsula Chesapeake Bay Public Access Authority (CBPAA) as an eligible alternative habitat exchange program (see Question 1 below). LBC responded affirmatively but apparently that decision rested on the mistaken assumption that the CBPAA is the same entity as the Middle Peninsula Land Trust. However, the two entities are different. Moreover, CBPAA is not a land trust, but a special governmental entity created by statute to acquire, hold and manage land for the provision of public access to Virginia waters. CBPAA has informed us that it would protect any parcel CBF wishes to protect at the same level that would be provided by a land trust, but use deed restrictions, rather than a land trust. Thus, CBPAA would acquire the property using funds provided by CBF. It would then record clear and stringent land trust-level deed restrictions that will protect the land in perpetuity. For more information on the CBPAA, here is a link to the Virginia law which created the CBPAA: http://law.lis.virginia.gov/vacode/title15.2/chapter66/section15.2-6601/

Here is also a link to the CBPAA website, which further elaborates upon what the CBPAA does and the many ways it manages land: http://www.virginiacoastalaccess.net/MPPAA_what.html. With this clarification, we ask LBC to confirm that the Middle Peninsula Chesapeake Bay Public Access Authority can provide an eligible alternate habitat exchange program.

Answer:

The Middle Peninsula Chesapeake Bay Public Access Authority (CBPAA) is an eligible alternative to an Accredited Land Trust Exception v3.0 I03-E3 Local Land Trusts. Even though it is not technically a land trust, a public entity protecting the land in perpetuity "at the same level that would be provided by a land trust" meets the intent of that Exception. Public entities operating under a resource extraction model are not eligible for this Exception. In order to demonstrate compliance, the team or CBPAA need to attest in their final Documentation that the CBPAA meets the basic elements of the Land Trust Alliance Standards and Practices not explicitly related to nonprofit status (http://www.landtrustalliance.org/topics/standards-and-practices), such as having responsible stewardship programs, conflict avoidance policies, etc.


Post ID 3064

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