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Conservation Commission

Conservation and More

              by Bruce B. Beckley

Issue #90, October, 2000
An Open Letter

Dear Bob,

The recent discussion with the Selectmen about protecting town-owned land, specifically the Bragdon Farm, set me to thinking that others in town probably have similar concerns. This open letter is an attempt to describe the current ACC practice and procedures and respond to you about placing a conservation easement on some of our town-owned properties.

Land Protection Goals - The ACC has a long-established Master Plan which is consistent with the Town of Amherst Master Plan. With these goals before us, we have identified several parcels of presently undeveloped land we think would benefit the town to own. In choosing these we consider the following: maintaining open space for its own sake, protecting present and future drinking water sources, connecting existing conservation parcels to reduce habitat fragmentation, encouraging diversified habitats for diversified species, aesthetics of viewsheds and roadways, potential for non-damaging passive recreation by residents and environmental education possibilities.

Land Management Objectives and Authority - The ACC was created in 1966 when Amherst voters adopted state law RSA 36-A permitting towns to have conservation commissions. Other laws that affect the commission operation and funding have since been adopted. Under RSA 36-A:4, the ACC is empowered to receive gifts of money and property in the name of the Town to be managed and controlled by the commission.

Many mechanisms are provided for acquisition including: gifts, purchase, grant, bequest, easement, covenant or contract. The ACC is authorized to maintain, improve, protect, limit the future use or otherwise properly utilize open spaces and other land and water areas. (While the RSA does not specifically refer to recreation on conservation land, it has been and is the ACC position that non-damaging personal recreation that gets folks out into the woods is beneficial to the conservation effort.)

Ensuring the Conservation Goal - Robert Frost writes in Mending Wall that "Good fences make good neighbors." Just as a carefully crafted stone fence avoids future squabbles between neighbors, so careful thought to long-term land protection at the time of transfer can avoid misunderstandings down the road. What may seem obvious to commissions or voters today may not be understood or desired by the public years, even decades from now.

Deeds or other weighty documents should clearly specify the intent of the parties that the land be dedicated forever to conservation goals. Deeds for recent ACC acquisitions incorporate the words, "(seller) grants to the Town of Amherst, NH to be managed by and through the Amherst Conservation Commission pursuant to NHRSA 36-A a certain parcel of land (described)." This is deemed to express the parties' wishes for "perpetuity and a day", as you have phrased it.

Another vehicle for long-term protection is a conservation easement. Such an easement may be created by the owner at any time or the donor of a parcel prior to transfer. Easements are recorded and may include specific covenants. They may also allow certain activities which are not contrary to the overall intent of the easement. For instance, if a conservation easement were in effect for the Bragdon Farm and a future commission or the voters decided to make a buck by mining gravel from the old ski slope, the holders of the easement could bring court action to halt the removal.

This brings up the question of who holds the easement and assumes the right to defend it. A conservation commission may purchase or hold an easement. This is appropriate for land that is only protected by the easement (not held in fee). For land owned by the Town for which the deed does not specify management by the ACC for conservation purposes, an effective way to ensure perpetual protection is to add the tier of a conservation easement. In this situation, the easement could be held by a land trust, the Fish and Game Department or the Society For the Protection of New Hampshire Forests.

Cases In Point - The Forest Society is currently working with several municipalities to place public lands under protective easements. Dublin, Lebanon, Nashua and Sullivan County are some of the governmental bodies effecting easements with the Society. Amherst could join the growing list.

The ACC believes conservation easements on the Bragdon Farm and several other parcels would be effective insurance that the historical votes of the Town and its conservation commissions stand up to future tests.

I hope these non-legal notes help you in your effort to ensure that the intent of your wonderful gift is not lost. The ACC is ready to help if further information or steps are desired.

Bruce B. Beckley

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