Conservation Easements in Alberta

This website was created by the Environmental Law Centre and Miistakis Institute to help landowners, land trusts, municipalities and others find answers to questions related to conservation easements in Alberta. You can browse our top ten questions below or type into the search bar to see what other questions are answered on the site.

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Nature Conservancy of Canada


CONTACT INFORMATION

Conservation Operations
Nature Conservancy of Canada
#830-105 12th Ave. SE
Calgary, AB T2G 1A1

Toll-free: 1-877-262-1253
Email: alberta@natureconservancy.ca
Website: http://www.natureconservancy.ca/en/


Organization's mandate

NCC is a private non-profit organization working for the direct conservation of Canada's biodiversity through purchases, donation, or placing of conservation easements on ecologically significant lands.


Geographic area of conservation program

NCC is a national land trust working all across Canada. There are priority conservation areas in each of the natural regions of the province: Grassland, Rocky Mountain, Parkland, and Boreal Forest.


Areas (geographic) of particular focus

NCC, using a detailed conservation planning process, has determined areas of Canada that are ecologically intact. In Alberta, this has resulted in 12 natural areas; 4 in the Grassland natural region, 5 in the Rocky Mountain, 1 in the Parkland, and 2 in the Boreal Forest.


Thematic or ecological areas of focus

Generally, NCC's focus is conservation of native habitat and the species that use it. More specifically, each of the priority natural areas has unique foci and goals based on the type of habitat within that natural area and species present there.


Donation or sales

NCC primarily accepts donations of conservation easements, and the vast majority of their easement holdings were donated. However, they have purchased easements. The ability to purchase is largely based natural area priorities and on whether funds are available.


Compensation

NCC will provide compensation as a tax receipts, in cash (up to 20% of bareland fair market value), or a split receipt - combination of both. When using a split receipt, NCC will compensate the landowner with up to a 20% payout, and the remainder offered in a tax receipt.


Minimum parcel size

Generally NCC will only work on projects160 acres (1/4 section) in size or larger. While any block of habitat has value, smaller parcels do not warrant the amount of funding and staff resources NCC requires to conserve and steward that property over the long term.


Associated programs

Conservation easements are one of many tools NCC offers landowners. NCC also purchases land; accepts donations and bequests of land; and purchases or accepts donations of mineral or timber rights. NCC has facilitated conservation projects between government and interested sellers, such as the set-a-side of the Whaleback region in Alberta (1999), the Flathead Valley project in B.C. (2011) and Grasslands National Park (late 1980s). They also offer stewardship and outreach-based programs in the communities where they work, such as the Stewardship Credit Program - an example of grassbanking.


Relationship with landowners

NCC states that building a long term and trusting relationship with landowners is integral to their success and to the success of the conservation easement agreement. NCC aims to be transparent and realistic when speaking to landowners at all times, and values the landowner's input and opinions about the land, wildlife and its management. NCC maintains regular contact with easement landowners (at least annually), and encourages the landowners to contact them at any time to discuss the easement or any aspect of their land.


Support for landowners

NCC will cover the cost of a land appraisal if a conservation easement is completed; the landowner is asked to cost-share this expense if, after negotiations, an agreement is not made. The landowner is guided by staff through the many steps of completing an easement. NCC staff will also provide guidance on the practical and legal aspects or the agreement including the Eco-gift program, if that landowner wants that guidance.


Stewardship activities

WHO: NCC staff (including summer students) monitor all conservation easements annually through site visits, aerial monitoring, landowner discussions or a combination of these methods. Monitoring allows NCC to connect personally with the landowner, discuss concerns or questions, and maintain a positive, long-term relationship.

HOW OFTEN: Annually.

INFORMATION PROVIDED: NCC is currently focusing on the actual restrictions of the CE when monitoring. A written report is provided to the landowner annually commenting on the status of the conservation easement, any concerns either party may have, and proposed solutions.


Endowment fund

NCC Alberta contributes to a national Stewardship Endowment Fund upon the completion of all conservation easement or fee simple projects. NCC Alberta then draws on that fund annually to complete stewardship activities associated with the easement project (landowner visits, monitoring, legal obligations, range and riparian health assessments, etc.).

Money for the endowment fund contribution is raised in a variety of ways. One way is through discussions with the landowners about providing that contribution. Often, the landowners have a vested interest in the long term viability of their easement, and want to ensure NCC has the funds and tools to steward their easement in perpetuity. This funding may come from other sources as well.


Grazing

Grazing is allowed where it is a normal land use for the habitat type. Grazing or some kind of disturbance regime is required for the maintenance of Alberta's native grasses. The easement is written to restrict specific developments and activities on the property, and each easement is unique to that specific project. NCC completes periodic detailed range and riparian health assessments of easement properties where grazing occurs and shares this information with the landowner. Where grazing occurs, it is specified in the easement that the ecological integrity of the land be maintained or increased over time using grazing as a tool to achieve that.

NCC acknowledges that ranching is a business, and at times business decisions need to be made. They request that conservation easement landowners work closely with NCC when issues arise regarding grazing, stocking rates, weed management, water developments etc. In many instances NCC can provide assistance in the form of advice, professional opinion, or even funds to complete integral stewardship projects on easement properties.


Public access on conservation easement lands

Not a requirement of a conservation easement - the landowner retains ownership of the land and thus controls access to the easement property. In most circumstances, commercial recreation activities are restricted on the property as per the conservation easement.


Defense fund

NCC does not have a specific defense fund. NCC has designated its stewardship endowment fund to provide assistance in the event of any legal defense. This has been factored that into the required endowment fund contribution amount.

Photo Credit: Karol Dabbs