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Rally 2023: The National Land Conservation Conference

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E04. Success in Holding Mitigation Bank Conservation Easements

The Land Trust for Louisiana (LTL) currently holds 14 conservation easements (servitudes) with one pending on wetland mitigation banks and mitigation areas in Louisiana that total over 6,000 acres. These projects have generated over $450,000 to cover acquisition, stewardship, and legal defense costs. There are several roles a land trust can play in relation to regulatory mitigation, including easement Holder, Long-term Manager, or Mitigation Sponsor, with the least risky being the Holder. The New Orleans US Army Corps of Engineers (USACE) and many other districts require third-party conservation easements for all wetland mitigation banks. Having an accredited land trust to hold the easement helps benefit the Mitigation Sponsor and Manager who need someone to play that role to allow the project to happen, and has created an opportunity for LTL. Conservation easements differ somewhat than typical easements. For example, USACE districts typically have their own easement template and are reluctant to vary the language significantly, but LTL has had success in getting minimal language added that was recommended by the LTA. Land trusts must also introduce their USACE districts to the need for a Baseline Documentation Report in addition to the standard Mitigation Banking Instrument. Land trust need skilled staff in negotiating with mitigation consultants representing bank sponsors as well as the USACE, but once acquired, the process is relatively routine. Holding conservation easements for regulatory mitigation projects can come with minimal risk and full funding of easement project costs. In addition, unlike many land trust projects, they become high quality habitats, as the mitigation sponsors and managers are required to fully fund restoration and management in perpetuity.
  • 2022 Schedule – Central Time
  • 2023 Schedule-At-A-Glance

RALLY 2023 • National Land Conservation Conference

September 6-9, 2023 • Portland, OR
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