Landowners are required to notify the Watershed Agricultural Council upon conveyance or lease of an easement encumbered property. Notification is important because it allows the Council to track current ownership of a property encumbered by a WAC easement, as well as track retained rights associated with each property.
Because a property restricted by a conservation easement may be wholly or partially transferred from one property owner (grantor) to another, land trusts such as WAC, must ensure that each current owner of a conservation easement encumbered property understands the terms and conditions of the conservation easement through regular and consistent stewardship.
Notifications of conveyances of an existing or subdivided tax parcels are important because the landowner must distribute retained rights (such as agricultural and recreational structure square footage, new residential structures, subdivisions, and Future Development Areas) across respective properties that will be encumbered by the original grantor easement.
WAC staff has developed an Allocation Tracking Form for each property that will be reviewed with each property owner during their annual ground monitoring visit to ensure that the Council and respective landowner are in agreement about remaining retained rights for individual properties. There are currently no Notification Guidelines in place. Guidelines are planned for development in 2012.