Frequently Asked Questions - Monitoring Conservation Easements

Why does the Conservancy monitor my easement?
How often does the Conservancy monitor my easement?
Are there any circumstances in which the Conservancy would monitor the easement more than once a year?
Who monitors my easement?
What type of training do the monitors receive?
When does the monitoring occur?
May I accompany the monitor during his/her visit?
What happens during the monitoring process?
What happens if the monitor finds something that may be an easement violation?
What does the Conservancy do with the monitoring photos and reports?
What do I do if a third party, such as a neighbor, is doing activities on my property that may be violating the easement?
Who should I contact if I have a question about my easement or the monitoring process?

Why does the Conservancy monitor my easement?
We are mandated by Federal and State law to monitor, uphold and defend if necessary, the provisions of the easements held by the Conservancy. Monitoring also gives us the opportunity to establish and maintain good communication and a positive relationship with the landowners of easement properties. Monitors can make sure landowners’ questions are addressed, help them understand their easement and provide them with stewardship assistance. If they don’t have the answer, they will make sure to get the right answers for you.

How often does the Conservancy monitor my easement?
We are required to monitor at least once every 12 months. Additional visits may be scheduled with the landowner, if needed.

Are there any circumstances where the Conservancy would monitor the easement more than once a year?
If the Conservancy becomes aware of a potential easement violation, we have the right to complete additional monitoring visits to identify and evaluate the potential violation.

Who monitors my easement?
The Conservancy is very fortunate to have many dedicated volunteer monitors. They are members of our community, many of whom have conservation easements themselves. The monitors are carefully trained and also sign a Confidentiality Agreement with the Conservancy to protect the privacy of the landowners and properties they monitor. Typically, he/she will monitor the same properties each year.

What type of training do the monitors receive?
Monitors receive on-going assistance from the Conservancy, but also are required to attend an annual Monitor Training Event each spring. Guidelines and procedures for contacting and meeting landowners, how to monitor properties and proper reporting after monitoring are reinforced each year. Other topics such as reading maps and surveys, responding to questions, identifying invasive plants or using a digital camera are part of the training also.

When does the monitoring occur?
The monitors will contact each landowner by phone, email or mail to schedule their monitoring visit. Typically, this will occur approximately once per year around the same time each year. The visit is scheduled at a mutually convenient date and time for both the landowner and monitor.

May I accompany the monitor during his/her visit?
Landowners are encouraged to join the monitor. When scheduling the visit, the monitor will invite you to join him/her; however, landowners are not required to attend the monitoring.

What happens during the monitoring process?
The monitor will walk the entire property under conservation easement. He/she is required to document any changes that have occurred on your property since the last monitoring visit, such as cut trees, a newly built shed or driveway, littering issues or stewardship activities. The monitor may take photos and write a description of these changes. Documenting all changes helps the Conservancy determine if the property is being maintained in compliance with the conservation easement. Photos help the monitor compare the character of the property from one year to the next. The monitor may also offer helpful stewardship advice, if the landowner is interested.

What happens if the monitor finds something that may be an easement violation?
Monitors may only document changes on the property. They may not determine whether a property is in compliance or violation of the easement. Monitors are required to submit their photos and a brief descriptive written report to the Conservancy. It is the job of the Conservancy to determine if an easement violation has occurred.

What does the Conservancy do with the monitoring photos and reports?
The photos and reports are kept in a permanent file at the Conservancy. No one other than Conservancy staff and monitors have access to these files. The photos and reports help the monitors compare any changes on the property from year to year.

What do I do if a third party, such as a neighbor, is doing activities on my property that may be violating the easement?
First, contact the local township police to report a trespassing issue and for legal assistance. Next, contact the Conservancy and alert us to the problem. By contacting us as soon as possible we can help you identify if a violation has occurred and help you determine a course of action. The landowner is expected to respond in a timely manner to stop the violation and seek remediation for any damage to the resources protected by the easement.

Who should I contact if I have a question about my easement or the monitoring process?
Please contact Kelly Germann, Resource Protection Manager tcresource@frontier.com or Jim Engel, Executive Director by email or by phone at 610-294-1077.