Adapting Conservation Easements to Climate Change

Conservation Letters

Adena R. Rissman²  Jessica Owley¹  M. Rebecca Shaw³ 

[1] SUNY Buffalo Law School, Buffalo, NY, USA;Forest and Wildlife Ecology, University of Wisconsin-Madison, Madison, WI, USA;Environmental Defense Fund, San Francisco, CA, USA

关键词: Administrative discretion;    climate change adaptation;    conservation easements;    environmental policy and law;    land trusts;    private land conservation;    protected areas;   

DOI  :  10.1111/conl.12099

来源: Wiley

【 摘 要 】

Abstract

Perpetual conservation easements (CEs) are popular for restricting development and land use, but their fixed terms create challenges for adaptation to climate change. The increasing pace of environmental and social change demands adaptive conservation instruments. To examine the adaptive potential of CEs, we surveyed 269 CEs and interviewed 73 conservation organization employees. Although only 2% of CEs mentioned climate change, the majority of employees were concerned about climate change impacts. CEs share the fixed-boundary limits typical of protected areas with additional adaptation constraints due to permanent terms on private lands. CEs often have multiple, potentially conflicting purposes that protect against termination but complicate decisions about principled, conservation-oriented adaptation. Monitoring is critical for shaping adaptive responses, but only 35% of CEs allowed organizations to conduct ecological monitoring. In addition, CEs provided few requirements or incentives for active stewardship of private lands. We found four primary options for changing land use restrictions, each with advantages and risks: CE amendment, management plan revisions, approval of changes through discretionary consent, and updating laws or policies codified in the CE. Conservation organizations, funders, and the Internal Revenue Service should promote processes for principled adaptation in CE terms, provide more active stewardship of CE lands, and consider alternatives to the CE tool.

【 授权许可】

CC BY-NC-ND   
Copyright and Photocopying: ©2014 The Authors. Conservation Letters published by Wiley Periodicals, Inc.

Creative Commons Attribution-NonCommercial-NoDerivs License, which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made.