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Date: 3/16/2023
BRIMFIELD — The Brimfield Conservation Commission hosted an informational session during its March 8 meeting to discuss the Forest Legacy Program regarding landowners conserving their land with a conservation restriction.
The MassConn Sustainable Forest Partnership, coordinated by Opacum Land Trust, was recently awarded a Forest Legacy Program grant to protect 1,011 acres of forest in the region. Over the next several years, the grant will be implemented, bringing in $2.5 million to protect that land.
Opacum Land Trust Executive Director Laney Wilder attended the meeting to answer questions about the conservation restriction as the town is the “holder” of the grant. She was joined by Opacum Board of Director Scott Gerrish, who is also the landowner of the grant for the property off of Prospect Hill Road.
Conservation Commission member Jerry Knouse said the Select Board is responsible for all town owned property, but this is not town-owned land, which is why the Conservation Commission is the board responsible for managing it.
Wilder said, “With a [conservation restriction], we essentially describe it as the development rights of the property. The town would hold those development rights through this deed restriction so that the land would not be developed.”
Therefore, Wilder said the current landowners would continue to utilize the land for forestry, recreation practices and more, but it would have to stay in its natural development rather than become a developed one. The Conservation Commission would be responsible for monitoring the land to make sure it stays that way.
Wilder explained that the property will need to be checked once a year. For instance, this might include a walk along the property or sending out a questionnaire to the landowners. She said she would share examples on how Opacum monitors its conservation restriction, to give the Conservation Commission a general idea.
Gerrish noted that he would take any interested members on a walk along the boundaries to share his management plan and what he would like to accomplish.
Unless the landowners give permission for public use, it stays private land.
Currently, Gerrish said he allows people to go on his property to hunt, among other activities. “We don’t restrict anything at the moment,” he shared.
When the land is passed on, Wilder said there may be more conversations with the new owners on what the conservation restriction is — what it allows and does not allow – to make sure the future owners are “good stewards” of the land.
“Even though it’s called a conservation restriction and the language of the [conservation restriction] is enforcement, I think it’s really more about relationship building and just having that good communication about what this restriction means – which is essentially not allowing development of the land – and then making sure to have good conversations with the landowners,” explained Wilder.
She continued, “Most landowners who do this care about their land and really want to see it stay natural and stay open and undeveloped. This is being put in place now for the future, so future landowners know what is permitted from this restriction that goes with the land.”
Gerrish noted that it does not cost the town any money. “It does cost time — which time is money — but the outright to protect that property is not costing the town anything financially.”
He added that when you come into Brimfield, this property is the ridge you see, so he believes it is important to protect.
One of the requirements of the Forest Legacy Program grant is that 75 percent of the property stays forested, shared Wilder.
As far as next steps go, Wilder said she would be contacting Select Board Administrative Assistant Theresa Cofske to set up a time for the town lawyer to review the conservation restriction and ask questions before the process is too far along. Then, she will submit the conservation restriction to the Forest Legacy Program coordinator. Wilder said she would like this to be completed by the end of the year, but there is some work that the Forest Legacy Program needs to do on their end.
She noted that there is only a certain amount of time for the grant funding. If an extension is needed, she said they can obtain one as it is “not unusual,” but now that the “big part” of drafting the CR is done, she would like to try to move this along.
A motion was made to make the Conservation Commission the holder of the conservation restriction. The motion was seconded and unanimously approved. Wilder said the next time she would go before the Conservation Commission would be later in the year to collect more signatures.
Wilder encourages anyone interested in learning more about Conservation Restrictions, Opacum Land Trust and grant projects like Forest Legacy Program, to attend Opacum Land Trust’s Annual Meeting Breakfast on April 15 at 10 a.m. at the Holland Community Center, 40 Brimfield Rd., Holland. The event is open to everyone. To RSVP, visit https://www.opacumlt.org/news/am23.