Approaching Accreditation
In 2004 the Land Trust Alliance commissioned a group of land trust leaders to study the best way to ensure long-term public confidence in land trusts. The result of that process was the development of a voluntary accreditation program for land trusts. Since then, the Land Trust Accreditation Commission formed and developed an accreditation program which is currently being tested in advance of a 2008 public launch.
Not surprisingly, accreditation is a topic of considerable interest to Maine’s land trust community. At the top of people’s minds are questions about when to enter the accreditation process, how to do so without loosing ground on other projects, and what resources are available to help them prepare.
One of the most important considerations for land trusts to keep in mind is that the entire accreditation process is built upon the very Land Trust Standards and Practices that most land trusts in Maine adopted long ago. In other words, what candidates for accreditation will be judged upon will, in many cases, be activities that land trusts are already engaging in – albeit the accreditation process will require more formalization of many of these activities. The accreditation process will be rigorous, but it should not present land trusts with a slate of foreign concepts.
Many land trusts are approaching accreditation incrementally. Many groups will be working over the next few years to assess and put in order the policies and documentation that will be required of a successful application. An incremental approach allows organizations to evaluate where they are, what they need to do, and develop a plan for doing so over the coming few years while maintaining their on-the-ground conservation efforts.
Another common theme of conversation relates to the benefits of accreditation. Will all the work – and it will be considerable – preparing for accreditation be worth it? Beyond the public assurance that your organization is operating in accordance with sounds practices, an accredited organization will have strong institutional procedures that will have distinct benefits. In the words of Scott Dickerson, Executive Director of Coastal Mountains Land Trust - one of the participants in the accreditation pilot program – “Preparing for accreditation and completing the application provide a land trust with a truly comprehensive ‘hit by the bus’ folder of core information.” In other words, organizations that have gone through the application process will have solid records for managing their organization and conservation properties that will convey key procedures, decisions, and other critical information to future staff and board members. It will create the institutional memory that is so important to any land trust.
Preparing for accreditation may seem a daunting task, but the program is designed (and is currently being tested with this in mind) to be achievable by any land trust committed to putting the policies and systems in place to ensure the ethical, legal and technically sound operation of the organization and long-term protection of land. And thankfully in Maine we have a strong community of land trusts willing to help and learn from one another.
Considering accreditation? Check out these helpful resources.
- Land Trust Accreditation Commission
- Land Trust Operations Circuit Rider
- Land Trust Alliance
- Maine Association of NonProfits
News from Our Members
Androscoggin Land Trust received a Land for Maine’s Future grant to help conserve a scenic, 14-acre parcel (with sand beaches and a trail network ) along the Androscoggin River within walking distance of downtown Lewiston/Auburn. ALT also received LMF funding for protecting a 195-acre working farm along the Androscoggin River in Lisbon, and a 325-acre tract adjoining Androscoggin Riverlands State Park.
The Forest Society of Maine recently received a generous donation of 860 acres of forestland in Argyle that abuts Hemlock Stream and provides diverse wildlife habitat.
Greater Lovell Land Trust (GLLT) launched its trademark “Cranberries for Conservation” program last fall, with volunteers venturing into the bogs at the Kezar Outlet Fen to pick 50 pounds of wild cranberries that were cleaned, packaged and shipped around the country. The Cranberries for Conservation™ fundraiser seeks to instill a renewed appreciation for the natural bounty of the region’s land and waters.
Mahoosuc Land Trust, working in collaboration with many other organizations, published a plan for the Mahoosuc Region of Maine and New Hampshire that grew out of the Mahoosuc Conservation Initiative.
Maine Farmland Trust now holds an agricultural easement on a 128-acre farm in Palermo. The easement protects the farm’s open fields and woods from commercial or residential development.
The Northeast Wilderness Trust recently completed a two-year campaign to preserve a 1,500-acre property located in the watershed of Alder Stream (near Dover-Foxcroft). A bargain sale purchase enabled NWT to protect this vast and remote area, which offers a diverse array of biologically rich habitats and wild places for people to explore.
The Nature Conservancy recently accepted an anonymous donation of 1,910 coastal acres in Phippsburg—the most valuable individual land gift in the Conservancy’s 50-year history in Maine. The Conservancy is now raising funds for stewardship of the new Basin Preserve.
Three Rivers Land Trust holds an easement on this property in Shapleigh, which includes 19 acres of fields (affording beautiful views of Mt. Washington from a public road) and 95 acres of forestland. One family has owned the farm for more than 100 years and continues to maintain the hayfields.
Vinalhaven Land Trust has acquired three parcels at Fish Hook Point and combined them to form a new preserve. VLT purchased two properties and was given 12 acres in fee to create the 15.5-acre preserve.
Land Trust Profile: Orono Land Trust
Orono Land Trust (OLT) is a small land trust with a large vision. Based in a town of 6,500 people, the all-volunteer trust has gradually enlarged the scope of its work – becoming an effective force for regional land protection in the Greater Bangor area.
The land trust set out 20 years ago with a goal of having “trails within a 15-minute walk of every household in town,” says Sally Jacobs, who was OLT’s Founding President and remains an active board member. All 15 of the Trust’s preserves have recreational trails and the Trust holds seven additional trail easements.
Within the Orono town limits, the Trust works to integrate green space with development and foster smart growth. “We seek to work with developers, the Town and the community to get trail easements,” notes OLT President Gail White, “and to ensure that new growth is as good as it can be.” OLT was able to acquire one preserve through a little-used approach, working with the Maine Department of Transportation on State mitigation projects (in which DOT protected land in exchange for wetland parcels disrupted by highway construction).
With each property it acquires, the Trust does site-specific long-term planning – choosing management strategies that reflect the needs of the land and the community. “Among the 185 acres we own and manage,” White says, “we have tremendous variety of wild and managed settings – from in-town trails and forest to lakefront, bog and vernal pools.”
Over time, OLT board members came to appreciate that land conservation needed to extend across municipal boundaries and reflect broader landscape features. “We’ve come to realize that regional planning and collaboration are critical,” Jacobs says. To facilitate more regional conservation, OLT helped establish the Bangor Land Trust and the Veazie Land Association (an arm of OLT that handles its own projects, stewardship and media outreach). It is active as well in overseeing the Orono Bog Boardwalk, a cooperative project of the University of Maine and City of Bangor. These partnerships work well, Jacobs believes, “because each land trust cooperates while retaining its own focus and personality.”
Three years ago, OLT further expanded the scope of its work by launching — with the Bangor Land Trust — an ambitious, five-town effort to create an 18,000-acre corridor which would include about 6500 acres of conserved lands along the eastern side of Pushaw Lake (see map). The Caribou Bog-Penjajawoc Project already has secured 1,200 acres. The goal is to preserve additional blocks of land and connectors that would provide critical linkages between existing conservation lands.
Part of this small trust’s great success White credits to its dedicated volunteers: “We have a highly skilled and well-rounded board so we can look at issues from many different sides. We’re not a wealthy trust, but we have many people who are generous with their time and talents.”
Land Trust Standards & Practices
This is the fifth article in a 12-part series that describes the ethical and technical guidelines for operating a land trust responsibly. The following excerpts are adapted with permission from the Land Trust Standards and Practices: full text is available from the Land Trust Alliance (www.lta.org).
Land Trust Standard 5: Fundraising
The land trust conducts fundraising activities in an ethical and responsible manner.
Fundraising is a critical and ongoing activity of every active land trust. It is also an area that is highly regulated by law. Land trusts should approach fundraising as a way to meet short-term needs, build long-time supporters, and enhance the credibility of the land trust. In addition to complying with the practices here, land trusts can consult standards published by the Better Business Bureau’s Wise Giving Alliance (www.give.org).
Practice 5A: Legal and Ethical Practices
The land trust complies with all charitable solicitation laws, does not engage in commission-based fundraising, and limits fundraising costs to a reasonable percentage of overall expenses.
Nonprofit organizations in Maine must comply with the state’s Charitable Solicitations Act and the Maine Nonprofit Corporation Act (see http://www.maine.gov/pfr/professionallicensing/professions/charitable/laws.htm).
Each trust’s governing board should carefully calculate fundraising expenses. The Wise Giving Alliance suggests spending less than 35 percent of related contributions on fundraising. Most larger, established groups should strive to keep their combined fundraising and overhead costs in the 10- to 30-percent range.
Practice 5B: Accountability to Donors
The land trust is accountable to its donors and provides written acknowledgement of gifts as required by law, ensures that donor funds are used as specified, keeps accurate records, honors donor privacy concerns, and advises donors to seek independent legal and financial advice for substantial gifts.
A charitable gift can only be considered a deductible contribution when it is given with no anticipation of receiving—or commitment to receive—something of substantial value in return. The IRS requires charities to advise donors what portion of their gift is deductible, based on the fair market value of benefits provided (except those considered to be of “insubstantial value,” such as non-commercial newsletters or “token items”). Land trusts should provide donors of gifts valued at more than $250 with written documentation of their gifts (that donors must retain to qualify for a deduction).
Practice 5C: Accurate Representations
All representations made in promotional, fundraising, and other public information materials are accurate and not misleading with respect to the organization’s accomplishments, activities and intended use of funds. All funds are spent for the purpose(s) identified in the solicitation or as directed in writing by the donor.
Providing detailed, factual information gives potential donors a clearer understanding of the land trust’s efforts, inspiring greater confidence in the organization and enhancing fundraising success. Avoid making exaggerated claims (about past achievements or future plans) and be careful that any budgetary figures cited are backed by accurate financial information.
Land Trusts may face potential surpluses or shortfalls in restricted fundraising campaigns. Specify in advance what will happen with any surplus (e.g., creation of a property endowment or stewardship improvements) or what will happen if the trust fails to meet its fundraising goal or match (e.g., the funds will be applied to other organizational projects). If a trust is unsure of its ability to raise sufficient funds, it can solicit binding written pledges (which it then calls in only if it meets its goal).
Practice 5D: Marketing Agreements
Prior to entering into an agreement to allow commercial entities to use the land trust’s logo, name or properties, the land trust determines that these agreements will not impair the credibility of the land trust. The land trust and commercial entity publicly disclose how the land trust benefits from the sale of the commercial entity’s products or services.
Marketing agreements are regulated by federal law and should be approached cautiously as they can damage the land trust’s credibility. The Wise Giving Alliance (www.give.org) recommends that the organization clearly state how it will benefit from the sale of products or services (e.g., what percentage of the purchase price will go to organizational programs and any maximum or minimum agreed to) and the duration of the agreement.
Steward’s Corner: Liability and Insurance
Maine land trusts benefit from the State’s landowner liability law, which is among the strongest recreational use statutes in the country. First enacted in 1979, this law greatly limits the liability of private landowners who provide public access for recreation and harvesting. It has limited potential suits, as well, by providing that the person bringing suit must pay the landowner’s legal fees and court costs if they lose.
Maine’s landowner liability law covers most outdoor recreation and the harvesting of resources such as shellfish and berries (even if those harvesting sell their products). It also protects volunteers who work to maintain or improve the land for recreation. The landowner may charge entry fees as long as the land is not used primarily for commercial recreation and the payment is not for exclusive use (such as a campsite or event rental). According to Jeff Pidot, of the Maine Attorney General’s Office, “Maine courts, unlike those in some other states, have construed the protections of the landowner liability law broadly and the exceptions to immunity narrowly.”
Under the law, the landowner is not legally obliged to keep the property safe or to warn visitors of potential dangers (although both practices are still advisable for land trusts). Landowners may be held liable for injuries only if they “willfully” or “maliciously” fail to guard against an obvious danger. This language, which courts interpret on a case-by-case basis, suggests that landowners are vulnerable mainly when they deliberately endanger others through reckless or careless actions.
Land trusts should still carry general liability insurance to defend themselves in case of a lawsuit (and to cover damages if they were found liable), but that risk is minimal—given that no case against a landowner has been upheld for outdoor recreational injuries since Maine’s landowner liability statute was enacted. A greater liability risk, Pidot suggests, comes from injuries related to structures or resulting from organized activities where suits may be brought on the basis of perceived negligence.
That risk of litigation drives up insurance costs, as land trusts with structures such as bridges or docks are finding. One land trust, after building a pedestrian bridge, had its insurance premium increase by $250 per year despite the protections of the recreational use statute (which should cover injuries suffered from any outdoor activities on such a structure). Another trust, after acquiring a working dock, had to negotiate with its insurance carrier and agree to licenses for use and on-site signage to maintain coverage.
Some Maine land trusts get liability coverage through an umbrella policy underwritten by the Chubb Group known as the “Conserve-A-Nation Program®.” This policy has the benefit of being tailored specifically to land trusts, but is still subject to industry-wide rate hikes that don’t reflect increased risks on conservation lands. Other trusts have established relationship with other carriers and qualify for steep discounts because of lack of claims.
Ask an Attorney: Wait a Minute!
By Robert H. Levin, Attorney at Law (www.roblevin.net)
As land trusts work to keep good records, they often have questions about meeting minutes. Here are responses to some of the more frequently asked questions.
For which meetings are minutes required? Under the Maine Nonprofit Corporations Act, minutes must be maintained for every meeting of the members, the Board, and any committee that has the same authority as the Board, such as the Executive Committee. (While not required for other committees, minutes are invaluable in terms of institutional memory.) The Land Trust Alliance’s draft Application for Accreditation makes clear that land trusts must use minutes to document that certain decisions are made and practices followed. Approved minutes should be kept in a fire-proof safe.
Must we share our minutes with the public? Not technically, but since most land trusts are membership organizations and voting members may inspect meeting minutes, its best to assume that all minutes will be open to public scrutiny. Disclosure may be required in certain legal contexts (such as to the IRS, Maine Attorney General, or an opposing party in a lawsuit).
Why is it important to approve minutes? Minutes are approved to make sure that discussions and decisions are accurately recorded and any errors or indiscretions are corrected. Only “approved” minutes carry any legal weight.
How detailed should the minutes be? Minutes should contain enough information to demonstrate legally that the Board reasonably came to reasonable decisions. As a practical matter, minutes should be detailed enough to serve as the organization’s institutional memory. Proper minutes will include: the meeting date, time and location; board members in attendance and absent; motions made and by whom; a brief account of any debate; voting results; names of abstainers and dissenters; reports and documents introduced; future action steps (highlighted in bold or placed at the beginning of the minutes), and the signature of the Secretary. Minutes should reflect that a quorum was reached, as decisions made in the absence of a quorum are vulnerable to legal challenge. Some organizations record important decisions in the form of Resolutions and keep these in a separate binder for easy access.
How do we handle confidential information? Discuss any confidential or sensitive information (such as personnel matters or potential lawsuits) in Executive Session (a confidential portion of the meeting). Land Trusts whose practice is to share their minutes publicly may elect to discuss land transactions in Executive Session as well. Record and maintain confidential “notes” of Executive Session discussions separately from the minutes and distribute these only to participants. Any decisions made in Executive Session (e.g., the termination of an employee or the approval of a land transaction) should be recorded in the regular meeting minutes.
Who should record minutes? The organization’s Clerk or Secretary is legally obligated to record and maintain custody of meeting minutes, but the taking of the minutes can be delegated to anyone (as long as they are not central to the discussion).
Should an attorney review the minutes? Legal review of minutes is not required and can be expensive for small land trusts. However, if a thorny issue is being discussed that is not appropriate for Executive Session, a land trust may choose to run its minutes by an attorney (providing sufficient background information so the attorney knows your concerns). Larger land trusts and more conservative organizations routinely have legal counsel review their minutes.
2007 Maine Legislative Recap
The 123rd Maine Legislature wrapped up their 2007 legislative session in late June. In six months, Maine legislators passed and defeated a number of bills related to land conservation. A complete summary can be found at www.mltn.org/resources/public_policy.html. The following are some highlights.
Land for Maine’s Future Bond
In early April, the legislature approved a $295 million bond package that included $17 million for the Land for Maine’s Future (LMF) program. The LMF request will be sent to Maine voters in early November as a component of a $35.5 million natural resources bond question that includes money for state parks and historic sites, irrigation, working waterfront, river projects, and municipal investments. This question will be one of three bond proposals Maine voters will be asked to support. MCHT has begun working with other supporters of the natural resources bond by organizing a campaign to help ensure passage of the question.
Conservative Easement Act Amendments
A group consisting of land trust representatives, the Attorney General’s office, state legislators, and state agency officials met over the course of two years to discuss ways to update and strengthen the State’s conservation easement enabling legislation with a goal of ensuring that the perpetual public benefits they were created to protect are truly protected. These discussions resulted in LD 1737, An Act to Amend the Conservation Easement Laws. The original bill was amended and enacted late in the session. It will become law in late September. Additional information on the provisions of this bill will be distributed to land trusts this fall.
Conservation Tax Bills
The Taxation Committee heard a handful of conservation tax bills. One bill, LD 544, called for a state income tax credit equal to 15% of the federal deduction for conservation easement and fee donations. While supported by the Committee with a 12-1 vote and enacted by both bodies of the legislature, the bill eventually died on the Appropriations Table – the state could not afford the more than $1 million hit to the general fund budget. A second bill, LD 761, asked the state to allow municipalities to enact a local option real estate transfer tax to support local land conservation. In 2005, a nearly identical bill was submitted. As in 2005, this bill was unanimously opposed by the Taxation Committee. A third bill, LD 1555, called for the elimination of the property tax exemption for conservation land. This bill was also unanimously defeated in committee.
Brookings Bills
The 2007 legislative session began with a lot of attention focused on the recently released Brookings Report. Two bills were introduced in an attempt to implement that report’s recommendations. LD 1848 contained a number of different initiatives, including: bonds to support R&D, eliminating government inefficiencies, and tax reductions. This bill is being carried over by the Appropriations Committee for discussion in 2008. A second bill, LD 1872, proposed a 3%-point increase in the state’s lodging tax to support a $190 million revenue bond for LMF, downtown redevelopment, and tourism promotion. LD 1872 was unanimously defeated by the Business, Research, and Economic Development Committee. While Brookings related legislation has stalled, two efforts emerged this year aimed at further examining the subject matters (including land conservation) outlined in their report. The legislature has established a Joint Select Committee on Prosperity. This committee will begin to meet this summer to look at a number of reports including the one completed by Brookings. Similarly, the Governor has appointed a Council on Maine’s Quality of Place to look at land conservation and other subject matters raised by Brookings. The Council, which includes Maine Coast Heritage Trust’s President Jay Espy, began meeting in April and is scheduled to release its findings and recommendations in the spring of 2008.
For more information on these or other legislative issues, please contact MCHT’s public policy coordinator, Jeff Romano at 729-7366 or jromano@mcht.org.
Network News
“Green Monster” Benefit Ride to Become an Annual Tradition
MLTN’s Steering Committee and staff extend heartfelt thanks to Kerry Hardy, Education Coordinator of Merryspring Nature Center in Camden, for successfully launching the first annual “Green Monster Bike Ride” in October—a conservation fundraiser benefiting MLTN. This ride was Kerry’s brainchild and he worked tirelessly to make it a great success (he even arranged glorious weather!). Kerry drew in wonderful riders and volunteers, got generous support from Sugarloaf USA, and later rode his bike from Rockland to Topsham to present a check for $2,050—representing two-thirds of the money raised.
Kerry is already planning the 2007 Green Monster Bike Ride on Sunday October 7th. The one-day, 125-mile loop ride from Sugarloaf USA is not for every rider, but there will be a 65-mile option (and families can join in on a 15-mile “Little Monster” ride). So mark your calendars and visit www.merryspring.org as the date draws nearer for details.
Fall MLTN Training Opportunities
The Maine Land Trust Network is pleased to offer 5 training opportunities for land conservationists this fall.
- Acquiring Land and Easements. A course from the new Land Trust Alliance training curriculum. September 6 - Bangor
- Marketing Plans for Mission, Members & Money. Taught by Shelli Bischoff from Conservation Impact. October 25 - Bethel
- Boards as Organizational Assets with Shelli Bischoff. Oct 25 (evening). Bethel
- Integrated strategy for Success and Sustainability with Shelli Bischoff. Oct 26 - Bethel
- Stewardship Savvy. A course for volunteer stewards. December 1 - Topsham.
Please visit www.mltn.org or call (207) 729-7366 for additional information.
Land Trust Operations Circuit Rider Program Launched
Thanks to generous grant support from the Jessie B. Cox Charitable Trust, the Maine Land Trust Network is now able to provide one-on-one assistance to member trusts. The Land Trust Operations Circuit Rider Program (Circuit Rider) blends training, consulting, mentoring and networking strategies – providing focused assistance to help trusts operate efficiently and sustainably (in accordance with the Land Trust Standards and Practices).
“The Jessie B. Cox Charitable Trust was the original funder that helped us launch the Maine Land Trust Network years ago,” notes MLTN Coordinator Megan Shore. “We’re very grateful for their renewed commitment, offering this three-year grant to help us begin a program that promises to provide much-needed services to local trusts at a minimal cost.”
Details on the Circuit Rider program, its services, application process and fees are available at www.mltn.org or by calling (207) 729-7366.