Selection Criteria And Process - - CA Public Resources

Section § 12260

This section outlines the criteria the department uses to review conservation easement applications, given they meet basic eligibility. It looks at several factors. First, the specific environmental values being protected and how well they can be monitored are considered. Then, whether the land might become isolated due to nearby development is assessed. The compatibility of the landowner's management goals with protection efforts is also evaluated.

Additionally, the existence or promise of a management plan akin to a forest stewardship plan is required. The interest of nonprofit organizations or public agencies to support and oversee the easement is important. Availability of other funding sources to cover costs is checked, as well as any other relevant factors determined by the director.

If the department determines that the proposed conservation easement meets the eligibility criteria set forth in Section 12251, the application shall be reviewed based upon the extent to which it satisfies all of the following selection criteria:

(a) The nature of the environmental values proposed for protection, and whether they can be monitored efficiently and effectively.

(b) Whether the parcels are likely to become isolated from other areas maintained for key forest resources by development on adjacent parcels.

(c) Whether the landowner’s management goal for the landowner’s parcel is compatible with the resource protections the landowner is proposing.

(d) Whether the landowner has developed, or commits to developing by the time the easement is finalized, a management plan equivalent to, or better than, a forest stewardship plan that governs management on the parcel.

(e) Whether a nonprofit land trust organization, public agency, or other suitable organization has expressed an interest in working with the department and the landowner to establish, hold, and monitor the easement.

(f) Whether other sources of funding for easement acquisition, closing costs, monitoring, and other costs are available.

(g) Other relevant considerations established by the director.

conservation easement criteria environmental values protection monitoring efficiency parcel isolation risk landowner management goals forest stewardship plan nonprofit land trust involvement easement funding sources department review process resource protection compatibility adjacent parcel development management plan requirements easement monitoring public agency collaboration director considerations

(Amended by Stats. 2021, Ch. 133, Sec. 97. (SB 272) Effective July 23, 2021.)

Section § 12262

If you apply for a conservation easement, you need to hire an independent real estate appraiser. Their job is to figure out how much the easement is worth. This value is determined by finding the difference between the property's market value and its value with the restrictions of the easement.

An applicant shall select and retain an independent real estate appraiser to determine the value of the conservation easement, which shall be calculated by determining the difference between the fair market value and the restricted value of the property.

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(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)

Section § 12263

When you apply for a conservation easement, the department has 180 days to process your application. Once they make a decision, they'll let you know in writing within 10 days. If your application is denied, they'll explain why.

The department shall act on an application for the acquisition of a conservation easement within 180 days of its receipt, and shall notify the applicant in writing of approval or disapproval of the application within 10 days of the decision of the department. The written notice regarding a disapproval decision shall state the reason for the disapproval of the application.

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(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)

Section § 12264

The department can reject an application for acquiring a conservation easement if certain conditions aren't met. First, if it doesn't align with specified eligibility or selection criteria. Second, if the title can't be clearly transferred. Third, if there isn't enough funding. Fourth, if there are other higher priority acquisitions. Lastly, if there are other considerations defined by the director.

The department may disapprove the application for the acquisition of a conservation easement in any of the following circumstances:

(a) The application does not satisfy the eligibility criteria set forth in Section 12251 or selection criteria set forth in Section 12260.

(b) Clear title to the conservation easement cannot be conveyed.

(d) Other acquisitions have a higher priority.

(e) Other relevant considerations established by the director.

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(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)