June 12, 2003

Welcome to the Watershed Conservation Update, a periodic electronic newsletter from the Wells Reserve about conserving land and water resources in Southern Maine and near-by New Hampshire.

Conservation Planning

Jodi Castallo of Maine NEMO has developed an Open Space Planning Powerpoint Presentation that describes what a plan is and the steps needed for a successfully involving the whole community. If your land trust or your community is or should be thinking about an open space plan this will help define the task. The presentation can be adapted to a variety of audiences and serves as an excellent presentation for both introducing the idea and getting started. Contact Jody Castallo , or call 771-9020 for more information.

Training and Support

Techsoup, a non-profit supporting non-profits, offers Discount Software for Non-Profits through its website Techsoup.com There is limited availability but they do have MS Office for a few tens of dollars, Norton anti-virus for $30, Ebase and Filemaker Pro for $149, E-tapestry web-based fundraising software, and other software that might be of interest to conservation organizations.

Resource Information

The 2003 Maine Beaches Conference will be taking place on July 9th at Thornton Academy in Saco from 8:30 to 4 PM. 16 presentations are included under the five topics of Creating a Storm Resistant Community, New Maine Regulations, Water Quality at Maine's Swimming Beaches, Construction and Landscaping with the Sea in Mind, and Updates on the National Flood Insurance Program. The day will also include exhibitors, posters, displays, demonstrations, and a field trip to Camp Ellis. Cost is $12 by June 27th, $15 afterwards and includes lunch. A registration form can be downloaded at Maine Beaches, or call Maine Sea Grant Extension at 207-646-1555 x 115.

The Wells Reserve has completed an update on its Conservation Lands Database first compiled in 2000. The Reserve has mapped and digitized all conservation lands by ownership (federal, state, town, non-profit, water district) and by type (fee and easement) from Scarborough south and over to the New Hampshire boarder. Parcels in the Current Use Tax Program (Tree, Farm and Open Space) were also mapped where possible. Digitized and hard copy maps are available by contacting the Reserve's Resource Specialist, Sue Smith for conservation planning, baseline data, funding proposals, open space plans, etc.

Communication and Outreach

The Maine Land Trust Network is hosting a Network Email Forum . The MLTN Email Forum provides an opportunity for land trust staff, volunteers, and others to discuss issues pertaining to land conservation. Subscribers may ask questions of and discuss pertinent issues with their peers throughout the state. Postings may be topics for discussion, general information sharing or questions/answers. To subscribe to the forum visit the MLTN website. and click on Email Forum.

Partner Events / News

The Northern New England Chapter of the Surfrider Foundation has been formed dedicated to the "protection and enjoyment of the world's oceans and beaches for all people, through conservation, activism, research, and education." The NNE Chapter is undertaking water quality, public access, and beach cleanups as their priorities. For more information visit their website at NNE Surfriders.,

Conservation Easements on Municipal Property to Land Trusts. In 2001,the Peaks Island Land Preserve (PILP) successfully negotiated a conservation easement with the City of Portland on about 100 acres of city-owned land on the island. The issue was raised during negotiations of one council having authority to bind future councils. PILP eventually just accepted the possibility that if the City should seek in the future to rescind the easement, or modify it, that argument would likely be raised. PILP decided not to let that fact stop them from moving forward with the easement.

Background: In the mid-1960s, this land was originally given to the city by a citizen group, Casco Bay Island Development Association (CBIDA), which had bought it from a private party. There was ample documentation that CBIDA intended and understood at the time of the donation that the land would be used for "open land" or "parkland". Over the years, the city left most of it as untouched open space, but used a portion of it to site the dump (now transfer station) and for a gravel borrow pit. PILP argued that even though the deeds to the city contained no specific restrictions, there was ample extrinsic proof of the intention of the parties, which justified the city agreeing to permanent conservation protection on the remainder. PILP asserted that placing an easement on the property simply completed the transaction that was begun 35 years ago. We also successfully argued that it was more appropriate for PILP to hold the easement than for the city to place the land in its recently created Land Bank because the home-grown land trust was better positioned to steward it.

There is language in the easement that declares it perpetual and there are strong provisions for public use. PILP also had enormous public support for this project. For the foreseeable future, that will make it politically difficult for any council to try to void the easement. PILP did not get CE monitoring/enforcement $$ on top of the easement. That would have been a deal breaker. Because Peaks Island's area totals only 720 acres, PILP was not about to jeopardize a donation of an easement on one-seventh of it (and essentially the only large undeveloped tract) by asking for cash, too. (edited from a posting on the LTA listserve)

Background

The Watershed Conservation Update is distributed by the Stewardship Department at the Wells National Estuarine Research Reserve to provide timely, pertinent, and concise information and resources to volunteers and professionals working on watershed conservation issues in Southern Maine and nearby New Hampshire. The Wells NERR Stewardship Department supports community efforts to conserve natural resources by 1) facilitating collaborations for regional conservation planning, 2) providing access to natural resource information, 3) offering GIS mapping services, 4) promoting training opportunities, 5) providing outreach and communication services and 6) publicizing conservation related events and successes.

For more information or comments contact Tin Smith, visit our website at wellsreserve.org, or call 646-1555 x119.

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