Exceptions

All Exceptions require additional documentation. See I03 Exception Documentation Summary Table.

PL-009 Conservation and Parks Organizations

Park projects and projects with nonprofit owners whose mission is to preserve and protect natural habitats may comply through either of the two following alternative compliance paths:

1. Allocation, as a part of the project, of an area of the owner’s existing property into a new conservation easement. The land cannot already be part of an existing conservation easement. The new easement must be part of or contiguous to a minimum of 100 acres (40 hectares) of intact, high-value ecosystems that are set aside in perpetuity.
2. Protection, within the five years prior to the completion of construction of the project, of at least 1,000 acres (405 hectares) of intact, high-value ecosystem to be protected in perpetuity through direct purchase, advocacy, or fundraising efforts.
   

Projects pursuing alternative compliance paths must provide the following for the required habitat offset area:

• An official receipt and contract,
• Documentation that the easement is part of or contiguous to no less than 100 contiguous acres of intact, high-value ecosystem protected in perpetuity,
• Documentation of provisions for ongoing stewardship, and
• A land-use site plan indicating the area of projected development within the context of the larger project boundary. Adjacent property functions should also be noted.
  

PL-010 Single-Family Homes

Use of the alternative pathway for this exception requires ILFI approval in advance; see details below.

In lieu of a financial contribution, the owner and/or others living in a single-family or multifamily residence of up to four units may volunteer a minimum of 100 volunteer hours (per building) sometime during the duration of project design, construction, and performance periods with an approved land trust that is actively responsible for the purchase and/or permanent easement, as well as ongoing stewardship, of conservation tracts of land in excess of 100 acres.

Alternatively, volunteer hours may be worked with a nonprofit conservation organization whose mission and work are directly focused on increasing the area of protected high value, intact habitat, even if the conservation organization is not responsible for holding and stewarding land under permanent conservation easement. Any such conservation organizations that do not meet the definition of approved land trusts must be preapproved through a Request for Ruling.

The alternative path in this exception is meant to acknowledge that nonprofit organizations other than land trusts can have a direct positive impact on efforts to enlarge the area of protected, healthy ecosystems. Examples of allied efforts that align with Imperative intent include: direct on-the-ground stewardship of protected lands, acquisition negotiations, legal services in support of specific land protection transactions, field research that informs priority acquisitions or stewardship techniques, and advocacy or funding that enable protection of specific geographic areas.

The owner must provide official records from the land trust or conservation organization documenting the name(s) of the volunteer(s) as well as the dates and hours of work. Owners hoping to comply with this exception through a nonprofit organization that is not a land trust must submit the proposed alternative organization for approval prior to engaging in the volunteer hours. When using this exception, the Basic Documentation otherwise required to meet this Imperative does not need to be submitted.

PL-011 Accreditation Equivalency

Use of this exception requires ILFI approval in advance; see details below.

The Institute may approve the use of land trusts or land conservation organizations without accreditation or a Land Trust Alliance S&P icon, provided that they adhere to protocols comparable to the Land Trust Alliance Standards and Practices.

Project teams that use this Exception must submit a Request for Ruling for preapproval. Project teams should include documentation from the selected land trust or land conservation organization including a summary analysis that demonstrates that the trust or organization meets the main elements of the Land Trust Alliance Standards and Practices.

Though they are not technically land trusts, public entities protecting land in perpetuity at the same level that would be provided by an approved land trust meet the intent of this Exception. Public entities operating under a resource extraction model are not eligible for this Exception.

PL-012 Small Nonprofit Organizations

Use of this exception requires ILFI approval in advance; see details below.

In lieu of a financial contribution, projects owned by small nonprofit organizations (nonprofits) may volunteer a minimum of 200 hours during the duration of project design, construction, and performance periods with an approved land trust that is actively responsible for the purchase and/or permanent easement, as well as ongoing stewardship, of conservation tracts of land in excess of 100 acres (40 hectares).

Alternatively, volunteer hours may occur with a nonprofit conservation organization with similar goals of an approved land trust, even if the conservation organization is not responsible for permanent easement of land. Any such conservation organizations that do not meet the definition of approved land trusts must be preapproved through a Request for Ruling.

The number of required volunteer hours:

• Shall be the greater of 200 hours, or 5 hours per full-time-equivalent (FTE) employee of the nonprofit that will be located in the project.
• May be accumulated by immediate members of the nonprofit community, including employees, board members, or direct recipients of the nonprofit’s services (such as students or clients).
  

The project team must provide records documenting the connection(s) of the volunteer(s) to the nonprofit and the hours volunteered. Records may include such items as: volunteer logs, board rosters, or a letter from land trust or conservation organization staff. Owners who use this Exception do not need to provide any of the Basic Documentation typically required to meet this Imperative.

PL-013 Alternate Land Tenure

Use of this exception requires ILFI approval in advance; see details below.

Approaches to land tenure vary throughout the world and not all countries subscribe to the philosophies underpinning permanent conservation easements, or even to the concept of private land ownership. Where law does not recognize land trusts or conservation easements as legitimate land interests, other instruments must be used to ensure the permanent protection of the land and its ecological value in its intact state.

Acceptable instruments include contractual agreements such as covenants running with the land, or enduring conservation concessions or management agreements. The most durable and protective mechanism that is legally enforceable in the region must be used. To use this exception, both the instrument and the organization responsible for protection of the site must be approved in advance through a Request for Ruling. The submission must provide the substantiation and documentation cited below.

The mechanism must demonstrate all of the following:

1. The party responsible for carrying out and defending its terms to protect land within an intact, high value ecosystem, meets the requirements identified under approved land trusts or PL-011 Accreditation Equivalency;
2. Legal legitimacy and enforceability in the locale, including a clear articulation of what constitutes a transgression, a process for resolution, and if necessary, legal enforcement;
3. Permanent protection, including as applicable, an explicit strategy to execute permit agreement renewal or succession, in a manner that upholds the conservation objectives of the agreement in perpetuity; and
4. A clear strategy for ensuring the ongoing protection of the site’s conservation values that addresses:
   • A written conservation plan incorporating an adaptive management strategy.
   • Dedicated funding to support plan implementation.

In addition, projects using this path must provide the following documents for the required acreage:

• Evidence that the structure and practices of the organization responsible for the protection of the site are equivalent to those laid out in the Land Trust Alliance Standards and Practices.
• A narrative making the case that protection through either outright ownership or a conservation easement is not legally recognized and that the alternative agreement is the most durable and protective that can be legally enforced in the locale.
• A copy of the fully executed contract.
• Technical documentation such as maps, showing that the land covered by the agreement is part of or contiguous to no less than 100 continuous acres of intact, high-value ecosystem protected in perpetuity from development.
• A narrative articulating the strategy for ensuring the ongoing protection of the site’s conservation values must also be provided that addresses:
  • Development of a written conservation plan incorporating an adaptive management strategy.
  • Provision of dedicated funding to support plan implementation.