CWT Board Plea For Conservation Easement Amendments

ARKVILLE - Coalition of Watershed Towns Executive Board members passed a resolution on Mar. 18 asking the State of New York to agree to file amended New York City Department of Environmental Protection (DEP) conservation easements in the watershed. They are asking for the amendment of 1,100 parcels with easements.

Watershed stakeholders and DEP officials have been negotiating adjustments to conservation easements for the DEP Land Acquisition Program (LAP) and Collaborative Streamside Acquisition Program (CSAP). The adjustments will be set for all future easements, but the two groups would also like prior DEP easements to be amended, explained CWT Attorney Jeffery Baker.

The Office of the Attorney General sent a letter in February stating that it does not support the easement amendments as it will place an unnecessary burden on the state. The Department of Environmental Conservation (DEC), which oversees DEP programs, also objected to the filing of amendments. 

The filing process will require notices to landowners, public hearings, and possibly title searches. Baker does not anticipate the need for a title search as there is no change in ownership occurring. He added that the City has agreed to certify the title is still good and take on the process of amending easements.

CWT board members state in the resolution that leaving existing conservation easements goes against the 1997 New York City Watershed Memorandum of Agreement (MOA). The MOA was established to protect the NYC drinking water quality within the watershed by ensuring land is undeveloped and also maintaining the economic vitality of local communities. The resolution states that existing easements are "...overly restrictive and do not permit uses of the property for municipal infrastructure, renewable energy projects, agriculture, and other minor uses that all parties to the MOA agree are consistent with the intents and purposes of the MOA..."

The Attorney General's office did agree to file for priority properties. However, board members agreed it is difficult to identify priority properties without knowing municipal intentions, future needs, electrical demands, or good housing development areas. 

Furthermore, the Attorney General's office has not agreed to a time frame for amending priority properties. 

"The continued delay in filing amended conservation easements burdens the watershed communities," the resolution states, "If the state does not proceed with amending all of the conservation easements at this time, any perceived short-term savings will be exceeded by the higher cost that will be incurred if the State amends the conservation easements in a piecemeal fashion while also increasing the burden on the watershed communities and residents." 

Baker explained that burdens to the community could mean delays and increased costs of projects. 

Board members agreed that the program that established these conservation easements is still in its infancy, roughly 10 to 15 years old, and the easements should be remedied now to set a foundation for the success of the program and its long-term future.

The resolution will be sent to DEC and Attorney General's office officials urging them to reconsider the objection to filing amended conservation easements and to facilitate the process promptly. They also requested support from West of Hudson Watershed stakeholders.

The next CWT meeting is scheduled Monday, April 22 at 6:15 p.m.