WAC Easements Highlighted - Solar Arrays Permits Questioned

WALTON - Watershed Agricultural Council (WAC) of Directors heard a presentation on conservation easements at a regular meeting on July 23. Easement Program Stewardship Coordinator Mike Morales and Easement Program Manager Serena Orleski gave the presentation.

An easement is a voluntary legal agreement between landowner and WAC that limits land use for conservation protection. WAC has a total of 32,603 acres throughout 217 properties with easements.

Orleski and Morales focused on questions asked during annual monitoring site visits of easement property owners, specifically for agricultural based easements. Questions include what is the land use, any changes in agricultural activity, any plans for subdivisions, buildings, foresting, business development, or bluestone mining. While many WAC easements do allow for the activities mentioned in questioning, they do require prior authorization or permits from WAC committees. 

One interesting benefit to easement holders is the forest harvest plan. If a property owner wants to log their land, WAC develops a plan and works closely with foresters. The plan focuses on logging access roads and water protection. WAC will provide portable bridges and other supplies or advice to loggers free of charge. The program currently has around 10 to 15 forestry harvesting projects. 

Orleski and Morales noted that utility access is typically accounted for in the initial easement language. Building on the property is also approved with stipulations. Some easements have been written to permit construction of a second home on the land. Most property owners are permitted to build gazebos, hunting stands, and lean-tos. Other construction is limited to under 5,000 square feet and must be used for agricultural purposes. 

One director asked Orleski to explain if solar arrays are permitted. "This is a gray area," Orleski explained. She said the construction of solar arrays is not mentioned in the easement deed. 

WAC recently had a request for solar array construction which was denied. The proposal was for a household-use solar array to be constructed outside of the ADA, or the building envelop where residences and utilities are located. WAC determined the project was better suited inside the ADA as it did not have an agricultural use.

Orleski said solar is something WAC needs to discuss further. There is some potential for agricultural use with solar, she explained, "but it comes down to the specifics of the request." She added that there is competition between agricultural land and solar farms that WAC should be aware of.

In another discussion, WAC Director Paul Gallay asked for an open-ended conversation about communication goals and how they translate to WAC work. He mentioned that social media platforms and influencers as well as local news outlets should be looked at as possible ways to get information about WAC programming to the public. 

WAC staff have been working to update and develop clear guidelines on how information is presented to the public. WAC Communications Manager Heather Magnan is expected to present on outreach and education at the August meeting. In the short term, Magan explained they are working on updating branding and publicizing events and initiatives that serve the greater mission of WAC.

"We want to be purposeful in how we engage with people as opposed to being silent," said Executive Director Ryan Naatz. 

John Jackson has been tasked with updating internal communication methods, which are expected to launch in October. 

In other business

WAC will relinquish the East of Hudson Engineering Specialist position to make room in the budget for a new Executive Assistant. The engineering specialist position has been vacant since May 2023. The executive assistant will help streamline WAC's day-to-day operations by aiding Naatz, Director of Operations Amy Faulkner, and Finance Director Carol Bishop.

WAC continues the search for a new East of Hudson office location as the current location will not renew the lease for 2025. The office should accommodate seven staff and be an accessible location, among other requirements, explained Naatz.

Naatz reported positive momentum for seeking a new WAC headquarters office space. A meeting with the New York City Department of Environmental Protection (DEP) is scheduled in August to discuss details including timing, funding, and personnel involved. 

WAC directors welcomed new DEP Assistant Commissioner of Source Water Protection Shilo Williams to the meetings. Williams will represent DEP at WAC meetings in place of John Vickers who recently retired. Williams comes to NY from Alaska where she worked on similar watershed issues. “I have a lot to learn about WAC…” said Williams, adding that she will spend the next few months to a year learning and listening.

WAC directors entered an executive session to discuss legal council status, claims and other items.

The next regularly scheduled WAC meeting is Tuesday, Aug. 27 at 10 a.m.