Biological Resources of El Paso County Conservation Easements A conservation easement is a voluntary agreement that allows landowners to restrict the type or amount of development on their property while retaining private ownership of the land. During this process, the landowner strips the property of its development rights by granting the conservation easement to a land trust or governmental entity. An entity that is granted a conservation easement accepts responsibility for ensuring that the terms of the conservation easement are met and that the conservation values called out in the Deed of Conservation Easement are maintained by the landowner. By granting a conservation easement, a landowner can ensure that the property will be protected in perpetuity, regardless of who owns the land in the future. An additional benefit of granting a conservation easement is that the donor of an easement may receive an income tax deduction for the gift of the Conservation Easement. El Paso County currently holds 30 conservation easements throughout the County totaling almost 2,500 acres. The Environmental Division is responsible for conducting annual monitoring inspections, preparing monitoring reports, ensuring compliance with the terms of the conservation easement, and protecting the conservation values of these properties. Conservation Easement Policies and Procedures Conservation Easement Policies and Procedures Appendices Resolution to Adopt Updated Policies and Procedures (August 2010) Migratory Bird Treaty Act Under the Migratory Bird Treaty Act (MBTA) it is unlawful to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or possess a migratory bird. In addition to the animal itself, protections under the MBTA are extended to portions of the animal, nests, and eggs. The Environmental Division assesses County projects for potential migratory bird issues. Migratory Bird Treaty Act Wetlands Wetlands are defined under the Clean Water Act as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soul conditions." The Clean Water Act is administered by the U.S. Army Corps of Engineers. Project proponents planning projects that will impact wetlands must work with the U.S. Army Corps of Engineers in order to address the permitting requirements. The Environmental Division is currently working with the U.S. Army Corps of Engineers on the County's Wetland Umbrella Mitigation Banking Instrument. This Instrument will allow the County to restore, enhance, establish, and/or protect wetlands in a "bank" that can be utilized to mitigate unavoidable impacts on wetlands from County projects. In addition, the Environmental Division provides assistance on County projects in addressing wetlands issues, obtaining required permits, and mitigating unavoidable impacts. U.S. Army Corps of Engineers Wetlands and Waterways Threatened and Endangered Species The Endangered Species Act of 1973, as amended, is federal legislation intended to conserve the ecosystems that endangered and threatened species depend on and to provide programs for the conservation of those species, thus preventing extinction of plants and animals. This law is administered by the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration fisheries service. The Environmental Division provides assistance on County projects in addressing threatened and endangered species issues, obtaining required clearances, and mitigating unavoidable impacts. The U.S. Fish and Wildlife Service currently lists 17 animals as threatened or endangered within the State of Colorado. Even fewer of these species have the reasonable possibility of occurring within El Paso County. The Environmental Division assesses County projects for potential issues with these species. U.S. Fish and Wildlife Service Endangered Species Act of 1973 Frequently Asked Questions Regarding Natural Resources FAQ's
Conservation Easements
A conservation easement is a voluntary agreement that allows landowners to restrict the type or amount of development on their property while retaining private ownership of the land. During this process, the landowner strips the property of its development rights by granting the conservation easement to a land trust or governmental entity. An entity that is granted a conservation easement accepts responsibility for ensuring that the terms of the conservation easement are met and that the conservation values called out in the Deed of Conservation Easement are maintained by the landowner. By granting a conservation easement, a landowner can ensure that the property will be protected in perpetuity, regardless of who owns the land in the future. An additional benefit of granting a conservation easement is that the donor of an easement may receive an income tax deduction for the gift of the Conservation Easement. El Paso County currently holds 30 conservation easements throughout the County totaling almost 2,500 acres. The Environmental Division is responsible for conducting annual monitoring inspections, preparing monitoring reports, ensuring compliance with the terms of the conservation easement, and protecting the conservation values of these properties.
Migratory Bird Treaty Act
Under the Migratory Bird Treaty Act (MBTA) it is unlawful to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or possess a migratory bird. In addition to the animal itself, protections under the MBTA are extended to portions of the animal, nests, and eggs. The Environmental Division assesses County projects for potential migratory bird issues.
Wetlands
Wetlands are defined under the Clean Water Act as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soul conditions." The Clean Water Act is administered by the U.S. Army Corps of Engineers. Project proponents planning projects that will impact wetlands must work with the U.S. Army Corps of Engineers in order to address the permitting requirements. The Environmental Division is currently working with the U.S. Army Corps of Engineers on the County's Wetland Umbrella Mitigation Banking Instrument. This Instrument will allow the County to restore, enhance, establish, and/or protect wetlands in a "bank" that can be utilized to mitigate unavoidable impacts on wetlands from County projects. In addition, the Environmental Division provides assistance on County projects in addressing wetlands issues, obtaining required permits, and mitigating unavoidable impacts.
Threatened and Endangered Species
The Endangered Species Act of 1973, as amended, is federal legislation intended to conserve the ecosystems that endangered and threatened species depend on and to provide programs for the conservation of those species, thus preventing extinction of plants and animals. This law is administered by the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration fisheries service. The Environmental Division provides assistance on County projects in addressing threatened and endangered species issues, obtaining required clearances, and mitigating unavoidable impacts. The U.S. Fish and Wildlife Service currently lists 17 animals as threatened or endangered within the State of Colorado. Even fewer of these species have the reasonable possibility of occurring within El Paso County. The Environmental Division assesses County projects for potential issues with these species.
Frequently Asked Questions Regarding Natural Resources