Conservation easements can be good, bad for ranchers

Editor's Note: This is the second part of a series dealing with land preservation and mitigation, focusing on how ranchers and farmers are affected. Next week's final installment will examine why land is being preserved.The future Highway 65 bypass is near and dear to a lot of Lincoln residents, who find traveling the downtown roads difficult because of all of the congestion.But the bypass might not be too popular for farmers and ranchers in rural Lincoln, who stand to lose a lot more of their property than just what is needed for the concrete roadway.The California Department of Transportation soon will begin acquiring land for the bypass, said Willy Preston, current district director for state Assemblyman Doug LaMalfa and former Lincoln city councilman and mayor.Caltrans will acquire the property either through an outright purchase or through eminent domain.Because Placer County has a number of wetlands and vernal pools areas that are protected by several government agencies, including the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the California Department of Fish and Game, it's possible the bypass might end up going through some protected areas.If the bypass does travel through any protected areas, Caltrans is responsible for mitigating the impact, Preston said.When developers impact protected areas, they are required to mitigate the impact. One way is through onsite open space easements, like those used in Lincoln's Del Webb Sun City development. Another way is through offsite conservation easements, such as what WestPark Associates did for a development in Roseville when a mitigation land bank was used to create vernal pools at Yankee Slough north of Lincoln.Caltrans has the option to mitigate any wetlands areas using an offsite easement, Preston noted. But, it also can mitigate the problem close to the project site, such as on the same property where the bypass is being built."Caltrans can just take the property, either by offering to purchase it, or through eminent domain," Preston said.The rancher has no option, Preston said. He will lose property to mitigate protected wetlands lost to development of the bypass."It doesn't necessarily have to be the same property owner," Preston said. "But it most likely will be within a mile of the actual road project."It could be the rancher's neighbor who would lose property to satisfy mitigation measures created by the bypass.Instead of going to a land bank several miles away, like WestPark developers did, Caltrans will have the authority to take property from neighboring ranchers, Preston said.Conservation easements can be either a good or a bad thing for farmers and ranchers, depending upon their point of view."They (easements) can be a good thing for people who want to stay in the business of grazing animals," said Dan Macon, a rancher who grazes sheep in several Placer County locations. "But there are a number of ranchers who look at their land as being developed someday."Ranchers who want to develop their property could run into problems, if protected wetlands are located on their ranch, Macon said. The Corps or Fish and Wildlife Service could prohibit ranchers from erecting a barn on the site, for example, because of wetlands in that location.And, if the rancher decides to sell property to a developer for a future housing development or commercial center, the rancher might not realize the full purchase price, Macon said. The developer won't pay top dollar for property if he has to spend additional money satisfying mitigation requirements.For those ranchers who want to continue grazing their property, turning it into a conservation easement might be a good idea, Macon admitted."Fish and Wildlife will work with ranchers," Macon said. "Creating a conservation easement can be a great thing for habitat."Lindy Grey applied to Placer Legacy in 2003 for a conservation easement for her 17-acre ranch on Crosby Herold Road. Based on Placer County's General Plan, Placer Legacy is a county program "helping to enhance and protect our 'green infrastructure' of open-space lands for recreation, agriculture, habitat and scenic quality," according to a brochure.Grey would like her family's future generations able to enjoy the ranch. But as an attorney told her, after Grey dies, she wouldn't have any say over how the property would be sold and developed. By selling development rights to Placer Legacy, Grey was able to make sure no more buildings except a home for her daughter will ever be built on the land, while still retaining ownership of the land.Macon noted ranchers have another option if they choose to keep their property intact and free from development. They can have their wetlands areas analyzed for value and water quality. The Corps and Fish and Wildlife Service establish a certain number of "credits" to the property.Then, the rancher can act as a land bank and sell off credits to developers who need to mitigate their own disruption of wetlands."There are a lot of benefits and opportunities for ranchers who decide to put their property into a conservation easement," Macon said.