NRWA General Policy on Conservation Restrictions
Revised and Approved by the NRWA Board of Directors December 8, 1999

One of the goals of the NRWA’s 1995 to 2020 Vision for the Nashua River Watershed is to “Conserve open space for water quality, wildlife habitat, farms, forests, and recreation.” To achieve this goal, the NRWA has been active in assisting others in their attempts to purchase or otherwise protect land within the watershed, and will continue to do so.

When an opportunity arises to preserve a piece of property through a conservation restriction, the NRWA will encourage and work with the appropriate local organization so the latter may hold a conservation restriction (CR) on the property. If no entity is in the position to accept and/or monitor the restriction, the Board or the Executive Committee of the NRWA may agree to accept a CR on the property, as long as the requirements below are adhered to. In certain situations, it may be preferable for the NRWA to co-hold the CR with another organization.

Every effort will be made to establish a CR that will be accepted and endorsed by the Massachusetts Executive Office of Environmental Affairs (EOEA), according to their criteria (MGL 184, S31-33). If a particular CR is not accepted by EOEA, the NRWA will establish a 30 year or other term conservation easement on the property in question.

Certain issues must be addressed regarding the capability of the NRWA to hold, monitor, and enforce each proposed CR. The property must have special qualities important to the NRWA, and must have a clearly stated purpose or goal that fits the categories of significant resources targeted for preservation in the 2020 Vision Plan.

Resource categories include:

• Lands along all water bodies, including wetlands and their surrounding lands, as greenway for their natural resource values.
• Lands and corridor for wildlife habitat (including rare species).
• Native American sacred sites in the watershed.
• Prime farm and forest soils, and important agricultural lands.
• Lands and corridors for outdoor recreation and scenic quality.

In addition, in considering the holding of any CR, all of the following requirements also must be addressed:

• After researching other potential CR holders, it must be determined that the NRWA is the most appropriate entity to hold the restriction.
• Potential liabilities (dams, hazardous waste, etc.) associated with a property must be noted and considered.
• Baseline data should be obtainable; staff time to do so should be available.
• Properties must be accessible for monitoring.
• Every CR must be reviewed by a lawyer before signed by the donor or the NRWA.
• For every CR accepted by the NRWA, funds must be established, based on estimates of ongoing monitoring, to ensure its long-term viability. Landowners will be expected to contribute to this fund; if a landowner is unable or unwilling to do so, the NRWA will seek other sources of funding.
• In order to be accepted, a proposed CR must be approved by the Board of Directors, or by the Executive Committee acting on behalf of the Board.

The NRWA will establish procedures to accompany this policy. The policy may be amended as necessary.

Winter scene in Harry Rich State Forest, Groton (Photo by Sue Weeks)