Qualified Conservation Easement definition

Qualified Conservation Easement means a qualified con- servation contribution (as defined in section 170(h)(1)) of a qualified real property interest (as defined in section 170(h)(2)(C)), except that clause (iv) of section 170(h)(4)(A) shall not apply, and the restriction on the use of such interest described in section 170(h)(2)(C) shall include a prohibition on more than a de minimis use for a commercial recreational activity.
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Qualified Conservation Easement means a conservation easement that explicitly refers to the requirements of the regulation and this protocol and apply to current and all subsequent forest owners for the full duration of the forest project’s life. To be “qualified” for purposes of ARB’s compliance offset program, the conservation easement must be granted by the owner in fee to a qualified holder of a conservation easement in accordance with the conservation easement enabling statute of the state in which the project is located; be perpetual in duration; and expressly acknowledge that ARB is a third-party beneficiary of the conservation easement with the right to enforce all obligations under the easement and all other rights and remedies, including standing as an interested party in any proceeding affecting the easement, conveyed to the holder of the easement.
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Qualified Conservation Easement means a limitation in the form of a restriction, easement, covenant or condition which has been executed by the Grassland Owner or the Grassland Owner’s duly appointed representative, has been recorded in the Official Records of the County in which the Property is located, and is binding on all heirs, successors, and assigns of Grassland Owner and requires the Property to be retained and managed for the entire Term (and any extensions thereof) in a manner that is fully consistent with the Grassland Project Protocols, this Agreement (which Agreement may be attached to and incorporated into the Qualified Conservation Easement by reference), and Project Activities, including, without limitation, a prohibition of (i) the conversion of the Property from grassland to any other use, and (ii) all Avoidable Reversals.
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Examples of Qualified Conservation Easement in a sentence

  • Any previously recorded conservation easement may only be considered a Qualified Conservation Easement if it was recorded within one year prior to the identified project commencement date.

  • Forest Owners who record a Qualified Conservation Easement in conjunction with implementing a Forest Project will receive a lower risk rating (see Appendix D).

  • Documentation demonstrating the planned or completed dedicating of the land in the Project Area to continuous forest cover through a Qualified Conservation Easement or transfer to public ownership.

  • All lands in the Project Area must be covered by the Qualified Conservation Easement or transferred to public ownership as part of the program.

  • Indicate whether the project will employ a Qualified Conservation Easement.

  • If a Qualified Conservation Easement was recorded more than one year prior to the offset project commencement date, the limits imposed by the easement on forest management activities must be considered a legal mandate for the purpose of satisfying the legal requirement test for additionality (Section 3.1.1) and in determining the Forest Project’s baseline (Section 6).As indicated in Section 3.2, an offset project commencement date must be linked to a discrete, verifiable action.

  • Table 3.1. Compensation Rate for Terminated Improved Forest Management Projects 3.5 Use of Qualified Conservation Easements‌For Avoided Conversion Projects on private land, the Forest Owner must record a Qualified Conservation Easement against the offset project’s property in order for the Forest Project to be eligible.

  • If a Qualified Conservation Easement or Qualified Deed Restriction was recorded more than one year prior to the start date, the limits imposed by the easement or deed restriction on forest management activities must be considered as a legal mandate for the purpose of satisfying the “legal requirement” test for additionality (Section 3.1.1) and in determining the project’s baseline (Section 6).

  • If yes, include the date the Qualified Conservation Easement was or will be recorded, the terms that affect forest management within the easement, and provide a copy of the Qualified Conservation Easement.

  • Any Forest Project that records a Qualified Conservation Easement may reduce its reversal risk rating and associated Reversal Risk Adjustment in Appendix D.


More Definitions of Qualified Conservation Easement

Qualified Conservation Easement means a limitation in the form of a restriction, easement, covenant or condition which has been executed by the Grassland Owner or the Grassland Owner’s duly appointed representative, has been recorded in the Official Records of the County in which the Property is located, and is binding on all heirs, successors, and assigns of Grassland Owner and requires the Property to be retained and managed for the entire Term (and any extensions thereof) in a manner that is fully consistent with the Grassland Project Protocols, this Agreement (which Agreement may be attached to and incorporated into the Qualified Conservation Easement by reference), 9 Remove if Grassland Owner holds title to the GHG Reduction rights. and Project Activities, including, without limitation, a prohibition of (i) the conversion of the Property from grassland to any other use, and (ii) all Avoidable Reversals.
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Related to Qualified Conservation Easement

  • Conservation easement means that term as defined in section 2140 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2140.

  • Utility easement means a right held by a facility operator to install, maintain, and access an underground facility or pipeline.

  • Conservation Plan means a document that outlines how a project site will be managed using best management practices to avoid potential negative environmental impacts.

  • Easements has the meaning set forth in Section 2.1.3.

  • Ex-situ conservation means the conservation of components of biological diversity outside their natural habitats.

  • Qualified Ground Lease means each of the ground leases or ground subleases set forth on Schedule 1.01(d) hereto and for a Future Property means any ground lease (a) which is a direct ground lease or ground sublease granted by the fee owner of real property or a master ground lessee from such fee owner, (b) which may be transferred and/or assigned without the consent of the lessor (or as to which the lease expressly provides that (i) such lease may be transferred and/or assigned with the consent of the lessor and (ii) such consent shall not be unreasonably withheld or delayed) or subject to certain reasonable pre‑defined requirements, (c) which has a remaining term (including any renewal terms exercisable at the sole option of the lessee) of at least twenty (20) years, (d) under which no material default has occurred and is continuing, (e) with respect to which a Lien may be granted without the consent of the lessor (but subject to customary requirements regarding the nature of the holder of such Lien and prior notice to the lessor), (f) which contains customary and reasonable lender protection provisions, including, without limitation, provisions to the effect that (i) the lessor shall notify any holder of a Lien in such lease of the occurrence of any default by the lessee under such lease and shall afford such holder the option to cure such default, and (ii) in the event that such lease is terminated, such holder shall have the option to enter into a new lease having terms substantially identical to those contained in the terminated lease and (g) which otherwise contains no non-customary terms that are material and adverse to the lessee.

  • Qualified Census Tract means any Census tract which is designated by the Secretary of Housing and Urban Development as having 50 percent or more of the households at an income level which is less than 60 percent of the Area Gross Median Income in accordance with Section 42(d)(5) of the Code.

  • Stormwater runoff means water flow on the surface of the ground or in storm sewers, resulting from precipitation.

  • Qualified Contractor ’ means a residential energy ef-

  • Easement means an acquired legal right for the specific use of land owned by others.

  • In-situ conservation means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties.

  • Energy conservation means the decrease in energy requirements of specific customers during any selected time period, resulting in a reduction in end-use services.

  • Resource Conservation and Recovery Act means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., as in effect from time to time.

  • Environmental Infrastructure Facilities means Wastewater Treatment Facilities, Stormwater Management Facilities or Water Supply Facilities (as such terms are defined in the Regulations).

  • Landlord Consent means a Landlord Consent substantially in the form of Exhibit G.