Schedule B Form Lpc-1 - Application For A Land Preservation Credit Statement By The Recipient With Respect To Tax Credits Of 1 Million Or More From A Donation Made On Or After 1/1/07 Of Less-Than-Fee Interest In Land Page 4
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8Schedule B
*VALPCB408888*
Application for a Land Preservation Credit
Form LPC-1
Statement by the Recipient With Respect
Page 4
to Tax Credits of $1 Million or More From
a Donation Made on or After 1/1/07 of
Less-Than-Fee Interest in Land
Section II - Public Benefit
The following restrictions must be included in every deed of conservation easement submitted for DCR
All Boxes Must
review. Identify the page and paragraph numbers in the deed of conservation easement that contain
Page/Paragraph Number
Be Checked
these restrictions.
A)
The deed contains terms and restrictions that protect the conservation purpose(s) of the land in
perpetuity.
B)
The deed prohibits intentional destruction or significant alteration of the conservation values of
the protected property other than for general maintenance or restoration, or for activities deemed
necessary for safety considerations.
C)
The deed ensures that the conservation value of the property will not be adversely affected by
future subdivision or development of the property by including the following provisions:
1.
Limitations on the number of permitted subdivisions on the property.
2.
Limitations on the amount of permitted new buildings and structures, either by placing a
limit on the number of new buildings or structures and placing individual limits on the size of
those buildings or structures, or by placing a limit on the collective footprint of all buildings
and structures; or by some combination of those approaches.
3.
Restrictions on the location of permitted new buildings and structures, either through the
use of building envelopes, no-build zones, or through required review and approval by the
easement holder of the location of new buildings and structures prior to construction.
4.
Restrictions on the location of permitted new roads or access ways, either through use of pre-
approved routes, no-road zones, or through required review and approval by the easement
holder of new roads or access ways prior to construction (note: roads or access ways for
public safety needs or for permitted uses such as farming or forestry may be constructed
and maintained).
5.
Limitations on alterations, demolition, or ground-disturbing activity that may impact cultural
or natural heritage resources.
Section III - General Water Quality, Agricultural Best Management Practices, and Forest Management
Rivers, Streams, Wetlands, Springs, or Shorelines:
A)
Applicant’s donation must meet the criteria set out in this section in order to qualify for tax credits if these resource features exist on the property. If
the answer to #1 is Yes, then the requirements of items (a) through (e) below must be satisfied. Identify page and paragraph numbers in the deed
of conservation easement.
If Yes, All Boxes
1.
Yes
The property contains or includes wetlands or frontage on a perennial stream
Page/Paragraph Number
or river, sinking streams (as defined above in Section I.F), lakes or tidal waters.
No-Go to B
Must Be Checked
(a)
The deed requires a riparian vegetated buffer that is at least 35 feet wide, or a wider buffer
if required by local, state, or federal law.
(b)
The deed prohibits within the buffer construction of new buildings or structures and roads
(existing buildings or structures, reconstruction of documented historic buildings and
structures on historic properties, certain water-dependent structures such as docks, existing
roads, limited stream crossings, and limited access points are permissible).
(c)
The deed restricts within the buffer other soil disturbances, including plowing (tree planting,
forest management in accordance with Virginia’s Forestry Best Management Practices for
Water Quality Guide, archaeological investigations, and restoration, reconstruction, and
maintenance of documented historic landscapes on historic properties are permissible).
(d)
The deed requires maintenance within the buffer of vegetative cover including forest, shrubs,
or warm-season grasses. Mowed lawns or mowed or grazed pastures do not constitute
vegetative cover for the purposes of this provision, but documented historic landscapes
involving mowed lawns or pastures on historic properties may be restored or reconstructed
and maintained, and control of non-native vegetation or removal of diseased trees is
permissible.
(e)
The deed restricts regular livestock grazing within the buffer (limited designated points for
crossing are permissible).
B)
Lands Used for Agricultural Production:
Check If Applicable
Page/Paragraph Number
Deed of conservation easement requires implementation of a written conservation plan that
stipulates the use of best management practices (such as proper nutrient management, utilization
of cover crops, and stabilization of highly erodible lands). The deed of easement must require
the plan to be developed in consultation with the local Soil and Water Conservation District or
the Natural Resources Conservation Service representative and to be implemented as long as
the lands remain in agricultural production.
Identify page and paragraph numbers in the deed of conservation easement.
4
Va. Dept. of Taxation LPC-1 W (Rev 8/08)
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