As the Commonwealth faces sea level rise at an accelerating rate, we need to proactively plan for upland migration of wetlands to avoid losing them to inundation. Wetlands provide important water quality benefits, as well as habitat, shoreline erosion control, and flood buffering. In light of this risk of losing the significant water quality benefits provided by wetlands - and in order to help protect the investment of public funds in wetlands that now face a new threat of loss due to changing conditions - it would be helpful if additional points could be awarded to proposed projects that preserve land that a) is upland of wetlands that are projected to be inundated, and b) provides a path for upland migration because it is undeveloped and of acceptable slope to allow such migration.

Specifically, I suggest that on pp. 39-40 of the Grants Manual, the following be added [with many thanks to DCR and VIMS staff for their expertise and assistance in composing this language]:

7. Water Quality Benefit

Points may be given to a project that protects water quality by requiring permanent

vegetated riparian buffers exceeding a width of 35-feet along perennial waters and

wetlands. Points will also be awarded for forested buffers that maintain an evenly

dispersed minimal 50% forested canopy. Because protecting water quality is a long-

standing goal of the Commonwealth supported through many voluntary cost-share and tax-credit programs, these points are awarded to those projects that voluntarily provide greater water quality and habitat protections beyond the required 35-foot vegetated riparian buffer in perpetuity.

Wetlands provide invaluable protection for water quality, as well as habitat, shoreline stabilization, and flood resilience. In response to rising sea levels, tidal wetlands are naturally moving slowly inland. Man-made barriers including buildings, homes, and roads can prevent these tidal wetlands from migrating inland, resulting in loss of important marsh ecosystems. To help protect areas identified as potential future migration pathways for tidal wetlands, an additional two points will be awarded to those projects that intersect the Wetland Potential 2050 layer of the AdaptVA interactive map (https://cmap22.vims.edu/AdaptVA/AdaptVA_viewer.html); do not have bulkheads, riprap, buildings, paved roads or other infrastructure and impervious cover that would block upland migration of the adjacent wetlands; and prohibit construction or placement of buildings, paved roads, and other impervious surfaces in those areas. The landowner must agree to these protections that will be included in the final recorded legal documents to receive these two points.

Maximum 20 points

2 points if the project provides protections for migrating wetlands as stated above, PLUS

Riparian buffer points:

7 points if the buffer is forested (at least 50% forest canopy) and protected as such in perpetuity, PLUS

1’-2,000’ of water frontage that is buffered by a 50’-wide buffer = 3

 2,001-4,000’ of water frontage that is buffered by a 50’-wide buffer = 5

4,001-6,000’ of water frontage that is buffered by a 50’-wide buffer = 8

6,001’+ of water frontage that is buffered by a 50’-wide buffer = 10

OR

1’-2,000’ of water frontage that is buffered by a 100’-wide buffer = 5

2,001-4,000’ of water frontage that is buffered by a 100’-wide buffer = 8

4,001-6,000’ of water frontage that is buffered by a 100’-wide buffer = 10

6,001’+ of water frontage that is buffered by a 100’-wide buffer = 13 

Keep Century Farm as a part of the scoring.  See paragraph suggestion below.

"Current and historical use of property. Priority will be given to any property that is currently being farmed and/or is a designated Century Farm. Information about this program can be found at www.vdacs.virginia.gov/conservation-and-environmentalvirginia-century-farms.shtml"

-Thank you

HB846 Virginia Land Conservation Foundation; purposes of Foundation, easements takes effect July 1, 2026. It allows the Virginia Land Conservation Board of Trustees to “waive the requirement for a holder of a conservation easement to have such easement jointly held with a public body whenever such holder acquires any interest in land other than a fee simple interest from a grant or transfer from the Virginia Land Conservation Foundation, provided that such holder is accredited by the national Land Trust Accreditation Commission or meets a similar set of standards and practices adopted by the Board of Trustees and the easement contains a third party right of enforcement, as defined in relevant law, in favor of the Department of Conservation and Recreation or another public body.”

Grant Manual page 5, Project Requirements, bullet 3 states: "All nonprofit organization projects, whether fee simple or easement, must be protected by an open-space easement held by a public body (e.g., a state agency or local governmental entity), in perpetuity pursuant to Va. Code § 10.1-1020 (A)(2). An acknowledgement letter from the public body stating that it is willing to consider holding the easement or owning the property in fee must be included with the application."

Please revise with the following or other language deemed appropriate:

All nonprofit organization projects, whether fee simple or easement, must be protected by an perpetual open-space easement held by a public body (e.g., a state agency or local governmental entity), in perpetuity pursuant to Va. Code § 10.1-1020 (A)(2). Conservation easements shall either (i) be jointly held with a public body, or (ii) the Virginia Land Conservation Board of Trustees may waive the co-holder requirement provided that a) the nonprofit holder is accredited by the national Land Trust Accreditation Commission or meets a similar set of standards and practices adopted by the Board of Trustees and b) the easement contains a third party right of enforcement held by the Department of Conservation and Recreation or another public body. An acknowledgement letter from the public body stating that it is willing to consider holding the easement, owning the property in fee, or reserving a third party right to enforcement must be included with the application. Applications proposing sole nonprofit easement holding must include documentation demonstrating eligibility under these requirements.

Grant Manual page 5, Project Requirements, bullet 5 states: "For projects awarded funding, the requisite public body holder shall include language in the fee-simple deed or in the easement deed that states that the property will be taken under the Open-Space Land Act, Va. Code §§ 10.1-1700 through 10.1-1705, and that the protection is perpetual in nature and not extinguishable except pursuant to the provisions of the Open-Space Land Act.”

Please revise to clarify that, when the Virginia Land Conservation Foundation waives the requirement for a qualified nonprofit organization to co-hold a conservation easement with a public body, then the conservation easement will be enabled by, and the public body third party enforcement will be pursuant to the Virginia Conservation Easement Act.

HB846 Virginia Land Conservation Foundation; purposes of Foundation, easements takes effect July 1, 2026. It allows the Virginia Land Conservation Board of Trustees to “waive the requirement for a holder of a conservation easement to have such easement jointly held with a public body whenever such holder acquires any interest in land other than a fee simple interest from a grant or transfer from the Virginia Land Conservation Foundation, provided that such holder is accredited by the national Land Trust Accreditation Commission or meets a similar set of standards and practices adopted by the Board of Trustees and the easement contains a third party right of enforcement, as defined in relevant law, in favor of the Department of Conservation and Recreation or another public body.”

Grant Manual page 22, Appendix A – VLCF Grant Specifications, item I.6. states:
“For nonprofit applicants:
        a. an acknowledgement letter from the public body willing to: hold or co-hold an easement on the property; or hold the property in fee simple, and
        b. evidence that the nonprofit meets the holder requirements found in Va. Code §§ 10.1-1009 to 10.1-1017.”

Please revise to reflect changes indicated in HB846 Virginia Land Conservation Foundation; purposes of Foundation, easements which takes effect July 1, 2026, such as – for applicants requesting nonprofit sole holder easement project grant support – documentation that the land trust is accredited by the national Land Trust Accreditation Commission or meets a similar set of standards and practices adopted by the Board of Trustees and documentation that the Department of Conservation and Recreation or another public body is willing to serve as third party enforcer. 

HB846 Virginia Land Conservation Foundation; purposes of Foundation, easements takes effect July 1, 2026. It allows the Virginia Land Conservation Board of Trustees to “waive the requirement for a holder of a conservation easement to have such easement jointly held with a public body whenever such holder acquires any interest in land other than a fee simple interest from a grant or transfer from the Virginia Land Conservation Foundation, provided that such holder is accredited by the national Land Trust Accreditation Commission or meets a similar set of standards and practices adopted by the Board of Trustees and the easement contains a third party right of enforcement, as defined in relevant law, in favor of the Department of Conservation and Recreation or another public body.”

Dear Ms. Bulbulkaya:

On behalf of the Chesapeake Bay Foundation, Inc., (“CBF”) I am submitting comments regarding the Virginia Department of Conservation and Recreation’s (“DCR”) proposed revisions to the Virginia Land Conservation Foundation Grant Manual (“Grant Manual”).

CBF is a non-profit organization founded in 1967 and is devoted to the restoration and protection of the Chesapeake Bay. We are the largest independent conservation organization dedicated solely to the fight for effective, science-based solutions to the pollution degrading the Bay and its rivers and streams within the 64,000-square-mile-watershed. CBF boasts more than 60,000 members in Virginia and conducts restoration activities through advocacy, education, and litigation. The Grant Manual includes important provisions that impact the natural resources protections of conserved properties in the Bay watershed, prompting our interest in weighing in on the proposed revisions.

We appreciate that the proposed changes to the Grant Manual retain the important elevations recently made for water quality-related scoring. We support the retention of points for water quality benefits in the Additional Scoring Criteria. Specifically, we support the retention of the additional point afforded to riparian buffers that are forested and protected in perpetuity as well as the additional points for projects with buffers greater than 35 feet in width. CBF also supports the retention of the prior addition in Appendix D, Subsection 5 of wetlands protection language requiring vegetated riparian buffers and livestock exclusion adjacent to such wetlands.

We appreciate the opportunity to provide feedback on the proposed revisions to the Grant Manual. Please reach out to PFanning@cbf.org or (804) 258-1481 with any questions regarding our comments.

Sincerely,

Patrick Fanning

Virginia Staff Attorney  

Chesapeake Bay Foundation