Harpswell has an abundance of preserves and trails, some created after purchase or donation of the land, others the result of an easement on the rights for development of the land. But how might a property embark on this journey so well described by Mary Connolly in her series “When Land Becomes Part of a Land Trust” (October 2023 and March 2024)?

The land, of course, has been here from time immemorial. The woodlot you wander through may have once been seabed, then bare rock, scoured by glacier. Gradually, grass and shrub colonized it. Time allowed trees to rise unhusbanded from the thin soil, witnessing indigenous summer folk who came for the game among their trunks and the bounty found on the shore. After the European settlers arrived, the trees often gave way to farm fields and pasture.

Little by little, the farms were reduced or abandoned, the trees came back, and today we have the forested landscape so familiar to us, not exactly rewilded or restored, but certainly, where development hasn’t yet intruded, more closely approaching natural landscapes than the cultivated vistas of the 19th and early 20th centuries.

Development pressures are today’s challenge to the land. Housing is in short supply, and many visitors find Harpswell appealing as a location for a second home or their retirement. In the face of rising property values, protecting the land can be a challenge.

How a property finds protection usually begins with an owner who feels a strong sense of stewardship to their property.

Maybe the land evokes family history: an old foundation remains where once a barn housed an ancestor’s milk cows, or the skeleton of a shed where schooners for the blue water trade were built still stubbornly resists collapse. Perhaps the land echoes with remembered laughter of children playing and exploring, children now beginning families of their own. Or maybe, in the wake of some trauma, the owner found solace in a woodland parcel where they could heal and restore a shattered spirit. Whatever the reason, the owner comes to feel that the land has an inherent value, is not simply an asset on a financial statement or an “investment” to be cashed in when the market is ready to pay the highest value.

Once an owner has decided to steward their property as a living reflection of history or as an ongoing source of solace or inspiration, the question of how this might best be achieved arises.

Harpswell Heritage Land Trust (HHLT) is an excellent resource for answering this question. Through long experience, HHLT is familiar with a variety of organizations and strategies that might offer an owner in this circumstance a means to realize their vision.

The owner is well served to think about what that vision is before going to HHLT, considering the land’s characteristics and location. Do they cherish the sound of kids climbing trees? Or value the solitude of woodland groves? Would they welcome an orchard? Maybe some restoration of sweetgrass or eel grass, long gone but once present, excites their imagination.

Once the owner has an idea of what future they envision for their land, HHLT can help them hone it by raising questions the owner may not have thought of. HHLT will ask about the nature of the property: What is its history? Does it have special habitat, particularly habitat that is scarce in Harpswell? Are there wetlands, and if so, are they year-round or seasonal?

Landowners who are curious about the conservation value of their land can start by referring to the town of Harpswell’s Open Space Plan. In general terms, the elements determined by the town as desirable for protection “include 1) fresh, salt and groundwater, 2) high value habitats, 3) scenic splendor, 4) recreational opportunities, and 5) cultural/historic/civic locations.” There are twelve physical focus areas the Town has defined, but protection of open space isn’t limited to the focus areas. There are a number of specific concerns subject to protection strategies outside the defined physical focus areas, for example, vernal pools and uplands related to wetlands.

Other factors include whether the owner’s land abuts land already protected, or is part of a wildlife corridor or freshwater system. Maybe there are freshets or springs on the property; maybe deer and turkey use the land along with other already protected land nearby.

In the meantime, HHLT will do its own due diligence in evaluating the conservation value of the owner’s land, and will often perform an ecological assessment. A survey will help to establish any potential boundary issues or rights of way, and an appraisal will help determine the property’s value. These can be done by HHLT or the property owner, depending on the situation.

At this point, the real discussion begins. If the property fits into the land trust’s priorities, HHLT may be interested in purchasing the land, depending on the owner’s offer. Alternatively, if the owner is in a position to donate the land (or an easement on it) HHLT may have interest in accepting it.

It may be, after full examination and discussion, that HHLT doesn’t find the property falls within the parameters of its mission. In that case, HHLT may refer the owner to another trust, such as the Maine Coast Heritage Trust or the Maine Farmland Trust as more in keeping with the owner’s vision. There may be other qualified entities, even the town, who would agree to hold a conservation easement or welcome ownership of the property.

If an easement is to be donated, a stewardship gift may be requested, paid to cover the costs of monitoring and, should such need arise, enforcement of the terms of the easement.

HHLT is also able to suggest alternatives to transfer of the property or the rights to the property. The owner’s needs might be better met by restrictive covenants than by transfer of rights or ownership. These sorts of options are best explored with an attorney versed in real estate law.

In short, there are many possible trails available to benefit the nature of the land. Harpswell is fortunate to have HHLT as both resource and custodian for its natural (and historical) resources.