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Claude Doucet, a Landowner Makes His Dream Come True
When Claude Doucet bought his land, Quebec's agricultural protection law did not yet exist. With this new law, at the beginning of the 1980's, Mount Pinnacle was zoned green because it was, for the most part, a sugar bush. "Ten years later, 800 acres on the peak and the north face of the Pinnacle were rezoned white to allow a ski hill, golf course and condominium project, which resulted in a huge controversy," he said. Mr. Doucet was deeply concerned by this situation, joining forces with other residents to put a stop to this decision and to support the introduction of municipal bylaws to control development. "It was in this context that the Mount Pinnacle Land Trust was created, acquiring 143 acres of the mountain in order to preserve these natural areas from all forms of development. I thus became an active member of the MPLT from the very beginning."
For many years Mr. Doucet dreamed of protecting his property in perpetuity. He would love to see his neighbors protecting their natural areas as well. But one must start somewhere. "I started to think about it five years ago. The idea simmered slowly. After several meetings with the Mount Pinnacle Land Trust and the Appalachian Corridor (ACA) team, I opted for the conservation servitude. They explained the process of establishing a servitude, and they supported me every step of the way. Now that this process is clearly defined, I am sure it will make the task easier for other landowners who wish to take advantage of this type of conservation agreement," he explained.
 It was the fear of zoning changes that motivated Mr. Doucet to give a conservation servitude to the MPLT. "Zoning regulations have become more and more "fragile." I see all around me how relatively easy it is to rezone a property and to allow other land uses. Municipalities can also change their zoning plans every five years. That is also fragile. It is therefore up to the landowners to protect the land from these changes. With a conservation servitude you ensure the protection of natural areas forever, even if you sell the land or bequeath it to your children."
Claude Doucet also noted that over the years the agricultural vocation of the district has almost completely disappeared. All around his place, there used to be nothing but farms. "Now, most of my neighbors are city dwellers who have acquired large properties. Some try to recreate the landscape they had in the suburbs. They plant fir trees that grow quickly and obstruct the scenery, they create a little pond with a waterfall…There is no local "fabric" left, he said.
But Mr. Doucet has not given up. He has requested that the Mount Pinnacle Land Trust install a sign on his property indicating that the ecological integrity of his land will be protected thanks to the conservation servitude he granted to the MPLT. He hopes that by setting an example his neighbors will become aware of the "natural richness" of their part of the world. "Often, people fear their properties will be devaluated by a servitude which restricts certain uses. Me, I'm convinced that the opposite is true. I think that if many landowners in the same area commit to protecting the natural areas of their property, it will add value to the entire region. When someone buys a piece of land knowing that their neighbor cannot subdivide or develop their property, the land can only be worth more…. It's an added-value!"
As one of the steps leading to the servitude, a conservation plan was developed by biologists in order to determine the ecological value of the property as well as the key elements to be protected. Claude Doucet remarked that certain constraints delineated by the plan actually do limit certain land uses, but the rewards are worth it. "In my forest the ACA biologists noted the presence of the Red-Shouldered Hawk, a very rare bird of prey that needs a mature forest for feeding and nesting. This bird would be severely affected if I logged the sugar bush. The conservation plan therefore delineates a protection zone around the nesting area and indicates the nesting period during which I must abstain from all activity. But on the other hand, I have the pleasure of providing this threatened species with a quality habitat!" Like many things, it's all a question of balance…
Stansje Plantenga
Extracts of testimony from Stansje Plantenja, President and founder of the Ruiter Valley Land Trust and natural habitat donor
Toward the realization of a dream
“In 1984, my husband and I decided to reorient our lives. We talked about the future, and about the division of our assets among our children. My husband owned 700 acres, far more than we really had any need for. What was important to me was that I have access to this land to go walking there with my dogs! Also, he and I wanted to be sure that upon our deaths, this natural jewel would be preserved in its wilderness state, but we didn’t know how that could be accomplished.
I was looking for a way to protect my land and the valley as a whole, not all by myself, but by rallying to my dream people who, like me, are sensitive to the importance of taking care of the valley and protecting its beauty in perpetuity. I did some research, and stumbled across a very interesting article on American land trusts. My husband and I decided that the land trust formula was the right formula for our dream.
Creating Quebec’s first land trust
“In 1987, we created the Ruiter Valley Land Trust by making a donation of 400 acres of land. We solicited the support of lawyers, scientists, fund-raising professionals and representatives of American land trusts to get the project off the ground and to form our first Board of Directors. The concept was so innovative that we had to do battle at the government level just to obtain the status of non-profit organization capable of issuing charitable receipts.
Conservation servitudes: The conservation tool of choice
“The conservation servitude is, in my opinion, the most effective tool for preserving the integrity of natural habitats on private land. The servitude is based on a cooperative approach between the property owner and the trust. To me, promoting this form of conservation is a “quiet revolution” in matters of environmental protection; we seek to inspire people and to change their relationship with nature. In the past, nature often inspired fear; it exerted its supremacy over Man. Since Man developed technological power, nature has suffered its devastating effects. Our approach sensitizes the community to the fact that a tree or a bird has needs just as we do, and that we must seek to re-establish balance in order to meet all of these needs.
I decided in November 2001 to donate another part of my property (80.09 acres), and to donate 2 conservation servitudes (23.92 acres). I was very surprised to discover in my conservation plan that the Spring Salamander-an endangered species- inhabited some small streams that cross one of the properties on which I wanted to maintain cutting rights. The nest of a Red-shouldered Hawk, another threatened species, was also found. What a great gift that conservation plan was. I immediately renounced my cutting rights!
Toward a more global perspective
“As I come from overseas, from the Netherlands, I have a different perspective on the Appalachian Corridor territory. I see this territory as being part of a northern geographic ensemble, where there are still tracts of wilderness and where the integrity of these tracts is in greater and greater peril. I think that Canada possesses a natural treasure, and that it has a responsibility to protect it. It is a gift for humanity.
I also think that the population is increasingly sensitized to its own responsibility with respect to its environment. It seems to me that more and more people will be leaving the cities for the open spaces, and to find a better quality of life here. We must develop a more global vision in terms of development, which would reconcile the economic interests with those of the environment. Economic development now occurs somewhat haphazardly: a factory is set up here, wood-cutting goes on over there, condos are developed somewhere else, all without any global development plan that takes into consideration the ecological value of certain sites, the value of certain landscapes, and specific community needs. It just doesn’t happen. Let’s start now. Why not?”
Victor et Elisabeth Allistone
The ecological beginnings
During the 1970s, the Allistones purchased some properties contiguous to the one they already owned in Sutton, and ended up owners of 479 acres of land on the flanks of Mount Gagnon. “We were extremely interested in forestry techniques with a view to conservation and reforestation. We planted 2,000 pines, and we took forestry courses at Macdonald College. In 1976, we even obtained official accreditation as a “Forestry Farm” from the Association forestière des Cantons-de-l’Est,” Elisabeth notes proudly, “an association of which we are still members”.
A few years ago, the Allistones’ Forestry Engineer, François Pelletier, showed them his discovery of an unsuspected wealth on their property: a century-plus old forest. Located near the summit of Mount Gagnon, the forest is composed, in a proportion of about 65%, of maples of great size and of very high quality. Furthermore, this forest, which is also composed of Yellow Birch and American Beech 100 years old and older, constitutes a representative example of the Appalachian forest. “In the Sutton Mountains region, there are few such woods. We decided to preserve this wealth forever by donating this part of the woodlands to a conservation organization,” explains Elisabeth. After several exploratory meetings, they went through the ecological donation process for their 32-acre century forest.
 “Numerous initiatives with resource people from Nature Conservancy, the Ministère de l’Environnement du Québec and Environment Canada, as well as with chartered evaluators, were needed to succeed with our aims. It all began with an excellent ecological evaluation of our property, performed by Louise Gratton, who is the scientific advisor for the ACA. We learned, among other things, that all through our woods runs a section of brook that houses Spring Salamanders, a species endangered in Canada. Our century forest is also carpeted with Wild Leek. Bird species were also noted that are considered to be in decline in the Appalachians, such as the Wood Thrush, Black-throated Blue Warbler, and the Blackburnian Warbler. All of these factors convinced us of the rightness of what we were doing,” Elisabeth states.
Ever since the Allistones undertook to make this ecological donation, they have received numerous messages of appreciation in their surrounding area, among their neighbours and with the community groups in which they are active. In addition, on the occasion of the celebration of the 40th anniversary of Nature Conservancy, their participation in safeguarding our forest heritage was officially and publicly acknowledged. But what counts first and foremost to them is protecting the forest, its little brook, and the species that live there, both now and in the future. “We are also particularly happy to give something in return for the many wonderful years we have spent in the Sutton region.”
“In this area, we are something of a pioneer, and I hope that our gesture will inspire other landowners to undertake voluntary conservation initiatives in the Sutton Mountains area.” The Allistones note that, surrounding their property, other lands also protected in perpetuity could be adjoined. “A landowner can choose to establish a conservation servitude on his land or part of his land to guarantee its protection in perpetuity without losing title as owner of the property, and I think this alternative is extremely interesting,” Mrs. Allistone remarks. Notice to all interested parties!
Joyce Booth
A gift that lasts forever
 In the 1980s, Mrs. Joyce Booth, her husband and her mother often went on country hikes searching out some of the most beautiful corners of the Eastern Townships. Troubled by drastic logging which was scarring the landscape in order to create large residential development projects, Mr. and Mrs. Booth decided to buy a forest. “Our decision was an impulsive one, motivated by our emotions. I told myself that if I bought a piece of land, then no-one could build on it. In October 1989, we saw a little ad in The Gazette, we came down and saw this little plot of 50 acres sitting right alongside the huge Domtar holdings near Mansonville, and just a few kilometers north of the property protected by the Ruiter Valley Land Trust, and we bought it on the spot.”
For several years, Mr. and Mrs. Booth came down regularly to their forest, which is essentially good quality deciduous woodland, but hard to access. “You could do part of the road by car, but you had to do the rest on foot. After my husband’s death three-and-a-half years ago, I didn’t feel capable of doing the trip alone. I considered the possibility of willing the land to my three children as an inheritance, but I thought they would have trouble selling it given its inaccessibility. I wanted above all to ensure that it would be protected in perpetuity, without having to assume the entire responsibility for that protection myself.” So Mrs. Booth decided to take the necessary steps to donate her land to the Ruiter Valley Land Trust, an organization she had been a member of for many years.
“The support of a conservation organization is essential in terms of building the dossier, finding the services of professionals, and following the required procedures with the provincial and federal authorities. Stansje Plantenga, the President of the Ruiter Valley Land Trust, was a huge help to me in ensuring I could take advantage of the tax benefits of the Ecological Donation Program jointly administered by Environment Canada and Quebec’s Ministry of the environment.”
To make an ecological donation, a request must first be sent to the Ministère de l’Environnement du Québec (MENV), which evaluates the property’s ecological characteristics in order to verify its eligibility for the ecological gift program. If it is eligible, the MENV sends the donor a notice of intention to issue a tax visa when the transaction is concluded. Environment Canada then determines the fair market value of the property. “The procedure leading to conclusion of the transaction is a bit complicated, but our role as a conservation organization is to facilitate these initiatives by offering our knowledge and our resources. The ecological gift program has just been updated, and it now offers very interesting tax advantages. There is no limit on the eligible amount, and it can be used against 100% of net income,” explains RVLT president Stansje Plantenga.
Mrs. Booth is more than satisfied with her initiatives since she took advantage of the tax benefits relating to the ecological donation program. “In my opinion, despite several difficulties along the way, the move has been entirely worthwhile… This is an incentive that should not be ignored when approaching landowners,” she states. Mrs. Booth feels an even deeper satisfaction now, that of knowing that this land will be protected in perpetuity by a conservation organization, and who knows, maybe her move will induce other landowners to join in and become part of this vast movement for conservation of our natural heritage.
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