Donation of Land

Karyn Rodrigues

Senior consultant, LEED AP ND & BD+C

Arup

LEEDuser Basic Member

10 thumbs up

October 10, 2013

Hi Eliot, My project has a "permanent protection area" (qualified as Conservation Easement). This area meets the requirements described in SLLc8 and is also a donation from the landowner to the municipality, in order to be protected in perpetuity. However, in Brazil, the responsible to mantain and conserve this area has to be the onwer itself, not the municipality or other relevant public agency. Given that, is it still possible to achieve the credit?

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Eliot Allen

LEED AP-ND, Principal

Criterion Planners

LEEDuser Expert

231 thumbs up

Thu, 10/10/2013 - 19:11

Karyn, it sounds like you should attempt an alternate compliance path (ACP) whereby permanent protection is achieved through a deed covenant granted by the owner. The credit specifically prohibits this method for U.S. projects, but you might be able to argue that Brazil circumstances justify such an ACP. If you decide to pursue an ACP, you should run the idea by staff first. Eliot