Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Historic Preservation topic
No spam. Unsubscribe anytime.
Lake Bluff resident urges boards to account for federal conservation easements during reviews
Summary
A Lake Bluff homeowner told the PCZBA the village’s review materials should show recorded federal and state conservation easements and plats so boards understand legal constraints and perpetuity restrictions that can limit local approvals.
During the public comment period at the Jan. 15 meeting, Stephanie Bjork, a property owner on East Prospect, asked plan commission and zoning board members to show conservation easements and recorded restrictions on plats and surveys that are provided to village boards.
Bjork described her family’s ongoing federal conservation easement enforcement litigation (Bjork v. Draper) and said federal easements create perpetuities that can place limits beyond the village’s authority. She said her home is within a federal easement recorded as part of the historic district and urged staff and commissioners to ensure plats and surveys included recorded restrictions so boards and applicants know what constraints exist.
Village staff responded that the village does not impose conservation easements and that the village would not generally enforce federal easements; staff said property owners must pursue enforcement in appropriate forums and that the village is not required to undertake litigation to enforce such private or federal restrictions. Staff also said that if submitted materials reference conflicts with federal or state law, that should be flagged so outside authorities can be contacted.
Bjork said she has asked staff in prior reviews to show easements on plats and to indicate recorded restrictions in project materials. The exchange concluded with the board noting the limits of village authority and staff reiterating that applicants should identify recorded easements in submission materials.
