Provo council backs exploration of conservation easement for city-owned land at Bunnell’s Fork

Provo City Council on Sept. 9 voted 6-1 to direct staff to pursue a conservation-easement process for certain city-owned parcels in Bunnell’s Fork (also called Bunnell’s Canyon in materials). The council asked administration to work with Utah Open Lands, a local land-trust organization, to draft an MOU, conduct a public-interest valuation study as required by state law and prepare the required public hearing materials.

Wendy Fisher, executive director of Utah Open Lands, told the council the organization has a long track record of holding conservation easements for public and private landowners and stressed that easements are custom documents that can preserve public values while allowing agency uses the council needs to retain. “A conservation easement…is tailor-made. You can't just take one conservation easement and place it on another property because that land is going to be different,” Fisher said, describing how easements can codify permitted public uses and management plans while guarding against incompatible development.

City staff said the parcels at issue are outside the municipal boundary but are city-owned and contain springs and other watershed resources used by Provo. Staff noted the city can provide nonmonetary assistance to a qualifying nonprofit under Utah state code if the transfer is shown to be in the public interest; state law requires a public-interest valuation study and a public hearing before a council may authorize the easement.

Planning analyst Malia Daley summarized the next steps proposed by staff: (1) prepare a memorandum of understanding with Utah Open Lands; (2) draft the conservation easement with city legal and departmental input so that municipal rights and utilities access are expressly retained; (3) complete the valuation/public-interest study and public outreach; and (4) hold the statutorily required public hearing and council vote on a resolution authorizing the easement if the council finds public benefit.

The council’s roll call vote was 6 in favor, 1 opposed. Councilors supporting the motion said they viewed the approach as a way to protect watershed and open-space values in perpetuity while retaining necessary municipal access and management rights. The dissenting councilor said they were concerned about ceding oversight to a nonprofit for property the city owns and preferred retaining sole municipal control for long-term utility and management flexibility.

Staff and Utah Open Lands said they will return with a draft MOU and will coordinate with city legal, public works, parks and recreation, and other departments to ensure the easement language preserves city rights for water access, maintenance and other municipal needs. The public-interest valuation study and draft easement will be available for public review and will be the subject of one or more council public hearings as required by Utah law.