Fernandina Beach commissioners move to explore conservation easements to protect public lands

Mayor Veen opened a Fernandina Beach City Commission workshop focused on protecting conservation lands and asked Kelly Gibson, Planning and Conservation, to brief the commission on the city's conservation program and options for adding legal protections.

Gibson said the city has a long history of conservation activity, noting 22 years of participation in Tree City USA and recent ‘‘Tree City of the World’’ recognition. She told commissioners a 2020 one-time millage raised about $1,200,000 dedicated to conservation lands and that a 2020 fundraising effort produced roughly $202,000 from private donors. ‘‘We planted just over 2,000 trees’’ since 2019 and the city has added about 34.87 acres by acquisition plus roughly 39.9 acres converted to conservation through land-use changes, Gibson said. She also described local protections such as the dune preservation ordinance and coastal upland protection zone and named partners including the North Florida Land Trust and the University of Florida IFAS Extension Office.

Commissioners then focused on whether adding conservation easements would give a durable, enforceable layer of protection for land already intended to remain in conservation. Commissioner Ross said the charter and comprehensive plan reflect an intent that conservation lands be held ‘‘in perpetuity’’ and argued a conservation easement would provide ‘‘more legal standing’’ if future commissions sought to change a future land-use map.

The city attorney cautioned that easements confer equitable interests to the grantee and create enforceable rights. ‘‘A conservation easement under chapter 704 of the Florida Statutes is a perpetual easement,’’ the city attorney said, and said typical remedies for violation are enforcement actions or injunctions rather than money damages. The attorney also noted easement terms and grantee policies must align with the city’s comprehensive plan and day-to-day uses the city wishes to preserve.

Mayor Veen and others raised practical concerns about how easement language could affect routine uses such as trail maintenance. Veen asked how the city would be protected ‘‘if they determine conservation is not what we determine’’ decades from now and whether a grantee could prohibit maintenance that keeps trails usable. Commissioner Ross and others said sample state easement language can expressly permit activities such as trails and passive park uses, and that negotiating those specifics into the easement is part of the protection.

Vice Mayor Sturgis said he donated $1,000 to the conservation fund and supported easements if the process is ‘‘vetted’’ and not rushed; he and other commissioners repeatedly emphasized the need for public input, clear oversight and carefully drafted terms that grandfather in existing uses.

After discussion, Mayor Veen summarized a working consensus to proceed cautiously and asked staff to invite the North Florida Land Trust (or an alternative grantee) to present. The commission directed the city attorney to draft easement language or concepts for negotiation and asked staff to produce a working document for follow-up discussion. No formal motion or vote was recorded at the workshop.

Sheila Cokie, a public commenter, urged the commission to make protections more permanent, saying, ‘‘Thank you for considering making this more permanent.’’

The commission scheduled further consideration after the land trust presentation and additional staff work.