Article 25. Adopt Conservation Fund Bylaw

ARTICLE 25. To see if the Town will vote to adopt a Conservation Fund Bylaw to establish a Conservation Fund pursuant to Mass. Gen. Laws c. 40, § 8C, to be administered by the Natural Resources Commission for the purposes of conservation, natural resource protection, and passive recreation; to authorize the expenditure of funds for the acquisition, preservation, protection, management, and improvement of land and interests in land for such purposes; to provide for the custody, investment, accounting, and expenditure of the Fund; or to take any other action relative thereto.

Town of Concord, Massachusetts
CONSERVATION FUND BYLAW

SECTION 1. CONSERVATION FUND

In the Town of Concord, there shall be a Conservation Fund (the “Fund”) created by this Bylaw and pursuant to, and governed by, Mass. Gen. Laws c. 40, § 8C.  The Natural Resource Commission may, in accordance with this Bylaw, expend money in the Fund for purposes of conservation, natural resources protection and related purposes in the Town of Concord for the benefit of Concord residents and visitors to Concord.

SECTION 2. USE OF THE FUND

A. The Fund shall be administered by the Natural Resources Commission (the “NRC”) pursuant to its authority under Mass. Gen. Laws c. 40, § 8C, Mass. Gen. Laws c. 131, §40, and this Bylaw.

B. The NRC is authorized to expend from the Fund for the following purposes:

1. Acquisition of conservation restrictions and agricultural preservation restrictions, easements in land for conservation and passive recreational purposes, or options for the same; 
2. Preservation, protection, management, and improvement of land for conservation and passive recreational purposes in the Town of Concord; 
3. Appraisal, engineering, planning, and legal services in connection with the purposes provided in this Section 2; and
4. Subject to the approval of the Select Board, the acquisition of fee interests in land including options to purchase. 

C. Prior to utilizing the Fund for the purposes of acquiring any real estate interest, the Natural Resources Director shall consult with the Concord Municipal Affordable Housing Trust, Town Manager and the Public Works Director to assess other potential interests in the subject real estate.

SECTION 3. INVESTMENT AND ACCOUNTING; TREASURER AS CUSTODIAN OF FUNDS

The Town of Concord Treasurer shall be the custodian of the Fund’s financial assets and shall maintain separate accounts and records for the Fund’s financial assets.

The Treasurer shall invest the funds in the manner authorized by the Mass. Gen. Laws c. 44, § 55 (Public Funds on Deposit; Limitations; Investments,) § 55A, (Liability of Depositor for Losses Due to Bankruptcy), and § 55B (Investment of Public Funds).

Any income or proceeds received from the investment of funds shall be credited to and become part of the Fund. All moneys paid to the Fund in accordance with any Town appropriation or private contribution shall be paid directly into the Fund and need not be appropriated or accepted and approved into the Fund. General revenues appropriated into the Fund become Fund property and to be expended these financial assets need not be further appropriated. All moneys remaining in the Fund at the end of any fiscal year, whether or not expended by the NRC within one year of the date they were appropriated into the Fund, remain Fund property.

Expenditures by the Fund shall be processed through the Town’s payment warrant but shall be subject to the provisions of Mass. Gen. Laws c. 44, § 55C. 

As the custodian of the Fund, the Treasurer shall issue checks as directed by the NRC. 

Article Explanation

This article proposes the adoption of a Conservation Fund Bylaw to establish a dedicated fund for the protection and stewardship of Concord’s natural resources. The fund would be administered by the Natural Resources Commission and used for purposes such as acquiring conservation restrictions, preserving and managing conservation land, and covering related planning, appraisal, and legal costs, as authorized by state law. Establishing this fund allows conservation-related revenues and appropriations to be set aside and expended efficiently over multiple fiscal years, providing a flexible and transparent tool to support the Town’s long-term conservation goals.

Article Motion

Mr. Boehm moves that the Town take affirmative action on Article 25 as printed in the Briefing Book.