LIVING ON KARST
Page 4
A REFERENCE GUIDE FOR LANDOWNERS IN LIMESTONE REGIONS
6/1/00
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22 Menu
You Have a Cave on Your Property:
Helpful Hints for the Cave Landowner
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The Legal Aspects of Cave Ownership
Twenty-two states (including Virginia and
West Virginia), Puerto Rico, and the Cherokee
Nation currently have laws pertaining to the protection
of caves. These laws cover a variety of topics
ranging from definitions, protections of features, permits for
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excavation and scientific investigation,
vandalism, and liability. Most state cave laws state that it
is illegal to remove or damage anything from a
cave, including rocks, formations, animals, or organisms.
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For further information on state cave laws, technical services, and management assistance contact your state natural resource management and conservation agencies.
Landowner Liability
Most state cave protection laws expressly limit the landowners' liability for scientific and recreational activities associated with caves. The West Virginia law reads: "Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person
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using such features for recreational or scientific
purpose if the prior consent of the owner has been obtained and
if no charge has been made for the use of such features."
Where to Go for Help
Many organizations are dedicated to caving
and cave conservation.
Virginia Cave Board
The Virginia Cave Protection Act provides for an advisory Cave Board. The Virginia Cave Board is
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administered by the Department of Conservation and Recreation and is active in environmental education and conservation of caves and karst. Please contact the Virginia Department of Conservation and Recreation for further information.
Cave Conservancy of the Virginias (CCV)
The CCV is dedicated to the conservation of wild caves, caverns, and karst areas in the Virginia and West Virginia area. Please contact: Cave Conservancy of the Virginias, P.O. Box 7067, Richmond, Va. 23221.
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Cave Registry Program
The Virginia and West Virginia Chapters of The Nature Conservancy maintain a cave registry program to encourage landowners to protect, voluntarily, the important caves or karst features on their land. The registry recognizes the value and beauty of these privately owned caves and honors those owners who volunteer to protect them. For more information, contact The Nature Conservancy Field Office in your state.
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The Nature Conservancy (TNC)
The Nature Conservancy is a national conservation organization committed to preserving natural diversity. The Conservancy is a private, nonprofit group with field offices in all 50 states.
The Nature Conservancy Virginia Chapter,
1233-A Cedars Ct., Charlottesville, VA 22908.
(804-295-6106).
The Nature Conservancy West Virginia Chapter, 723 Kanawha Blvd. East, Suite 500, Charleston, WV 25301. (304-345-4350).
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National Speleological Society (NSS)
The NSS is a nationwide nonprofit organization dedicated to the study, exploration, and conservation of caves and karst environments. For more information, contact: The NSS, 2813 Cave Ave., Huntsville, AL 35810.
American Cave Conservation Association (ACCA)
The ACCA provides educational programs to
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23 Menu
Cave Protection Options Available to Landowners
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Caves can contain unique and fragile archaeological, historical, paleontolo-gical, biological, geological, hydrological and economic resources. Each of these aspects can require specialized management and protection techniques.
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As a landowner in a karst region, you may know that your property could be an important piece of a much larger underground drainage puzzle. If your land has a cave entrance, you are the caretaker of a very special natural resource. Caves and the karst environment surrounding them are hydrologically
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connected (through groundwater and
surface water) and may contain unusual or rare species
of plants or animals. Protecting the cave and
karst environment is the only way to ensure good groundwater quality in your area. Landowners
have several voluntary options available to help
conserve these fragile environments for future generations.
Registry Agreement
• A landowner may have the opportunity to
"register" a significant cave with a conservation
organization. The registry agreement is not a legal
document,
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but merely the owner's written acknowledgment of the significance of the cave, and an expression of willingness to protect the site. The landowner usually receives a commemorative plaque or photo for being a registry participant.
Management Lease or Agreement
• Management agreements are
legal contracts between landowners and conservation organizations that state that the cave and surrounding land will be managed in a certain manner for a specified period. The landowner may turn over management
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responsibilities to a conservation group but retains ownership of the entire property.
Conservation Easement
• A conservation easement can be offered to a landowner by a conservation organization to limit certain uses of the property. Easements are very flexible and may be tailored to meet the individual circumstances. An easement is a permanent restriction on the use of the property and is recorded with the land records held by the county registrar of deeds or titles. By granting a conservation
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easement, a landowner is giving up unused property rights of some economic value, and may be able to claim a charitable contribution on federal tax returns and reduce capital gains, local real estate, and inheritance taxes.
Fee Acquisition
• A landowner may have the option of selling a portion of his/her property to a conservation organization in the business of preserving, protecting, and owning preserves. There are many ways in which an owner can sell all or part of his/her
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property. Some of these options may allow a tax deduction; others may allow the owner life-long rights to remain a resident on the property.
Sharing the Costs
• Government agencies and public and private organizations can help share the cost of some karst management or karst protection programs.
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Transferable Development Rights
• The concept that a property owner's "rights" to develop a site can be voluntarily given up or sold to a local jurisdiction is being tested in some
rapidly growing parts of the country. The City of Virginia Beach, VA, for example, is seeking to protect valuable wetlands, farmland, and water quality by offering a financial solution to farmers challenged by rising land values, taxes, and urban sprawl. Contact your regional planning commission to find out if these types of programs are offered in your area.
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24 Menu
References Used in this Publication
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Aley, T., 1989. Land Use and Protection of Water Quality in Karst Areas. Course Manual: Practical Karst Hydrogeology with Emphasis on Groundwater Monitoring, November 27 - December 1, Springfield, MO.
Alliance For A Clean Rural Environment.
ACRE Fact Sheets. Kansas City, MO.
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American Cave Conservation Association.
Spring-Fall 1995. An Evaluation of State Cave
Laws, American Caves.
American Cave Conservation Association, 1995. What Goes Down Comes Back Up Sinkholes: Nature's Storm Drains. American Cave Adventures.
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American Farm Bureau Federation. Protecting Our Groundwater, A Grower's Guide.
Bullard, Loring, 1995. Is Your Water
Well? American Cave Adventures, American Cave Conservation Association.
Driscoll, F. G., 1986. Groundwater and Wells, Johnson Filtration Systems, Inc., St. Paul, MN, 1089 pp.
Mann, Julie E., Shiller, Paige Alyson. Citizens Water Quality Handbook. Northern Virginia Soil and Water Conservation District.
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National Small Flows Clearinghouse, Summer 1995. Septic Systems - A Practical Alternative for Small Communities, Pipeline, Vol. 6, No. 3.
National Small Flows Clearinghouse, Fall 1995. Maintaining Your Septic System - A Guide for Homeowners. Pipeline, Vol. 6, No. 4.
Nickinson, Pat, 1986. Sandcastle Moats and Petunia Bed Holes, A Book About Groundwater. Virginia Water Resources Research Center.
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Shenandoah County Water Resources Steering Committee. Protecting Your Drinking Water.
United States Department of Agriculture Soil Conservation Service. Water Quality and Quantity for the 90's, Fact Sheets.
Virginia Agricultural Extension Service.
Virginia Cooperative Extension. Reducing Erosion and Runoff Virginia Gardener.
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Virginia Cooperative Extension, Virginia Polytechnic Institute and State University, 1995. Virginia Farmstead Assessment System.
Virginia Department of Forestry. The Forest Landowner and Water Quality.
Virginia Department of Health, Division of Sanitarian Services, 1500 E. Main Street, Richmond, VA 23219.
Virginia Department of Health, Division of Water Supply, 1500 E. Main Street, Richmond, VA 23219.
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Watershed Committee of the Ozarks. How to Protect Your Well.
Watershed Committee of the Ozarks. Quality Development and Stormwater Runoff.
Watershed Committee of the Ozarks. Sinkholes - Inlets For the Underground Water System.
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Watershed Committee of the Ozarks.
Water Protection At Home.
Weigmann, Diana L., and Kroehler, Carolyn J. Threats to Virginia's Groundwater. Virginia Water Resources Center.
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25 Menu
The Reason for this Guide
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The residents of karst areas need to be aware of how day-to-day activities affect the groundwater and fragile ecosystems in their karst regions. The Cave Conservancy of the Virginias recognized the need for information about karst resources and produced this guide. The Cave Conservancy, established in 1980, has been chartered to protect karst in Virginia and West Virginia. The Cave Conservancy has dedicated its efforts towards the conservation of the over 5,000 wild
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caves found in the Virginias. The Cave Conservancy has directed conservation work toward the protection of all cave resources, including habitats for endangered species, cave watersheds and springs, and important recreational caves. Education of the public about caves and cave resources is a primary goal of the Cave Conservancy. This guide is foreseen to play a major role in assisting landowners to become more aware of the significance of living in a karst environment.
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This guide will be helpful to homeowners, farmers, cave entrance owners, business people, and anyone who lives, works, or plays in karst areas. Additionally, the guide will be useful to educators, developers, park managers, watershed and conservation groups. Karst is an important resource in your state. Not only does karst
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contain beautiful features such as fragile cave formations, it also may hold the key to the health of an entire town or city by its links to drinking water. The Cave Conservancy board and staff hope that a greater understanding of karst resources will come by reviewing this guide.
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Acknowledgments
This publication is a result of the combined efforts of many individuals. Edited by Carol Zokaites with Terri Brown, Virginia Karst Project provided editing support and technical assistance. George Wills provided the illustrations. Joe Zokaites did the computer graphics. Several members of the Cave Conservancy of the Virginias helped with content selection, editing, and proofreading. Wm. K. Jones is the photographer for the cover photograph.
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Living on Karst Above Menu.
© Cave Conservancy of the Virginias 2000. All Rights Reserved.
All Proprietary rights are reserved by the photographers.