NRD-Lite Vermont draft — NRD-DAO Atlas

Illustrative sample. Not for execution.

This is an illustrative draft. It is not a counsel-prepared deed and it is not suitable for recording with any Vermont county recording office. Every load-bearing claim is marked (counsel-confirmation required). Real per-jurisdiction templates must be produced through the process in 01-nrd-lite/06-drafting-strategy.md. Do not use this document to convey, record, or evidence any property interest.

This sample reduces the 11 load-bearing elements (01-nrd-lite/02-load-bearing-elements.md), the five legal-floor tests (01-nrd-lite/04-legal-floor.md), and the methodology incorporation requirements (01-nrd-lite/05-methodology-incorporation.md) to deed text for a hypothetical Vermont forest property. It maps the VECR to an in-gross conservation easement under 10 V.S.A. §§ 821–824 — the most likely common-law mapping per 01-nrd-lite/04-legal-floor.md.

DEED OF VERIFIED ECOLOGICAL CONDITION RIGHT

(In the form of an in-gross conservation easement under 10 V.S.A. §§ 821–824) (counsel-confirmation required: that 10 V.S.A. §§ 821–824 supports the VECR’s defining features as drafted, and that the VECR is properly characterized as an in-gross conservation easement rather than another category)

Recitals

A. Grantor, J. Doe (“Grantor”), is the sole record owner of certain real property situated in the Town of [TOWN], County of [COUNTY], State of Vermont, more particularly described in Exhibit A (“the Property”).

B. Grantor wishes to convey, and Grantee wishes to accept, a property interest in the verified ecological condition of the Property, defined and held as set forth herein.

C. Grantee, Maple Ridge Conservation Stewardship LLC, is a Vermont limited liability company in good standing, organized for the purpose of holding and administering this Right (the “Wrapper Entity”). Grantee is identified solely for the purpose of holding the Right granted herein; the Wrapper Entity’s internal governance is set forth in its Operating Agreement and is not incorporated into this instrument.

D. Grantor and Grantee acknowledge that this instrument creates a real-property interest under Vermont law, intended to bind successors in title to the Property and to be recorded in the [COUNTY] Town Clerk’s office.

E. Grantor and Grantee further acknowledge that this instrument is not intended to qualify as a “qualified conservation contribution” under Internal Revenue Code §170(h) by reason of the Wrapper Entity’s status alone. (counsel-confirmation required: §170(h) qualified-organization analysis; the parties’ understanding that an affiliated 501(c)(3) holder under a coordinated structure may be required for any landowner seeking a §170(h) deduction; see § 12(c) below)

1. Granting Clause

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys, and confirms unto Grantee, its successors and assigns, the Verified Ecological Condition Right in and over the Property, as defined in § 2 below, to have and to hold for the term set forth in § 3, subject to the reservations, covenants, and provisions of this instrument.

The Verified Ecological Condition Right is conveyed in gross, runs with the Property, and burdens the Property as a real-property interest under 10 V.S.A. §§ 821–824. (counsel-confirmation required: granting clause language conforms to Vermont conveyancing conventions and to the requirements of 10 V.S.A. §§ 821–824 for an in-gross conservation easement; “touch and concern” and “vertical privity” doctrinal requirements are satisfied)

2. Definition of the Verified Ecological Condition Right (VECR)

2.1 Definition

The “Verified Ecological Condition Right” or “VECR” means the exclusive right, during the term of this instrument:

(a) to measure the ecological condition of the Property under the methodology defined in § 2.2 below;

(b) to attest to the result of any such measurement, by signed cryptographic attestation issued under the methodology;

(c) to economically exploit the verified ecological condition so attested, including by causing or authorizing the issuance and sale of credits, certificates, or instruments by a registry function operating under the methodology; and

(d) to enforce the covenants, restrictions, and reservations set forth herein.

The VECR does not include any right to extract, remove, harvest, or otherwise convert any physical product of the Property. The VECR is a measurement-and-attestation right, not an extraction right. (counsel-confirmation required: the VECR’s definition does not collide with the holder’s reserved fee-simple rights under Vermont law and does not inadvertently characterize as a profit à prendre)

2.2 Methodology Incorporation by Reference

The methodology by which ecological condition is measured under this instrument is the Earth Credit Methodology, version EC-M-1.1, dated April 2026, identified by content-addressed cryptographic hash:

SHA-256: [METHODOLOGY-HASH-PLACEHOLDER]

(the “Methodology”). The Methodology is incorporated by reference into this instrument as if fully set forth herein.

A human-readable synopsis of the Methodology is attached as Exhibit C (the “Methodology Summary”) and is recorded with this instrument as a paper-backup against future digital-archive failures. The full Methodology is preserved at three independent archives identified in Exhibit B, in accordance with the Wrapper Entity’s archival commitment. (counsel-confirmation required: that incorporation by reference of a hash-pinned external document is enforceable in Vermont, and that the paper-backup exhibit satisfies the “reasonably accessible” requirement for incorporation by reference under Vermont law)

2.3 Methodology Updates

The Methodology version pinned at execution governs the VECR. Subsequent versions of the Methodology may be incorporated only through the following procedure:

(a) the Wrapper Entity’s members ratify the new version through the procedures set forth in the Wrapper Entity’s Operating Agreement;

(b) the new version’s hash and version identifier are recorded in the Wrapper Entity’s books and records and made available to Grantor and Grantor’s successors on reasonable request; and

In the absence of ratification, the VECR continues to be measured under the Methodology version pinned at execution. (counsel-confirmation required: that delegating methodology-version selection to the Wrapper Entity’s governance does not impair the deed’s specificity for purposes of incorporation by reference)

2.4 No enumeration of carbon, biodiversity, or ecosystem-service rights

The VECR is defined solely by reference to verified ecological condition under the Methodology. This instrument does not enumerate or sever specific rights in carbon, biodiversity, ecosystem services, water, or any other discrete commodity. The Methodology is the exclusive definitional source for what is measured and what is attested. (counsel-confirmation required: that not enumerating commodity-specific rights is preferable to enumeration in this context, and does not create a Vermont-specific characterization problem)

3. Term

The VECR is granted for a term of ninety-nine (99) years commencing on the date of recording of this instrument with the [COUNTY] Town Clerk (the “Term”).

The Term is fixed and finite. No party has the unilateral right to extend the Term. Extension or renewal of the Term may occur only by a separate written instrument, executed by Grantor’s successor and Grantee’s successor (or their permitted assigns), and recorded with the [COUNTY] Town Clerk. (counsel-confirmation required: that 99 years is within Vermont’s permissible range for an in-gross conservation easement, and that excluding unilateral extension is consistent with the “alienability” test under 10 V.S.A. §§ 821–824)

Upon expiration of the Term, the VECR shall revert in accordance with § 8 below.

4. Identification of the Holder

The Holder of the VECR is Maple Ridge Conservation Stewardship LLC, a Vermont limited liability company, with its principal office at [ADDRESS], Vermont. Grantee’s organizational documents, including its Operating Agreement, are referenced for identification purposes only and are not incorporated into this instrument.

Grantee covenants, on behalf of itself and its successors, to maintain its existence as a Vermont limited liability company (or successor entity qualified to hold the VECR under 10 V.S.A. §§ 821–824) throughout the Term. (counsel-confirmation required: that the Wrapper Entity, as a Vermont LLC, qualifies as a permissible holder of an in-gross conservation easement under 10 V.S.A. § 822, and that no affiliated 501(c)(3) is required for the deed to be enforceable as such; separately, that an affiliated 501(c)(3) is required for the landowner to claim a §170(h) deduction)

The deed is legally complete on its own. Its enforceability does not depend on any provision of Grantee’s Operating Agreement, any smart-contract code, or any external document other than the Methodology incorporated under § 2.2.

5. Measurement Standing

5.1 Reserved rights of Grantee

Grantee shall have, throughout the Term, the following rights to enable measurement and attestation under the Methodology:

(a) Right of entry with reasonable advance notice to Grantor, for the purpose of inspecting, measuring, sampling, and monitoring the Property;

(b) Right to install and operate monitoring equipment, including without limitation soil sensors, weather stations, acoustic recorders, and remote cameras, with reasonable care to minimize disturbance and reasonable advance notice to Grantor of any installation;

(c) Right to use remote sensing, including satellite imagery, aerial photography, and LiDAR data, without advance notice to Grantor;

(d) Right to take samples of soil, vegetation, water, and fauna, in quantities reasonably necessary for Methodology execution and with reasonable care;

(e) Right of ownership of all measurement data, attestation receipts, and Methodology outputs derived from the Property; and

(f) Right to publish measurement results, subject to such confidentiality protections as are agreed in writing between the parties.

5.2 Carve-out from § 10 (Coordination)

The rights set forth in this § 5 are explicitly preserved notwithstanding any provision of any conservation easement or similar conservation instrument now or hereafter affecting the Property. The “more restrictive controls” rule in § 10 below shall not apply to the rights enumerated in this § 5. (counsel-confirmation required: that the carve-out is enforceable under Vermont law and does not impair coordination with prior recorded conservation instruments)

5.3 Reasonable use

Grantee shall exercise the rights in this § 5 with reasonable care for Grantor’s quiet enjoyment of the Property, and shall repair any damage to the Property reasonably caused by Grantee’s exercise of these rights.

6. Reservation of Stewardship Rights to Grantor

Grantor reserves all rights in and to the Property not expressly conveyed to Grantee. Without limiting the foregoing, Grantor specifically retains:

(a) the right to occupy, possess, and quietly enjoy the Property;

(b) the right to engage in stewardship activities consistent with the Property’s then-current Management Plan as ratified under the Wrapper Entity’s Operating Agreement, including without limitation: removal of invasive species; selective thinning consistent with the Management Plan; controlled burns where applicable; trail maintenance; and habitat enhancement;

(d) the right to receive distributions from the Wrapper Entity in such amounts and at such times as the Operating Agreement provides;

(e) the right to convey, encumber, lease, or devise the Property in fee, subject to the transfer covenants in § 7; and

(f) the right to maintain, repair, and replace existing improvements (residences, outbuildings, access roads, fences, and similar) as of the date of recording.

The Management Plan is a separate document maintained and amended through the Wrapper Entity’s governance procedures. The Management Plan is not incorporated into this instrument. The substantive prescriptions of forestry, agriculture, and habitat management belong to the Management Plan layer, not to this deed. (counsel-confirmation required: that Grantor’s reservation of stewardship rights is consistent with the in-gross conservation easement framework and does not undermine the property right’s “running with the land” character)

7. Transfer Covenants and Partial Conveyances

7.1 Notice of intended transfer

Before any sale, lease for a term of three (3) or more years, gift, devise, or other transfer of any portion of the fee in the Property, Grantor shall give written notice to Grantee at least sixty (60) days in advance of such transfer. Notice shall describe the proposed transferee, the portion of the Property to be transferred, and the proposed effective date.

7.2 Acknowledgment in transferred deed

Any deed or instrument of transfer shall include an express acknowledgment by the transferee that:

(a) the Property (or the portion conveyed) is subject to the VECR recorded by this instrument;

(b) the transferee accepts the burdens and restrictions of the VECR; and

7.3 No acts inconsistent with attestation

Grantor covenants, on behalf of Grantor and Grantor’s successors, to refrain from any act on the Property that is inconsistent with the Methodology’s ability to produce a valid attestation, including without limitation the prohibited acts in § 9.

7.4 Partial conveyances

If Grantor conveys part of the Property mid-Term, the conveyed parcel shall, at Grantor’s election made by written notice to Grantee not less than sixty (60) days before the conveyance and subject to Grantee’s written consent (which shall not be unreasonably withheld):

(a) Carry-forward. The conveyed parcel shall continue to be subject to the VECR proportionally to its area, with the Wrapper Entity ratifying the boundary change through its governance procedures and recording an appropriate amendment of this instrument; or

(b) Severance. The conveyed parcel shall be severed from the VECR’s footprint, with corresponding adjustment to the Property’s measured area for purposes of the Methodology, and a written confirmation by Grantee recorded with the [COUNTY] Town Clerk.

In the absence of timely notice and Grantee’s written consent, the conveyed parcel shall be deemed to carry the VECR forward proportionally under § 7.4(a). (counsel-confirmation required: partial-conveyance handling is consistent with Vermont conservation-easement practice; default rule is appropriate; recording mechanics are correct)

8. Reversion

Upon expiration of the Term and in the absence of any extension recorded under § 3, the VECR shall revert to the then-current owner or owners in fee of the Property. No further action by Grantee is required to effect such reversion; Grantee shall, however, on reasonable request and at no cost to Grantor’s successor, execute and record a confirmation of reversion.

For the avoidance of doubt: any Earth Credits or other instruments issued by the registry function under the Methodology before reversion shall remain the property of their then-current holders. Earth Credits do not revert and are not affected by the expiration of the Term. (counsel-confirmation required: that reversion language is appropriate for an in-gross conservation easement and that the carve-out for issued credits is correctly drafted)

9. Enforcement Floor and Prohibited Acts

9.1 Prohibited acts

Without limiting the generality of § 7.3, Grantor covenants, on behalf of Grantor and Grantor’s successors, that the following acts are prohibited on the Property during the Term:

(a) Subdivision of the Property into more than [N] parcels without Grantee’s prior written consent and ratification by the Wrapper Entity’s governance procedures;

(b) Mineral, hydrocarbon, or aggregate extraction, including without limitation mining, quarrying, and oil/gas drilling, except for de minimis non-commercial use by Grantor consistent with stewardship;

(c) Commercial development, including without limitation commercial structures, parking lots, retail facilities, and industrial uses, except for stewardship facilities consistent with the Management Plan;

(d) Removal of native vegetation beyond what is permitted in the then-current Management Plan;

(e) Conversion of forested land to non-forested use (e.g., to agricultural, residential, or commercial use), except as permitted in the then-current Management Plan;

(f) Discharge or storage of hazardous substances other than de minimis quantities incident to lawful agricultural or residential use;

(g) Dumping or disposal of waste other than de minimis household waste; and

(h) Any act taken with the intent or reasonably foreseeable consequence of materially diminishing the verified ecological condition of the Property as measured under the Methodology.

The list above is not exclusive. Other acts inconsistent with the VECR’s purposes are also prohibited. (counsel-confirmation required: that enumerated prohibited acts conform to Vermont conservation-easement enforcement-floor practice and do not over-specify in a manner that creates negative inference; that “subdivision into more than [N] parcels” is workable; that the Management Plan-deference language is enforceable)

9.2 Remedies

In the event of any breach of this instrument by Grantor or Grantor’s successor, Grantee shall have, at law or in equity, the following remedies (the “Enforcement Floor”):

(a) Injunctive relief restraining the breach and compelling specific performance of any affirmative covenant;

(b) Monetary damages in an amount tied to the diminution in value of the VECR, measured by the difference between the verified ecological condition of the Property absent the breach and the condition resulting from the breach, as determined under the Methodology;

(c) Recovery of restoration costs reasonably required to restore the Property’s verified ecological condition to the level immediately preceding the breach; and

(d) Costs and reasonable attorneys’ fees in an action to enforce this instrument.

The remedies in this § 9.2 are cumulative, not exclusive, and are without prejudice to any other remedies available at law or in equity. (counsel-confirmation required: that the Enforcement Floor remedies are available under 10 V.S.A. §§ 821–824 and the relevant Vermont case law, and that no additional remedy structure (such as a self-help and lien provision) is required for enforceability in Vermont)

9.3 Standing

The Wrapper Entity, as Grantee, has standing to enforce this instrument. (counsel-confirmation required: that the Wrapper Entity’s standing under 10 V.S.A. §§ 821–824 is established without an affiliated 501(c)(3) co-holder for purposes of enforcement (separately from §170(h) qualification); see § 12(c) below)

10. Coordination with Conservation Easements

If the Property is now or hereafter subject to a recorded conservation easement or similar conservation instrument (a “Coordinating Easement”), the parties intend the following:

(a) More restrictive controls in land-use terms. Where a Coordinating Easement contains a land-use restriction more restrictive than this instrument’s restrictions, the Coordinating Easement’s restriction controls.

(b) Carve-out for measurement standing. The rule in § 10(a) does not extend to Grantee’s measurement standing under § 5. Grantee’s rights of entry, monitoring, sampling, remote sensing, and data ownership under § 5 are preserved in full regardless of the Coordinating Easement’s silence or restrictions on monitoring activities.

(c) Notice and coordination, not blocking rights. The holder of any Coordinating Easement shall be notified by Grantee of the recording of this instrument, and shall be entitled to coordinate scheduling of monitoring activities with Grantee, but shall not have the right to block or veto Grantee’s exercise of the rights in § 5.

The carve-out in § 10(b) is essential to the architecture and may not be waived without the affirmative ratification of the Wrapper Entity’s members. (counsel-confirmation required: that the carve-out is enforceable in Vermont as drafted, and that no Coordinating Easement holder can defeat the carve-out by asserting prior-recorded status)

11. Choice of Law and Forum

This instrument is governed by the laws of the State of Vermont. Disputes arising out of or relating to this instrument, including without limitation enforcement actions, partial-conveyance disputes, and Term-end reversion issues, shall be brought in the Vermont Superior Court for the Civil Division of [COUNTY].

Disputes arising out of the internal governance of the Wrapper Entity (including disputes among its members, disputes regarding distributions, and disputes regarding methodology-version ratification under § 2.3) are governed by the Wrapper Entity’s Operating Agreement and the laws of the State of Vermont applicable to limited liability companies, and shall be brought in the Vermont Superior Court for the Civil Division of [COUNTY] or such other forum as the Operating Agreement provides.

This is a deliberately two-jurisdictional instrument: the property-rights jurisdiction (Vermont, for the VECR) and the wrapper-entity jurisdiction (Vermont, for governance disputes) happen to coincide in this draft, but in other deployments they may differ. (counsel-confirmation required: that the choice-of-law and forum-selection clauses are enforceable under Vermont law and that the two-jurisdictional structure does not create unforeseen conflicts)

12. General Provisions

12.1 Severability

If any provision of this instrument is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the parties shall negotiate in good faith to replace any invalid provision with a valid provision approximating its original effect.

The 11 load-bearing elements identified in 01-nrd-lite/02-load-bearing-elements.md are mutually dependent: invalidation of any of §§ 1, 2, 3, 4, 5, 7, 8, 9.2, 10(b), or 11 would so substantially impair the parties’ bargain that the parties agree the instrument shall be reformed by court of competent jurisdiction to preserve the original intent, rather than severed in part. (counsel-confirmation required: that a reformation-rather-than-severance preference is enforceable in Vermont and that this articulation does not inadvertently render the deed unenforceable as a whole)

12.2 Integration

This instrument, together with the Methodology incorporated under § 2.2 and the Exhibits, constitutes the entire agreement of the parties with respect to the VECR. Prior or contemporaneous negotiations, drafts, or representations are superseded by this instrument.

12.3 Notices

Notices to Grantor shall be sent to the address shown for Grantor in the [COUNTY] grand list or to such other address as Grantor designates in writing to Grantee. Notices to Grantee shall be sent to Grantee’s principal office, with a copy to its registered agent.

12.4 Counterparts; recording

This instrument may be executed in counterparts. The recorded original is the operative instrument; counterparts are for the parties’ files.

12.5 Acknowledgments and 501(c)(3) coordination

The parties acknowledge that:

(a) the VECR is intended to function as a real-property interest under Vermont law without dependence on the Wrapper Entity’s status as a “qualified organization” under IRC §170(h);

(b) any landowner seeking to claim a §170(h) qualified-conservation-contribution deduction must coordinate with an affiliated 501(c)(3) holder (proposed: Landseed Conservation Trust, a 501(c)(3) public charity to be formed) under a separate co-holder structure or a service contract acceptable to the IRS (counsel-confirmation required: that the coordinated-holder structure is acceptable to the IRS and effective for §170(h) purposes; that this acknowledgment does not undermine the deed’s standing as an in-gross conservation easement under Vermont law); and

(c) this instrument’s enforceability and the Wrapper Entity’s standing under Vermont law are independent of whether any co-holder is added for §170(h) purposes.

12.6 Successors and assigns

This instrument binds and benefits the parties and their respective heirs, devisees, successors, and permitted assigns.

12.7 No amendment except by recorded instrument

This instrument may not be amended except by a written instrument executed by Grantor (or Grantor’s successor in title) and Grantee (or Grantee’s successor as Holder), and recorded with the [COUNTY] Town Clerk. Amendments to the Wrapper Entity’s Operating Agreement are not amendments to this instrument and do not require recording.

13. Signatures

Executed this ___ day of _______, 20.

Grantor:

J. Doe

Grantee:

Maple Ridge Conservation Stewardship LLC, a Vermont limited liability company

By: ____________________________ Name: [AUTHORIZED SIGNATORY] Title: Manager

Notary: [Vermont notarial acknowledgment block — county, date, signature, seal] (counsel-confirmation required: that Vermont’s notarial requirements for recording are satisfied as drafted)

Witnesses: [Vermont witness requirements as applicable] (counsel-confirmation required: that any witness requirements are satisfied)

Exhibits

Exhibit A — Legal description of the Property (metes and bounds; reference to prior deed in [COUNTY] land records, Volume ___, Page ___; plat reference if applicable)
Exhibit B — Methodology archive locations (three independent archives per 01-nrd-lite/05-methodology-incorporation.md: Landseed primary; institutional archive (Software Heritage or Internet Archive); content-addressed storage (IPFS or successor))
Exhibit C — Methodology Summary (5–10 page printed synopsis: SEEA EA framework, six dimensions A1/A2/B1/B2/B3/C1, scoring formula, indicator categories, statement that the full Methodology is the authoritative source by hash)
Exhibit D — Wrapper Entity formation documents (Vermont Articles of Organization for Maple Ridge Conservation Stewardship LLC; informational only, not incorporated)

How this draft maps to the specification

This sample is a one-to-one expression of the 11 load-bearing elements and the legal-floor tests as applied to a hypothetical Vermont property. The mapping:

Spec source	Sample section	Notes
Element 1 — Granting clause (`02-load-bearing-elements.md`)	§ 1	In-gross conservation easement form per `04-legal-floor.md` Test 1
Element 2 — Definition of the VECR	§ 2.1, § 2.4	Defined by methodology reference; no enumeration of carbon/biodiversity/ESS rights
Methodology incorporation (`05-methodology-incorporation.md`)	§ 2.2, § 2.3, Exhibit B, Exhibit C	Hash-pinned at execution; DAO-ratified updates; three-archive commitment; paper-backup exhibit
Element 3 — Term	§ 3	99-year fixed term; no unilateral extension; renewal by separate instrument
Element 4 — Holder identification	§ 4	Wrapper Entity named; legal completeness independent of Operating Agreement
Element 5 — Measurement standing	§ 5	All six rights in spec table; explicit § 5.2 carve-out from § 10
Element 6 — Transfer covenants	§ 7.1, § 7.2, § 7.3	60-day notice; transferee acknowledgment; no acts inconsistent with attestation
Element 7 — Partial conveyances	§ 7.4	Carry-forward and severance options with default; addresses v1.2’s silence
Element 8 — Reversion	§ 8	Reversion to then-current owner; carve-out for already-issued Earth Credits
Element 9 — Enforcement floor	§ 9.2	Injunction + damages tied to VECR diminution + restoration costs
Element 10 — Coordination with conservation easements	§ 10	”More restrictive controls” rule with explicit measurement-standing carve-out
Element 11 — Choice of law and forum	§ 11	Vermont property-rights forum; Wrapper governance forum (coincident in this draft)
Test 1 (legal floor) — Property right, not contract	§ 1, § 4, recitals	Mapped to in-gross conservation easement under 10 V.S.A. §§ 821–824
Test 2 — Recordable	§ 12.4, signature block, exhibits	Vermont county recording mechanics; notarization; witness requirements
Test 3 — Runs with the land	§ 1, § 7.1–§ 7.3, § 12.6	Successor binding via easement framework; transfer covenants reinforce
Test 4 — Alienable	§ 4 (Wrapper continuity), § 12.6	Wrapper Entity may be succeeded; VECR alienable to qualified holder
Test 5 — Enforceable	§ 9.3, § 12.5	Vermont LLC standing without §170(h); affiliated 501(c)(3) coordination for landowner deduction
Prohibited acts framing (`02-load-bearing-elements.md` § 9)	§ 9.1	Subdivision, extraction, commercial development, native-vegetation removal, conversion
Stewardship reservation (`02-modules.md` M4 — plans don’t live in deed)	§ 6	Stewardship rights reserved; Management Plan explicitly not incorporated
§170(h) handling (`04-legal-floor.md` Test 5)	§ 12.5	Affiliated 501(c)(3) coordination acknowledged; Vermont enforceability independent

What this draft deliberately does NOT include

Per the specification’s “what is NOT in the elements” guidance (02-load-bearing-elements.md):

No revenue allocation — Economics module of the Operating Agreement
No forestry prescriptions — Management Plan ratified through M4
No invasive species protocols — Management Plan
No specific harvest schedules, snag densities, riparian buffer rules — Management Plan
No insurance requirements — Operational procedures
No tax allocation — Each member’s tax counsel
No adaptive management procedures — DAO Governance module
No marketing or attribution rights — Operating procedures between Landseed and Wrapper
No specific carbon, biodiversity, or ESS revenue percentages — Economics module

These exclusions are intentional. Their inclusion would re-create v1.2’s failure mode of a brittle 6,000-line deed.

Counsel-confirmation summary

This draft contains 15 (counsel-confirmation required) markers. Each represents a load-bearing claim about Vermont law, recording practice, or the architecture’s legal characterization that must be confirmed by qualified Vermont property counsel before any execution-ready draft is prepared. A real per-jurisdiction template would resolve each of these through the category-mapping memorandum and annotated commentary process in 01-nrd-lite/06-drafting-strategy.md Steps 2 and 4.

Final reminder

This is an illustrative draft. It is not for recording. It is not for execution. It is an evaluation aid only. If you are about to record this document, stop, and engage Vermont property counsel to produce a proper per-jurisdiction template per 01-nrd-lite/06-drafting-strategy.md.