---
title: Sustainable Soil Management Obligations
excerpt: 
date: 2024-03-27T14:18:12Z
modified: 2025-07-23T11:27:45Z
file_type: md
permalink: clauses/sustainable-soil-management-obligations.html
wpid: 2291
status: publish
type: clause
jurisdiction:
  - USA
maintenance-status:
  - Not maintained
practice-area:
  - Real estate and property
  - Supply chain
sector:
  - Agriculture
  - Real estate
eleventyComputed:
  clause_child_name: Madeline’s Clause
  clause_summary: A set of sustainable soil management obligations allowing businesses to manage their reliance on soil, its functions and related ecosystem services.
  clause_last_updated_date: 2023-09-19
layout: layouts/clause.njk
---

# Sustainable Soil Management Obligations

## Child’s name

Madeline’s Clause

## Summary

A set of sustainable soil management obligations allowing businesses to manage their reliance on soil, its functions and related ecosystem services.

## What this clause does

Helps businesses limit the risk of actual or possible adverse environmental, economic and social impacts relating to soil management within estates, operations, supply chains and investments. The clause enhances the parties’ ESG performance and reputation, and supports sound investment decision-making.

## Clause Content

*\[Drafting note: capitalised terms relate to either a defined term in this clause or a defined term in the main agreement that this clause is designed to be inserted into.\]*

**Overarching obligations of the parties**

1\. The parties will use all \[reasonable\] efforts to:

1.1 Manage soil sustainability and promote Sustainable Soil Management when performing their obligations under this \[Agreement\]; and

1.2 Cause their contractor\[s\] to \[manage soil sustainably and\] promote Sustainable Soil Management in their value and supply chains.

2\. The parties acknowledge the importance of Sustainable Soil Management and agree to perform their obligations under this \[Agreement\] in a manner consistent with achieving Sustainable Soil Management.

**Sustainable soil management policy**

3\. Each party shall adopt a Sustainable Soil Management Policy.

4\. Each party shall regularly review and update its Sustainable Soil Management Policy to reflect developments in science and best industry practices.

5\. Each party shall ensure that, as far as possible and in accordance with a just transition, they will support and promote Sustainable Soil Management and actively consider

Sustainable Soil Management:

5.1 In their activities in all jurisdictions;

5.2 Throughout their value and supply chains; and

5.3 In investment planning and decision-making.

**Cascade throughout a party’s value chain**

6\. Each party shall copy clauses \[1-14\] into \[any subcontracts that relate to the performance of this Agreement/ all of its contracts\].

**Training**

7\. Each party shall include Sustainable Soil Management in staff training at all levels of its organization (including at board level), and across all aspects of its business including strategy, research and development, operations, procurement, property management.

**Obligations as land owners, landlords or lessors**

8\. Each party shall ensure that leases and tenancy agreements under their ownership or control support Sustainable Soil Management expressly and in practice.

9\. Each party shall, in relation to land under its ownership or control:

9.1 Take all \[reasonable\] steps to monitor SOC levels and Soil Biodiversity indicators and maintain or enhance existing levels; and

9.2 Take into account the direct and indirect GHG Emissions associated with SOM inputs to improve and optimize climate change mitigation, adaptation and co-benefits resulting from efforts to maintain or increase SOC levels.

10\. Each party shall actively consider SOC levels, Soil Type, Soil Properties, Soil Health, Soil Biodiversity, Soil Functions and Ecosystem Services, and Sustainable Soil Management in:

10.1 Strategic planning and impact assessments;

10.2 Environmental and Biodiversity related decision-making; and

10.3 All decision-making relating to proposed and ongoing construction and development.

11\. Each party shall:

11.1 As far as possible, avoid or minimize Soil Sealing;

11.2 As far as possible, use Brownfield Sites, redevelop previously developed sites and reuse abandoned sites rather than using unsealed soil;

11.3 Identify and take into account Agricultural Land Classification to preserve Prime Agricultural Land;

\[11.4 Explore and take into account additional\[, broader\] land assessments and Soil Quality Assessments other than those prescribed in this Agreement with a view to prioritizing, safeguarding and restoring Soil Functions and Ecosystem Services\];

11.5 Expressly specify requirements for measuring SOC levels and assessing Soil Biodiversity and soil organisms alongside Ground Condition Survey specifications and in other descriptive land and soil surveys; and

11.6 As far as possible, use construction and/or drainage techniques that allow as many Soil Functions and Ecosystem Services as possible to be preserved, including where Soil Sealing occurs.

**Wetlands and high carbon soils**

12\. Each party agrees to protect, conserve and enhance Wetlands and High Carbon Soils \[under its ownership or control\] and shall:

12.1 Use all \[reasonable\] efforts to identify all Wetlands and High Carbon Soils \[under its ownership or control/ in and/or around the property\];

12.2 Take all \[reasonable\] steps to assess the state of those Wetlands and High Carbon Soils;

12.3 As far as possible take all \[reasonable\] steps to remediate those Wetlands and High Carbon Soils that are degraded;

12.4 Where relevant, take all \[reasonable\] steps to commence a just transition to more appropriate use and management of such Wetlands and High Carbon Soils, in alignment with climate and flood prevention objectives; and

12.5 Avoid tree planting on Wetlands which could have an adverse impact on Wetland, Soil Biodiversity, Wetland function, climate regulation or flood prevention.

**Offsetting**

13\. Each party shall prioritize reducing their GHG Emissions before using Offsetting.

14\. The parties shall ensure that any NbS or Offsetting schemes they are involved in are of high quality, relate to an appropriate timescale and support Sustainable Soil Management.
