What is a
Conservation Easement?
A conservation easement is an effective land preservation tool used to conserve natural areas and open space on private lands.Conservation easements are areas of undeveloped land that contain valuable resources that are protected and preserved for the native species that depend on native habitat. The protection of natural areas is becoming increasingly important, especially where there has been a steady expansion of urban growth and development.
These areas help protect water resources, native plant communities and the local wildlife that live within our developed communities.
Wetland-Specific Considerations
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Wetlands are often public or state-managed under the California Environmental Quality Act (CEQA) and other environmental laws.
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Damaging wetlands can trigger additional environmental penalties under state and federal statutes (e.g., Clean Water Act, state wetland protection laws), which may be prosecuted alongside or in addition to vandalism charges.
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Prosecutors may use environmental impact evidence (e.g., loss of habitat, pollution) to support the “damage” element of the vandalism charge.
If vandalism causes damage to wetland property in California, it can be prosecuted under Penal Code § 594 as vandalism, with penalties depending on the value of the damage. Environmental laws may also apply, potentially leading to multiple charges.
How Does a Conservation Easement Become Established?
A conservation easement is a voluntary agreement made by a landowner to place deed restrictions over the property (or a section of property), to preserve land in its current state. The land typically has some conservation value, such as farmland, forested area, open space, wildlife habitat, streams, or wetlands.
Easements are drafted in various ways; however, the restrictions generally prohibit the future development of the land. In addition, when large residential and commercial developments occur on land with intermittent streams, wet swales, wetlands, and riparian areas that require an Army Corps of Engineers Nationwide Permit, requires the features, along with a buffer zone, be set aside in a preserve held under a Conservation Easement with a 501C3 non-profit to manage the preserve in perpetuity. The endowment paid to the non-profit for management of the preserve accrues interest to pay for the management expenses.
Why Would Someone Create a Conservation Easement?
Private landowners may choose to place an easement on their property for various reasons – many recognize the long-term environmental benefits. Conservation easements protect natural areas and open spaces, which, in turn, provide indirect environmental “services,” such as stormwater management. For example, a conservation easement that protects forested land next to a stream or lake would provide a natural, protective barrier (or “buffer”) to absorb rainwater/snowmelt and filter out harmful pollutants. When properly designed, forested stream buffers are highly effective methods for reducing stormwater runoff and improving water quality, and are more efficient and cost-effective than the more conventional, engineered methods used to reduce stormwater impacts.
Conservation Easements Managed by Shasta Conservation Fund
The Shasta Conservation Fund and the Western Shasta Resource Conservation District currently co-manage 5,498 acres of conservation easements in Shasta county.
Questions about our conservation easements?