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.
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.