What is a conservation easement?

The Broad River Watershed Association and other non-profit land trusts hold easements on land to conserve or protect rural or natural areas of land, while the land owners still keep their rights to own and use their property subject to the restrictions of the conservation easement.

For instance, a farmer can put a conservation easment on his or her farm to keep it as agricultural or forestry use, and still continue to farm the property. This practice has saved hundreds of acres of farmland, forests, and natural areas in Georgia over the last ten years.

A conservation easement is defined by the Georgia Environmental Policy Institute as "a legally binding agreement between a property owner and a governmental body or land trust that restricts the type and amount of development and use that may take place on the property." A land trust is a private, non-profit corporation whose purpose includes acquiring land and holding interests in land for conservation purposes, and is a publicly supported charitable organization. There are currently 46 land trusts in Georgia

http://www.gepinstitute.com/ landtrust.asp).

Who can have a conservation easement?

Private landowners, in addition to state and local governments, and land trusts can place conservation easements on their property if it is considered to have significant conservation or historical preservation value and purpose as determined by the Internal Revenue Code.

What types of easements exist?

There are various types of easements including historic easements, agricultural preservation easements, scenic easements, and conservation easements.

Where do conservations easements apply?

Any property that a landowner wants to preserve for the purpose of public benefit described by the Internal Revenue Code as:

1) outdoor recreation by, or the education of the general public;

2) the protection of relatively natural habitat of fish, wildlife, or plants, or similar ecosystems;

3) the preservation of open space (including farmland and forestland) yielding significant public benefit for the scenic enjoyment of the general public...;

4) the preservation of historically important land areas or buildings.

Why should I place a conservation easement for natural resource protection on my land?

The primary reason to place a conservation easement on your land would be to permanently protect the natural resources and beauty of your land for the benefit of society and future generations, as well as for your own benefit. It does not make your land public land, and you are not required to give the general public acces to yout property.

For example, protecting property from land disturbing activities and chemical runoff into rivers, and keeping green space and scenic views, can create public services in the affected watershed such as reduced costs for water treatment, increased revenues generated by recreational users, and increased value of adjacent property due to scenic quality. Protection of agricultural areas can benefit agriculture-dependent businesses in the community.

Another incentive for placing a conservation easement on your land is for the federal income tax benefits, which you could qualify for due to the reduced market value of the protected property and the increased benefits to the public. Conservation easements can not only lower property taxes and estate taxes as well, but may also reduce income taxes for several years if the conservation easement on the property is donated or sold below market price to a land trust or government entity.

What restrictions must I place on my property?

Conservation easements are flexible in the restrictions a landowner can apply to his or her property, which depend on the resources one is trying to protect. These restrictions range from limitations on or prohibition of construction of any structures, roads, or developments such as subdivisions, to prohibition of dredging wetlands. Nevertheless, landowners may retain certain rights such as restricting or not allowing public access, maintaining the land for farming or timber harvesting (so long as one implements best management practices), or constructing additional housing on specified sites.

What are the costs?

Although there are many benefits of conservation easements, there are also costs. For example, property owners must pay to have their land properly monitored on a regular basis by the grantee organization or agency (who holds the conservation easemnt on the property). To qualify for federal income tax benefits, a qualified appraisal and other expenses are needed to meet the documentation requirements. If the property owner violates the easement restrictions, then he or she must pay to restore/ rehabilitate the land to achieve compliance.

Protecting the future of your land for the benefit of current and future generations is an empowering ability that can help maintain the balance between rapid development and conservation of natural resources.

Please contact the Broad River Watershed Association at P.O. Box 661; Danielsville, GA 30633; 706- 795-5097; www.brwa.org; email board@brwa.org for further information. A list of land trusts can be found at http://www.gepinstitute. com/landtrust.asp or call The Georgia Land Trust Service Center at 706-546-7507.