conservation easement landowners

Conservation easements are legally binding agreements between the landowner and the holder that permanently limits a property’s use for all present and future owners of the land. Easements require that a qualified organization (like Natural Lands) hold the easement and ensure that the restrictions are honored.

Our conservation easement team works to build relationships with our easement landowners, overseeing an annual easement monitoring visit program, providing educational resources, maintaining permanent records, and reviewing proposed changes to these properties.

As an accredited land trust, Natural Lands must follow specific standards and practices regarding monitoring of conservation areas, and each property will require an in-person visit every few years.

Natural Lands, like many land trusts throughout the country, has incorporated the use satellite and aerial imagery in place of some in-person visits and as a complement to our easement monitoring work.

We welcome easement landowners to accompany us during in-person visits so that we may answer questions about the
easement, land management, as well as learn of plans you may have for the property.

Consistent monitoring of conservation areas, along with cultivating strong relationships and maintaining open communication with landowners, plays a crucial role in preventing potential issues or violations before they occur. Although violations are uncommon, they can happen. Regardless of the nature or cause of a violation, we are committed to working closely with landowners to find a voluntary solution that addresses the issue and restores the property to compliance.

Many conservation easements contain what are sometimes referred to as reserved rights, which include activities, uses, and improvements specifically permitted on the property and may require review. If you are planning changes for your property, such as the addition of a residence or an access drive, plans detailing the proposed construction should be submitted. Due to the unique features of each property and restrictions specific to each conservation easement, it is important that construction, ground disturbance, or vegetation removal does not begin until the proposed project plans have been reviewed and written approval from Natural Lands has been granted.

Once plans are finalized, they should be submitted at least 45 days prior to any planned construction, installation, or removal of structures, utilities, or access drives or removal/addition of vegetation. The following includes some guidelines or a list of elements that we would expect to be included in plan
documents. For proposed construction projects:

• Plans showing proposed location, dimensions, height,
  and exterior elevations of proposed improvements along with their relationship to the Minimal Protection Area (MPA), Standard Protection Area (SPA), and Highest Protection Area (HPA) should be submitted.
• Plans and details for all proposed utilities, erosion control measures, existing contours, proposed changes in grade, limits of disturbance, topsoil stockpile locations, temporary construction access, and construction phasing should be included as applicable.
• Plans should also include the date and preparer’s name/qualifications.

If you’re unsure whether a planned activity, improvement, or use requires Natural Lands’ review and approval, please contact us.

We understand owning a new property can be overwhelming at times, but you have experts here at Natural Lands who can help you along the way. Please consult our Stewardship Handbook for a basic overview on the benefits of establishing a meadow, managing a woodland, or learning the difference between invasive and native plants.

Once a conservation easement is recorded, it remains in place in perpetuity regardless of changes in ownership. For owners interested in selling a property with a conservation easement, we recommend working with your listing agent to see that the conservation easement is referenced in the property listing description. Interested prospective buyers should work with their realtor to reach out to Natural Lands easement program staff if they have specific questions regarding the terms of a conservation easement.

We also recommend that prospective buyers consult with an attorney that has experience with conservation easements and their restrictions. You should reference any obligations about property transfers that are specifically outlined in the easement. Please note that some transfers of ownership may be subject to a transfer fee or stewardship fee, which is an important part of ensuring that the work of upholding the terms of conservation easements continues in perpetuity.