conserve your land

Permanently protect your land while still retaining ownership through a conservation easement. And gain peace of mind knowing that the land you love will be preserved forever.

A herd of black cows graze in a green meadow with a few trees in the background and a blue sky above.

conservation easements 101

A conservation easement is a voluntary, legally binding agreement that permanently limits a property’s use for all present and future owners of the land in order to protect the property’s conservation values. Easements require that a qualified conservation organization, like Natural Lands, or government agency holds the easement and ensures that the restrictions are honored in perpetuity.

Conservation easements require careful planning and consideration. The process normally begins with a discussion of the landowner’s conservation goals and financial situation, followed by a tour of the property to determine whether it is appropriate for a conservation easement. After reviewing this information, Natural Lands’ staff will provide recommendations and detail the steps and costs involved. The entire process may require anywhere from six months to a few years to complete.

When a landowner donates a conservation easement, they may be eligible for a charitable federal income tax deduction equal to the amount of reduction in the land’s value as a result of the conservation easement restrictions. A qualified appraiser determines the dollar value of the conservation easement for the tax deduction.

A landowner may also sell a conservation easement to a qualified organization, like Natural Lands, or government agency. There is no charitable federal income tax deduction for the landowner if the easement is sold for its full, appraised value, and the sale may give rise to federal income tax obligations for either capital gains or ordinary income tax.

Natural Lands uses public funding to purchase conservation easements from landowners. Whether public funding is available for a particular property depends on certain factors, including its location, size, and ecological value.

A conservation easement requires time and resources, both before and after its completion. Typical costs associated with a conservation easement include Natural Lands’ staff time, land survey, appraisal, environmental assessment, legal fees, baseline documentation report, and title review/insurance. Additionally, once Natural Lands takes on the responsibility of holding the conservation easement, we have a perpetual obligation to monitor the land on a regular basis to ensure that the easement is being upheld and to enforce the easement restrictions. The ongoing cost of monitoring and enforcement is covered by a stewardship fund contribution to Natural Lands.

Depending on a property’s location, size, and ecological value, Natural Lands may be able to secure public funding to cover some or all of the costs mentioned above.

Want to learn more? Our conservation easements handout offers examples of several ways in which conservation easements can help landowners achieve their conservation goals.

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A clear stream flows through a shady forest.

saving land may save you money

A conservation easement reduces the market value of the land because the owner gives up the potential for full development. Easements are most often donated by the landowner and the donation may result in a charitable deduction for federal income tax purposes.

Sometimes, though, easements are purchased by land trusts or a local or county open space program. In either case, the conservation easement may also reduce estate taxes—because the land will be valued at less than fair market value upon the owner’s death—and, depending on local laws, lower property taxes. Indeed, without these reductions in estate and property taxes, the landowner’s heirs may not be able to afford to keep the land in the family.