Conservation Easements

A conservation easement is a voluntary agreement between a landowner and an easement holder (like the Natural Heritage Land Trust) to protect land by permanently restricting certain uses.

• A conservation easement is voluntary.
  A landowner voluntarily chooses to place a conservation easement on his or her land; the Land Trust can not make a landowner sign a conservation easement.
• A conservation easement is permanent.
  A conservation easement is attached to the deed of the property and applies to the land even after ownership changes. Because a conservation easement is permanent, a landowner needs to be sure that placing a conservation easement on his/her property is the right choice. It is a similar situation to selling a portion of a farm for development; the landowner should not expect to be able to get that land back if he/she changes his/her mind in the future.
• A conservation easement is flexible.
  Conservation easements can help landowners accomplish different goals, including keeping farmland available for production, or protecting a cherished piece of land from development.

Farming, forestry, hunting, installing or maintaining fences, selling or bequeathing the land, and restoring wildlife habitat are some of the uses that landowners typically retain under conservation easements.

For example, on an easement in the Black Earth Creek valley, one of the places where the Natural Heritage Land Trust focuses its work, a landowner wanted to maintain productive agricultural lands and protect groundwater recharge areas, while prohibiting additional residential development and most commercial use of the land. The easement he signed with the Land Trust protects the agricultural and conservation values of the land, while allowing him to continue to own and use the property.

Public access is not typically granted by a conservation easement, although it can be if a landowner desires.

In the Land Trust’s priority areas, the Land Trust may be able to purchase conservation easements using funding provided by federal, state, and county programs. Most conservation easements on land outside the Land Trust’s priority areas must be donated to the Land Trust (and in those cases, the landowner may be eligible for tax benefits—see potential tax benefits).

A conservation easement can help a landowner and the community work together to meet important goals, such as:

• maintaining working farm land
• conserving wildlife habitat
• protecting ground water
• sustaining the rural character and beauty of an area
• enhancing the high quality of life in the Dane County region

*Payment is not possible in all situations

• The landowner’s goals may include ensuring that future generations can enjoy the agricultural, natural or scenic values of the property
• The landowner may be able to receive cash compensation for the development value
• A landowner who gets paid could use the money to reinvest in farming operations, for retirement, or other uses
• A conservation easement may help make it possible to sell the land to the next generation at an affordable price
• Landowners who donate all or part of the value of a conservation easement may gain significant income tax advantages

The easement holder typically has two rights: the right to enter the property for inspection (with notice to the landowner—usually this is done once a year), and the right to enforce the terms of the conservation easement (to uphold the landowner’s wishes for the property).

For more information about the Natural Heritage Land Trust and how we can work with you, call Kate Wipperman or Jim Welsh at (608) 258-9797.

The Natural Heritage Land Trust protects natural areas, wildlife habitat, working farms, healthy lakes and streams, and recreation land to provide a high quality of life in the Dane County region. The Land Trust’s current priority areas are Black Earth Creek valley, Patrick Marsh, and the Town of Dunn. The Land Trust works with landowners in these priority areas, and occasionally works with landowners outside of these areas.