Conservation Easement FAQs

A conservation easement is a voluntary legal action in the form of a deed—a permanent, legally binding agreement between a landowner and a qualified conservation organization. The easement restricts future development of the property that undermines its conservation values. Any allowable development is identified in the easement. The Northern Rivers Land Trust is a registered 501(c)3 nonprofit that can hold a conservation easement.

Privately owned land protected by an easement remains in private ownership. The landowner gives up development rights to the property while continuing to manage the land. The landowner continues to pay the property taxes. Current and future owners may sell, gift, or transfer the land to a new owner at any time. The easement remains a part of the new deed.

Conservation easements can also be placed on public lands such as town forests. The town, often through a town forest committee or conservation commission, is responsible for managing the land in accordance with the easement.

The reasons are varied and often deeply personal. The land may have been family-owned for a long time. It may contain cultural or ecological features valued by the owner and of interest to the public. Housing or commercial development may be expanding nearby. The owners see that heirs may sell the land without protection of its conservation values. The tax benefit may be a motivating factor. However, land already receiving a tax benefit through the Current Use program may not see any further property tax reduction.

A town may seek to place an easement on a town forest to prevent actions that might adversely affect the conservation values under a change in town governance of the land. An easement may also be necessary to receive funding from an agency or organization external to the town.

No. Public access is not automatically granted. Some properties may contain land historically used for public recreation, and the easement may continue to convey public access. Some funding sources may require public access to receive the funds.

Every easement is different, depending on the land’s natural features. Activities are tailored to the landowners’ goals. Easements often allow forestry, agriculture, wildlife habitat management, education, outdoor recreation, noncommercial energy generation, and other uses aligned with NRLT’s and the owners’ conservation goals for the property. Commercial uses may include activities in keeping with the landscape’s natural features, such as maple sugaring and other agricultural activities such as farming.

Common restrictions often include a limit on the number of parcel divisions, subdivision into housing developments, commercial and industrial activities, mining and excavating, waste dumping, and hazardous waste disposal. Other specialized considerations may include: limits on agricultural building expansion, limits around a special heritage area protecting threatened species, destruction of historic structures, prohibition of commercial recreation, and limiting building heights to preserve scenic values, among other considerations. A forest management plan that meets state requirements may include specific actions that guide landowner actions.

The landowners can retain specific uses and activities that are identified in the easement. They may reserve the right to build and maintain certain buildings and roads that support permitted activities. They can create assets for expanding wildlife habitat, such as ponds. Solar panels may be established as well as a subdivision for a future house lot.

Excluded areas are not included in the protected area. The landowners may retain the right to manage a portion of their property as an excluded area.

The easement will identify which uses or changes require prior approval by the land trust, usually under very specific conditions outlined in the easement.

Landowners can designate a specific amount of acreage surrounding their residence as a homestead site with specific rights that allow them to maintain the site. A homestead site can also be identified for future construction of a residence, which can make the property more appealing for a future sale. The new owner would continue to honor the easement.

Any landowner of a property with significant conservation values may grant an easement. If multiple individuals own the property, all owners must agree to the easement. A land trust may also decide that a property does not meet its mission and may refer a landowner to a more appropriate organization.

Conservation values may be managed forest, shoreline protection, unique habitats, wildlife habitat and corridors, farmland soils, water quality, proximity to other conservation lands, cultural or historical elements, and recreational opportunities among other considerations. The Northern Rivers Land Trust has a particular interest in working with owners whose land impacts the watersheds of three rivers in its region: the Lamoille, the Winooski, and the Black.

A variety of factors affect how the trustees evaluate projects. Beyond assessing the conservation values of the land, often through an initial walk with the landowners, the NRLT determines whether it is the best holder of the easement. The NRLT can be a “first stop” for an interested landowner and provide advice about how to proceed with a potential easement. Property size and location may dictate whether we are the best fit for the project.

If the property lies outside our watershed region, then trustees may refer owners to a land trust in another region. The NRLT is an all-volunteer organization, and extremely complex projects may be best developed by a larger agency. Funding opportunities may be available by working with a larger entity, such as the Vermont Land Trust. We are usually unable to purchase easements, asking instead that it be donated. However, trustees can also assist with finding funding sources to help in establishing the easement.

The NRLT recommends that you consult your tax advisor and legal counsel to understand the impact of an easement and to review the easement documents. Typical documents include a Baseline Data Report (BDR) that describes the property and its conservation values as well as the written easement that becomes a permanent part of the property deed.

Easements may involve the following expenses: legal, survey and appraisal costs, and a donation to the land trust’s stewardship fund to cover the costs of long-term monitoring. If necessary, the NRLT works with landowners to find other donors and funding courses to help with these costs.

The conservation organization holding the easement will be responsible for monitoring the property in perpetuity to ensure the conservation values are upheld. The NRLT will identify and describe the values through a Baseline Data Report (BDR) before the easement is finalized. The BDR is submitted to the landowner for approval. Then the land trust will monitor the easement on a regular schedule to make sure the property remains in compliance with requirements. Certain factors can affect the frequency of inspections, such as property size, public access, natural disasters, and special projects, among other issues. If any activities violate the easement, the NRLT will work with the landowner to bring activities back into compliance. Procedures for enforcement are contained in the easement document.