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What is a conservation agreement?
A landowner and qualified conservation organization or government body may enter into a conservation agreement that permanently limits a property's uses for the purpose of preserving conservation values such as recreation, scenic beauty, wildlife habitat or water quality. The Coastal Land Trust is qualified to accept and hold conservation agreements. Generally, a landowner promises to keep his or her property in a natural or undeveloped condition and the Coastal Land Trust enforces that promise by regularly monitoring the property. Conservation agreements need not cover all of a tract of property, preclude all development, or necessarily allow public access. Land with a conservation agreement may still be sold or passed on by will, but all future owners are bound by the terms of the conservation agreement. The Coastal Land Trust has the right and duty to enforce all restrictions of
a conservation agreement and may resort to legal action if necessary.
What are the benefits of a conservation agreement?
Conservation agreements are a flexible option for landowners interested in protecting their land from development because an agreement can cover all or part of a property and may be tailored to needs of the owner and Coastal Land Trust. Some limited development may be allowed on a conservation agreement property, such as a certain number of home sites, fences, sheds, barns and similar improvements. Further, depending on the particular attributes of each property, limited commercial activities are sometimes allowed, such as farming, grazing, thinning of trees and hunting. Landowners who donate conservation agreements may be rewarded in tax savings, charitable contribution deductions, income tax credits and lower property taxes.
What is a typical conservation agreement like?
Every conservation agreement is different depending on the unique qualities and location of a particular property. A typical conservation agreement would likely limit heavy commercial development, set a maximum number of buildings allowed to be constructed, allow low-intensity uses such as farming, hunting, and allow wildlife management. The agreement might also designate buffer areas to remain wild, allow farming or timbering in specified areas, provide for maintenance to existing structures and allow for establishment of fields and restoration of unique ecosystems. Generally, a landowner continues to manage conservation agreement property unless otherwise agreed. Public access is not a conservation agreement requirement, but landowners must grant access to Coastal Land Trust stewards to periodically monitor the property.
Are there expenses associated with conservation agreements?
The normal expenses to a grantor for a conservation agreement donation are the land survey, appraisal, accounting fees, legal fees for tax planning, recording fees and a stewardship endowment to assist the Coastal Land Trust with future monitoring expenses. The costs to the Coastal Land Trust for receiving a conservation agreement include preparing the deed of conservation agreement, an inventory of the property, title examination, title insurance, and ongoing costs of monitoring and enforcement. There are some competitive grant sources to which the Coastal Land Trust may apply for acquisition funds, depending upon the attributes and location of a property.
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