Tools for land conservation are rapidly becoming standard vocabulary used by landowners around the country. Navigating this field, however, may seem daunting at the outset. While there are several ways in which a landowner may choose to protect his/her land and potentially receive tax relief in exchange, conservation easements are some of the most popular forums for this purpose.
A conservation easement is a legal agreement between a landowner and a land trust (or government agency) that allows the landowner to retain ownership of their land, while permanently giving up certain rights that would endanger the property's integrity, or conservation values. A conservation easement is flexible and often a good option for landowners because it has no set requirements, and may be tailored to suit the landowner's needs. For instance, farm or ranch land may be protected from future development while allowing the landowner to continue farming the land. A landowner may also retain the right to build a house on a designated portion of land, while preserving the rest of the land and its primary conservation values (i.e., land near streams or wetlands might be preserved, while allowing a homesite in a less-sensitive upland area).
The major benefit to landowners is that their property liability is decreased dollar-for-dollar by the value of the conservation easement, up to a certain level. Therefore, if a landowner donates a $100,000 conservation easement, he/she may take a $100,000 income tax credit over the next several years, and potentially benefit from a significant drop in estate taxes. While no land trust can advise you on the actual tax benefit of donating a conservation easement (you'll need a tax advisor for this), they can help you determine if your land has potential for conservation, and if so, how to proceed with the best conservation strategy for you.
Most land trusts do ask for a donation or endowment to help fund stewardship and legal costs over a conservation easement's life (which is forever!), so it is important to remember that while conserving land has inherent value, and often significant tax incentives, it will not make you rich, nor will it necessarily be free-of-cost. Regardless, the best strategy for considering any conservation option is to contact your local land trust and ask about different ways in which you may be able to find a solution to protecting your land for the benefit of the public and the environment.
For more information, or to receive a free brochure on various conservation options, please call Roaring Fork Conservancy at 927-1290.