Conservation Easements
A conservation easement is a set of restrictions voluntarily placed on a property to preserve the natural resource value of that property. The easement is a legal document describing the conservation values being protected and the restrictions established to protect those values.
Conservation easements are held with a local unit of government or a nonprofit conservation organization. The nonprofit or government agency is responsible for conducting inspections to see that the terms are being upheld. The agency is also responsible for enforcing the terms of the easement. Whereby, if the terms have been violated the agency would request the situation be corrected. The easement is officially recorded as part of that parcels land record. The local government enforces the terms of the easement by refusing permits based on the restrictions described in the easement document, ex. building permit or subdivision.
What a Conservation Easement Does
When placing a conservation easement on your property you are selling or giving away certain rights on your land. These rights may include timber harvesting, subdividing or constructing buildings. The landowner still owns the property and maintains all other rights including the ability to sell the property and keep the public out.
It is important to keep in mind that the restrictions detailed in the easement are just a means to an end. The important issue is the protection of the natural resource values of the property. Once the conservation values have been defined the easement can describe the actions prohibited to maintain the natural resource values. Easements are flexible; the document can be drafted to suit the individual needs of the resources and the landowner who wants to protect the resources in perpetuity.
Landowner Responsibilities
Having a conservation easement on your property often times does not change how you manage your property. The landowner maintains ownership and is thus responsible for maintenance and upkeep of the property, paying taxes and other responsibilities of being a landowner. Most conservation easements call for an annual inspection by the easement holder. It is always best to notify the easement holder if the land is changing ownership and to notify new owners of the easement and the restrictions placed on the property.
Why a Conservation Easement?
- Protect Anoka County's natural heritage
- A Cost effective way to preserve wildlife habitat and water resources
- Ensure natural resources forever when so many are being lost forever
- Know you protected your special place for many generations to enjoy
- Make an enduring contribution to your community
Financial Benefits*
- Donated conservation easements are considered a charitable contribution and may allow a landowner to claim an income tax deduction.
- Conservation easements may reduce federal estate taxes allowing heirs to inherit natural treasures with less cost. This often allows heirs to keep the property rather than sell it to pay for expenses.
- Once development rights no longer exist on a property the appraised value often decreases reducing property taxes.**
Next Steps
The Anoka Conservation District assists landowners through the easement process. ACD will describe the details of possible easements and assist landowners to develop the appropriate easement for the natural resources and the landowner's needs. ACD will also co-hold easements, providing inspection and management services.
If you have any questions regarding conservation easements please call the Anoka Conservation District (763) 434-2030 ext. 11.
*Tax benefits can be very complex and require the advice of a professional. It is best to consult your accountant with questions regarding tax benefits and what you may qualify for.
**The property value is determined by the local assessor, only the local tax assessor can determine if you qualify for a reduction in property taxes.
