What is a Conservation Easement?
A conservation easement is a voluntary legal agreement between a landowner and a land trust (like Sagebrush Steppe Land Trust) or government agency that permanently limits uses of the land in order to protect its conservation values. Landowners retain many of their rights, including the right to own and use the land, sell it, and pass it on to their heirs. Conservation easements are flexible and can be tailored to meet the needs of the landowner. They can protect a variety of conservation values, including:
- Open space, scenic views
- Wildlife habitat and corridors
- Working farms and ranches
- Water quality, rivers, streams, and wetlands
- Recreational access
- Community conservation
The Process
- Landowner Inquiry: Landowner contacts the land trust to discuss conservation options.
- Site Visit: Land trust staff visits the property to learn more about the landowner’s goals and the property’s conservation values.
- Conservation Options: Land trust staff works with the landowner to determine the best conservation option for the property.
- Easement Drafting: Land trust staff works with the landowner and their attorney to draft a conservation easement that meets the landowner’s needs and protects the property’s conservation values.
- Stewardship Fund: Landowner makes a contribution to the land trust’s stewardship fund to ensure that the land trust can monitor and enforce the conservation easement in perpetuity.
- Closing: The conservation easement is signed and recorded, and the land is permanently protected.
The Benefits
Protecting your land with a conservation easement can provide potential tax benefits, including a federal income tax deduction and estate tax benefits. Please consult with your legal and financial advisors to learn more about the potential tax benefits of a conservation easement.
Key Terms
Appraisal, Baseline Document, Conservation Values, Donated Conservation Easement, Purchased Conservation Easement, Stewardship
Conservation Easement
What is a conservation easement?
A conservation easement is a voluntary legal agreement between a landowner and the Sagebrush Steppe Land Trust to limit development on a property to conserve the natural and traditional values of the landscape, while retaining the right of private ownership. Conservation easements are recorded in the county records and follow the property deed, thus ensuring the land is protected in perpetuity.
To qualify for consideration, lands must have significant value in one or more of the following:
- Wetlands, floodplains, and riparian habitats
- Productive farms and ranches
- Important wildlife habitat and migratory routes
- Recognized historic value
- Valuable open space in proximity to developing areas
- Educational or recreational access opportunities
Conservation easements can be acquired via:
- Bargain Sale – Conservation easements can be partially sold and partially donated in what is termed a bargain sale. A bargain sale occurs when a landowner decides to sell a conservation easement to the Land Trust below the appraised fair market value of the conservation easement.
- Donation – If a conservation easement is voluntarily donated to a land trust or government agency, and if it benefits the public by permanently protecting important conservation resources, it may qualify as a charitable tax deduction on the donor’s federal income tax return. First enacted temporarily in 2006, the tax incentive was made permanent in 2015 and increases the benefits to landowner by:
a. Raising the deduction, a donor can take for donating a conservation easement to 50%, from 30%, of his or her annual income;
b. Extending the carry-forward period for a donor to take a tax deduction for a conservation agreement to 15 years from 5 years; and
c. Allowing qualifying farmers and ranchers to deduct up to 100% of their income, increased from 50%. - Purchase – In some situations, the Land Trust will purchase a conservation easement at the full easement value.
In all cases, the financial value of a conservation easement is established through a specialized appraisal. SSLT does not provide legal or financial advice and encourages landowners to explore options with their financial and legal advisors for guidance on how to structure a conservation easement transaction.
The Sagebrush Steppe Land Trust serves seven counties in Southeastern Idaho: Bannock, Bear Lake, Bingham, Caribou, Franklin, Oneida and Power.
Click on the interactive map to see conservation easements in our five priority areas:
Landowner Information
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Landowner Information Packet
Click the icon above to open the Landowner Information Packet.
Conservation Easement Brochure
Click the icon above to open the Conservation Easement Brochure.
In general, a conservation easement is a voluntary legal agreement that is the result of a landowner choosing to limit certain uses of his or her land — like development — to conserve the natural and traditional values of the land. Landowners grant conservation easements to protect the resources of their property while retaining the rights of private ownership. This contract between the landowner and the Land Trust is recorded in the county records and follows with the deed of the property. The terms of the conservation easement represent a mutual agreement between the landowner and Sagebrush Steppe Land Trust of how to conserve the natural and traditional values of the land. The landowner does not enter an agreement that he or she is not satisfied with.
Landowners love their land. They also understand the challenges that threaten the integrity of their land. As development costs become increasingly difficult to compete with, many landowners are concerned their family’s home and way of life will disappear, forever. Conservation easements can safeguard family land from being developed, forever. In addition to the landowner’s desire to keep his or her land intact, there can be federal estate and income tax benefits associated with granting a conservation easement.
No, the landowner continues to own the property and continues to be responsible for property taxes. He/she may sell it, live on it, use it, graze or farm it, or leave it to heirs, but the agreed-upon restrictions remain with the land forever.
Yes. A typical conservation easement encourages continued use for agricultural production, grazing, timber harvesting, and other uses consistent with the terms of the easement. Please remember that the conservation easement terms represent a mutual agreement between the landowner and the Land Trust.
No, the management of the property remains the responsibility of the landowner. The Land Trust is responsible for working with the landowner to ensure the management of the property is in concert with the easement. The Land Trust also strives to help landowners enhance the resources on their property and achieve their management goals through programs supported by partner agencies and contacts.
Yes. A landowner who chooses to enter a conservation easement agreement retains full ownership of his or her land.
Yes. For conservation easements, the issue is not the income from the activity, but the impact of the activity on the conservation values protected by the easement.
Yes. The landowner retains title to the property and can sell it or give it to others. The conservation easement “runs with the land,”meaning the conservation easement is recorded as a perpetual easement on the property, and a purchaser takes the title to the property, subject to the restrictions and conditions of the conservation easement.
The term easement can be misleading. Conservation easements do not require public access. While a landowner may choose to allow public access, there is no obligation to do so.
All conservation easements with Sagebrush Steppe Land Trust are permanent and remain with the land regardless of future ownership.
No. Conservation easements are done in perpetuity and the Land Trust has a legal obligation to make sure the terms of the easement remain intact forever.
When a conservation easement is granted, the restrictions on future development often reduce the appraised value of the property. The value of a conservation easement is generally estimated as the difference between the market value of the property unencumbered (“before”) and the market value of the property subject to the easement restrictions (“after”), as determined by a qualified appraiser. For example, the “before” market value of a developable property is the amount a person would pay for the property at the current time with its development rights available. (Note that the “before” value is not the sale price of the potential developed lots.) The “after” market value is the amount a person would pay for the property, knowing that it is permanently restricted from some or all development. There is usually (but not always) a substantial difference between the before and after values, and the difference is the value of the conservation easement.
Conserving your land typically involves some costs. Costs involved in closing conservation easements include: title reports, surveys, baseline documents, appraisals, legal services, financial advisory services, and so on. If you wish to seek a charitable deduction for your conservation easement donation, you will also need to cover the cost of an appraisal. Additionally, we do ask conservation easement donors to make a one-time contribution to establish a Dedicated Stewardship Fund for your property, which ensures our ability to support and uphold your conservation goals and the resources of your property in perpetuity. We ask landowners to share in the costs associated with granting a conservation easement to the extent they are able. In cases where these costs create a barrier to conserving important lands, we work with landowners to find funding.
Donating a conservation easement is a considerable commitment for a family to make. Similarly, accepting responsibility for the easement’s perpetual monitoring is also a significant commitment for the Land Trust. Easement donors are asked to consider contributing a tax-deductible stewardship contribution to be used solely for overseeing the easement. The stewardship contribution is a suggested charitable donation and is not a prerequisite for acceptance of a conservation easement.
Stewardship costs are calculated for each property and estimate the funding needed to monitor and enforce the conservation easement agreement in perpetuity. These costs account for annual insurance, property monitoring, administration, easement compliance and legal defense. Sagebrush Steppe Land Trust is responsible for ensuring the Stewardship funding needs are met before we can close the conservation easement. We ask that landowners consider contributing to this effort. Stewardship is our commitment to our landowner partners that we will honor their wishes and ensure the terms that were agreed upon are upheld in perpetuity.
The donation of a qualified conservation easement can be considered a charitable gift under federal tax law, potentially providing significant estate and income tax benefits. A donated conservation easement may also lower estate tax liability, enabling the safe passage of family lands from one generation to the next. Sagebrush Steppe Land Trust strongly encourages landowners to consult their attorney or tax advisor to fully explore the estate and income tax benefits flowing from the charitable donation of a conservation easement.
Stewardship
Once a conservation easement transaction is completed, the land trust shares responsibility with the landowner to ensure the conservation values (e.g., wildlife habitat, working farms and ranches) of the property are present for future generations. Sagebrush Steppe Land Trust uses a variety of tools to establish or maintain sustainable land management practices and works with agency and funding partners to monitor conservation easements, complete restoration projects, organize volunteer clean-ups, and more.
Sagebrush Steppe Land Trust often recruits volunteers to complete these projects. To be added to the volunteer list, click on the button below.
Monitoring Season
May – September
Every year, the Land Trust monitors all conservation and fee-title properties to ensure that the terms of the agreement are upheld and that the conservation values of the property are maintained.
Volunteers, interns and committee members play a huge role in our monitoring visits by identifying local plants and wildlife, building knowledge of landscape features, educating the Land Trust on landscape history, and so much more. In return, our supporters are provided the unique experience of touring private and public properties throughout Southeastern Idaho while learning about Land Trust and agency projects in the landscape. This program provides Sagebrush Steppe with an ability to connect our communities to the landscape we love.
Interested in volunteering? Please fill out the volunteer intake form.
Contact
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Restoration Projects
Curlew National Grassland
In partnership with the US Forest Service, the Natural Resources Conservation Service and a host of other partners, we are working to improve water quality and retention in Rock Creek located in the Curlew National Grassland. By re-elevating three miles of streambank, we are working to reduce bank erosion and reconnect the creek to its historic floodplain. Background for this project can be found on our YouTube page at: https://youtu.be/o0hqmy1DH8s
VIDEOS OF THE CURLEW
History
Farming
Ranching
Wildlife
Restoring
Collaboration
Kackley Springs
As a cold-water input to the Bear River, Kackley Springs is an important spawning tributary for Bonneville cutthroat trout. Restoration efforts are intended to improve riparian habitat, water quality, and provide cover from predators for native fish populations. To date, we have removed non-native Russian olive and done a series of native vegetation plantings.
Blackfoot River Wildlife Management Area (WMA)
In partnership with the Idaho Department of Fish and Game, Sagebrush Steppe Land Trust is working to improve stream habitat and increase Yellowstone cutthroat trout production, survival, and connectivity on 6 miles of the Blackfoot River. Restoration work is located on the Blackfoot River Wildlife Management Area (WMA), approximately 20 miles northeast of Soda Springs and directly bordering the Rasmussen Valley Mine.