EASEMENT BASICS

 

 

WHAT IS A CONSERVATION EASEMENT?

 

Recorded legal agreement - between landowner and land trust or government agency

 

Always voluntary – landowners choose to participate

 

Two general types of tools – donated or purchased

 

Giving up of development rights – restricts certain activities to protect important agricultural or natural features of land

 

Permanent – binds all future owners

 

Owner still owns land – can use and sell the land No public access

 

 

WHAT IS ALLOWED UNDER THE EASEMENT

 

AGRICULTURAL USES – generally allowed

 

TIMBERING –  generally allowed  - timber management plan may be required

 

ADDITIONS AND REMODELING TO THE PRIMARY RESIDENCE – generally allowed

 

ACCESSORY STRUCTURES -  structures that serve the primary residence (garages, pools, etc..) generally allowed

 

AGRICULTURAL ACCESSORY STRUCTURES – generally allowed

 

 

WHAT RESTRICTIONS WILL BE PLACED ON THE PROPERTY?

 

 

STREAM BUFFERS – vary by program – MET minimum of 100-foot grassed buffers required – stream crossings allowed – larger buffers and wooded buffers encouraged wherever possible

 

SUBDIVISION – generally prohibited – some non-density subdivisions may be allowed under the easement in special circumstances

 

PUBLIC ACCESS – not required

 

ADDITIONAL HOMES –  generally prohibited

 

INSPECTION – once every other year – property owner notified before visit.  No access to interior of structures allowed

 

COMMERCIAL USES – generally prohibited – some limited may be allowed by easement.