A conservation easement is an effective land preservation tool used to conserve natural areas and open space on private lands. The protection of natural areas is becoming increasingly important, especially in areas such as Clermont County, where there has been a steady expansion of urban growth and development. As growth and development continue in the region, conservation easements will be essential tools to help protect natural areas and minimize adverse impacts to the environment.
A conservation easement is a voluntary agreement made by a landowner to place deed restrictions over property (or a section of property), to preserve land in its current state. The land typically has some conservation value, such as farmland, forested area, open space, wildlife habitat, streams or wetlands. Easements are drafted in various ways; however the restrictions generally prohibit future development of the land.
Landowners may choose to place an easement on their property for various reasons – many recognize the long-term environmental benefits. Conservation easements protect natural areas and open spaces, which in turn, provide indirect environmental “services,” such as storm water management. For example, a conservation easement that protects forested land next to a stream or lake would provide a natural, protective barrier (or “buffer”) to absorb rain water/snow melt and filter out harmful pollutants. When properly designed, forested stream buffers are highly effective methods for reducing storm water runoff and improving water quality, and are more efficient and cost effective than the more conventional, engineered methods used to reduce storm water impacts.
In addition to the environmental benefits, conservation easements also provide financial incentives for the individual landowner. Easements can be sold or donated, temporary or permanent; however, most easements are donated to local land trusts or government agencies in perpetuity. Landowners retain ownership of the property and are provided financial compensation for the loss of development rights. Financial compensation is based on the easement value, which is determined by the difference between property appraisals done before and after the deed restrictions. Landowners who donate easements may be eligible for income tax deductions and estate tax deductions. Because the deed restrictions lower the property’s market value, conservation easements are ideal for landowners looking to reduce the estate tax burden for those who may inherit the property in the future.
In a recent land use planning survey, Clermont County residents indicated that growth and development were very important to the economic vitality of the region. Residents also expressed a desire to balance future growth and development with the protection of specific land uses, such as open space. Often, communities that are undergoing a rural to urban/suburban transition express a desire to maintain the natural, rural character of their communities. Preserving natural areas with conservation easements helps to maintain the natural, rural character of the landscape and also adds aesthetic and recreational value to local communities. These contributions to the public good enhance community living and quality of life.
Landowners who are interested in placing a conservation easement on their property should contact a local land trust or government agency. The land trust or government agency will follow up with a site visit to assess the property and discuss the options available to the landowner. If you’re a Clermont County landowner interested in learning more about conservation easements, you can contact local land trusts including the Appalachia Ohio Alliance or the Southern Ohio Farmland Preservation Association, or government agencies including the Clermont Soil and Water Conservation District, the Clermont County Office of Environmental Quality, or the Clermont County Park District.