Conservation Easements Benefit Everyone

By Kevin Ramundo

Conservation easements are one of the most important tools that exist for preserving rural lands and open space. They can provide an attractive option for landowners who would prefer to keep their lands, rather than sell them for potential development.

According to the Piedmont Environmental Council, as of 2018, conservation easements in Fauquier and Loudoun counties have protected almost 166,000 acres. That includes land along streams, rivers and scenic byways; historic battlefields and districts as well as farmland, forests and wetlands.

This land is protected forever and benefits are substantial: reducing development pressure in rural areas; providing cleaner air and water; keeping prime land available for agriculture and forestry; maintaining wildlife habitats; enhancing recreational opportunities; and, preserving scenic landscapes for the enjoyment of residents and visitors.

A conservation easement is a voluntary agreement between a landowner and an easement holder such as a private land trust organization (for example, Land Trust of Virginia and Piedmont Environmental Council) and local and state governmental agencies like the Virginia Outdoors Foundation.

Under the agreement, a landowner decides to give up the opportunity to develop some or all of the property. To qualify, the property must have attributes worth conserving, including valuable agricultural soils, water resources, scenic views and wildlife habitats.

Landowners donating a conservation easement are likely to be eligible for certain state and federal tax benefits. The amount is based on what a real estate appraiser determines to be the difference between the value of the property before and after development rights are given up.

As attractive as tax reductions and other benefits can be, a landowner can decide to sell a property for development and, probably, make out better financially. But there are important trade-offs. If sold for development, the landowner gives up the property and maybe even the home.

Also lost is the opportunity to pass family lands to future generations and any revenues associated with agricultural or other activities on the land. It’s important to remember that easements are not anall-or-nothing proposition. A landowner can retain some limited development rights on the property, and the land can always be sold in the future, subject to the terms of the easement agreement.

Some mistakenly believe easements exist solely for conserving very large properties. Actually, easements can be donated on land as small as several acres.

And everyone can benefit from tax reduction opportunities, either directly if a person has large tax bills to offset, or through the ability to sell the tax credits which can be important to landowners who are interested in generating cash while conserving the land they care about.

Easements do not impose restrictions on the landowner. They are agreed to by the landowner and the organization holding the easement. Easements also are thought to be expensive. Yes, there are legal and appraisal costs, but there are programs that will help cover part of the costs.

Some also believe conservation easements adversely affect the fiscal health of local jurisdictions. Not true. Easements keep rural lands in agricultural and open space uses which are fiscally positive for local jurisdictions. The amount of public services these uses require is substantially lower than what is required for residential development. According to the American Farmland Trust, studies conducted over the last twenty years have consistently shown that working lands generate substantially more public revenues than the cost of services they require.

That’s in sharp contrast to land used for residential development. Property taxes associated with residential development seldom cover the cost of schools, roads and other public services additional housing requires. The resulting deficit can only be reduced by increasing property taxes on existing residents, scaling back services and/or by borrowing money.

So, the next time you drive down the many scenic rural roads in Fauquier and Loudoun. remember that much of the land you see is preserved under conservation easements. They’re protected forever for everyone’s benefit. Our elected leaders should be encouraged to support conservation easements and other programs that help preserve our rural and open lands.