A conservation agreement, also called a conservation easement, is a legal document that permanently restricts the development or use of land to ensure the protection of its conservation values.  When you donate a conservation agreement to Three Rivers, you give up some of the rights associated with the land.  For example, you might give up the right to build additional structures or log the forest.  Future owners also will be bound by the agreement’s terms.  Three Rivers is responsible for making sure the agreement’s terms are followed.

Conservation agreement offer great flexibility.  An agreement on property containing rare plants or wildlife habitat might prohibit any development, for example, while an agreement on an agricultural property might allow continued farming and the building of additional agricultural structures. An agreement may apply to just a portion of the property or all of it, and need not require public access.

A landowner sometimes sells a conservation agreement, but usually agreements are donated.  If the donation benefits the public by permanently protecting important natural resources and meets other federal tax code requirements – it can qualify as a tax-deductible charitable donation.  The amount of the donation is the difference between the land’s value with the agreement and its value without the agreement.  Placing an agreement on your property may also result in property tax savings.  See the Tax Code Fact Sheet for additional information.

Perhaps most important, a conservation agreement can be essential for passing land on to the next generation.  By removing the land’s development potential, the agreement lowers its market value, which in turn lowers estate taxes. Whether the agreement is donated during life or by will, it can make a critical difference in the heirs’ ability to keep the land intact.

Ask for a copy of our brochure “A Landowner’s Guide to Donating a Voluntary Conservation Agreement”, which provides more detailed information on conservation agreements.

Have more questions or ready to talk specifics, call our Conservation Director at 503 699-9825.