A conservation easement is a restriction landowners voluntarily place on their property to protect natural resources such as topsoil, water quality, wildlife habitat or scenery, or to protect the land for a certain type of use, such as farming. The easement generally prohibits any subdivision or development or any practice which would damage the agricultural and open space value of the land. The organization which receives the easement accepts responsibility for monitoring and enforcing the restrictions. Although the duration of a conservation easement may vary to suit the needs of the land owner, tax benefits are available only for perpetual easements that subject all future landowners to their restrictions. A landowner who donates an agricultural and open space conservation easement retains all rights to use the land for agricultural operations and for any purpose that does not interfere with the ability to farm the land.
Conservation easements are flexible documents.
Their terms are tailored to suit the needs of the landowner and his or her property. While agricultural and open space easements generally restrict all non-farm use of the land, some limited development may be allowed. For example, an easement generally permits the construction of new farm buildings and can allow construction of a few carefully located houses for family members. The easement may be written to apply to the entire property or to only a portion. The flexibility of other restrictions will vary with the characteristics of the farmland and the conservation objectives of the easement.