Our primary tool is a “Conservation Easement”. We know that isn’t a term used very often, so here is what it actually means:

 

A conservation easement is:

A voluntary, legal agreement, between a private landowner and a land trust like BRLC.

It modifies what can be done with the land, and can limit subdivision or development.

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Flexible

Every easement is crafted to meet the needs of the landowner and to protect public benefits. Public benefits often include the protection of open space, wildlife habitat, preservation of agriculture, preservation of historic structures and sites, and when appropriate, public access. Often conservation easements protect several public benefits, but not all have to be included for an easement to meet IRS or Federal program requirements.

 

Easements are often placed on properties when a willing seller (landowner) and a willing buyer (BRLC) come together and agree on various terms and conditions. Typically, the existing uses of the property are allowed to continue as long as the public benefits are being protected. 

 

Protective

An easement does restrict how land can be used, but that is because the owner wants those restrictions to endure past his or her lifetime. Because conservation easements conserve the public benefits provided by private lands, they are called conservation easements, and a portion of their value may qualify as charitable contribution. This allows for working farms and ranches to remain working farms and ranches, without the pressure of being subdivided or developed.

 

Example

A farmer who owns riverfront property as part of his farm may be able to place either the riverfront property or the entire farm into a conservation easement. The riverfront property may preserve wildlife habitat, and the remainder of the farm may provide the public benefits of open space and agricultural production. Should a landowner choose to provide public access, the terms and conditions of the access can be further defined in the Conservation Easement Deed. 

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Forever

The easement is tied to the land, not just the current landowner. The land is protected, managed, and maintained within the bounds of the agreement, now and always. There are safeguards in federal law that ensure that an easement protects the conservation values forever.

 

A Tax Benefit

When a landowner voluntarily restricts the use of his land, its market value may decrease. To the extent that the restriction is donated -i.e., the landowner has not accepted compensation for the reduction in value- it can be considered as a charitable donation by the IRS. For more information, please your tax adviser.

 

A Lasting Legacy

The land that BRLC protects will become increasingly important as cities and suburban neighborhoods grow. These lands will become a permanent, lasting legacy of history, farming, ranching, and natural spaces. Cache, Rich, and Box Elder counties are popular for their open space and relatively natural condition. Our work, and the work of the private landowners who become our partners, will continue to enrich the lives of our children, grandchildren, and generations to come.

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How long does it take?

To learn what steps are involved in creating a conservation easement, and to learn how long a typical easement project can take, please read this page on how we save land.

 

Other Tools

In addition to helping landowners preserve their lands through legal means, Bear River Land Conservancy also assists with land management plans and habitat restoration projects in order to keep land in a healthy state. It is not enough to simply protect the land under the law; we want land to provide clean water, healthy recreation, and, of course, natural beauty.

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Occasionally, BRLC will also purchase lands that have conservation value. See, for example, our Mendon Meadow Preserve.​​​