Conservation Easements, a Benefit to the Environment and the Landowner

Conservation easements are a way for landowners to permanently protect their land for conservation purposes. This means keeping the land in its natural state, preserving wildlife habitats, and protecting historical or cultural sites. By donating a conservation easement to a government or charity, landowners can prevent certain activities like building, dumping, or removing trees on the land. This not only benefits the environment but can also provide tax benefits for the landowner. A conservation easement is a legal agreement that protects important land from development or harm. It can be granted to a government agency and prevents the public from accessing the land. There are different ways to create a conservation easement, like using deed restrictions or specific language in legal documents. In Florida, conservation easements are often used to meet requirements for protecting water resources. This helps ensure that construction projects won’t harm the environment. If you want to build something that might affect wetlands or water, you have to try to lessen the impact. If there’s still a problem, you might have to agree to a conservation easement, which means you promise to protect the land forever. There are forms you can use for this, and they have to follow the law. All the water management districts in Florida use the same forms now, to make things fair. The Army Corps of Engineers, DEP, and WMDs work together to issue permits for activities that affect bodies of water and wetlands. The Corps may allow a DEP or WMD conservation easement to satisfy its requirements, but the easement must meet certain specifications. If the Corps agrees, the grantor of the easement must make the Corps a third-party beneficiary and give notice before making any changes to the easement. The agencies have developed a standard form for this type of easement. For permit applicants and developers, conservation easements can help avoid duplicative regulations and protect the environment. The LEED certification program also gives points for preserving habitat, which can lead to public recognition and financial benefits for developers. By setting aside land for conservation, developers can sell nearby lots at a higher price, and homeowners can enjoy the assurance that the area will be preserved for the long term. Conservation easements can bring tax benefits to landowners. If a conservation easement qualifies as a gift, the landowner may receive a federal income tax deduction. In some states, there may also be a property tax exemption for land dedicated in perpetuity for conservation purposes. The land must be used exclusively for conservation and meet certain requirements to qualify for the exemption. These easements can also benefit the environment and help developers meet permit requirements and earn tax incentives. In Florida, a conservation easement must last forever to be considered valid, but some federal programs may have shorter durations. The purpose of a conservation easement is to protect land for things like outdoor recreation, education, wildlife habitats, and open space. This can also have tax benefits in Florida.

Source: https://www.floridabar.org/the-florida-bar-journal/conservation-easements-a-benefit-to-the-environment-and-the-landowner/