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Elements of a Conservation Easement

The language used in conservation easements is crucial to establish perpetual protection of property and continuation of the uses and attributes that constitute the land's conservation value.

Easements held by government agencies must meet the requirements outlined in the Open Space Lands Act, while those held by private organizations must meet those of the Virginia Conservation Easement Act.

Any landowner planning to receive tax credits through the Land Preservation Tax Credit program will have to meet requirements of the program, including:

The easement is in perpetuity, and
The easement is conveyed to protect at least one of the following conservation purposes: agricultural and forestal use, open space, natural resource and/or biodiversity conservation, or land, agricultural, watershed and/or historic preservation.

The Land Preservation Tax Credit program requires that all projects claiming $1 million or more in tax credits, meet the Virginia Land Conservation Foundation criteria, to ensure that the property’s conservation value is protected. Other projects not seeking $1 million in tax credits can also follow this criteria to help ensure their project’s conservation value is adequately protected.

While easement language will vary based on the easement holding organization and the characteristics of the property being protected, here is a list of common conservation easement restrictions, that a landowner may expect to see if they decide to ease their property.