About Conservation Restrictions

A conservation restriction is a voluntary legal agreement between a property owner and a nonprofit or government conservation organization. The agreement defines uses of the property that are permitted, and identifies the activities that can not take place on the property. Conservation restrictions (CRs) typically relinquish the right to develop the land. However, CRs frequently allow particular uses of the property, such as farming or timber harvesting, when they are consistent with the objectives of the parties. CRs may also designate appropriate portions of the land for development.

The Duration of a Conservation Restriction

Conservation restrictions are usually perpetual but may be instituted for a stated period. CRs are recorded like deeds and are binding upon future owners of the property.

The Uses of a Conservation Restriction

Typically, a landowner grants a conservation restriction in order to protect land with conservation value from future incompatible uses, such as development. Lands with characteristics such as agricultural use, forests, wetlands, important wildlife habitat particularly of endangered species, beaches, scenic areas and the like are considered to have significant conservation value.

Protecting Part of a Property

It may be possible for a landowner to sell portions of the land with little conservation value for appropriate limited development without affecting the conservation value of the remaining, protected portion.

The Parties to a Conservation Restriction

There are two parties to a conservation restriction; the landowner and the conservation organization. Under the CR agreement, the landowner, or grantor, abides by the restrictions detailed in the agreement and retains ownership of the land. The conservation organization, or grantee, accepts the legal responsibility to monitor and enforce the conservation restriction.

Activities Prohibited by a Conservation Restriction

The provisions can vary from situation to situation, depending upon the desires of both the landowner and the conservation organization. When crafting the conservation restriction agreement, the landowner can specify exactly how the land is to be used, as long as the use does not conflict with the conservation values the CR is intended to protect. The conservation restriction agreement becomes the record of which uses of the property are permitted, and which are prohibited.

Selling Land with a Conservation Restriction

A landowner may sell, give away or lease the property as usual. However, all future owners or renters of the property must abide by the terms of the CR.