CONSERVATION & AGRICULTURAL EASEMENTS

Conservation and agricultural easements are legal agreements between a landowner and a land trust that permanently limits a property's uses in order to preserve its "conservation values". These easements can be characterized as the "rights to develop and/or subdivide land" and are usually designed to preserve specific conservation values (such as open space, habitat, recreation, agriculture, etc.). An "agricultural easement" is very similar to a "conservation easement" except that an agricultural easement includes as part of its main purpose the conservation of agricultural land.

Placer Land Trust currently holds seven conservation easements and four agricultural easements.

Conservation and agricultural easements keep land in private ownership. When you own land, you also own many rights associated with it, such as the rights to farm, graze, harvest timber, build structures, etc. When you donate or sell a conservation easement to a land trust, you voluntarily give up some of those rights. For example, you might give up the right to build additional residences, while retaining the right to grow crops. These easements are flexible documents, and are designed to meet the specific needs and desires of both the landowner and the land trust. In some cases, a conservation easement may apply to just a portion of the property, leaving the option of development open for the remaining part. It may allow limited building within the area under the easement.

Conservation and agricultural easements are permanent agreements, recorded by the County as an easement on the land, and apply to any subsequent land ownership.

Note: The type of conservation easement depends on what type of land values are being preserved. Typically, conservation easements that preserve working landscapes such as farms or ranches are called "agricultural easements" to differentiate them from the standard "conservation easement" that preserves land for wildlife, recreation, cultural, historical, scenic, or other natural values. For the purposes of this website, we will use the term "conservation easement" for both types of easement.

The following sample conservation easement sections are a guide to the standard legal document used by Placer Land Trust as the basis for developing conservation easements. PLT relies heavily on the research and advice of the Land Trust Alliance in the creation of conservation easements, as well as our own experience and the advice of our legal counsel. PLT can be flexible about some terms of each conservation easement, and PLT staff can assist landowners by preparing a document that meets each landowner's specific needs. This guide only summarizes the main sections of a conservation easement. Some parts of this guide may not apply to particular projects and some easements may require additional stipulations in order to achieve specific conservation objectives. Before donating or selling an easement, each landowner must be familiar with the terms of the legal document itself and should seek the advice of an attorney.

Each conservation easement generally includes the following sections (not necessarily in this exact order):

A. INTRODUCTION

The easement begins with a series of "whereas" clauses which summarize the public benefit that comes from permanently conserving land in Placer County. All easements held by Placer Land Trust are perpetual and "run with the land," meaning that the easement remains no matter how the property is transferred or who the future owners are. While an easement can, in theory, be amended with the consent of Placer Land Trust, such changes are extremely rare and only occur where the amendment does not reduce the protection of conservation values. A "schedule" attached to the easement describes the "protected property" conserved by the document.

B. STATEMENT OF PURPOSES

The easement begins with the statement that the document's primary purpose is to "conserve productive agricultural and forestry uses, wildlife habitats, non-commercial recreational opportunities and activities, and other natural resource and scenic values of the Protected Property for present and future generations." This clause in each easement is tailored to identify the unique attributes of each property. This statement of purposes provides a basis for interpreting the easement.

C. RESTRICTED USES OF THE PROPERTY

This section of each easement identifies the following limitations on the landowner's use of the conserved property:

1. General: A conserved property may be used for agricultural, forestry, educational, non-commercial recreational, and open space purposes only, and only as agreed upon and specified in the conservation easement. Unless specified in the easement, no residential, commercial, industrial, or mining activities are permitted.
2. Rights of Way and Easements: The easement prohibits rights of way and access easements including driveways, roads and utility lines unless specifically permitted in the document or unless permission for new easements is obtained from Placer Land Trust. Existing rights of way and easements are unaffected.
3. Signs: Signs are generally prohibited. However, exceptions to this general rule include property identification signs, boundary markers, directional signs, signs posting the property against trespass, memorial plaques, and temporary signs indicating the property is for sale or lease. Signs informing the public that farm or timber products are for sale or are being grown are also permitted. Placer Land Trust, with the permission of the landowner, may erect signs indicating that the property has been conserved by Placer Land Trust.
4. Trash: The storage of trash, human waste or unsightly material on the property is prohibited unless Placer Land Trust approves such storage in advance.
5. Excavation: The easement prohibits filling, excavation, removal of topsoil, sand, gravel, rocks, or minerals, or any change to topography unless the change is necessary to carry out the uses otherwise permitted by the conservation easement. Surface mining is expressly prohibited. In rare cases and under specific conditions, sand and gravel extraction for forestry or agricultural use on the property may be permitted.
6. Subdivision: Subdivision of the property is prohibited unless the owner first secures Placer Land Trust's written permission. Such permission is rare unless the easement includes the clause described in paragraph D(8) below, which describes agreed upon conditions of subdivision when the easement is created. Any subdivided parcel remains protected by the conservation easement.
7. General Clause: The easement includes a general clause which ensures that no uses will be made of the property which are inconsistent with the purposes of the conservation easement, as described in Section B, above.

D. PERMITTED USES OF THE PROPERTY

This section of each easement identifies the following permitted activities on and uses of the conserved property:

1. Agriculture: Within agricultural land areas protected by an agricultural conservation easement, the landowner may establish, re-establish, maintain, and use fields, orchards and pastures in accordance with generally accepted agricultural practices and sound husbandry principles; however, the landowner must obtain written permission from Placer Land Trust prior to clearing forestland or otherwise expanding the agricultural area. Construction and maintenance of farm roads within the agricultural land area is also permitted by this clause. If a question arises concerning what are "sound agricultural and husbandry practices," Placer Land Trust will seek the advice of professionals.
2. Forest Management: For land with forest resources, Placer Land Trust generally requires the development of a forest management plan to promote the long-term health and sustainability of forest land. The easement may allow selective cutting if consistent with the purposes of the forest management plan, such as for control of fire potential, or if required because of the natural occurrence of fire, wind or insect damage.
3. Farm Buildings: The landowner may construct and maintain barns and similar structures on the property (and associated drives and utilities) when agreed upon and provided for in the conservation easement and provided they are used for agricultural purposes. The owner must obtain prior written approval from Placer Land Trust.
4. Water Resources: On agricultural land, the landowner may improve and establish sources, courses and bodies of water for uses permitted under the conservation easement. Agricultural easements require that the natural course of existing surface water drainage and runoff not be unnecessarily disturbed, except where required to improve the drainage of agricultural lands. The construction of ponds and reservoirs is permitted with the prior written consent of Placer Land Trust. Generally, easements for open space, habitat, and other nonagricultural purposes do on allow disturbance of natural water courses and wetlands.
5. Trails: The landowner may clear, construct and maintain trails for non-motorized recreational activities. Specific uses, such as hiking and horseback riding, are left to the discretion of the landowner unless otherwise agreed upon and specified. Unless the easement specifically provides otherwise (see Section G(1), below), the owner is not required to permit public use of the property.
6. Existing Homestead: Any existing homestead is generally excluded from the "protected property" unless it makes a significant contribution to the conservation goals of the easement. When the homestead is included, the easement normally identifies a "Homestead Complex" area, within which the owner is entitled to maintain, repair, renovate, enlarge or rebuild the existing dwelling and associated improvements without Placer Land Trust's prior approval. However, no new dwellings can be constructed nor can the Homestead Complex be conveyed separate from the protected property (except as may be provided in paragraph D(8) below).
7. Additional House Sites: The easement may allow the construction of one or more additional residences with associated improvements, provided the landowner first obtains Placer Land Trust's approval for the location of each dwelling. The location of new homes must be consistent with the easement's purposes as described in Section B.
8. Subdivision: The easement may allow subdivision of the property to create a parcel for each house site permitted under paragraph D(7) above. The location of subdivision boundaries must be consistent with the easement's purposes as described in Section B.

E. ENFORCEMENT OF THE EASEMENT

Under this section of the easement, Placer Land Trust accepts the responsibility of monitoring the property and, if necessary, enforcing the terms of the easement. If a violation occurs, Placer Land Trust will attempt to contact the landowner personally to secure voluntary compliance, and Placer Land Trust is required to notify the landowner by certified mail of the action required to correct the violation. Placer Land Trust may enforce the easement in court if the violation is not corrected. Placer Land Trust will work with the landowner to voluntarily correct any violation of the conservation easement to avoid court enforcement. However, when voluntary efforts fail and a significant violation has occurred, it may be necessary to seek injunctive relief, an order requiring correction of the violation, or an award of monetary damages. The owner may be required to reimburse Placer Land Trust for its enforcement expenses.

F. MISCELLANEOUS PROVISIONS

Each easement includes the following additional "miscellaneous" clauses:

1. Placer Land Trust may request reimbursement from the landowner for extraordinary staff and other costs when the owner seeks prior written approval from Placer Land Trust for new structures, ponds, etc., should the review process become unreasonably time consuming or complicated. If a landowner requests written approval as part of the periodic monitoring process and provides Placer Land Trust with all information necessary to review the request, reimbursement will not be sought.
2. The easement requires the landowner to comply with any State or local regulations which govern uses of or construction on the conserved property.
3. Placer Land Trust may only transfer the conservation easement to a public agency or a qualified conservation organization which agrees to enforce the easement.
4. In the unlikely event the easement is extinguished by eminent domain or other legal proceedings, Placer Land Trust is entitled to any extinguishment payment for the value of the conservation easement.
5. Any future deed or lease conveying an interest in the property must refer to the conservation easement. The landowner must also notify Placer Land Trust of the names and addresses of any new landowner. This assures that new owners are aware of the conservation easement and provides Placer Land Trust with the opportunity to contact new owners to discuss the easement.

G. OTHER SPECIAL PROVISIONS

Depending on the special circumstances of each conservation property, one or more of the following provisions may be included:

1. Public access: A clause permitting public access to the property, normally confined to an identified trail, for such purposes as walking or gaining access to a water body or other feature of public interest. Improvement of any such access and general public use cannot occur until a responsible organization has been identified to manage the access.
2. Historic preservation easement: When structures or sites with rare historical or archeological value are present, special provisions protecting those structures and sites may be included in the easement.
3. Habitat protection: When specialized habitats are located on the property, such as a deer wintering area or wetlands, easement language can be added to protect the habitat from intrusive activities.

H. OTHER IMPORTANT INFORMATION

1. Encumbrances: All mortgages, liens or similar encumbrances on title to the property must either be discharged or subordinated to the conservation easement. This prevents termination of the easement in the unlikely event of a foreclosure.
2. Tax Deduction: A landowner who seeks a charitable income tax deduction for the gift of a conservation easement must comply with a variety of Internal Revenue Code and regulatory requirements. Please consult a trusted financial advisor.
3. Independent Advice: The donation of a conservation easement can involve a variety of legal, tax, estate and family issues. Donors should obtain the advice of qualified legal and financial advisors before making such an easement donation.

To learn more about conservation and agricultural easements, contact Executive Director Jeff Darlington at (530) 887-9222 or jeff@placerlandtrust.org.

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