About Conservation Easements

Learn more through this description of a conservation easement with landowner Ryan Matthews that preserves 3.5 acres at the south end of Lake Arrowhead in western Steuben County.

Here’s a quick review of what a conservation easement is and what it does. Per the Land Trust Alliance:

“A conservation easement is a voluntary legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values. Landowners retain many of their rights, including the right to own and use the land, sell it and pass it on to their heirs. Conservation easements… are the number one tool available for protecting privately owned land. All conservation easements must provide public benefits, such as water quality, farm - and ranch - land preservation, scenic views, wildlife habitat, outdoor recreation, education, and historic preservation.” 

WHEN DONATED FOR CONSERVATION IN PERPETUITY, AN EASEMENT IS A TAX DEDUCTIBLE CHARITABLE GIFT AND MAY REDUCE ESTATE TAXES.

THE EASEMENT PROHIBITS: 

• Permanent residential activity
• Placement or construction of any permanent structures
• Removal or addition of soil

THE OWNER IS STILL ALLOWED TO: 

• Remove or plant trees or other vegetation;
• farm, hunt, fish, trap and camp as long as no covenants are breached;
• water for irrigation;
• add sheds that are not anchored to a permanent foundation;
• install a pier for docking a boat;
• place temporary hunting blinds;
• and use all-terrain vehicles or other types of motorized vehicles.

The 101 Lakes Trust is required to ensure that no activities take place that are in violation of the
easement, thereby conserving the property’s natural habitat.

The result is that Matthews is still allowed many activities on his land while the property is protected from development, and the residents of Lake Arrowhead benefit from perpetual greenspace on the southern end of their lake.