Natural Resources Government Agencies
Term: Easement Define: Easement Go to  www.landtrustva.org Go to the “About Conservation Easements” tab. What does a conservation easement do?
Conservation Easements Easement:  A right held by someone to use land belonging to someone else for a specific purpose  Conservation Easements prevent a parcel of land from being developed usually indefinitely some are written for a specific period of time  Landowner maintains the title If sold in the future, easement goes with the land
Sources of Easements Private land trusts: usually land is donated Land Trust of Virginia Virginia Outdoors Foundation The Nature Conservancy Non-common Open Space: 85% Required of subdivisions of 30 acres or greater in RA & RC zoned areas PDR- County buys the right to develop
PDR Purchase of Development Rights: Under a PDR program, a landowner voluntarily sells his/her rights to develop a parcel of land to a public agency or qualified conservation organization.  Owners sell the right to develop to raise cash or make improvements to property Budget will be cut 50% next year
Who owns the land? The original owner maintains title to the land He sells (or donates) his right to develop it (break it into smaller parcels). Putting any easement on land decreases its market value. If you donate your land you write that loss off of your taxes
Process Apply for PDR or Easement donation  Land is appraised Land is accepted or declined based on likelihood of development Requires legal expertise Requires closing costs Expenses are tax deductible
Advantages & Disadvantages Land permanently preserved May have financial benefits Your property decreases in value You can’t undo it if you change your mind More complicated if you have a mortgage Easement holder maintains right to monitor property
Agriculture Land Use Valuation Special property tax rates for land used for agriculture or forestry Tax rate is based on “use” rather than market value Taxes deferred annually (apply in Jan & Feb) If you sell or stop producing you owe “rollback” taxes – difference between the use tax and the assessment tax rate
Types Forestry – minimum 20 acres forested Must have 40% stockage:  400 seedlings or 21 trees 15” dbh per acre Or inaccessible or adverse site Agriculture/Horticulture – min of 5 acres Must have been in production for 5 years Must have sales averaging over $1,000/yr for the last 3 years Minimum of animal units per acre per month
Cost share programs Funded by the 2008 Farm Bill Managed by the local Soil & Water Conservation Districts, the Department of Forestry, and the USDA
CREP – Conservation Reserve Enhancement Program Shares cost of planting riparian buffers along streams Fencing livestock out of riparian areas Building alternative livestock water access Pays 75% - 100% of costs Continuous sign-up
CRP – Conservation Reserve Program Plant long term cover crops on highly erodible land Pays cost share of the cover crop or forest Pays rent on the land Fixed sign-up periods Make a contract for 10 – 15 years Cropland must have been in production for 2 of the 5 most recent years
Conservation Security Program (CSP) & Environmental Quality Incentive Program (EQIP ) Financially rewards stewardship and sustainability Only for lands in priority watersheds Land must be in use for livestock or crop production Contract payments are made for conservation treatments or practices

1 13 Easements & Land Use

  • 1.
  • 2.
    Term: Easement Define:Easement Go to www.landtrustva.org Go to the “About Conservation Easements” tab. What does a conservation easement do?
  • 3.
    Conservation Easements Easement: A right held by someone to use land belonging to someone else for a specific purpose Conservation Easements prevent a parcel of land from being developed usually indefinitely some are written for a specific period of time Landowner maintains the title If sold in the future, easement goes with the land
  • 4.
    Sources of EasementsPrivate land trusts: usually land is donated Land Trust of Virginia Virginia Outdoors Foundation The Nature Conservancy Non-common Open Space: 85% Required of subdivisions of 30 acres or greater in RA & RC zoned areas PDR- County buys the right to develop
  • 5.
    PDR Purchase ofDevelopment Rights: Under a PDR program, a landowner voluntarily sells his/her rights to develop a parcel of land to a public agency or qualified conservation organization. Owners sell the right to develop to raise cash or make improvements to property Budget will be cut 50% next year
  • 6.
    Who owns theland? The original owner maintains title to the land He sells (or donates) his right to develop it (break it into smaller parcels). Putting any easement on land decreases its market value. If you donate your land you write that loss off of your taxes
  • 7.
    Process Apply forPDR or Easement donation Land is appraised Land is accepted or declined based on likelihood of development Requires legal expertise Requires closing costs Expenses are tax deductible
  • 8.
    Advantages & DisadvantagesLand permanently preserved May have financial benefits Your property decreases in value You can’t undo it if you change your mind More complicated if you have a mortgage Easement holder maintains right to monitor property
  • 9.
    Agriculture Land UseValuation Special property tax rates for land used for agriculture or forestry Tax rate is based on “use” rather than market value Taxes deferred annually (apply in Jan & Feb) If you sell or stop producing you owe “rollback” taxes – difference between the use tax and the assessment tax rate
  • 10.
    Types Forestry –minimum 20 acres forested Must have 40% stockage: 400 seedlings or 21 trees 15” dbh per acre Or inaccessible or adverse site Agriculture/Horticulture – min of 5 acres Must have been in production for 5 years Must have sales averaging over $1,000/yr for the last 3 years Minimum of animal units per acre per month
  • 11.
    Cost share programsFunded by the 2008 Farm Bill Managed by the local Soil & Water Conservation Districts, the Department of Forestry, and the USDA
  • 12.
    CREP – ConservationReserve Enhancement Program Shares cost of planting riparian buffers along streams Fencing livestock out of riparian areas Building alternative livestock water access Pays 75% - 100% of costs Continuous sign-up
  • 13.
    CRP – ConservationReserve Program Plant long term cover crops on highly erodible land Pays cost share of the cover crop or forest Pays rent on the land Fixed sign-up periods Make a contract for 10 – 15 years Cropland must have been in production for 2 of the 5 most recent years
  • 14.
    Conservation Security Program(CSP) & Environmental Quality Incentive Program (EQIP ) Financially rewards stewardship and sustainability Only for lands in priority watersheds Land must be in use for livestock or crop production Contract payments are made for conservation treatments or practices