Conservation Easements

What is a Conservation Easement?

A conservation easement is a custom-designed, voluntary, legal agreement that allows landowners to preserve their land, the wildlife habitat it provides, and the natural resources it contains forever, and still retain ownership of the land. This voluntary, legal agreement between a landowner and a qualified conservation organization (such as a land trust) or government agency permanently restricts certain uses and activities on the land in order to protect its conservation values. Each easement is tailored to the specific property and needs of the landowner, allowing for flexibility in how the land is used while ensuring its long-term protection.

Benefits of Conservation Easements

Protection of Natural Resources: Conservation easements safeguard valuable natural attributes such as water bodies, plant and wildlife habitats, and scenic landscapes. By limiting development and environmentally-damaging actions, these easements help maintain the ecological value of the land. 

Preservation of Open Space: In rapidly developing areas, conservation easements preserve open spaces, providing critical natural areas that support biodiversity and provide other ecological benefits for the community.

Agricultural and Forestry Preservation: These easements can protect agricultural and forest lands from being converted to non-agricultural uses, ensuring that these lands remain productive and continue to contribute to the local economy and food supply.

Tax Benefits: Landowners who place a conservation easement on their property may be eligible for significant federal, state, and local tax benefits, including income tax deductions, property tax reductions, and estate tax benefits.

Legacy and Heritage: Conservation easements allow landowners to leave a lasting legacy by preserving their land for future generations. This helps maintain the cultural and historical heritage of the region.

How Conservation Easements Work

Assessment and Planning: The process begins with an assessment of the land to identify its conservation values and the goals of the landowner. This includes evaluating current uses, natural features, plant and wildlife habitats, water resources, and potential threats.

Drafting the Easement: A custom conservation easement agreement is drafted to outline the restrictions on land use and the rights retained by the landowner to make certain changes/improvements to the land (e.g. adding a barn or additional home for a child. This document is tailored to protect the specific conservation values of the property while allowing for compatible uses by the current and all future owners of the land.

Legal Process: Once the easement is drafted, it undergoes a legal review by both the land trust and the landowner to ensure it is acceptable by both parties and in compliance with local, state, and federal laws. The easement is then signed by the landowner and the conservation organization, and is recorded with the local land records office, making it a permanent part of the property deed. The agreement remains in place whether the land passes to an heir or is sold.

Stewardship and Monitoring: The conservation organization is responsible for monitoring the property to ensure compliance with the easement terms established by the landowner who created the easement. Regular site visits and communication with the landowner and all future owners help maintain the easement’s effectiveness.  It is the responsibility of the conservation organization to identify and address any issues that arise, including taking legal action to ensure that the terms of the easement are honored in perpetuity.

How to Get Involved

Contact Comal Conservation: Reach out to us to discuss your conservation goals and learn more about how a conservation easement could benefit your property and preserve or create your family land legacy. We can help put you in touch with a land trust whose focus best matches your goals.

Donate: Financial contributions to the Comal Land Conservation Fund help preserve Comal’s undeveloped lands by assisting landowners  in the creation and stewardship of conservation easements, ensuring the protection of these precious lands for future generations.

More Information

Texas Land Trust Council.org