What is a Conservation Easement?

Conservation easements are agreements between landowners and conservation organizations and/or government agencies. They're binding agreements that limit how the land can be used in the future to protect its natural features, like wetlands and uplands, as well as critical wildlife habitats and corridors.

They can permit the continuation of agricultural activities while also preserving open space and environmentally sensitive lands. They can protect natural resources, maintain or enhance air or water quality, and preserve sites or properties of historical, archeologic or cultural significance.

When structured properly, the restrictions will remain in place and ensure the land stays preserved for conservation purposes in perpetuity regardless of ownership.

How does a Conservation Easement Work?

A conservation easement is a permanent restriction of use placed upon a piece of land to protect it from development.

• A landowner decides to protect all or a portion of land from future development or changes.
• The landowner collaborates with a conservation organization such as a land trust or a government agency that is dedicated to preserving natural areas.
• A legal agreement (the conservation easement) is created. This agreement outlines specific rules and restrictions for how the land can be used in the future. For example, it might prohibit any future development, limit mining, or protect habitat for endangered species.
• Once the easement is in place, it stays with the land forever. Even if the original owner sells the land, the restrictions and rules in the easement agreement stay in place for all future owners.

Who Benefits?

This is where the beauty of conservation easements comes through.

Everyone benefits.

They are a win for people who like to see expanses of land stay as close to Old Florida as possible and who want them protected in perpetuity.

They’re also an important win for farmers and ranchers. It’s fine to say that we don’t want agricultural land to be developed. But what if you are the farm or ranch family that is struggling to stay afloat in the face of overwhelming challenges – rising costs of everything from equipment to fertilizer, competition from national and international markets for products, weather and more weather, and the fact that lots of families have no one in upcoming generations to take over the operations. Younger people have lots of opportunities, and most of them are a lot easier and more lucrative than farming or ranching.

A conservation easement can provide family farms with the ability to monetize their asset in ways other than selling the land for future development.  By providing alternate ways to capitalize on the value of the land, we enable the preservation of large swaths of Florida that author Patrick Smith affectionately called “A Land Remembered.”

Florida wildlife also gets a good deal out of conservation easements because important natural areas are preserved as habitat.  Some conservation easements are part of a statewide Florida Wildlife Corridor. The Corridor comprises nearly 18 million acres of contiguous wilderness and working lands crucial to the survival of many of Florida’s 131 imperiled species. Since 2021, the Florida legislature has budgeted nearly $2 billion for protecting land in the Florida Wildlife Corridor.

What are the Typical Restrictions on the Land within a Conservation Easement?

It depends on the land itself and the goals of the parties involved in the agreement. Any of these could be included:

• Development Restrictions that restrict or outright prohibit new construction.
• Habitat Protection to safeguard critical habitats and prevent activities like logging or draining.
• Bans on Certain Activities like mining, clear-cutting forests, or using certain types of pesticides or chemicals that could harm the environment.
• Agricultural Use Restriction to ensure farming practices are sustainable and don’t harm the land’s conservation values. 

In Our Next Issue

Florida has had great success with its conservation easement efforts over several decades.

As part of upcoming newsletters, we’ll break down some of the myths and misconceptions about conservation easements. We’ll also take a look at how well the state has done and what efforts are ongoing.  And we’ll explore who monitors conservation easements, what can go wrong, and how to make sure the agreement is structured properly and enforceable in perpetuity.