Patuxent Reservoirs Conservation Initiative

The Patuxent Reservoirs Conservation Initiative
Conservation Easement Guide

The conservation easement has been widely used by landowners in Maryland, but some confusion remains about what a conservation easement really is. In light of this, the Maryland Environmental Trust (MET) has prepared this Guide to help property owners work through the various aspects of a Deed of Conservation Easement.

What is a conservation easement?

A conservation easement is a legal agreement between a landowner and a land trust (like MET), which restricts the future uses of the landowner’s property. It is binding on all future owners of the property. An easement often specifies such things as the amount of subdivision that is allowed on a property, or the number of houses that may be built. It does not grant public access to a property unless the landowner specifically wishes to allow it.

What are some of the benefits of Conservation Easements?

Through a conservation easement, landowners can protect their property from development for future generations: for example, they can ensure that an agricultural property will remain a farm, that an historic estate will remain untouched by subdivision, or that a stream will remain forever wild. Additionally, landowners can be eligible for cash payments for their easement, or for tax deductions and credits if the easement is donated.

What is the process?

Establishing a conservation easement is a straightforward process; MET completes a baseline inventory of the property to record the agricultural, scenic, historical, and wildlife values the easement will protect. The terms of the easement are then negotiated and the proposal is approved by the MET Board of Trustees and the Maryland Board of Public Works. Finally, a settlement is scheduled, the document is signed, and the easement is recorded in the Land Records office.

What is in the easement?

The following is an introduction to the substance of the easement. Roman numerals and letters, on the following page, correspond to paragraphs in the MET Model Easement. Please note the narrative does not cover every paragraph.

“WHEREAS” CLAUSES

These clauses introduce the conservation easement. They spell out who the parties to the easement are, describe the property which will be subject to the easement, and state the purposes of the easement. Note that the landowner is the Grantor (person giving the easement) and MET is the Grantee (organization receiving the easement).

DURATION OF EASEMENT (Article I)

The easement is of perpetual duration. In other words, every provision of the easement must apply to the land forever and bind future owners, heirs, and their agents.

PROHIBITED AND RESTRICTED ACTIVITIES (Article II)

Private property ownership includes a number of rights. By granting a conservation easement, a landowner agrees to give up some of those rights. The following list describes some of the rights that landowners would choose to give up in order to participate in the Patuxent Reservoirs Conservation Initiative.

Activities (II.A.)

Other than residential and private recreational uses, no activities are not allowed under a conservation easement. However, landowners may conduct small-scale commercial activities inside residences (for example a home office or a day care).

Signs (II.B.)

MET’s conservation easement protects the scenic character of a property by only allowing signs for limited purposes. These include advertising the sale of goods and services produced on the property, historical information, and protection by state or local environmental laws.

Trash (II. C.)

Easements prohibit the dumping or accumulation of trash on the property.

Excavation (II.D.)

Under the conservation easement, the landowner can only excavate for erosion and flood control measures, maintenance and wildlife habitat.

Wetlands (II.E.)

The destruction of wetlands is not permitted.

Timber Harvesting (II.F.)

The easement will prohibit tree cutting on part or all of their property, with exceptions for dead or diseased trees, firewood, trees that threaten any structure, maintenance, and thinning to promote old growth conditions.

Structures (II.G.)

The number of residential buildings will be restricted to the existing residence(s) and their size(s) shall be restricted;
The conservation easement also allows for the construction of structures to serve a home (such as a garage or swimming pool). Typically, all structures may be maintained, expanded, or replaced. There may be limitations on the location of accessory structures.

Subdivision (II.H.)

The number of parcels will be restricted to the existing lot(s); If more than one parcel exists, MET will also include a provision to convey the area under easement as a single parcel.

Vegetative Buffer (II.I.)

If a property has a river or creek on it, a conservation easement will require that grass, shrubs or trees act as a vegetative buffer strip to protect the body of water. The strip is to be 100 feet wide (with some exceptions) and not disturbed in any way. Manure, compost, pesticides, herbicides and fertilizers are not to be applied in this area.

Conservation Practices (II.K. and II. L.)

The landowner pledges general good resource management and stewardship of the property.

ENFORCEMENT AND REMEDIES (Article III)

One of the major responsibilities of the organization which accepts a conservation easement is to make sure the terms of the easement are being followed by all future landowners. MET monitors the easements it holds primarily by inspecting the property on a regular basis. Landowners always receive advance notice of a visit and interiors of buildings are not monitored. If we discover the terms of the easement are not being followed, the landowner is asked to correct the problem. If the problem is still not corrected, MET has the right to enforce the easement through the legal system.

PUBLIC ACCESS (Article IV)

An easement does not grant public access to a property unless the landowner specifically wishes to allow it. The land remains in private ownership.

MISCELLANEOUS (Article VI)

Transfer of the Easement (VI.A.)

In the unlikely event that MET ceases to exist, provision is made to transfer the easement to another qualified conservation organization.

Transfer of the Property (VI.B.)

Landowners are completely free to sell, mortgage, or otherwise transfer their ownership interest in the property. The conservation easement, however, will stay on the property and restrict future owners. MET requires notice before the property is transferred in order to keep our records up to-date.

Termination and Eminent Domain (VI.D.2 and 3)

In either of the unlikely events that as an MET easement is terminated or taken for public use under the use of Eminent Domain (these have never occurred), provisions are made in the easement.

CONCLUSION

This document provides a general explanation of how conservation easements work and is only a guide. The conservation easement that is signed and recorded in the land records is the binding agreement.
The Patuxent Reservoirs Conservation Initiative thanks you for your interest in protecting Maryland’s farms, forests, and open spaces. Please call Adam Block with any questions you might have at 1-877-514-7900 (toll-free), or contact him at The Maryland Environmental Trust, 100 Community Place, First Floor, Crownsville, Maryland 21032.