CONSERVATION EASEMENTS
Ownership of a piece of property may best be described as
a "bundle of rights." These rights include the right to occupy, use,
lease, sell, and develop the land. An easement involves the exchange of
one or more of these rights from the landowner to someone who does not own the
land. In the case of conservation easements held by the Delaware SWCD, the
developer of the land deeds the easement to the SWCD. Easements have been
used for years to provide governments, utilities, and extractive industries with
certain rights regarding the land for specified pursposes while the owner ship
of the land remains with the private property owner.
Conservation easement holding entities like the Delaware
SWCD have protected millions of acres of land all across the country. The
Delaware SWCD began its program in 2007 making it one of the first Conservation
Districts in Ohio to hold conservation easements within subdivision development
areas.
Today's pressures from encroaching development and urban
sprawl have sparked a growing concern over the loss of farmland, green space,
and natural resources. The conservation easement is but one tool
conscientious developers, landowners, government, and other conservation
organizations can use to protect and preserve sensitive natural areas.
To qualify for a conservation easement, the land must
have some conservation or preservation value. Obvious examples would
include land that harbors rare species of plant or animal life, or land
bordering an existing park or preserve. Less obvious examples might
include a wooded ravine, land that provides wildlife access to a natural
waterway, or a small wetland area that helps filter the water flowing into a
lake or river.
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Property covered by a conservation easement is still
privately-owned land, with the only restrictions on the land use being those
agreed upon by the developer and easement holder at the time the subdivision
is platted.
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Private property owners maintain all responsibilities
of a landowner unless otherwise stipulated in the conservation easement deed
agreement.
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Private property owner retain rights to privacy
giving access only to the easement holder for inspection and enforcement
purposes.
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Easements do not
require the private property owner to provide public access.
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Camping, fishing, hiking, and hunting are allowed
with landowner permission where local ordinances allow.
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Conservation easements provide vegetated buffer zones
that filter pollutants from runoff.
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Conservation easements protect natural wetlands that
store runoff and filter pollutants.
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Conservation easements keep wildlife habitat in and
along ravines and stream channels.
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Conservation easements provide passive recreational
opportunities for property owners.
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Conservation easements add to the community's
greenspace.
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Establishing baseline easement documentation
including enforceable deed language, maps, property descriptions and
baseline documentation of the property's characteristics.
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Monitoring the use of the land on a regular basis via
onsite visits to the property to ensure that the easement restrictions are
being upheld.
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Providing information and background data regarding
the easement to property owners.
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Enforcing the restrictions of the easement through
the legal system if necessary.
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Maintaining property/easement related records.
MILT LINK
Delaware SWCD
(740) 368-1921
