Conservation Easement Authority
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Who are the Easement Authority Members? Click here!
What is the Conservation Easement program?
The Conservation Easement Program is designed to provide an option for landowners to protect family farms in Clarke County and their unique natural and cultural resources. It represents an opportunity for landowners to voluntarily donate or sell a conservation easement to a public authority to be held in trust for perpetuity. In turn, the landowner will receive monetary compensation either though direct payment from the Authority or by selling the tax credits generated by the easement donation. The amount of compensation is based on the difference between the value of the property prior to the easement and the value of the property after the easement. The difference in value reflects the land’s value as protected open space (such as farmland, forest land or rural use) versus the "highest and best" use (often residential development).
What is a conservation easement?
A conservation easement is a voluntary agreement negotiated between a landowner and a public agency or charitable conservation organization in which the landowner agrees to place specific restrictions on the use and development of their property. Since it is a voluntary agreement, the landowners retain ownership of the land and can tailor the easement to meet their specific goals and vision for the property. To be eligible for various income and estate tax benefits, however, the easement must meet a minimum standard of protection to be a "qualified conservation contribution". By promoting a land ethic and responsible stewardship of the property, an easement provides a lasting benefit to the public through the protection of open space, scenic beauty, wildlife habitats, and air and water quality.
Who can apply?
Any landowner whose land meets a minimum score under the property evaluation criteria is eligible.
Who will hold the easement?
The County Board of Supervisors, the County Conservation Easement Authority and one or more other public or nonprofit entities such as the U.S. Department of Agriculture, the Virginia Outdoors Foundation, or the Piedmont Environmental Council.
How are properties chosen?
In general properties are scored using the property resource scoring system (link to Property Resources Score.pdf). Depending on whether the easement is a donation or purchase, different criteria apply. Please refer to these documents for a detailed summary of the donation (final program outline donation.pdf) or purchase (final program outline purchase.pdf) process.
Does an easement give the public access?
No. Since landowners retain title to their property, they retain the quiet and private use and enjoyment of it.
How do citizens benefit from this program?
There is an increasing recognition that farm and forest land, clean water and air, diverse wildlife habitats, scenic vistas and rural character have public as well as private value. The Easement Purchase Program provides a means for attaining a balance between landowner’s rights and responsibilities and the public value of rural land. The Easement Purchase Program supports the goals of the Comprehensive Plan by adding an additional tool to protect the County’s natural, scenic, cultural and historical resources, promoting a stable, sustainable and vital agricultural and forestry base, and protecting the County’s surface and groundwater supplies.
Who administers the Easement Purchase program?
The program is housed within the Clarke County Planning Department and managed by the Natural Resource Planner who works under the direction of the seven-member Conservation Easement Authority to promote and oversee the program.
When can I make application to the Easement Purchase program?
Applications maybe submitted at anytime.
Easement Map
Updated May 15, 2012
Quarterly Newsletters
In 2006 the Easement Authority started publishing quarterly newsletters to keep citizens informed as to the Authority's activities. The general format includes summaries of easement holdings, interviews with persons who have placed their property in easement, and information about Conservation Easements. Below is a short synopsis of each publication. Please click on the date to view the complete newsletter.
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2010 |
- summary of fiscal impact study (complete study) |
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- Public Response to DUR Purchase Program |
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Encourage citizens to consider placing their land in easement |
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- Recap of Photo Contest |
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2009 |
- Summary of 2009 Easement acquisitions |
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- Donor reception recap |
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- Easement Purchase for Holy Cross Abbey |
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- Summary of 2008 Easement acquisitions |
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2008 |
- Joe Sipes Easement Donation |
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- 3rd Annual Donor Thank You Reception |
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- Russel Easement Purchase |
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- Kohn Easement Donation |
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2007 |
- The First 5 Years - summary of activities |
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- Easement donation update |
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- Summary of 2006 Easement acquisitions |
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2006 |
- Inaugural Issue |
Another beautiful evening!
That's what donors had to say about the picture perfect weather, Authority Chair, Wingate "Winkie" Mackay-Smith and her husband delivered for the Authority's Donor "Thank You" Reception in June. This is the fifth reception they've hosted at their White Post farm. Also catching donors' attention was the progress report Winkie provided on Authority accomplishments since the 2010 reception. Highlights include easement holdings now reaching 4,000 acres.
Click Here to View Photos of Reception
One Application - Three Options
Donation: If your income is such that you pay taxes, consider an easement donation. There are tax benefits at the local, state and federal level. Over 40 property owners - who did not want to see the land they love lost or destroyed by development - have put there land in permanent conservation easement via donation through the Authority since its founding in late 2002. For more info on this option - Steps to Easement Donation
Purchase - Option A:You have limited income and own a working farm of a minimum of 30 acres that possesses "prime soils" )based on Natural Resource Conservation Service Criteria). If so, you may quality for an easement purchase with funds drawn from the Federal Farm and Ranchland Protection Program. The purchase offer is based on an appraisal that includes the location and size of the property, number of Dwelling Unit Rights, and resource conservation values such as streams or rivers, wildlife and woodland. Last year the county used Farm and Ranchland funds to purchase easements on three properties. The purchases ranged from $93,000 to retire one DUR on 43 acres to $715,000 to retire five DUR's on 204 acres. For more Info on this option - Steps to Easement Purchase w/ Appraisal
Purchase Option B:If you have building rights (DURs) to retire, the Authority may be willing to purchase them - for as much as $40,000 per DUR - the funding coming jointly from the Virginia Department of Agriculture and Consumer Services and the county. Once again the price will be determined by a combination of income level and the conservation value of your land. In addition , you may qualify for state tax credits as well as federal and state tax deductions through this program. Eight easements have been recorded using this option. Property sizes ranged from ten to 133 acres. The smallest payment was $25,000 for one DUR; the largest. $240,000 for six DURs. For more Info on this option - Steps to Easement Purchase - DUR option
For additional information on the CEA program, click on the following selections:
- Application Form
- Property Resources Score Sheet
- Determination of Conservation Easement Value
- Sample Deed of Easement
- List of Appraisers
- The First Five Years - Clarke County Conservation Easement Authority - 2002-2007
The documents on this page are presented in Adobe Acrobat Format (pdf).
If you do not have the Adobe Acrobat Reader please click on the link below to obtain a free one.
For information regarding how the Clarke County Easement Authority was established and is governed click on the following selections:
- 1. Articles of Incorporation (12 KB .pdf)
- 2. Purpose (21 KB .pdf)
- 3. Bylaws (66 KB .pdf)
The documents on this page are presented in Adobe Acrobat Format (pdf).
If you do not have the Adobe Acrobat Reader please click on the link below to obtain a free one.
Make A Charitable Contribution
Please read and complete the following to make a charitable contribution to the Conservation Easement Authority. We currently offer two options for donating.
1) Download Form and Mail in:
Charitable Contribution Form (12 KB .pdf)
2) Make A Charitable Donation Online:
The documents on this page are presented in Adobe Acrobat Format (pdf).
If you do not have the Adobe Acrobat Reader please click on the link below to obtain a free one.
As stated in the 2000 Chesapeake Bay Agreement:
"The Chesapeake Bay is North America's largest and most biologically diverse estuary, home to more than 3,600 species of plants, fish and animals. For more than 300 years, the Bay and its tributaries have sustained the region's economy and defined its traditions and culture. It is a resource of extraordinary productivity, worthy of the highest levels of protection and restoration.
Accordingly, in 1983 and 1987, the states of Virginia, Maryland, Pennsylvania, the District of Columbia, the Chesapeake Bay Commission and the U.S. Environmental Protection Agency, representing the federal government, signed historic agreements that established the Chesapeake Bay Program partnership to protect and restore the Chesapeake Bay's ecosystem."
To see the agreements and other information Click Here.
Part of this important document requires that each Partner agree to permanently preserve from development 20 % of the land area in the watershed by 2010. At the end of 2009, the Virginia Secretary of Natural Resources stated that Virginia has added more than 400,000 acres to meet the permanent protection of 20% of the land in the Bay watershed. Maryland and Pennsylvania have met the 20% commitment and Virginia has until 2010 to meet this written obligation from the 2000 Chesapeake Bay Agreement.
Clarke County is committed to do its part to help the Commonwealth achieve this goal. To date, 20,133 acres (18%) (see map below) of the County is held in permanent easement by several land trust organizations including the Virginia Outdoors Foundation, Department of Historic Resources, and the Clarke County Easement Authority.
Landowners in Clarke County are the key to success in efforts to protect open space and water quality by limiting future development. Please review the information included in this web site or call Alison Teetor (540) 955-5134 at the Clarke County Planning office to learn more about conservation easements.
The Chesapeake Bay Program, Local Government Advisory Committee, and the Alliance for the Chesapeake Bay have provided funding for construction and development of this web site. Please visit their websites http://www.chesapeakebay.net/land.htm or http://www.acb-online.org for more information about the Chesapeake Bay and land conservation.
Useful Links
- Piedmont Environmental Council - Home Page
- Piedmont Environmental Council - Tax Credit Information
- Virginia Outdoors Foundation - Home Page
- Chesapeake Bay Alliance - Home Page
- Land Trust of Virginia - Home Page
The documents on this page are presented in Adobe Acrobat Format (pdf).
If you do not have the Adobe Acrobat Reader please click on the link below to obtain a free one.