Q: What is a conservation easement?
A: Put simply, with a conservation easement a landowner voluntarily limits future uses on his or her land. The land protected by a conservation easement still belongs to the landowner, who is responsible for managing the property, controlling access and paying property taxes. The role of the conservation easement holder (Land Trust) is to ensure that the terms and conditions of the conservation easement are forever upheld.

Q: Do I still own the land held under a conservation easement?
A: Yes, the landowner retains ownership of the property and is responsible for its management.

Q: Does the public have access to my property?
A: No, the landowner retains the right to allow or restrict access to his/her property. However, the Land Trust that holds the easement requires access to monitor the property and ensure the terms of the easement are being met. Monitoring generally occurs once per year.

Q: Can I sell my land?
A: Yes, the landowner retains the right to sell or transfer his/her land. The conservation easement “runs with the land” and the new landowner is bound by the terms and conditions set in the easement.

Q: Can I subdivide my property?
A: The purpose of a conservation easement is to ensure the conservation values of a property remain intact. In some circumstances, however, limited subdivision that minimally impacts the conservation values may be considered by the Land Trust. The terms are tailored to suit the landowner’s needs, the Land Trust’s mission and the property.

Q: Can I construct additional structures?
A: Specifics regarding residential or agricultural construction will be negotiated between the landowner and Land Trust. These rights may be retained, but the conservation values of the property must remain intact.

Q: Can I harvest timber?
A: Generally, firewood can be collected, trees can be cut for post and poles, and diseased and dead trees can be removed. In order to harvest timber commercially or in conjunction with property management plans, terms may allow a harvest, but timber management plans are required.

Q: Can livestock graze my property?
A: Yes. However, terms may be negotiated to ensure that grazing does not degrade the natural resources.

Q: Can ranching and agricultural activities continue?
A: Generally, yes. However, terms may be negotiated to ensure the land’s conservation values protected by the easement remain intact.

Q: Can I continue to hunt and fish?
A: Yes, legal hunting, fishing and other recreational pursuits can continue.

Q: What are the benefits of conveying a conservation easement?
A: The benefits are many, including:

• It can significantly reduce federal and state income, estate and inheritance taxes.
• For Colorado taxpayers, it may entitle you to a Colorado State Income Tax Credit. These credits offset state income tax and if necessary, can be sold to another taxpayer; thereby helping a landowner realize cash benefits for donating a conservation easement. In years of a state surplus budget, all or a portion of the credits may be refunded directly from the state to the easement donor.
• It may qualify the landowner for a Federal income tax deduction determined by the value of the conservation easement. A donor may claim up to 30% of his/her adjusted gross income (AGI) for the year of the donation and 5 subsequent years.
• It ensures that the conserved landscape will remain available for future generations – protecting the land, wildlife and preserving a family legacy.
  
  
  

Circular 230 disclosure.
Pursuant to federal regulations ("Circular 230"), we are required to advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) this advice was written to support the promotion of the donation opportunities addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.