To protect the Premises from future development, and to conserve and maintain the unique characteristics of the Premises substantially in its present scenic and open space condition. To conserve soil productivity, to preserve biological diversity, native flora and fauna, and the environments' natural habitats, and ecological processes which support them; and To preserve the Premises for the scenic enjoyment and the low-impact, non-commercial, outdoor recreational use of the general public for such activities as hiking, wildlife observation, cross-country skiing, fishing and hunting; and To prevent any use or activity on the Premises which would be detrimental to drainage, flood control, water conservation, water quality, and erosion control, or that would or has the potential to impair or interfere with the unique and significant qualities of public benefit and the conservation and preservation values of the property.
New Hampshire LCHIP Model Conservation Easement for Scenic and Ecological Preservation and Damage Control
State:
New Hampshire
Control #:
NH-EAS-1
Format:
Word;
Rich Text
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Under IRS rules, a conservation easement must achieve at least one of the following purposes: preservation of land for outdoor recreation or education of the general public; preservation of natural habitat for fish, wildlife, or plants; preservation of open space, including farmland or forest; or preservation of a
Conserve at least 25 percent of open space in each community. Protect sustainably-managed forests to support our forest-based economy. Secure key habitats to preserve the biodiversity of our native plants and animals. Keep our waters clean to ensure we all have enough clean drinking water.
Conservation easements protect land from future exploitation such as surface mining, toxic waste dumping, or subdivision for residential or commercial activities. Under a conservation easement, the landowner retains ownership and use of the land, as well as the right to decide which activities will be allowed.
Decide on your vision. Think about your wishes, needs and objectives for your land. Check out potential partners. Contact land trusts and government agencies that work to assist landowners in your community who are interested in conservation. Get checked out. Take the plunge. Build your partnership.
The most common way to protect land is by conservation easement. A conservation easement (also known as a conservation restriction or conservation agreement) is a voluntary, legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its
The value of the donation of a conservation easement is considered a charitable deduction for income tax purposes. The deduction is up to 50% of the donor's charitable contribution base (adjusted gross income, less net operating loss carryback) for the taxable year.
An agricultural conservation easement is a voluntary, legally recorded deed restriction that is placed on a specific property used for agricultural production.Because the easement is a restriction on the deed of the property, the easement remains in effect even when the land changes ownership.
Conservation easements are a great idea, in theory. Here's the way they work. Basically, if you are willing to donate your property for the public good, and that donation reduces the value of your property, you get to take a tax deduction equal to the reduction in the value of your property.
The easement places limits on land use to help conserve the property's features. With an easement, the landowner still owns the land and can continues to live on and use it, restrict public access to it, and sell, give or pass the property on to whomever they wish.