Wyoming Environmental Restriction Easement (ERE) is a legal agreement that seeks to protect and conserve the natural environmental resources of Wyoming. This easement places limitations on land use activities to ensure the preservation of sensitive and ecologically significant areas. ERE is designed to safeguard critical habitats, native plants, wildlife species, water bodies, and landscapes from potential adverse effects caused by human activities. It promotes sustainable land management practices while allowing for responsible use and enjoyment of the land. There are several types of Wyoming Environmental Restriction Easements, including: 1. Conservation Easements: This type of easement involves voluntarily limiting development and land use activities to preserve the natural, agricultural, scenic, or cultural values of a property. It is often used to protect open spaces, wildlife habitats, or historic sites. 2. Riparian Easements: These easements are specifically focused on the conservation and restoration of riparian areas and their associated water bodies, such as streams, rivers, and wetlands. They aim to maintain water quality, prevent erosion, protect aquatic habitats, and sustain biodiversity. 3. View shed Easements: View shed easements are utilized to protect scenic vistas and visually significant landscapes from visual pollution, such as inappropriate building developments or other activities that could degrade the natural beauty and cultural heritage of an area. 4. Watershed Easements: These easements focus on preserving the quality and integrity of watersheds, which are critical for clean drinking water, aquatic ecosystems, and overall ecological health. Watershed easements may involve restrictions on development, logging, mining, or other activities that could harm the watershed's functionality. 5. Agriculture Easements: These easements are specifically tailored to protect agricultural lands from conversion to non-agricultural uses. They encourage sustainable farming practices, preserve traditional ranching or farming heritage, and promote the long-term viability of local food production. 6. Wetland Easements: Wetland easements aim to safeguard wetland ecosystems and their associated plant and animal species. They often prohibit activities such as draining, filling, or altering wetlands that could lead to a loss of biodiversity, water filtration capabilities, or flood control functions. It is important to note that the specific terms and conditions of each Wyoming Environmental Restriction Easement may vary depending on the goals, objectives, and regulations established by different land trusts, conservation organizations, or government entities.
Wyoming Environmental Restriction Easement
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FAQ
The income tax credit is equal to twenty-five percent of the amount of a charitable deduction resulting from the donation of a conservation easement. The twenty-five percent credit is subject to several caps. First, the credit may not exceed $250 per acre.
Conservation easements are a valuable tool to protect critical lands within, adjoining, or near public lands in Wyoming. A conservation easement is a legal agreement between a landowner and an eligible easement holder that restricts future activities on the land to protect its conservation values.
Form 8283, Noncash Charitable Contributions, which must be filed by individual taxpayers who claim itemized deductions for donations of easements.
In general, only the transfer of a perpetual easement is treated as a sale of property and eligible for capital gain or loss treatment. Grants or sales of limited easements are usually not treated as taxable sales of property.
Section 170(h): Of a qualified real property interest, To a qualified organization, Exclusively for conservation purposes. A restriction (granted in perpetuity) on the use which may be made of the real property.
An easement is considered a capital asset, and so when it is sold, it is treated as a capital gain to the extent that the proceeds exceed the basis in the property.