Protecting Our Land
The tool we most frequently use for permanently protecting special lands is an agreement between property owners and North Olympic Land Trust that is officially known as a conservation easement.
These legal, voluntary agreements allow the land to remain in private ownership while restricting certain future uses to protect the land’s conservation and other special values that contribute to the quality of life and economy of all who live in this area.
Conservation Easements…
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Are legal agreements between a landowner and a qualified conservation organization or government agency that permanently limits a property’s uses in order to protect its conservation values.
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Allow landowners to maintain ownership of the land, including the right to live on it, and the right to sell it or bequeath it to heirs.
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Do not allow public access unless the land owner permits it.
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Are tailored by the owners and attorneys to meet the unique needs of each land owner. One may wish to keep a farm in agriculture so the easement might permit farming but limit development to one or two homes instead of the number that zoning might permit now or in the future. Another landowner may wish to keep property in a completely natural state.
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Last forever! They “run with the land,” so its special qualities will be preserved forever, regardless of changes in ownership or ordinances.
Landowners may qualify for:
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Federal income tax deduction, especially for agreements in 2007
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State income tax credit
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Federal estate tax deduction and exclusion
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State property tax benefit
Steps for Interested Landowners:
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Contact North Olympic Land Trust.
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We will visit you, provide a packet of information, look at your property and talk with you about how it fits the Land Trust’s criteria for permanent protection.
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After the Land Trust’s visit, begin considering how you want to protect your land’s special qualities. You will want to involve your family members, attorney and other advisors as you consider what will be permitted and prohibited on your property.
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Once you have made the decision to proceed, the Land Trust will facilitate the technical and legal procedures that will permanently protect the land.
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The easement will be recorded at the county records office so all future owners and lenders will learn about the conditions when they obtain title reports.
North Olympic Land Trust’s Responsibilities:
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Takes on the permanent responsibility and legal right to uphold the terms of the conservation easement agreement.
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If a protected property changes ownership, the Land Trust educates new landowners on the agreements terms.
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Monitors the property on a regular basis – currently once a year – to make sure terms of the agreement are upheld.
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Resolves any problems if the agreement is being violated, including taking legal action if necessary.
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Maintains a Stewardship Endowment Fund to cover costs related to upholding the terms of the easement forever.
For more information about conservation easement agreements and some otheroptions for protecting special lands, you may want to visit the following websites:
Land Trust Alliance
Jefferson Land Trust
Trust For Public Land
Everyone can help protect special lands!
The important work of protecting our land is cost-effective, but it still is costly. The organization’s costs for day-to-day operations and other expenses certainly are more than individual landowners can cover, even though most of them donate their development rights, cover related expenses and contribute to the Stewardship Endowment Fund that is required for upholding agreements in perpetuity. Their voluntary agreements benefit us all, so we’ve created several special funds so everyone can help.
The organization maintains its Stewardship Endowment Fund so it can uphold agreements forever through regular monitoring and even legal defense if necessary.
Through our Landowner Assistance Fund, the Land Trust has been able to assist some willing land owners who need help with costs related to completing conservation easement agreements by raising money
Our Farmland Fund sets aside money to buy development rights on prime agricultural land as opportunities become available.
Our Operations Endowment Fund seeks to ensure the organization’s financial stability by building a fund large enough to support day-to-day essentials with its earnings.