Common Conservation Easement Restrictions
Below are elements commonly included in open space or conservation easements, although each easement is different because of the unique conservation values of each property.
Common General Restrictions for Easements:
- Listing of the conservation values of the property that will be protected in perpetuity.
- Limitations on the number of parcel divisions allowable.
- Restrictions on the number and size of buildings and structures, and limitations on the locations of new buildings and structures.
- Limiting impervious surfaces to a small percentage (commonly 1 percent) of the area of the property.
- Restricting the location, number, or size of new roads.
- Restricting utility placement.
- Prohibiting surface and subsurface mining.
- Requiring vegetated riparian buffers along perennial water bodies, shorelines and wetlands (often these will be at least 35-feet wide). Some easements may require wider buffers and buffers on intermittent water bodies to better protect water resources.
Within buffers, many easements:- Prohibit new development and the expansion of existing development.
- Prohibit soil-disturbing activities and dumping.
- Require a buffer of vegetative cover that includes, but is not limited to, forest, shrubs, or warm-season grasses. There may be a provision that states that lawns or grazed pastures do not constitute vegetative cover, but that the buffer area may be mowed or hayed up to three times in one calendar year.
- Exclude livestock.
Common Easement Restrictions to Protect Agricultural Resources:
- List agricultural activities that are permitted on the property, any that are not permitted, and any that require prior grantor approval.
- Place limits on the size, number, and location of agricultural buildings and structures, in order to protect conservation values.
- Require an agricultural conservation plan. These written agricultural conservation plans stipulate the use of best management practices for water quality protection (such as proper nutrient management, utilization of cover crops, and stabilization of highly erodible lands). Plans are developed in consultation with the local Soil and Water Conservation District or the Natural Resources Conservation Service representative and should be periodically updated.
Common Easement Restrictions to Protect Forestry Resources:
- List forestry activities that are permitted on the property, any that are not permitted, and any that require prior grantor approval.
- If the property contains 20 acres or more of forest lands, the easement may require the landowner to have a current written forest management plan or Virginia Forest Stewardship Plan in place prior to the commencement of timber harvesting or other significant forest management activities. Forest management plans usually include a provision that all forest management and harvesting activities be developed by, or in consultation with, the Virginia Department of Forestry, or be consistent with Virginia’s Forestry Best Management Practices for Water Quality Guide.
Common Easement Restrictions to Protect Natural Heritage Resources:
- Placing restrictions to protect the identified natural heritage resources. This may include:
- Creating a natural heritage zone on the property, in which development is further limited.
- Limiting tree removal, mowing, and/or pruning to protect habitat.
- Limiting development to certain times of year, when the relevant species are less likely to be impacted.
Common Easement Elements to Protect Historic Resources:
- Placing restrictions to protect the identified historic resources. This may include:
- Prohibiting construction of new buildings or structures.
- Prohibiting alteration, willful destruction, or removal of historic buildings or structures.
- Requiring grantee approval before maintenance or repair of historic structures and buildings.
- Requiring that new structures on the property adhere to certain design guidelines, to maintain the property’s historic nature.
- Requiring archaeological surveys prior to any earth disturbing activities on the property.
Common Easement Restrictions to Protect Outdoor Recreational Resources:
- Listing what recreational uses are allowed on the property.
- Clarifying the level of public access required by the easement.
- Placing restrictions to protect the identified recreational resources. This may include:
- Requiring maintenance of certain recreational features, such as trails.
- Limiting development in certain areas, in order to maintain opportunities for nature-based recreation.
- Prohibiting commercial recreation.
- Requiring reasonable public access.
Common Easement Restrictions to Scenic Open Space Resources:
- Placing restrictions to protect the identified scenic resources. This may include:
- Requiring development setbacks from the designated scenic resource (scenic highway, byway, river, etc.).
- Limiting the height of buildings and structures on the property
- Requiring that new rooftops or other structures on the property be non-reflective or of a neutral color, so as not to detract from the scenic surroundings.