Conservation Easements: What, Why, How?
The Forest Society of Maine works with private landowners to find conservation solutions that honor the landowners’ wishes to keep their forestlands economically productive while safeguarding their ecological, recreational, and other traditional values. Our primary strategy in achieving this mission is the use of conservation easements.
What is a conservation easement?
A conservation easement is a voluntary, legally binding agreement between a landowner and a land trust, state agency, or other qualified entity, through which certain rights to the property are permanently transferred. Most commonly, these are development rights, but easements can also be designed to protect many other values of land: ecological, recreational, scenic, or historic. The landowner retains ownership of the land and of all rights not transferred, and continues use of the property as productive forestland, farmland, or home. FSM works with landowners to determine which values will be protected and what uses the landowner wishes to be continued on the property, and drafts an easement reflecting these choices. Our emphasis is on easements that protect special natural features (such as lakes, rivers, mountains, and wildlife habitat) and public recreational opportunities, and that emphasize exemplary forest management practices and long-term stewardship.
How does a conservation easement work?
Easements can either be donated or sold by the landowner. They are recorded in the registry of deeds, and must be honored by all future landowners.
The terms of an easement (such as prohibition of development) must be monitored regularly to ensure adherence. Monitoring is often carried out by the easement holder, but is sometimes monitored by a different entity. For example, the Nicatous Lake easement is held by the state of Maine and monitored by FSM under a contract. Monitoring is most successful when there is active, ongoing communication between landowner, easement holder, and monitor.
Why conservation easements?
The Forest Society of Maine believes that easements are the most powerful tool available for conserving Maine’s millions of acres of forestlands because of the flexibility and control that easements can offer landowners. Following a long history of private forestland ownership, Maine remains 90% forested and features exemplary natural communities and wildlife habitat, and world-class recreational opportunities. In the spirit of this tradition, FSM is committed to helping forestland owners to conserve their working forests and define allowable future uses of their land. If you are a Maine landowner with an interest in developing a conservation easement for your property, we encourage you to contact the Forest Society of Maine.
