Q. Will the public have access to my property if it carries a conservation easement?
A. No, not unless you stipulate public access in your easement. However, grants that reimburse donors for the expense of conservation easements sometimes require the property to be accessible to the public.

Q. If I put a conservation easement on my property, may I still hunt there?
A. Yes. The only restrictions imposed by a conservation easement are those agreed on by you and by us. We advise against a hunting ban because it could seriously affect the future marketability of the property.

Q. Is farming allowed on conservation easement property?
A. Yes and no. Some conservation easements allow farming, some prevent it. As a landowner who wishes to develop a conservation easement, you determine how you want your property used and what activities you wish to exclude. Wisconsin recently adopted a farmland preservation policy through which farmers in critical areas of the state can apply for state funds to assist with farmland conservation easements.

Q. Is logging allowed on conservation easement property?
A. Yes, unless the easement explicitly prevents it. Some of our easements cover property that is enrolled in Forest Crop Law. Some of our conservation easements do place conservation-oriented restrictions on the type and extent of logging, and a few prevent it entirely. As is the case with any other restrictions, the forest management terms of an easement are arrived at by mutual agreement between us and the easement donor.

Q. Can I have a house on property that is protected by a conservation easement?
A. Yes, but only if there is language in the easement to allow it. Provision must be made in a new easement for existing dwellings, and the option for future buildings must be specified. We are normally reluctant to accept easements that allow any future subdivision of the property, so multiple residences are discouraged.

Q. If NCCT holds the conservation easement, will NCCT manage the property?
A. No. Our role is only to monitor and enforce the terms of the conservation easement. All other property decisions remain with the landowner, with no restrictions other than those set forth in the easement and of course those established by law.

Q. Who enforces the conditions of my easement?
A. Enforcement of the easement is our responsibility. We monitor the property at least annually to verify that the easement terms are being observed. If they are not, we do what needs to be done to remedy the situation, taking legal action as a last resort.

Q. What would happen if defending an easement exceeded NCCT’s resources?
A. Insurance carried through the national Land Trust Alliance notably increases our capacity to defend the easements we hold.

Q. Can I sell my land if I have a conservation easement? Does the easement stay in effect afterwards?
A. Yes. The easement places no restrictions on sale or transfer of the property to another owner. But as is the case with all other easements, the conservation easement continues to be part of the deed and its conditions continue to apply, regardless of owner.

Q. Can I ever modify my conservation easement?
A. Probably not. We would support modification of an easement we hold only in the cases of an error in the easement or unforeseen circumstances that compromise the conservation intent. We make every effort to draft an easement that will stand forever. No responsible land trust will amend a conservation easement in a manner that reduces its conservation values.

Q. Once filed, can a conservation easement be removed from part or all of the property?
A. Almost never. There is one exception: an easement may be dissolved if a government body implements eminent domain to acquire part or all of a property. Of course, we would resist that.

Q. How does a conservation easement affect the value of my land?
A. The conservation easement increases the conservation value of the property forever, but it also prevents subdivision and commercial development. This can be expected to reduce the assessed value of the property and also affect its potential selling price.

Q. Are there financial advantages to doing a conservation easement?
A. Yes and no. Tax benefits frequently exceed the donation involved in placing a conservation easement on the property. But those benefits occur because there has been a reduction in assessed property value resulting from the development restrictions imposed by the easement.

Q. Will my property taxes be reduced by a conservation easement?
A. Yes, if your property assessor agrees that the commercial value of the property has decreased. Wisconsin law requires that the effect of conservation easements on property value be considered during assessment, but the actual decision is made by the local tax assessor.

Q. What does it cost to attach a conservation easement to a property?
A. The expense of developing an easement is determined by the size, location, and complexity of the easement. Complexity includes options to divide a property, areas within the property to which the easement will not apply, and management restrictions that demand more careful monitoring. The total cost, excluding any review by your own attorney, generally runs from $6500 for simple easements on smaller properties to $10,000 on large properties with complex easements. All costs are treated as donations to NCCT and are considered charitable gifts by the IRS because putting an easement on your property protects the conservation values, a gift to the public.

Q. How do I create an easement?
A. If you are interested in an easement, please contact NCCT. Someone will either visit the property at your convenience, or research it from databases available online. If we feel an easement is something we can do (this also means enforcing the easement in perpetuity), we will let you know by letter, at which time we will request a $500 donation to cover our expenses and to indicate you are serious about proceeding. When the easement is completed to our and your satisfaction, we will schedule a signing at some convenient location. At that time we will request a donation to endow your easement, to cover any future litigation or enforcement costs that might arise. Depending on the size of your property and the complexity of the easement, the endowment can range from $5000 to $10,000. Additionally, there are legal fees and filing costs that are generally no more than $1000. All costs and donations may be used to adjust taxable income as allowed by law, so check with your tax accountant or attorney. If your land is in Portage County, there may be support from the Land Preservation Fund of up to $3000 to support the easement endowment.

Q. Why are conservation easements so expensive?
A. NCCT’s expenses for an easement include drafting the easement, having it checked by our attorney, and documenting the conservation condition of the property at the time of the easement. There is also a small fee for filing the easement with the appropriate government body. But the greatest costs lie in the future: monitoring the easement requirements forever, and defending the easement in court should the need arise. Our easements would be much more expensive if it were not for the work of our many volunteers.

Q. Does NCCT cover the expenses of creating an easement?
A. Not usually. Our ability to hold and defend conservation easements for most properties depends on contributions from the landowner. We do have a modest endowment that enables us to cover conservation easement costs for property that we actively seek out because of very special conservation value.

Q. Are donations to NCCT that make it possible for us to cover conservation easement expenses tax deductible?
A. Yes, subject, of course, to IRS review. NCCT is a publicly supported tax-exempt non-profit 501(c)3 organization qualified to hold conservation easements and accept charitable donations, including the costs of applying a conservation easement to a property.

Q. Are there ways to defray the expenses of a conservation easement?
A. Some properties may qualify for county or state assistance in meeting the cost, and NCCT will help with relevant applications. Many property owners find that federal tax deductions and property tax reductions ultimately exceed the initial cost of the easement.

Q. What if my property consists of several parcels? Can I create one easement to cover them all?
A. Yes, as long as the easement terms are the same for all parcels. If the parcels are widely separated, though, our easement costs will be greater to cover the increased expense of monitoring. In addition, there is a somewhat greater likelihood of easement violations that would require legal action.

Q. Are state and local governments supportive of conservation easements?
A. Usually. Most counties have plans to protect open land and scenic values. A few assist with the cost of developing conservation easements. The state places a high priority on protection of vulnerable wetlands, lakeshores, and other natural resources, and in 2009 approved a policy to assist with protection of farmland in rural areas which are under pressure from urban sprawl and development.

Q. What is the minimum acreage NCCT will consider for an easement?
A. While NCCT has no minimum acreage requirement, smaller properties (under 20 acres) are less likely to be accepted.

Back To Top