Landowner Information
Protecting Your Land
As active managers, landowners oversee the use of their land. Most value their land, its beauty through the seasons, the birds and other wildlife that share it, and direct and indirect benefits it provides. Many hope to protect those values long after their tenure on the land has passed and others have assumed stewardship. The tools for doing so are limited.
Gifting to the state or an organization
that will protect the land
Options once were many. Land could be donated to organizations such as The Nature Conservancy, colleges or universities, or put in public trust by gifting it to local government or the state. These public and non-profit organizations are less interested in such gifts than once was the case, primarily because of liability and management costs. Acceptance of land gifts is often without promise of long-term ownership and many will accept no restraint on sale of the property. The exception is where the land can become part of long term land acquisition plans such as expansion of state or local parks, research or teaching facilities, or protection of high priority watersheds or aquifers. North Central Conservancy Trust welcomes offers of property and will evaluate whether they fit well with our mission to protect the rural and scenic environment of central Wisconsin. Alternatively, we will sell the property with a conservation easement to ensure that the wishes of the donor are honored (see "Conservation Easements" below). Regardless, a gift of property to a non-profit organization or public entity may have important tax advantages to the donor .
Conservation Easements
Often owners wish to pass their property to heirs, but want to ensure future protection of the land. Conservation easements provide an attractive instrument for doing so. An easement is a legal restriction on the property that is attached to the deed. Restrictions may be no more than preventing the property from being subdivided or developed, but usually restrict other kinds of activities as well. These restrictions are up to the donor. Easements can be used to protect farmland, managed forests, and similar land as well as land with vulnerable natural resources. The trust is invested with a non-profit organization that is dedicated to hold the easement and enforce the conditions contained therein. In central Wisconsin, the North Central Conservancy Trust is the organization whose mission is to assist landowners with the development of their easement and provide permanent protection as outlined in the provisions. Donors of easements usually endow the easement to cover future potential costs associated with annual monitoring and legal expenses if the Trust finds it necessary to litigate enforcement., although depending on the location, funds or grants sometimes offset some of the costs and endowment. Landowners interested in exploring an easement should contact North Central Conservancy Trust.
Guidelines for Qualification for an NCCT Conservation Easement
Any land within out eight-county service area is potentially suitable for a conservation easement. However, there are many considerations that determine how high a priority the property may be for an easement. Completion of conservation easements not only require dozens of hours of work by our volunteers, but also once completed, obligate NCCT to monitor and enforce easements in perpetuity. Thus, we must exercise some caution and judgment in deciding which properties are most important to our mission.
Highest priority is given to larger acreages that contain special natural features such as undeveloped lake or stream shores, wetlands, rare native species, or concentrations of native diversity. We look more favorably on lands adjacent to or near other lands protected by easements or public ownership. We also favor land, including farmland, that is critical to protection of watersheds. Land that contributes to the scenic values of Central Wisconsin are also important, including a healthy mix of farmland, forests, wetlands, lakes, streams, or glacial features. Of least interest are small acreages that lack these values. Indeed, the smaller the acreage being considered for an easement, the more essential it is that the property include one or more of the above characteristics. In general, the more disturbed and developed the acreage, the lower it will rank in our priority.
Financing is always a consideration. NCCT is a non-profit organization. All easements held by NCCT to date have been donated along with an endowment. Some state and federal funds are available to purchase development rights, but the time and effort to obtain these funds are considerable, and all have various restrictions on which lands qualify. NCCT is willing to put in the effort to secure funding for qualifying land if the land meets the requirements for funding, and if the land ranks high in our priority list.
We encourage anyone in our eight-county service area interested in protecting their acreage against development to contact NCCT, and we will be happy to review your property and answer any questions you may have regarding an easement.
