Open Lands Program

A conservation easement is a voluntary, yet legally binding and recorded agreement by which landowners may restrict select uses of their land to achieve protection of certain delineated conservation values. Landowner(s) continue to retain private ownership and may sell, gift, or transfer the property with a conservation easement in effect. Conservation easements typically protect open space, wildlife, fisheries, and/or water quality, or preserve valuable ranch and farm properties. Conservation easements remain in effect when the property is sold or passed to the next generation. A conservation easement may be sold, donated, or partially sold and partially donated by a landowner. Private lands remain in private ownership. The terms of the conservation easement may have requirements, such as keeping riparian areas intact or when and how to harvest timber. As conservation easements usually have a value attached to them, they can be donated and/or purchased. Donating conservation easements may provide income or estate tax benefits. However, landowners must continue to pay Montana property taxes.

No. Landowners in Lewis and Clark County have utilized conservation easements for many years.

Conservation easements protect land for future generations while allowing owners to retain many private property rights and continue traditional uses such as farming, ranching, forestry, hunting, and fishing. Landowners may receive compensation for qualified conservation easements from the Lewis and Clark County Open Lands Program and/or may be able to qualify for certain income and estate tax benefits. Additionally, conservation easements can be useful and valuable estate planning tools. Many landowners simply wish to see specific attributes of their property protected such as wildlife habitat, and not want to see their land subdivided or inappropriately developed. No two conservation easements are alike. Each is tailored to accomplish the landowner's specific desires.

The value of each proposed Lewis and Clark County Open Lands Program conservation easement will be determined by an appraisal completed by a certified appraiser qualified to appraise conservation easements. Generally, the way conservation easement value is determined by the appraiser is the market value of the property before the easement minus the market value of the property after the easement execution. The difference between the two market values is the value of the conservation easement. Once appraised, the purchase price is determined by the Lewis and Clark County Commission.

Public access can have a different meaning to different people. For example, limited access on a defined trail across the easement property to reach an historic site on adjacent lands would provide partial access. Further, that access could be limited in time, perhaps only during certain times or seasons. Hunting access or fishing access to portions of the ranch during specific months and specific hours may be included. That access could, for example, preclude camping, fires, and motorized vehicles. Because each conservation easement is tailored to the landowners' desires, there is great flexibility in addressing public access if so desired.

No. Public access is not a requirement of the Lewis and Clark County Open Lands program. The decision to open conservation easement lands to public access is the decision of the landowner. Though public access is not required, if the landowner so desires, it can be included. "Providing for Recreation" is one of the goals of the bond resolution. Projects that propose access in some form will generally receive a higher appraisal value and may be viewed more favorably during the decision process.

The conservation easement includes restrictions to protect the conservation values of the property in perpetuity. The terms of those restrictions will provide safeguards to ensure that the land will always be preserved in accordance with the goals of the landowner and the Lewis and Clark County Open Lands Program. Easement terms or restrictions are voluntarily entered into by the landowner, and are monitored and enforced by a qualified organization or agency.