In the United States, a conservation easement is a power invested in a qualified land conservation organization called a "land trust", or a governmental entity to constrain, as to a specified land area, the exercise of rights otherwise held by a landowner so as to achieve certain conservation purposes. It is an interest in real property established by agreement between a landowner and land trust or unit of government. The conservation easement "runs with the land", meaning it is applicable to both present and future owners of the land. The grant of conservation easement, as with any real property interest, is part of the chain of title for the property and is normally recorded in local land records.
Land trusts are nonprofit organizations which own and manage land, and sometimes waters. There are three common types of land trust, distinguished from one another by the ways in which they are legally structured and by the purposes for which they are organized and operated:
Greening Australia is an Australian environmental organisation, founded in 1982, the International Year of the Tree, to protect, restore and conserve Australia's native vegetation. Greening Australia was formed by the United Nations Association of Australia and the Nursery Industry Association of Australia.
The Queen Elizabeth II National Trust (QEII) is a registered charity and statutory New Zealand organisation independent from the government and managed by a board of directors. It was established in 1977 by the Queen Elizabeth the Second National Trust Act 1977 "to encourage and promote, for the benefit of New Zealand, the provision, protection, preservation and enhancement of open space."
Protected areas of New Zealand are areas that are in some way protected to preserve their environmental, scientific, scenic, historical, cultural or recreational value. There are about 10,000 protected areas, covering about a third of the country. The method and aims of protection vary according to the importance of the resource and whether it is publicly or privately owned.
Field & Game Australia (FGA) is an Australian non-government organization formed in 1958 for conservation, hunting and clay target shooting. It is based in Seymour, Victoria.
The Forest Legacy Program was established in the 1990 United States farm bill to protect environmentally important forest lands that are threatened by conversion to nonforest uses. It provides federal funding for conservation easements and fee simple purchases.
Conservation development, also known as conservation design, is a controlled-growth land use development that adopts the principle for allowing limited sustainable development while protecting the area's natural environmental features in perpetuity, including preserving open space landscape and vista, protecting farmland or natural habitats for wildlife, and maintaining the character of rural communities. A conservation development is usually defined as a project that dedicates a minimum of 50 percent of the total development parcel as open space. The management and ownership of the land are often formed by the partnership between private land owners, land-use conservation organizations and local government. It is a growing trend in many parts of the country, particularly in the Western United States. In the Eastern United States, conservation design has been promoted by some state and local governments as a technique to help preserve water quality.
Natural resource management (NRM) is the management of natural resources such as land, water, soil, plants and animals, with a particular focus on how management affects the quality of life for both present and future generations (stewardship).
Private landowner assistance program (PLAP) is a class of government assistance program available throughout the U.S. for landowners interested in maintaining, developing, improving and protecting wildlife on their property. Each state provides various programs that assist landowners in agriculture, forestry and conserving wildlife habitat. This helps landowners in the practice of good land stewardship and provides multiple benefits to the environment. Some states offer technical assistance which includes:
The Conservation Fund is a U.S. nonprofit organization with a dual charter to pursue environmental preservation and economic development. From 2008–2018, it has placed more than 500,000 acres under conservation management through a program whose goal is to purchase and permanently protect working forests. Since its founding in 1985, the organization has protected land and water in all 50 states, including parks, historic battlefields, and wild areas. The Fund works with community and government leaders, businesses, landowners, conservation nonprofits and other partners to integrate economic and environmental objectives.
Established in 1965, the Yellingbo Nature Conservation Reserve is located 45 km east of Melbourne in the Upper Yarra Valley, near the towns of Yellingbo, Launching Place, Yarra Junction, Hoddles Creek, Cockatoo, Emerald, Monbulk and Seville. Yellingbo Nature Conservation Reserve is a narrow riparian reserve with stream-frontage land along the Woori Yallock, Shepherd, Cockatoo, Macclesfield and Sheep Station Creeks.
American Prairie is a prairie-based nature reserve in Central Montana, United States, on a mixed grass prairie ecosystem with migration corridors and native wildlife. This wildlife conservation area is being developed as a private project of the American Prairie Foundation (APF). This independent non-profit organization aims to include over 3 million acres (12,000 km2) through a combination of both private and public lands.
The Maryland Environmental Trust (MET) is a land trust and quasi-public entity affiliated with the Maryland Department of Natural Resources and governed by a private Board of Trustees. It was established by the Maryland General Assembly in 1967.
Pacific Forest Trust is an accredited non-profit conservation land trust that advances forest conservation and stewardship solutions. Its mission is to sustain America's forests for their public benefits of wood, water, wildlife, and people's wellbeing, in cooperation with landowners and communities.
The Big Sur Land Trust is a private 501(c)(3) non-profit located in Monterey, California, that has played an instrumental role in preserving land in California's Big Sur and Central Coast regions. The trust was the first to conceive of and use the "conservation buyer" method in 1989 by partnering with government and developers to offer tax benefits as an inducement to sell land at below-market rates. Since 1978, with the support of donors, funders and partners, it has conserved over 40,000 acres through conservation easements, acquisition and transfer of land to state, county and city agencies. It has placed conservation easements on 7,000 acres and has retained ownership of over 4,000 acres.
Conservation banking is an environmental market-based method designed to offset adverse effects, generally, to species of concern, are threatened, or endangered and protected under the United States Endangered Species Act (ESA) through the creation of conservation banks. Conservation banking can be viewed as a method of mitigation that allows permitting agencies to target various natural resources typically of value or concern, and it is generally contemplated as a protection technique to be implemented before the valued resource or species will need to be mitigated. The ESA prohibits the "taking" of fish and wildlife species which are officially listed as endangered or threatened in their populations. However, under section 7(a)(2) for Federal Agencies, and under section 10(a) for private parties, a take may be permissible for unavoidable impacts if there are conservation mitigation measures for the affected species or habitat. Purchasing “credits” through a conservation bank is one such mitigation measure to remedy the loss.
The Deschutes Land Trust is a private charitable conservation organization focused on preserving natural landscapes and rivers in the Deschutes River Basin in Oregon, US. The Trust was formed in 1995, and since then has grown to conserve more than 7,000 hectares of land in over 17 preserves.
In 2010, Australia formulated a strategy for conserving land under the National Reserve System, which would be "a national network of public, Indigenous and private protected areas over land and inland water". States, territories and the commonwealth have enacted legislation to create and protect private lands "in perpetuity". Additionally, they have created mechanisms to fund the conservation of biodiversity in the shorter term. See for example, The Two Rivers Catchment Reserve.
