A Survey of Forestland Conservation Easements in the United States: Implications for Forestland Owners and Managers

Abstract

Internationally, conservation easements are increasingly popular land management tools for private landowners, government agencies and non-governmental organizations seeking to preserve forests and other natural settings. This paper reports a study of the design and use of conservation easements by organizations and public agencies in the USA. More than 355 conservation organizations and 16 state agencies holding at least 3,598 forestland easements were identified. Demonstrated shortfalls in baseline forest inventories, record keeping, and professionally-developed management plans were evident on working forest easements. Failure to address these shortcomings runs the risk of jeopardizing the legitimacy of the easement approach even where favorable legal and tax conditions exist. Management restrictions varied broadly, with a minority of respondents prohibiting such techniques as clearcutting and salvage logging. Concerns for the use of chemicals, best management practices, and streamside management zones were commonly reflected in easement language, whereas logging road design and the cultivation of old-growth conditions remain largely undeveloped. Implications from the US experience, where easements are relatively well-developed, highlights the need for professional forestry advice-particularly for non-industrial or small-scale forest owners-in both easement development and implementation, the need for careful planning, and the need to carefully consider the respective goals of the forest landowners in crafting the easement documents. In the cases of developing nations, consideration of the differing needs of landowners may require increased flexibility in management documents.

The tragedy of the science-policy gap – Revised legislation fails to protect an endangered species in a managed boreal landscape

“…Another option could be the introduction of forestland conservation easementsa concept that is gaining increasing popularity internationally. According to this scheme landowners can gain tax benefits from preserving forests by for example permanently setting aside ecologically valuable parts (Mortimer et al 2007).…”

Establishing Conservation Easements on Forested Riparian Buffers: Opportunities for Long-term Streamside Protection

“…Conservation easements are extremely popular and one of the leading land conservation and preservation tools used in the USA today (Gustanski and Squires 2000;Mortimer et al 2007). This study explored what Pennsylvania landowners intend to do with the CREP riparian forest buffer when the contract expires, and the likelihood of establishing a permanent conservation easement restricting conversion of their forested buffer.…”

An Evaluation of West Virginia's Non-Industrial Private Forest Landowner Participation in Conservation Easements

“…Conservation easements typically restrict development of the land permanently and management plans often are included in the agreement documentation but are not required (Mortimer et al 2007). In fact, a study in 2007 surveyed 119 conservation easements held by…”

“…Such events produced a nationwide fear of timber famine and protection of the resource became an immediate priority. However, protecting natural resources has now evolved to include fragmentation and parcelization caused by development, degradation of wildlife habitats, sustainable forestry, farming, and erosion from flooding (Mortimer et al 2007).…”

“…Though easements are a good tool for conservation among NIPF owners, there are criticisms. Management planning, records and inventories, and monitoring are either unsatisfactory or produce serious challenges (Mortimer et al 2007). These shortcomings are likely due to limited funding and manpower.…”