Six Burning Questions about Conservation Easements

Two conservation easement owners and Duane Hyde, Land Conservation Director at SELT, answered questions and addressed concerns about conservation easements from 16 attendees at a panel discussion on June 12, 2024. Here are some questions and answers from that program, organized by the East Kingston Conservation Commission.

1. Do I have to provide public access and recreational or educational uses on my land if I put it into a conservation easement?

Not necessarily. While some sources of funding do require public access, not all do. Each easement is based on a template and then we can work on provisions that are customized to the specific landowner and property in mind. A conservation easement typically allows for forestry and agricultural uses, wildlife habitat protection and enhancement, maintenance of scenic views, and watershed protection. It may provide for public access and recreational or educational uses, but only if the landowner is agreeable.  However, if the landowner is looking to be paid for their conservation easement, the lack of public access can make finding funds difficult and the project less viable.

2.      Can I cut trees on a conservation easement?

Absolutely, typical conservation easement terms require a professionally prepared Forest Management Plan prepared by a licensed professional forester, but that is for commercial forestry.  If you are cutting trees for your own personal use, and not commercially logged or timber harvested, most easements allow this outside of and without a required management plan. Bargaining large quantities of wood is considered commercial, Duane Hyde explained.

3.      Will I or my heirs be able to sell the land that’s under conservation easement?

Yes. The land under easement remains privately owned, and the owner can do anything that does not violate the purposes and terms of the easement. This includes selling the land. The next owner then abides by the terms of the easement.

4.      Can I build on a conservation easement property?

Most easements allow for structures and alterations necessary for farming or forestry. It is not unusual for a landowner to want the Conservation Easements to exclude parts of the property from the easement where the family can then have the option for one or more new house sites on the property at a future date.  These locations need to be worked on carefully with the conservation entity you are working with.

5.      What rights do I lose if my property is put into conservation easement?

In general, a conservation easement typically prohibits new residential, commercial, and industrial development; structures that are not associated with farming or forestry; subdivision; mining; changes to the topography; changes to wetlands/streams/waterbodies and the destruction of important plant or animal habitats. 

6. How do I get started?

In southern NH, three organizations work to protect and conserve land:

1. Southeast Land Trust (SELT) - https://seltnh.org/what-we-do/land-inquiry/
2. Society for the Protection of New Hampshire Forests - https://www.forestsociety.org/
3. The Nature Conservancy - https://www.nature.org/en-us/