There is no minimum acreage required to protect a property. Subdivision is a major factor in considering financial incentives. However, other factors are considered when protecting a property: soils, forest cover, water resources, and other characteristics. Now, some organizations may have their own requirement for easements they hold, but that depends on the organization. 

Yes, an organization must have funding and a process for long term stewardship of the easement. Stewardship means the organization reaches out to the landowner, visits the property, and provides resources in perpetuity. Some organizations charge a “stewardship fee” to cover these costs while others do not.

There are two ways to look at local property tax. It depends what county a landowner is in. Some counties offer land use taxation – which reduces property tax on properties that qualify as being used as agriculture. If an easement is put on a property that’s already in land use taxation, then the property tax may not go down any more but it will remain in land use taxation forever. If a county does not have a land use taxation program, property tax may go down on a property by default – since the property value decreases some as a result of the restrictions.

You would benefit from lowered taxes (due to lowered property value) but wouldn’t receive any State or Federal tax credits.

PDR easements focus first on subdivision – especially since they purchase the development rights. But different localities have different goals – they may an additional focus on protecting agriucltural soils, water quality, etc.

A conservation easement is permanent – meaning it runs with the land forever and every landowner must follow its terms.

These are two different programs a landowner may take advantage of if they have a qualifying conservation easement. The Virginia Land Preservation Tax Credit offers a landowner 40% of their conservation easement value to either use to offset their own taxes or sell or transfer to other Virginia taxpayers. The Federal Tax Deduction allows a landowner to deduct their full easement value minus what they receive in tax credits. The deduction cannot be transferred and/or sold. More details and an example are in the presentation.

The Virginia Tech Cooperative Extension hosts workshops and publishes resources that help landowners and their families with these types of questions. One resource for forest landowners: https://ext.vt.edu/natural-resources/legacy-planning.html. You can contact anyone on that page for more information of agricultural lands, also. Other agencies and groups also offer resources. 

A conservation easement ensures land stays in-tact and available for agriculture, forestry, and open space uses. Legacy/estate planning is important and helps evaluate the wants, needs, challenges, and opportunities of the family and land. It’s best to discuss this with family members early on and throughout the years.