WHAT IS A CONSERVATION EASEMENT?

Conservation easements are individually tailored agreements between landowners and a land trust that allow landowners to decide how their land will be cared for in the future by voluntarily retiring some or all of their development rights. They still own the land and are not required to provide public access, they can continue farming, ranching, sustainable timber harvest, or other compatible uses, can reserve limited building sites, can sell it or pass it on to heirs, but the protection stays with the land forever, no matter who owns it. Once a land trust creates a conservation easement with a private landowner, the land trust takes on a permanent public trust responsibility to enforce that agreement in perpetuity.

Retiring development rights on private land is a tremendous gift to the public and future generations. In recognition of that gift, the federal and state governments provide incentives through a variety of tax benefits. In particular, a recent New Mexico transferable income tax credit for land conservation makes some of those benefits for the first time accessible to landowners at any income level. Taos Land Trust will work with you to make sure that you qualify for all the federal and state tax breaks and other financial benefits you are entitled to.

In order to be eligible for federal and state tax benefits, a donated Conservation Easement must meet strict federal and state guidelines.  Among other requirements, a "qualified" easement must be granted in perpetuity and meet at least one of these conservation purposes described in the regulations:

• The protection of relatively natural habitat of fish, wildlife, or plants, or similar ecosystem;
• The preservation of open space (including farmland and forest land) either for the scenic enjoyment of the general public or pursuant to a clearly delineated governmental policy and that will yield a "significant public benefit";
• The preservation of an historically important land area or a certified historic structure; and/or
• The preservation of land areas for the outdoor recreation by, or education of, the general public.

Creating a conservation easement for your land can take anywhere from three months to a year or more, but the experienced staff at Taos Land Trust will work with you through the entire process.