A version of this article originally appeared in the September 2024 edition of SVT's The Wren newsletter.
Most people probably understand what it means for SVT to “own” a conservation area, but what does it mean to “hold” a conservation restriction (or CR)? What is a CR?
A CR is a legal agreement that permanently prohibits specified activities on a property in order to protect its natural resources or conservation values. (Most states besides Massachusetts use the term conservation easement instead of conservation restriction.)
Essentially, a CR extinguishes the right to develop the land. The prohibited activities vary for each CR but can include things like building a house, installing a fence, or digging a septic field. The CR might also permit certain activities such as trails, timber harvests, and habitat improvements. (See David's Meadow.)
Activities prohibited by one CR might be permitted by another: It depends on the goals of the landowner who creates the CR. Where most CRs prohibit new structures, a CR could permit the construction of a house or garage. The CR will spell out where the structure can be built as well as its allowed size and purpose. Some agricultural lands are covered by a type of CR called an Agricultural Preservation Restriction, or APR, that requires the property to be maintained for agricultural use. (See Monitoring a CR.)
In Massachusetts, the terms of a CR must be approved by both local and state authorities. Once a landowner—whether a private citizen, a government agency, or a nonprofit—places a CR on a piece of land, the agreement is recorded at the Registry of Deeds and is binding on all future owners. The property may change hands, but the CR protects the land forever.
A private landowner can place a CR on a property by selling the CR at its full appraised value or by donating it or selling it at a bargain price to potentially take a charitable tax deduction. Whichever option is chosen, the landowner is still required to pay property taxes (although the rate could possibly be lower since the land cannot be developed).
Cities or towns that use Community Preservation Act (CPA) funds to acquire an open space property are also required to place a CR on the land to fully protect its ecological features. In these cases, towns sometimes donate the CR to SVT, although we often raise funds to buy the CR and help the town offset part of the purchase price of the land.
A key requirement of every CR is that an organization such as a land trust or a conservation commission must “hold” it and enforce its terms. The landowner must notify the CR holder before making any significant changes to the land, and the CR holder usually visits the property each year to ensure that no unpermitted activities are taking place, whether by the landowner or by a neighbor or trail user.
If problems are found, the CR holder is legally required to work with the landowner to remediate them. If the landowner is unwilling to resolve a problem, the CR holder could be compelled to take legal action. (See Key Victory in CR Defense.)
CRs are an essential tool in the conservation tool belt, and they are fast becoming one of the most popular methods for protecting land in the SVT region. In fact, SVT has acquired 23 CRs in the past 7 years alone. With a CR, a landowner can continue to own a property and enjoy it while protecting fields, forests, clean water, diverse wildlife habitats, and in some cases, wonderful walking trails for both current and future generations.
Thank you to all the landowners who have protected their property with a CR!
On September 12, 2024, SVT acquired our 100th conservation restriction! Read more about it.