Conservation Easements

What is a conservation easement?

A conservation easement is a voluntary, legally binding agreement between a landowner and a qualified organization or public agency. It is used to permanently protect natural, agricultural, open space, historical, forested, and/or scenic resources on the landowner’s land. In California, this is authorized by California Civil Code §815.

Who can hold a conservation easement?

In California, conservation easements can be held by qualified non-profit conservation organizations like the Land Trust of Napa County, public agencies or municipalities, and federally or state recognized Native tribes.

I want to explore conservation for my land, but I still want to own and retain responsibility for the land. How does a conservation easement work?

The Land Trust works with the landowner to develop a set of terms for the conservation easement, aimed at protecting certain aspects of the property. Afterwards, the landowner continues to own the land, is responsible for its management, and retains the ability to sell the land or pass it on to future generations. Many properties in Napa have changed hands after landowners have completed conservation easements that protect them.

What does a conservation easement look like on my land?

Conservation easements protect land by removing some of the development potential, typically industrial or commercial development. It is important to note that a conservation easement is not an “all or nothing” approach to land conservation. An easement may cover part of the property.  Conservation easements may allow some residential, commercial and agricultural uses, both existing and potential future uses. Also, conservation easements are flexible and tailored to meet each landowner’s individual needs while protecting unique natural, open space or agricultural characteristics of the property.

Does a conservation easement give the public access to my property?

No, the land continues to be private property, so public access is not allowed. A landowner can specifically request public access be allowed. Otherwise, conservation easements rarely allow public access.

Why do people place a conservation easement on their property?

There are a range of benefits provided by conservation easements. Many landowners pursue conservation easements because they want to protect some cherished attribute of their land: a meadow, a forest, an oak woodland, a stream, a vineyard. Others want to ensure that historical features are protected in perpetuity. For many landowners, the financial rewards resulting from easements can make it easier to pass on their land to their heirs. Other landowners might intend to sell their land but also want to ensure that it is not later converted into a residential or commercial development. Finally, landowners have also expressed their interest in participating with others in Napa County to permanently protect the beauty of this unique place. The financial incentives involved – income, estate and/or property tax benefits – are often important as well. Whatever the reason, it is essential to plan ahead to protect your land forever.

I’ve been doing just fine protecting my land. Why should I work with the Land Trust on a conservation easement?

Working with the Land Trust of Napa County allows you to protect your property in perpetuity, while receiving financial benefits today. Since 1976, the Land Trust has developed an efficient and proven program that can ensure a property’s protection – forever. The Land Trust is an active member of local, regional and national land conservation communities, keeping up with the best practices in land conservation, and can bring the latest ideas to discuss with you about approaches to conserving your land. The Land Trust holds more than 150 easements in Napa County, protecting tens of thousands of acres. Our approach has proven to be successful with a large number of landowners across the county. And in fact, after completing their first conservation easement, numerous landowners have come back to pursue additional easements with the Land Trust.

Conservation easements are complex and unique to both landowners and properties. We are more than happy to provide more information and talk specific details with you about your property. Please contact Lena Pollastro, Conservation Director, at 707.252.3270 x16 or lena@napalandtrust.org.

For additional information, see our Conservation Easement FAQ