Can a conservation easement be changed?
Conservation easements place perpetual use restrictions on a parcel of land. An amendment to a conservation easement must be consistent with the terms and conservation intent of the original agreement and receive written approval from the current landowner and the Land Trust. The proposed change must maintain or enhance the conservation values of the land. As a general rule, an amendment must not reduce existing restrictions and may not release property from an easement. An amendment proposal will likely require a site visit by a staff member. The cost of evaluating & preparing an amendment are the responsibility of the party proposing of the amendment. These costs include staff time, travel expenses, and consultant (e.g., attorney) fees. For these reasons, changes to an easement rarely occur except to add property or to impose new restrictions for which an additional tax benefit may be claimed.
