Conservation Easements FAQs

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What is a conservation easement?

In Florida, Section 704.06, Florida Statutes, defines a “Conservation Easement” as “. . . a right or interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance; or maintaining existing land uses and which prohibits or limits certain uses.”

What is the benefit to the state for acquiring conservation easements?

Acquiring agricultural areas through conservation easements provides a three-fold benefit. First, easements allow landowners to remain on their property and continue low-impact agricultural use while simultaneously protecting important listed species habitat from urban conversion. Second, less than fee acquisition projects typically cost less than buying a parcel outright. The state’s land buying programs could stretch limited dollars by eliminating the need for full-fee acquisition in all cases and the subsequent long-term management costs such purchases required. Finally, it allows the state to concentrate its acquisition dollars on fee-simple projects to acquire high-quality habitat areas and property that contributes to efficient management of state-owned conservation lands.

What is the benefit to the landowner for selling a conservation easement?

By granting or selling a conservation easement, an owner may retain title to the property along with certain negotiated rights while protecting the natural, historical and archaeological resources of the property. A conservation easement also allows the owner to receive certain tax advantages.

How does a conservation easement work?

Conservation easements are legal agreements in which a property owner promises to restrict the type and amount of development that can occur on the property, often in exchange for some level of compensation. Most easements “run with the land” meaning they bind the current owner and all subsequent owners in perpetuity to the document’s restrictions. These limits can include such items as the right to subdivide or develop the property, extract a mineral interest, or harvest timber. The owner and easement holder identify the restrictions necessary to protect the property during the easement negotiation process. The owner then conveys the right to enforce easement restrictions to a qualified third party, such as a public agency or non-profit organization.

How is a conservation easement different from fee-simple acquisition?

Conservation easements differ from fee-simple acquisition in three main ways. First, while the landowner relinquishes certain rights, they retain title to the property. Second, the landowner continues to use the land although those activities are now restricted by the easement document. Third, unlike other public conservation lands, easements restrict public access except under circumstances outlined in the document (i.e. environmental education). Even if the easement allows public access, these areas are still private property and the public does not have access unless the landowner allows it.

What kinds of land management are appropriate for a conservation easement?

Under a conservation easement, a private landowner can manage their property for timber production, sod, row crops, cattle grazing, hunting or private recreation. In general, if a property needs no form of management different from what is already occurring there, then a conservation easement is most likely appropriate, especially if the property is contiguous to an existing conservation land and can serve as a buffer or is part of an ecological wildlife corridor connecting other conservation lands together.

What is a baseline inventory or baseline documentation report?

The Baseline Documentation Report or BDR is a snapshot of existing uses, agricultural structures, natural and disturbed areas on the property. It is prepared during the acquisition process for an easement. The property owner provides input to the report and mutually agrees with the state that is an accurate reflection of the property. The BDR becomes a permanent part of the property file and is used during future monitoring and enforcement.

Are Best Management Practices required?

Conservation easements often require landowners to strike a balance between resource protection and consumptive uses such as agriculture. One of the best ways to accomplish this balance is to implement a Best Management Practices (BMP) program for the property, depending on the type of activities that occur. The Florida Department of Agriculture and Consumer Services (DACS) has lead responsibility for developing and implementing agricultural BMP programs statewide. The Division of State Lands requires site specific provisions for BMP implementation on those easements with existing agricultural land use. Each easement requires the landowner implement a BMP program on his or her property and coordinate agricultural activities with DACS.

Who monitors the conservation easement?

OES has established a monitoring site visit program to ensure that landowners are complying with the negotiated terms of their easements. OES monitors the majority of these easements through a third-party contract with the Florida Natural Areas Inventory (FNAI). FNAI visits each easement property on a 36-month cycle and provides written reports to OES.

What does the monitoring inspection involve?

OES monitors activities for compliance with the easement terms and restrictions. An interview and site visit with the property owner or manager is conducted by the monitor. During the site visit, the monitor will inspect the property to document conditions and record any potential violations. The monitor will interview the owner to discuss any problems, future plans and ask questions about planned activities compliance with the easement.

If the monitor discovers a violation of the easement, they notify OES to address the violation with the owner.

What types of uses are typically prohibited on a conservation easement?

Section 704.06, Florida Statutes, lists a number of activities that may be prohibited or limited on a conservation easement. The following prohibitions are included in the easement, although there may be additional prohibitions based on the conservation values of the property.

Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground.
Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials.
Removal or destruction of trees, shrubs, or other vegetation.
Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface.
Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition.
Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation.
Acts or uses detrimental to such retention of land or water areas.
Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance.

If I have more questions, whom should I contact?

Please contact the Division of State Lands at 850-245-2555 or Conservation Easement Coordinator.

Last Modified:

April 27, 2024 - 9:30am