HomeMy WebLinkAboutStep by Step Guide to Donating a Conservation Easement in DanbyA STEP-BY-STEP GUIDE TO DONATING A CONSERVATION EASEMENT
IN THE TOWN OF DANBY
The main thrust of Danby’s conservation easement program is to reduce the potential for
development in the low-density areas within the town. The purpose of any conservation
easement is to preserve, protect, or conserve land in its natural, open, scenic, educational,
historical, agricultural, or forested condition. This objective is reflected in the
Conservation Easement Template. It is a starting point, a framework, which can be and
often is modified somewhat to accommodate the land under consideration and the
interests and concerns of its owner(s).
An introduction to the Town of Danby can be found in the Conservation Easement Fact
Sheet.
More detailed information on the potential tax benefits for landowners are outlined in the
document, Conservation Easement Tax Credit Information.
Using the Conservation Easement Template
Landowners in the Town of Danby are encouraged to use the template as a follow-up to
the initial site visit and associated discussion. It can help clarify the options available.
Representatives of the Town will help the landowner(s) draft an easement that best fits
their conservation objectives. After a successful review, the conservation easement will
be approved by the Town Board and become a formal contract between the landowner(s)
and the Town.
The Conservation Easement Template consists of five Articles and three Schedules.
Articles I & II and Schedules A-C are the important parts that describe an individual
easement property and what can and cannot be done in the various designated Use
Zones.
Articles III-V apply to all easements and describe the legal aspects that govern the
administration of the easements.
Article I Conservation Purposes and Property Description
The baseline description of the easement is important so that the property can be maintained in
the state agreed upon by the landowner and the Town.
Article I describes the property, documents its existing features, and goes into detail
about the Conservation Purposes for the easement. After providing a legal description of
the property (which becomes Schedule A) it goes on to identify relevant values of the
property worth protecting and provides supporting documentation. The template gives
examples of possible Natural and Exceptional Values, as a starting point.
Schedule B is a document that provides a Baseline Description of the property at the time
the easement is granted and is generated after an inspection of the property with
representatives from the Town of Danby Conservation Advisory Council.
Schedule C is the document that depicts which Use Zones are applied to this easement
and how they are applied.
Article II Allowed and Prohibited Uses and Rules for Use Zones
Use Zones are the essential basic elements of the easement that determine how the easement
property is zoned and what level of preservation is designated to each.
Article II describes the Use Zones into which a property might be divided and the rules
that apply to each Zone. There are four possible use zones:
1. Residential and Active Use Zone
2. Agricultural and Forest Management Zone
3. Restricted Forest Use Zone
4. Environmental Protection Zone
The rules associated with each zone are outlined in the template. In addition, there are
general rules that apply to all zones. Zone 1 is the least restrictive. Additional rules and
restrictions are added as you move from Zone 1 to Zone 4. The landowne r(s) select the
appropriate zones for the property. They might choose to place all of the property in one
of the four zones identified above, but more commonly they might decide to divide the
property, placing different parts into different zones. For example, there might be a
wooded stream with steep banks running through the back of the lot that can be
categorized as a being of exceptional conservation value. This acreage can be placed in a
more restrictive zone than the land surrounding a residence. There are many resources to
help in making such decisions, ranging from online information from agencies such as
the Department of Environmental Conservation, the staff at the Town Hall, and the
members of the Town’s Conservation Advisory Council (CAC), a group of volunteers
charged with implementing Danby’s conservation easement program.
Article III Legal Effect and Import
Article IV Federal and State Tax Items
Article V General Terms and Miscellany
Finalizing the Easement
Once the zone(s) have been selected, the landowner(s) interact with one or more members
of the CAC to review them to ensure that they meet the landowner(s)’ conservation
objectives. Once a mutually agreeable draft has been negotiated, the CAC sends the
proposed easement on to the Town Board for formal consideration. This includes a
public hearing and final authorization by the Board for the Town Supervisor to sign the
contract. Once both parties have signed, the completed easement is recorded with the
County Clerk, with the deed for the property, and becomes binding on all owners current
and future.