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Conservation Easements
Protecting Sensitive Natural Areas Within Development PDF Print E-mail

Conservation easement holding entities like the Delaware Soil and Water Conservation District have protected millions of acres of land all across the country.  The Delaware Soil and Water Conservation District began its program in 2007 making it the first Conservation District in Ohio to hold conservation easements within subdivision development areas.

 

Today's pressures from encroaching development and urban sprawl have sparked a growing concern over the loss of farmland, green space and natural resources.  The conservation easement is but one tool conscientious developers, landowners, government and other conservation organizations can use to protect and preserve sensitive natural areas.

 

To qualify for a conservation easement, the land must have some conservation or preservation value.  Obvious examples would include land that harbors rare species of plant or animal life, or land bordering an existing park or preserve.  Less obvious examples might include a wooded ravine, land that provides wildlife access to a natural waterway, or a small wetland area that helps filter the water flowing into a lake or river.

 

The Delaware Soil and Water Conservation District is a local political subdivision directed by a group of five dedicated, publicly-elected officials who know how important it is to protect sensitive natural features from development in Delaware County.

 
What is a Conservation Easement? PDF Print E-mail

Ownership of a piece of property may best be described as a "bundle of rights." These rights include the right to occupy, use, lease, sell, and develop the land.  An easement involves the exchange of one or more of these rights from the landowner to someone who does not own the land, in this case, the developer to the Delaware Soil and Water Conservation District.  Easements have been used for years to provide governments, utilities, and extractive industries with certain property rights.  An easement permits the holder certain rights regarding the land for specified purposes while the ownership of the land remains with the private property owner.

 

Shaded areas represent a deeded conservation easement area within typical subdivision.
Shaded areas represent a deeded conservation easement area within typical subdivision.

 

 

 
What can I do on a Conservation Easement? PDF Print E-mail
  • Land covered by a conservation easement is still privately owned land, with the only restrictions on the land use being those agreed upon by the developer and easement holder at the time the subdivision is platted.
  • Private property owners maintain all responsibilities of a landowner unless otherwise stipulated in the conservation easement deed agreement.
  • Private property owners retain rights to privacy giving access only to the easement holder for inspection and enforcement purposes.
  • Easements do not require the private property owner to provide public access.
  • Camping, fishing, hiking, and hunting are allowed with landowner permission where local ordinances allow.
 
Benefits to the Environment and You PDF Print E-mail
  • Conservation easements provide vegetated buffer zones that filter pollutants from runoff.
  • Conservation easements protect natural wetlands that store runoff and filter pollutants.
  • Conservation easements keep wildlife habitat in and along ravines and stream channels.
  • Conservation easements provide passive recreational opportunities for property owners.
  • Conservation easements add to the community's GREENSPACE
 
What are the Responsibilities of the Easement Holder? PDF Print E-mail
  • Establishing baseline easement documentation, including enforceable deed language, maps, property descriptions and baseline documentation of the property's characteristics.
  • Monitoring the use of the land on a regular basis via onsite visits to the property to ensure that the easement restrictions are being upheld.
  • Providing information and background data regarding the easement to property owners.
  • Enforcing the restrictions of the easement through the legal system if necessary.
  • Maintaining property/easement related records.
 
Easements Currently Held by the Delaware Soil & Water Conservation District PDF Print E-mail
  • Olentangy Crossings South Sec 1
  • Olentangy Falls Sec 1
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