Land Preservation
Conservation Easements
A conservation easement is a voluntary private legal agreement between a landowner and an easement holder that protects land and its conservation values by limiting future development on the property. Together the landowner and the holder craft the legal easement document so that it protects the significant natural and cultural attributes of the land. The landowner still owns their property, but the conservation easement is a permanent legal document that gets recorded with the property’s deed and travels with the property even when the property changes ownership.
Conservation easements are a strategy for protection and provide the opportunity for improvement of water quality, preservation of cultural and historic sites, protection of our plant and animal communities, sustaining working landscapes and natural areas, and enhancing our quality of life.
In Virginia, there are several financial incentives to pursuing an easement. Landowners who donate a conservation easement may be eligible for a Land Preservation Tax Credit (LPTC) equal to 40% of the value of their donation. These tax credits can be used to directly pay the landowner’s Virginia income tax liability, and as a result, each $1 of credit is actually worth $1 to the landowner. Landowners may also sell their state tax credits using a tax broker who specializes in LPTC. Each of the land trusts below will be able to provide you with a list of these brokers. On average, tax credits can be sold for a net profit of about 80-85 cents on the dollar.
Conservation easement donors also may be eligible for a federal income tax deduction. This deduction would be equal to the value of their easement donation, minus the value of any state income tax credits, such as the LPTC, received in exchange for the donation. In Fauquier and Loudoun County, properties in a conservation easement also qualify for their respective Land Use Assessment Programs and therefore have lower property taxes.
There are several easement holders that work in the northern Piedmont Region and we encourage you to research each one and speak with their staff members to see who would be the best fit for you. This relationship will continue well past the easement drafting and recordation and so it is important you choose the group that will help you best reach and support your conservation goals.
Listed below are a few of the most active holders in our region. For a complete listing of federal, state, and non-profit programs in Virginia, visit the Virginia Department of Conservation and Recreation.
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Land Trust of Virginia
119 The Plains Road Suite 200 Middleburg, VA 20117
Northern Virginia Conservation Trust
4022-A Hummer Road Annandale, VA 22003
Old Dominion Land Conservancy
621 West Main Street Purcellville, VA 20132
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Piedmont Environmental Council
45 Horner Street Warrenton, VA 20186
Virginia Outdoors Foundation
(Fauquier/Loudoun new easement staff person, Laura Thurman)
39 Garrett St., Suite 200 Warrenton, VA 20186
Local Funding Sources
Easement holders charge a variety of fees for their services and there are costs you will incur from working with your attorney, appraiser, and possibly surveyor. Depending on the complexity of the easement, the financial burden can be significant. Luckily there are numerous programs available to help offset your costs to permanently protect your land.
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The Bondi Family Land Conservation and Battlefield Preservation Fund: This fund is available to landowners within the Unison Battlefield Study Area who are considering protecting their land with a permanent conservation easement. The fund is designated to assist landowners with transaction costs, including stewardship, legal, and surveyor fees. For more information, please contact VPHA at info@piedmontheritage.org or by calling (540) 687-6681.
Deborah Whittier Fitts Battlefield Stewardship Fund: Land Trust of Virginia’s Deborah Whittier Fitts Battlefield Stewardship Fund is available to landowners whose property has documented Civil War battlefield events to offset expenses associated with putting their land into easement. For more information, contact LTV at info@landtrustva.org or call (540) 687-8441.
Malcolm Baldwin Farmers Fund: Land Trust of Virginia’s Malcolm Baldwin Farmers Fund is available to landowners who have an active agricultural operation to offset expenses associated with putting their land into easement. For more information, contact LTV at info@landtrustva.org or call
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Loudoun County Conservation Easement Assistance Program provides financial assistance to Loudoun County landowners by reimbursing up to $25,000 in qualifying expenses including attorney’s fees, land appraisal and survey fees, processing and document fees, and stewardship costs. County landowners work with a qualified land trust in placing their property under a conservation easement and the land trust submits an application to the assistance program on the landowner’s behalf. There are landowner and property requirements to apply. Email conservationeasements@loudoun.gov or call (703) 771-5778 for more information.
The Piedmont Environmental Council supports several conservation funds in Fauquier and Loudoun counties, including the Catoctin Creek Conservation Fund, James M. Rowley Goose Creek Land Conservation Fund, and Julian Scheer Fauquier Land Conservation Fund. All funds are dedicated to protecting land with important natural, historic, scenic, and agricultural resources, and have the ability to assist landowners with some conservation easement costs. For more information about Fund policies and project selection, please email pec@pecva.org or call (540) 347-2334.
PFH Conservation Fund (PFHCF): The PFHCF is available to landowners within the northern Piedmont region who are considering protecting their land with a permanent conservation easement. The fund is designated to assist landowners with transaction costs, including stewardship, legal, and surveyor fees. For more information, please contact PFHCF at office@pfhconservationfund.org or by calling (571) 246-5029.
PDR Opportunities
The Fauquier County Purchase of Development Rights (PDR) Program allows landowners to enter into agreements to sell the development potential of qualifying property to the County while maintaining the right to continue to own and use the property. The purpose of the PDR Program is to protect farmland and retain the agricultural industry’s critical mass, in particular, farm parcels that are economically viable operations.
Requirements include that your property must be in excess of 50 acres (can be a combination of multiple, contiguous parcels), must currently be zoned Rural Agricultural (RA) or Rural Conservation (RC), and must not currently be under conservation easement or pending consideration for conservation easement or otherwise restricted from development. Questions about the program should be directed to the Fauquier County Agricultural Development Department by calling (540) 422-8280.
As of 2023, Loudoun County is considering the adoption of a similar PDR Program in compliance with their Comprehensive Plan.