LANDOWNER FAQ

Conservation easements are voluntary, private agreements between a landowner and a qualified organization like the Gallatin Valley Land Trust that protects natural resources from unwanted development or fragmentation. Land under easement remains private property. You retain ownership and can continue to live on the land and use it for farming, ranching, forestry, recreation, education, or other activities that sustain its resources. You can sell your property or pass it on to your heirs; the conservation easement transfers with it, protecting the land forever.

GVLT can help you explore options for the conservation of your property. We will work with you to design a conservation plan that will work best for you, your family, and the special resources on your land.

GVLT is strategically focused in our service area, including Gallatin, Park, and Madison counties. We evaluate whether we can accept a conservation easement based on a project’s conservation values such as agricultural productivity, wildlife habitat, scenic open space, and connectivity with other conserved lands. Our volunteer Board of Directors approves every conservation project.

Most conservation easements are at least partly donated, and such a donation may qualify for federal tax benefits. To be a qualified conservation contribution under the federal laws, it must meet several regulations, including that it be perpetual, be granted to a qualified organization (like GVLT), and protect relatively natural wildlife habitat or scenic open space that provides public benefit (including farmland and forest land). Some conservation easements also allow public access for recreation or protect historic structures.

Creating a conservation easement is both a personal decision and a financial one. Landowners choose to place a conservation easement on their land for the peace of mind of knowing its special resources will be a lasting legacy, conserved in perpetuity. There are also financial incentives. Federal income tax benefits often apply to gifts of conservation easements. In some cases, GVLT is able to compensate landowners for a portion of the development rights extinguished with a conservation easement. These are called “bargain sale” easements. GVLT will work with a landowner and their appraiser, tax advisor, and attorney to craft a conservation strategy that will work best for them and their land.

Donation of a conservation easement that meets federal requirements may be treated as a charitable gift and can provide a landowner with federal income and estate tax savings. GVLT can help to explore the opportunities but we recommend that you work with your own legal and tax advisors. GVLT does not provide tax or legal advice. For more information, please email GVLT Conservation Director Brendan Weiner or call him at 406-587-8404 ext. 6.

No. GVLT wants private landowners to continue managing their land. You would still make decisions about how you manage your agricultural and timber resources. In some cases, a landowner will choose to work with GVLT to write a timber or grazing management plan.

Each conservation easement is unique and GVLT will work with you to explore the options for your property. For the most part, a conservation easement limits the subdivision and residential development of a property, as well as commercial and industrial activities. Traditional uses of the land, such as farming and ranching, hunting, and timber management are generally not restricted.

Once a conservation easement is in place, GVLT works with the private landowner to ensure that the easement’s goals are upheld. We will contact the landowner once a year to monitor the easement and are always available as a resource to landowners, but we do not get involved in day-to-day decisions about land management or agricultural practices.

Yes. Land under conservation easement can be sold like any other real estate or passed on to heirs. Since conservation easements are perpetual and run with title to the land, any future landowners will be subject to the terms of the conservation easement agreed upon by the original donor.

Since 2008, GVLT has been accredited by the Land Trust Alliance Accreditation Commission. The accreditation seal recognizes land conservation organizations that meet national standards for excellence, uphold the public trust, and ensure that conservation efforts are permanent.

Typically, a conservation easement does affect property taxes on a property. The landowner is responsible for paying property taxes.

No. Conservation easements do not make land available for public for access. Landowners retain the right to make decisions about public access and, in some scenarios, allow public access as part of conservation easement projects. Permission for hunting, fishing, hiking, and other forms of recreation require permission from the landowner, as on any other privately owned land. GVLT does work to help expand and secure public access, primarily in urban areas, through our Trails Program.