Montana Association of Land Trusts

A conservation easement is a negotiated agreement between a landowner and a land trust that essentially
establishes the landowner’s commitment for retaining his or her property as open lands. In essence, a
conservation agreement is a voluntary legal agreement that limits the landowner’s ability to develop
the land, and calls for conservation of the property’s natural values.

A conservation easement is negotiated between the landowner and a land trust tailored to the unique
character of the land and the conservation goals of the landowner, so easements vary in intent and
purpose. But easements typically restrict these land developments: Subdivision for residential or
commercial activities, dumping of toxic waste, and surface mining. By law, conservation easements must
accomplish at least one of these three conservation purposes: Protection of open space (including
farmland, ranchland and forestland), protection of a relatively natural habitat for fish, wildlife or
plants, or protection of lands for education or outdoor recreation of the general public.

So a conservation easement is a negotiated agreement that limits some uses of private lands, protects
conservation values and retains working farmlands, ranchlands and forestlands. The conservation
agreement protects the lands in perpetuity, and the easement is recorded at the county courthouse. As
of 2009 the Montana Association of Land Trusts held roughly 900 easements and protect close to a
million acres of Montana private lands.

For more information on private land conservation in Montana go to: http://www.montanalandtrusts.org/faqs/