Conservation FAQs

***For an even more comprehensive list of conservation FAQs, we recommend This Resource from the Land Trust Alliance ***

What kind of land does South Hero Land Trust conserve?

South Hero Land Trust protects farmland, woodland, natural and recreational areas, and other open spaces in South Hero. South Hero Land Trust primarily deals with large tracts of agricultural land and woodlands (usually 50 acres or more). We also conserve recreational lands, scenic lands, and important wildlife habitat. Additionally, SHLT can play a role in conserving land that the town deems important for municipal purposes.

How does South Hero Land Trust conserve land?

The most frequently used tool for conserving land is called a conservation easement (see below). South Hero Land Trust is a non-holding, non-acquiring land trust. In other words, rather than holding easements or title to land we partner with regional and statewide organizations such as Vermont Land Trust and Lake Champlain Land Trust, who will ensure that the conservation value of the property is maintained in perpetuity. In most cases land is conserved when a landowner voluntarily sells or donates a conservation easement to a holding land trust or state agency. In the case of the Landon Farm and Round Pond project, SHLT and its project partners purchased the property and donated a portion of the land to the State of Vermont’s Agency of Natural Resources to become Round Pond State Park. The Landon Farm portion was conserved and sold to a farming couple who were selected through a Request For Proposals (RFP) process. 

What is a conservation easement?

A conservation easement is a legal document that permanently restricts the development potential of property that has significant natural, agricultural and/or cultural value. With a conservation easement, landowners protect their land without giving up ownership, and can continue to use the land for farming, forestry, recreation, education, and other non-development purposes. The easement runs with the land; the original owner and all subsequent owners are bound by the restrictions of the easement.

Conservation easements are flexible by nature. For example, areas around homes and/or farmstead complexes are often excluded. And, there can be provisions for future family housing needs, farm expansion, and in some cases, even limited sub-divisibility, as long as the natural resource values are protected.

Do conservation easements mean the land trust owns your land now?

No! After conservation the landowner still owns the land. Similar to a power-line easement, or a road right-of-way easement, a conservation easement is a simply a legal document held by a land trust, which is attached to that parcel, and spells out various rights pertaining to the land itself, in this case in perpetuity. Most easements in Vermont also have what’s called an OPAV attached to them, which stands for “Option to Purchase at Agricultural Value”. which limits the sale of the property to a family member or another farmer. This helps keep the land in farming, and allows conserved land to remain more affordable and accessible to the next generation of farmers.

In some circumstances a land trust might end up holding or owning land that was on the open market. For example the Landon Farm was purchased by a coalition of land trusts on the open market. Half was conserved with an easement, then re-sold to farmers at a more affordable rate, and the other half was conserved with an easement and donated to the public, which become Round Pond State Park.

Does owners of conserved land pay less taxes?

Generally no. Conserving land reduces a landowner’s rights to develop, and therefore reduces the value of their acerage. However, even if listers were to take this into account, most open land in Vermont is already enrolled in the State’s Current Use Program, where landowners can reduce their property tax rate in exchange for keeping the land in long-term agriculture, forestry, and/or ecological stewardship. Land enrolled in the program, whether conserved or not, usually is taxed at lower than the municipal rate. And when taxes are based on how the land is actually being used (farming, forestry, etc.), rather than it’s “potential” use for real-estate development, it accurately reflects how open land almost always pays more in taxes than it requires in services. And, the effect on towns is neutral, as the state reimburses the towns for reduction in tax revenue, and the tax burden is spread equally across all taxpayers in the state.

Does conserving land make everyone else pay more in taxes?

No, and in fact in Vermont studies have shown the opposite - that on average, tax bills are lower, not higher, in towns with the most conserved land. Also, studies of the cost of community services have repeatedly shown that open or forest land, even in current use, pays more in taxes than it requires in services.

Once conserved, is land off-limits to hunting and fishing?

No, that decision remains with the landowner, as with any other private property. Conservation easements do not directly address hunting and fishing. However, by protecting open space and habitat, conservation generally improves conditions for wildlife populations, and for hunters.

What does South Hero Land Trust fundraise for?

We raise funds to compensate land owners at a fair market rate for their development rights. Often landowners will donate all, or a portion, of the value of those rights, called a “bargain sale”, to reduce the cost of the project. Fundraising also pays for project management, appraisals, surveys, baseline documentation, other tasks to complete the project, keep the organization running, and steward the easement into the future.

Our most important source of funding is through donations. Though we obtain the bulk of our funding from state, federal, and private foundations, continued funding from these sources depends on our local support from members. In other words, local support determine our capability to conserve land in South Hero. The ability to compensate land owners at a fair market rate for their development rights is a goal of the land trust which can only be achieved through local funding from dedicated supporters. Because we work in partnership with other Land Trusts, South Hero Land Trust is able to substantially leverage any funds raised locally. Visit our donate page to make a contribution today!