The primary way French and Pickering Creeks Conservation Trust conserves land is through conservation easements.  A conservation easement is a permanent agreement granting certain real property rights to the Trust that restrict the use of the property in perpetuity. The landowner either donates or sells the easement to the Trust; in return the Trust is obligated to protect the property according to the terms of the conservation easement.

A conservation easement outlines property restrictions, permitted construction and uses, and recommended stewardship practices.  The easement is accompanied by a conservation plan, which  is a map of the property depicting its existing features, protection areas and locations for permitted future improvements. When a property is eased, the most environmentally sensitive areas, those containing riparian areas and wetlands, forests and woodlands, steep slopes and valuable plant and animal habitat, are assigned the highest protection. Areas suitable for agricultural use are given somewhat less restrictive, often labeled "standard",  protection.  Finally, one or more areas are carved out for residential improvements; such areas are designated as "minimal" protection areas.

The Easement Process

The easement process follows a number of steps, which can take from weeks to months to accomplish.  First, the landowners meet with the Trust's Conservation Director to discuss their vision for the property.  The Conservation Director assesses the conservation values of the property and notes its existing conditions and the owners' preferences regarding reserved rights and future uses.

If this initial meeting leads to mutual agreement to proceed further, the landowners order an appraisal to determine the unrestricted value of the property and the reduced value the property will have after it is restricted by the easement.  The difference between these values is the value of the conservation donation, which may be used by the landowners as a charitable deduction on their federal income taxes. The information gathered by the appraiser is useful in completing the easement.

Meanwhile, the Conservation Director takes the property information to the Trust's Land Preservation Committee, where it is used to evaluate the property's suitability for perpetual conservation.  If the Land Preservation Committee recommends acceptance of the easement to the Board and the Board approves the easement, the landowners may officially engage the Trust to draft and hold the easement.

Next, a survey or plot plan of the property is used to create a conservation plan, and an easement is drafted reflecting the restrictions and rights agreed on by the landowners and the Trust.  In addition, any mortgage on the property must be subordinated to the easement, a title report is prepared, and a baseline report outlining the existing conditions on the property, including a botanical inventory, is compiled. After the documents are reviewed, revised as necessary, and approved by the landowners and their counsel, a closing is scheduled.  There the easement is signed by an officer of the Trust, the landowners, and any co-holders (usually the township or county) and then taken to the County Recorder of Deeds to be recorded.