Black Canyon Land Trust

1500 East Oak Grove,

Suite 201

Montrose, CO 81401

Voice: 970/252-1481

Fax: 970/252-7209

email BCLT

"Promoting & ensuring conservation of private lands in the Uncompahgre, North Fork, and Lower Gunnison Watersheds."

BCLT Conservation Easement FAQs

Q: What do Conservation Easements do?

A: Conservation Easements might be better thought of as "conservation agreements." These individual agreements between a land trust and a land owner are a tool for permanent preservation of land. Conservation Easements allow land to stay under private ownership and control of the land owner, allow continued agricultural and other historic land uses, can minimize inheritance taxes, and may provide federal and state income tax benefits. A conservation easement is a way to preserve a specific value of the land, while allowing the property owner to continue land use for recreation, farming, forestry, ranching, and/or wildlife habitat.

Q: Do Conservation Easements allow public access on my property?

A: Conservation Easements DO NOT require public access. They also DO NOT change ownership or control of a property, prevent use or future sale of the property, or necessarily prohibit all future development of the property. Landowners who grant easements with BCLT choose whether to open their property to the public. The intention of the landowner determines any public access.

Q: If I donate an easement to BCLT will it become a government holding?

A: No, we are a private, nonprofit, charitable organization. We are not affiliated with the federal government, or any state or local government. Properties with conservation easements through BCLT continue to be PRIVATE property. Conserved Properties can be bought and sold as all other properties.

Q: What is a "qualified" conservation easement agreement?

A: A donated conservation easement may be "qualified" as a charitable gift eligible for state and federal income tax benefits if it preserves natural habitat, preserves open space (including agricultural land) for scenic enjoyment or pursuant to a specific government policy, preserves land for public recreation or education, preserves historically important land or certified historic structures.

For more information please see Internal Revenue Code Section 170(h), Treasury Regulations Section 1.170A-14, and the Colorado Department of Revenue's recently updated FYI Income 39. Additional information is provided in our Conservation Easement Information Packet.

Answers to additional FAQs are available in the documents below:

Answers to Common Questions About Black Canyon Land Trust

Answers to Common Questions About Conservation Easements

Frequently Asked Questions About Appraisals (courtesy of CCLT)

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