Conservation Easements: Benefiting Landowners and Our Community

Conservation easements are real property interests that legally restrict how land can be used. They are voluntary agreements between landowners and Boulder County (or other qualified holder) that are designed to protect important conservation values, such as agricultural land, wildlife habitat, and scenic open space. The land remains privately owned, so the landowner retains the right to use the land and all management responsibilities.  The landowner agrees to limit the development and allowable uses on the property and retains all rights not limited by the conservation easement.

The holder of the conservation easement agrees to monitor the property for compliance with the terms of the conservation easement, to ensure that the property is protected as agreed from development and other land uses that would negatively impact the property’s conservation values.  When the landowner conveys the property to someone else, the conservation easement continues to encumber the land and its uses.
 

Boulder County’s Conservation Easement Program

More than 36,000 acres and nearly 700 private properties are protected by conservation easements that Boulder County holds.  These include:

-        Agricultural properties that help preserve working farms and ranches;

-        Mountain properties that protect significant natural habitat;

-        Properties that preserve scenic open space and buffers around municipalities; and

-        Rural properties that preserve natural areas, agricultural land, historically important buildings and pastoral character.
 

Ways to Protect Your Property For Future Generations

Landowners who desire to protect their property by conservation easement are encouraged to contact Boulder County’s Conservation Easement Program staff to determine which of the following programs can apply.  County staff will visit the property to assess its conservation values and will work with landowners throughout the process of negotiating, obtaining approval by the Boulder County Commissioners and closing the transaction.  The process typically takes several months, particularly for donations, because state and federal regulations require the landowner to have an appraiser prepare a detailed appraisal of the property. 
 

1.  Conservation Easement Donation

Landowners who believe their properties have significant conservation values and desire to protect them in perpetuity are encouraged to consider donating a conservation easement to Boulder County.  Landowners whose donations qualify may be eligible for tax deductions (federal) or credits (Colorado).

Boulder County may decline a conservation easement donation offer, and even if Boulder County accepts a conservation easement donation, that acceptance does not mean that the donation will receive tax benefits.  Please consult qualified independent professionals to obtain legal, financial and tax advice before concluding that a donation of a conservation easement over your property would be eligible for tax benefits.  Boulder County cannot give legal, financial or tax advice to landowners, and the County makes no representations, implied or otherwise, as to the tax treatment a transaction may receive. 
 

2.  Conservation Easement Purchase

When Boulder County believes properties have exceptional conservation values, Boulder County may consider purchasing a conservation easement.  This occurs in very limited circumstances.

3.  Transferable Development Right (TDR) Conservation Easement

a.  Defined municipal area – A landowner whose property lies near a municipality and within an area defined in Boulder County’s land use regulations and intergovernmental agreements may qualify to ‘send’ a transferable development right (TDR) to a designated receiving site.  The landowner is required to grant a conservation easement to Boulder County over the sending property in exchange for the TDR, which the landowner sells to a developer who uses it to develop a residence on the receiving property.

b.  Countywide – Landowners may restrict the size of their residences in return for transferable development credits (TDCs) that can be sold to other landowners or developers directly or through Boulder County’s TDC clearinghouse.  Properties with significant conservation value may qualify for bonus credits.  Please see Boulder County’s TDC Clearinghouse at www.bouldercounty.org/lu/tdc/ for more information.

4.  Non-Urban Planned Unit Development (NUPUD) Conservation Easement

Boulder County also holds conservation easements created through the non-urban planned unit development process.  Few properties remain large enough to qualify for this program.  Interested landowners can contact the County’s Land Use Department at 303-441-3930 for information.
 

Partnering with Boulder County

After a landowner grants a conservation easement to Boulder County, they are partners in protecting the property’s conservation values.  Boulder County’s conservation easement program staff can be a great resource for landowners who have questions about managing their property and what uses are allowed after the easement has been granted.

Contact

If you would like to discuss the idea of placing a conservation easement on your property to preserve it for open space, please call our Conservation Easement Program Manager, Janis Whisman, at 303-678-6263 or email jwhisman@bouldercounty.org for more information.

Download Boulder County's Conservation Easement Program brochure (1.6MB pdf)

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