Little Traverse Conservancy
Land Protection Tools
Protecting Your Land
There are many different ways in which you and the Little Traverse Conservancy can work together to protect your land. Whether you want to maintain ownership, sell, or donate your land for protection, explore all of your options for permanently protecting the scenic and ecological values of your property. Scroll down for some basic information about the primary methods of protecting land. Our Landowner Options Booklet offers a brief summary as well.
These are many nuances to each of these land protection tools. Please do not hesitate to contact us if you would like more information about any of them, or you would like to arrange for a site visit with our staff.
See below for some Frequently Asked Questions.
Few more enduring legacies can be imagined than the protection of a natural landscape. The Conservancy accepts gifts of land which has unique ecological, recreational, or scenic value. Land which does not meet these criteria may be donated with the understanding that the Conservancy will sell the land and use the proceeds to purchase other significant natural lands.
In either case, you may claim an income tax deduction based on the land’s fair market value at the time of the gift. The Conservancy is happy to name the resulting nature preserve in your honor or the memory of a loved one. Leaving land to the Conservancy in your will allows you to retain full use and control of the land during your lifetime, ensuring its care after you are gone.
Because the gift must be formally accepted after your death, we urge you to share your plans with us in advance so that we may assure you that the gift meets our criteria for acceptance.
Land is occasionally purchased for conservation purposes by various governmental units and by the Conservancy. Sales below market value (“bargain sales”) involve the gift of a portion of the property’s value by the donor. The amount of the gifted portion can be deducted from the donor’s federal income taxes.
A working forest reserve is a relatively new category of protected lands for Little Traverse Conservancy. Little Traverse Conservancy’s working forest reserves are protected lands that may be enrolled in the Commercial Forest Act Program (CFA). CFA designation means the land has or will always be actively managed for timber production.
CFA designation also requires that the land be open to the public for hunting. Currently (Spring, 2018), Little Traverse Conservancy owns 21 working forest reserves encompassing 2,863 acres throughout our service area.
You can continue living on your land, managing it – even selling it whenever you choose – by entering into a conservation easement agreement with Little Traverse Conservancy. This legally binding agreement stays with the land regardless of future ownership.
A land trust is a non-profit organization directly involved in the permanent protection of land and its resources for the public benefit. A trust may operate on a local, state, regional, or national level. A land trust is a private alternative to land preservation by public agencies or park districts.
The land trust gives local citizens concerned about open space issues to preserve areas critical to the community. It also offers options to landowners interested in protecting their land. Land trusts are not “trusts” in the legal sense.
Some refer to themselves by other names such as conservancies, foundations, or associations. Land trusts accept properties, buy land, or help landowners establish legal restrictions that limit harmful use and development. Land trusts may own and manage properties, monitor the limits they have allowed set for landowners, and work in partnership with other agencies.
Little Traverse Conservancy is unique in the land trust world because it also offers free environmental education programs all year round.
As community organizations, land trusts are responsive to the land and people’s unique needs in their regions. As private organizations, land trusts can offer quick response, flexibility, and confidentiality in land transactions.
Nope!
We are more than 4,000 people like you who want to protect Northern Michigan’s unique places and characteristics. Together, with professional staff and hundreds of volunteers working on the ground, we are one of the oldest and most established land trusts in the Midwest. We comprise a broad coalition of northern Michigan residents, resorters, landowners, conservationists, and developers.
Our supporters are bound together by a common interest in establishing a healthy balance between development and the need to protect northern Michigan’s scenic beauty and natural integrity.
One way to visualize a conservation easement is to think of owning land as holding a bundle of sticks. Each one of these sticks represents the landowner’s right to do something with their property. The right to build a house, extract minerals, lease the property, pass it on to heirs, or allow hunting are all rights that the landowner has.
A landowner may give up certain development rights or sticks from the bundle associated with their property through a conservation easement document. The easement will carry with the property for perpetuity, regardless of future ownership.
People grant conservation easements because they want to protect their property from future unwanted development, but they also wish to retain their land ownership. A conservation easement ensures that the property will be protected forever, regardless of who owns the land in the future. An additional benefit of granting a conservation easement is that the donation of an easement may provide significant tax and estate planning advantages to the donor.
The activities allowed by a conservation easement depend on the landowner’s wishes and property characteristics. In some instances, no further development is permitted on the land. In other circumstances, some additional development is allowed (such as for agricultural use), but the amount and type of development are less than would otherwise be entitled.
Every easement is unique and tailored to a particular landowner’s goals for their land.
Conservation easements may be designed to cover all or only a portion of a property. Agricultural activities and timber management are two activities that are sometimes retained within the easement terms.
The landowner continues to own the property after executing a conservation easement. Therefore, the owner can sell, give, or lease the property as before. However, all future owners of the land must abide by the terms described in the conservation easement.
The public does not have access to a property protected by an easement unless the original landowner who grants the easement specifically allows it. Most easement donors do not allow public access to the property.
The landowner retains full rights to control and manage their property within the limits of the easement. The landowner continues to bear all costs and liabilities related to ownership and maintenance of the property. The Conservancy monitors the property annually to ensure compliance with the easement’s terms. Still, it has no other management responsibilities and exercises no direct control over other land activities.
Nope!
Some easements only cover a portion of the landowner’s property. Again, it depends on the landowner’s wishes.
IRS regulations require that the property have “significant” conservation values. This includes forests, endangered species habitat, wetlands, beaches, scenic areas, and more. In those instances in which a landowner chooses to allow public access, IRS recognizes this as a public benefit.
The Conservancy also has its criteria for accepting easements. At the landowner’s invitation, the Conservancy staff will evaluate the property to determine whether it meets these criteria.
Ultimately, the Conservancy’s Board of Trustees decides which easements to accept.
Not every property is appropriate for a conservation easement. Some of the reasons why an easement would not be acceptable include:
- The property is too small or does not meet Conservancy land protection.
- The complicated nature of the property makes it too difficult to enforce the conservation terms.
- The property is part of a permit/mitigation scenario.
These issues will be thoroughly discussed with the Conservancy staff.
