Please also take a look at our Landowner's Guide for additional information.

What is a conservation easement?
A conservation easement is a legally binding contract between a landowner and a land trust. With this contract, the landowner agrees to permanently eliminate some of the uses of their land, while retaining ownership and control. The landowner and land trust work together to determine which uses should be prohibited to protect the conservation values of the land and which uses should be retained for future owners. For instance, our easement donors usually decide to retain the right to continue to live on the land, to farm and manage timber, enjoy hunting and other pursuits, to allow for a limited number of additional future residences for their children, and to sell, lease or bequeath the land to their heirs. In accepting the easement, the land trust is obligated to forever ensure the provisions of the easement are upheld.
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What is a land trust?
A land trust is a private, non-profit organization with a mission to help landowners protect the natural character and valuable natural resources on their property. Even on private land, protecting these conservation values benefits both future generations of landowners and the community as a whole.
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Why do landowners donate conservation easements?
In most cases, the desire to protect the natural and rural character of the land, as well as its natural resources motivates a landowner to donate a conservation easement. Most Lowcountry landowners have a deep-seated connection with their land and want to protect that natural heritage. Those who have inherited family land from several generations feel obligated to pass it on intact to their children.

A well-designed conservation easement will allow a landowner to prevent unwanted uses but encourage traditional, low-impact activities that can generate income. It can be a valuable tool for estate planning as well, since an easement is likely to reduce the taxes paid by the beneficiary of the land. Perhaps most of all, an easement will provide a landowner with peace of mind in knowing that people with similar values and objectives will forever keep a vigilant watch over the land they love.
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What are the financial incentives for donating a conservation easement?
There are several significant tax incentives for donating a conservation easement in South Carolina. Conceptually, an easement reduces the development potential of a property, thereby decreasing its market value. Since resource conservation, even on private land, is in the public interest, the market value of that reduction may be considered as a charitable donation by the IRS and by the SC Department of Revenue.

In general, the IRS allows the donor of a qualified conservation easement to take an income tax deduction for as much as the full value of that donation, limited to 30% of the donors adjusted gross income, over the course of six years.

Since June of 2001, the S.C. Department of Revenue has allowed easement donors to claim an income tax credit for up to 25% of the value of their donation, capped at $250 per acre. No more than $52,500 of the total credit may be used in a single year, but the remainder may be carried forward indefinitely or even sold, gifted or bequeathed.

A conservation easement may also significantly reduce the estate taxes that must be paid by the heirs of the property. This is especially valuable for families that have land as a significant portion of their net worth. Furthermore, legislation passed in 1997 may allow the remaining value of land protected by conservation easement to be reduced by 40% for the calculation of estate taxes.

For more information, visit our Tax Benefits of Conservation page.
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What are the costs of a conservation easement?
The Lowcountry Open Land Trust recommends that a landowner review a draft of the conservation easement with appropriate professional advisors.
• An appraiser can determine the market value of the conservation easement, which is required if the landowner intends to claim income tax benefits.
• An attorney should review the draft conservation easement to provide legal advice.
• An accountant can determine the income tax implications of the donation.
• An estate planner can review the implications of the easement for the landowner’s estate.

In addition, the Land Trust will require a legal description of the property and verification of title from a real-estate attorney, and a surveyor may be needed to clearly delineate the property to be protected.
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How much is a conservation easement worth?
The financial value of a conservation easement depends on the land it protects, the surrounding conditions and the extent of the restrictions placed on the use of the land. Generally, the more restrictive the easement, the higher the easement value is. To determine the easement value, the land must be appraised at its fair market value both with and without the easement restrictions. The difference in these appraisal values at the time the easement is put in place becomes the value of the easement. It is this value that may be used for tax purposes. Commissioning an appraisal is the responsibility of the landowner, and it is important to use an appraiser experienced with the specialized nature of conservation easement appraisals.
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What types of land can be protected by a conservation easement?
Most private land having significant ecological, historic, scenic or natural resource value provides a benefit to the public and can therefore be protected by an easement. This includes forests, wetlands, waterways, farmland, endangered species habitat, beaches and other natural or historic areas. In regard to tax benefits, the Internal Revenue Service regulations have specific criteria for eligibility for a qualified conservation easement. Generally, however, these criteria are met by an easement with the Lowcountry Open Land Trust.
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Does the Lowcountry Open Land Trust accept all easement offers?
Conservation easement projects are evaluated on a case-by-case basis. LOLT staff members visit each potential site to assess its specific conservation values. If the property is determined to have significant conservation values, then the Land Trust must be sure that its involvement will bring a meaningful contribution to the protection of those values. The next consideration is the degree to which the rights and uses that the landowner wishes to retain are compatible with the long-term protection of the conservation values. The Land Trust must also evaluate the long-term cost and feasibility of ensuring the terms of the easement are upheld. These decisions are made by LOLT’s Board of Trustees based upon the recommendations of the staff.
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How long does a conservation easement last?
All easements accepted by LOLT are perpetual, which is also a requirement of the IRS for a charitable deduction. Therefore, the terms of the easement apply to all present and future owners of the land.
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What are some disadvantages of donating a conservation easement?
A conservation easement restricts the economic and development potential of the land, which reduces the fair market value for both current and future owners. Although this can limit the number of potential buyers for the land, experience has shown there is a growing market for conservation lands. While the income and estate tax benefits of an easement can be substantial, the short-term profit derived from selling the land to a developer will most always outweigh the potential tax savings. Ultimately, a landowner must be absolutely certain that they can live with the restrictions imposed by an easement, as these restrictions are forever binding once the easement has been executed.
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Will a conservation easement grant public access to the property?
No, unless that is the intent of the landowner. Easements donated to the Land Trust do not require public access. Although a conservation easement must provide a public benefit in order to qualify for the income and estate tax incentives, the IRS and S.C. Department of Revenue recognize the significant public benefit provided by the protection of conservation values on private land.
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Who actually owns land protected by conservation easement?
The landowner retains ownership of the land. Only those rights and uses donated by the conservation easement are removed from the landowner’s control. The landowner can continue to live on the land, engage in all activities allowed in the easement and transfer ownership to others.
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What types of uses are allowed by a conservation easement?
Traditional and historic uses, such as farming, forestry, wildlife management and hunting, are often allowed in a typical easement. In all easements, the landowner retains the right of privacy, to transfer ownership, to maintain and replace houses and other structures and to take whatever actions may be necessary to maintain the existing conditions. It is appropriate for some landowners to retain the right to subdivide and build a limited number of additional residences.
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What types of uses are not allowed by a conservation easement?
In order to protect the conservation values of the land, a conservation easement will prohibit industrial and most commercial activities, restrict subdivision and the number and size of structures, limit the activities that would be permitted in and around valuable natural features such as wetlands and protect the natural character of the property. In essence, the landowner gives up those rights and uses that would damage or destroy those features that make the land natural and beautiful.
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Who is responsible for maintenance and liability on a property protected by conservation easement?
In retaining ownership and control, the landowner remains responsible for all maintenance and liability issues.
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Do other organizations accept conservation easements?
There are a number of other private, non-profit organizations that accept conservation easements in the Lowcountry. They include organizations that are active statewide as well as those that have a smaller, more local focus. These organizations have come together to form the South Carolina Land Trust Network.
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Can a conservation easement be donated by will?
A landowner may specify by will that a conservation easement be placed on his property upon his death. In addition to consulting a tax advisor or estate planner, the landowner should contact the Lowcountry Open Land Trust as part of his estate planning to negotiate the broad terms of such an easement. If the easement qualifies under federal tax law, it can be expected to reduce the value of the land included in the estate and, therefore, any estate taxes due.
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Is land protected by conservation easement immune from condemnation?
A conservation easement will not automatically prevent public condemnation. The State’s power of eminent domain will supercede any number of private covenants, easements or other legal devices. Having an interest in the property through a conservation easement, LOLT will partner with the landowner to fiercely oppose any government action that would damage the conservation values of the property.
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How long will the easement design process take?
The time it takes to design and execute a conservation easement depends upon many factors, including the size and complexity of the property and its ownership, but usually will fall into the 5 – 7 month range. At minimum, this process involves,: an intensive inspection of the property; the negotiation and design of the easement document, and; the legal execution of the conservation easement. In addition, the LOLT Land Protection Committee and the full Board of Trustees must review and approve all prospective easements. A landowner also needs time to contemplate both the easement and a partnership with LOLT as well as consult qualified appraisers, attorneys, and other advisors to ensure the easement reflects their long-term interests. An interested landowner should begin talking to LOLT staff in the spring to ensure completion of an easement that fiscal year. Landowners should not expect to complete an easement by December 31 if they contact LOLT after September 15.
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Is the landowner ever obligated to proceed with a conservation easement?
A landowner may stop the donation process at any point up until the conservation easement has been signed and executed, and may begin again at any time in the future. LOLT is as concerned about the future interests of its partner landowners as it is about conservation. Furthermore, our long-term viability depends on the trust and goodwill of our easement donors, who are our best advocates. Not only is it not in our interest to have an unhappy easement donor, but also an easement must be voluntary in order to qualify for the substantial tax benefits that may be available to the donor.
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What does the Lowcountry Open Land Trust gain from accepting a conservation easement?
LOLT is a private, non-profit conservation organization with a mission to preserve the natural beauty, the natural resources and the natural landscape on property in the Lowcountry for all residents and future generations to enjoy. Each acre of property we help protect is a step in the direction of accomplishing our mission.
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Does the Lowcountry Open Land Trust charge a fee?
LOLT funds its operations through contributions of its loyal membership and through the support of private foundations. At this time, we do not charge a fee for the time and effort required to design and execute a conservation easement on family lands. We do, however, request that all easement donors make a meaningful contribution to our Stewardship Fund. This fund has been established specifically to support annual monitoring of each protected property and, when necessary, enforcement of the easement terms. A stewardship contribution is tax-deductible and may be made in either a single lump sum or spread over a period of several years. Our easement donors are also encouraged to contribute annually to our operations by becoming a member, which helps offset the cost of providing easement design services to new easement donors.
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How can I find out more about donating a conservation easement on my property to Lowcountry Open Land Trust?

You can call us at (843)577-6510 to speak with our staff to find out more about donating an easement on your land, or you can fill out a information request form or email us at info@lolt.org .  We also recommend that you read through our Landowner's Guide for more details on conservation easements, the donation process, and a summary of tax benefits.

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