In many situations there are oppor
tunities to get paid to keep your timberland as a well-managed working forest. This can be done in order to protect the forest resource or to protect the habitat the forest provides and is generally accomplished by means of a Conservation Easement. At FORECON we have experience in many aspects of conservation easements.
We recently completed two projects with the Natural Resources Conservation Service (NRCS) of the US Department of Agriculture (USDA), where the landowners received money in exchange for a Conservation Easement, which included the implementation of a Forest Management Plan. The project was part of the NRCS’s Healthy Forests Reserve Program (HFRP), which was designed to assist landowners, on a voluntary basis, in restoring, enhancing and protecting forestland resources on private lands through easements, including either perpetual easements, 30-year easements or 10-year restoration agreements. The stated objectives of the HFRP are to: promote the recovery of endangered and threatened species under the Endangered Species Act (ESA); improve plant and animal biodiversity; and enhance carbon sequestration. In our situation, various landowners were contacted by the NRCS because their forested properties were within a predetermined distance of a known Indiana Bat hibernaculum, which is a federally endangered species. The landowners’ properties were considered to be prime summer maternity sites. After initial discussions between the landowners and NRCS officials, the landowners expressed an interest in further negotiations.
Following the enrollment by the landowners in the HFRP program, the NRCS retained FORECON, Inc. to perform a timber inventory together with an appraisal of the subject property. In this situation, the appraisals were to be three part assignments; the first being an appraisal of each property in its current condition before the conveyance of the proposed Conservation Easement. The second step was an appraisal of each property immediately after the conveyance of the Conservation Easement. The third and final step was to calculate the implied value of the Conservation Easement by subtracting the after value from the before value. This difference was then the value to be paid to the landowner for agreeing to the terms of the Conservation Easement. All expenses, including the timber inventory, management plan, appraisal and survey were paid by the NRCS.
Conservation easements can be very complex and are often perpetual (but can also be for a specified term), and legal advice in developing one is strongly recommended. In the situations described above, the easements generally restricted further development or subdivision of the property and placed restrictions on forest management activity. Meanwhile the landowners were permitted to hunt on the property, restrict access to the public and manage the timber resource, subject to the terms of a Forest Management Plan developed by the USDA.
While this is a unique example, there are often local, regional or national Conservation Organizations or Land Trusts that are looking to preserve managed working forests. While these easements are not for everyone, they may be something that you and your family would like to consider. information please contact FORECON to discuss your situation.
By Rick Constantino, Senior Biologist/ECO Services Manager
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