Frequently Asked Questions

Q. What is a land conservation program?

A. The goal of a land and water conservation program is to permanently preserve as many natural areas (and sometimes agricultural lands) as possible using money from a dedicated funding source, such as municipal bonds. The best conservation programs strategically target acquisitions with the goal of protecting ecosystems, habitats, watersheds, and endangered and threatened species, and provide matching grants for local government conservation efforts. Land acquisition decisions are made by a designated state review board.

Q. How does state funding result in protected natural areas?

A. A sponsor (local government, nonprofit, private citizen, or other) submits a project proposal to the selected review board outlining the ecological potential of the selected site. If the property meets the requirements of the board, it is placed on the approved acquisition list. In time, an appraisal is done to determine fair market value. In the case of an outright purchase, the state will purchase the land with state bond revenue and place it under protection. Other protection mechanisms such as conservation easements, rights-of-first-refusal, and retained life estates are also used.

Q. Why must the state provide funds for local land protection efforts?

A. Protected natural areas hold ecological and economic value that most significantly benefits the communities surrounding such areas. States often consider it their responsibility to provide the benefits protected areas have to offer, such as improved economies, healthier environments, and more recreational opportunities for their citizens. State funding for these initiatives is the perfect compromise as local governments often lack the economic resources for proper coordination. Furthermore, federal conservation dollars for state projects are dwindling, requiring states and municipalities to step forward on this issue.

Q. What qualifies as a natural area?

A. A “natural area” is defined as an area of unique scenic, historic, geologic, or ecological value, and of sufficient size and character to allow its maintenance in a natural condition through the operation of physical and biological processes, usually without direct human involvement. These areas are set aside to provide locations for scientific observation of natural systems or to protect and/or restore outstanding examples of natural interest and beauty. Natural areas can be either publicly or privately owned.

Q. What is “green infrastructure”?

A. Green infrastructure is our nation’s natural life support system; an interconnected network of protected land and water that supports native species, maintains natural ecological processes, sustains air and water resources, and contributes to the health and quality of life for America’s communities and people. Conservation programs in states such as Maryland and Florida have mapped out the green infrastructure in their states and use this knowledge to target acquisitions. For more information about green infrastructure, see SERC’s Policy Issues Package on this topic.

Q. What are “ecosystem services”?

A. Human societies derive many essential goods from natural ecosystems, including seafood, game animals, fodder, fuelwood, timber, and pharmaceutical products. These goods represent important and familiar parts of the economy. What has been less appreciated, until recently, is that natural ecosystems also perform fundamental life-support services without which human civilizations would cease to thrive. These include the purification of air and water, detoxification and decomposition of wastes, regulation of climate, regeneration of soil fertility, and production and maintenance of biodiversity, from which key ingredients of our agricultural, pharmaceutical, and industrial enterprises are derived. This array of services is generated by a complex interplay of natural cycles powered by solar energy and operating across a wide range of space and time scales. The process of waste disposal, for example, involves the life cycles of bacteria as well as the planetwide cycles of major chemical elements such as carbon and nitrogen. Such processes are worth many trillions of dollars annually. Yet, because most of these benefits are not traded in economic markets, they carry no price tags that could alert society to changes in their supply or deterioration of underlying ecological systems that generate them. Because threats to these systems are increasing, there is a critical need for identification and monitoring of ecosystem services both locally and globally, and for the incorporation of their value into decision-making processes.(1)

Q. How does land acquisition affect public access?

A. State funding for conservation usually serves as a mechanism to provide the public increased access to natural areas. State funds allow the public to access areas that would have otherwise been private property. Generally, recreational activities such as camping, canoeing, hiking, and fishing are allowed and even encouraged. There may be some exceptions in areas that were selected for protection because of the highly sensitive nature of their species and ecosystems.

Q. How does state funding legislation engage nonprofit organizations?

A. By encouraging nonprofits to submit project proposals, the state is attempting to build upon the vast amount of ecological knowledge nonprofit organizations possess. In addition to providing the state with scientific and strategic recommendations on land acquisition, nonprofits recognize the state’s assistance through newsletters, magazines, conferences, and other forums and outlets. This is a no-cost benefit to the state. Also, nonprofits sometimes play a role in helping to acquire preservation land by acting as intermediaries with landowners and assisting them with tax and estate planning issues.

Q. What about property rights and property taxes?

A. Property rights advocates need not worry that their rights will be infringed upon by state land protection activities. These initiatives are strategically tailored to forge public-private partnerships that enable private landowners who use their land in responsible ways to benefit the citizens of the state. Even more significantly, all protection activities are pursued on a voluntary basis.

Preserving public lands does not usually result in increased property taxes; in fact, sometimes property taxes are lowered as a result. Many conservation programs implemented by the state compensate municipalities. Communities should be comforted to know that public lands add more value to a region than any small tax increase could counteract. (See the Fact Pack for more information on property taxes)

Q. What is a conservation easement?

A. A conservation easement is a voluntary agreement between a landowner and a land trust or government agency that protects the conservation values (e.g., forest ecosystems, wildlife habitat, biodiversity, water quality, open space) of a piece of land by permanently limiting its present and future uses. Once a landowner and land trust agree upon the terms of an easement, the trust accepts responsibility for enforcing them, while the land stays under the ownership and control of the landowner. Conserved land may still be mortgaged, sold, or passed on to one’s heirs. In addition, donating an easement may provide the landowner significant estate and income tax benefits.

Q. What is a right-of-first-refusal?

A. A first refusal involves a negative contract obligating the land owner not to part with the land without first offering it to the indicated interested party. For example, if a private property owner decides not to sell his / her land to the state for conservation purposes and instead enters into a right-of-first-refusal contract, the state has the first opportunity to acquire the property should the owner again decide to sell.

Q. What is a retained life estate?

A. A retained life estate is a gift plan defined by federal tax law that allows a landowner to donate property to a government agency or land trust while retaining the right to live on it for the rest of their life, a term of years, or a combination of the two. A landowner may also use a vacation home to create this kind of gift. While landowners retain the right to live on their property, they continue to be responsible for all routine expenses – maintenance fees, insurance, property taxes, repairs, etc. If the landowner later decides to vacate their property, they may rent all or part of their property in cooperation with the custodial government agency or land trust. When the landowner’s retained life estate ends, the government agency or land trust can then use the property or the proceeds from the sale of the property for the purpose designated by the landowner.

Q. How does the state determine the price it will offer a landowner?

A. The property is appraised to estimate its market value. For most land acquisition projects, two separate appraisers are hired. Appraisals are used as a basis for negotiations. A landowner should never expect less than fair market value for his / her property.