What are conservation easements?
Under Virginia’s Open-Space Land Act, open-space easements (also commonly called “conservation easements”) are voluntary and perpetual legal agreements between a landowner and a public body. They typically limit development and prohibit certain uses of the land while allowing landowners to continue living on the property and managing the land for farming, forestry, or wildlife habitat. Easements run with the land, meaning they are not affected by a change in ownership.
How do I put my land under conservation easement?
Several organizations accept conservation easements on land in Albemarle County, and each organization has its own process. This section explains how easements work with one specific organization, the Albemarle Conservation Easement Authority (ACEA), which was established by the County to hold easements.
To put land under conservation easement with the ACEA, you must first complete a short application form on Civic Access. After you apply, County staff will work with you or your attorney to discuss your goals for the project and plans for the property. Staff will then identify the property’s natural, scenic, and/or historic resources and propose a set of restrictions that will protect those resources. Once you are comfortable with the proposed terms, staff will present the proposal to the ACEA, which may accept, reject, or accept with modifications the proposal.
If your proposal is accepted by the ACEA, your attorney will then write a draft of the legal deed, which will be reviewed by the County Attorney’s office. Once the deed is complete and has been signed by you and by the ACEA chair, it can then be recorded at the courthouse. (You can view the current deed template here.) You may change your mind at any time until the deed is signed and recorded. Once the deed is recorded, it cannot be undone.
No payment is exchanged for the conservation easement. It is considered a donation, and as such may be eligible for State or Federal tax credits. The County cannot offer tax advice; please speak to a professional for more information.
To start an application for a donated conservation easement, click here. If you have any questions about the donation process, please contact James Van Vranken at jvanvranken@albemarle.org or (434) 296-5832, ext. 3030.
What is the Albemarle Conservation Easement Authority?
The Albemarle Conservation Easement Authority (ACEA) is a public body established by the Board of Supervisors pursuant to §10.1-1701 of the Code of Virginia. The ACEA holds donated conservation easements in the County, as well as easements acquired through the ACE Program and Rural Preservation Development (RPD) easements (both of which it co-holds with the Board of Supervisors). Authority members are appointed by the Board of Supervisors, but the Authority is a political subdivision of the Commonwealth of Virginia.
What is the ACEA’s role as easement holder?
Once an easement has been recorded, the ACEA has a responsibility to the public interest to ensure that landowners abide by the restrictions in their deed.
County staff, on behalf of the ACEA, conduct routine monitoring visits of all properties under conservation easement. These visits are an opportunity for staff to meet landowners and assist them with concerns or questions about the easement. Staff will take photos of the property at each visit to record observed and potential changes
Other stewardship duties include responding to landowner questions about their easement, reviewing and approving (when required by the deed) certain activities such as forestry or construction, and conducting monitoring visits to investigate potential violations.
Need help with an existing easement?
i) Making changes to your land
Some activities require notification to or written approval from the easement holder. Each deed is different, but activities that may require notification or approval include:
- Changes in property ownership (notification only)
- A subdivision of property
- Construction of new buildings
- Timber harvesting
If in doubt, please get in touch with us to discuss your plans. You can contact James Van Vranken at jvanvranken@albemarle.org or (434) 296-5832, ext. 3030.
ii) Amending a deed of easement
Easements may be amended to strengthen the protection of conservation values on the property or to expand the area under protection. They may also be used to correct errors in older easements or to bring outdated easement terms up to current standards. Please contact ACEA staff if you have questions about a possible amendment.