Conserve the Land You Love
Across America, thousands are committed to preserving valued places. Landowners, deeply connected to their land, recognize the importance of undeveloped properties for clean air, water, wildlife habitats, and scenic beauty. Unfortunately, these special areas often disappear due to development.
The conservation of natural lands and of working farms and forests can generate financial returns, both to governments and individuals, and create significant cost savings.
In addition to health and food benefits, conserving land increases property values near greenbelts, saves tax dollars by encouraging more efficient development, and reduces the need for expensive water filtration facilities. Study after study has demonstrated the tremendous economic benefits of land conservation.
Conserving natural lands, working farms and forests, and the creation of trails and parks are often viewed in terms of their costs. Yet these often generate financial returns, both to governments and individuals, and create significant cost savings to governments in the provision in services. Preservation projects can have a greater economic return than the money initially invested into the project. This is not meant to state that conservation is always good and development always bad. Nor is it meant to diminish the importance of the environmental reasons for conservation.
We offer a variety of voluntary conservation options that provide flexibility for landowners while ensuring lasting conservation benefits. These options can also offer significant income and estate tax advantages, which you should discuss with your legal and financial advisers. In northeast Michigan, private landowners have permanently protected over 13,000 acres and 37 miles of shoreline in partnership with HeadWaters Land Conservancy.
Conservation Easements
A conservation easement (CE) is a voluntary legal agreement between a landowner and a conservancy, like HWLC, that permanently protects a property’s natural characteristics by limiting its use. The land remains privately owned, with the landowner retaining some rights, such as hunting, fishing, sustainable timber harvesting, building certain structures, and selling the property. Restrictions typically include property division and the location and number of structures.
Conservation easements are recorded at the county Register of Deeds and apply to future owners. Unlike deed restrictions, conservation easements come with a commitment from the land trust to monitor the property and ensure compliance.
Public access is not required, and landowners remain responsible for property taxes. However, a conservation easement does not guarantee reduced property taxes, as the restricted property value is often higher than the current taxable value.
Land Donation
Donating land for conservation is a significant legacy. When HWLC accepts a land donation, the property becomes a public nature preserve for activities like hiking, bird watching, and snowshoeing. HWLC marks boundaries and installs signs, and may add trails, interpretive signs, or host educational events based on the property's size, location, and features. Prohibited activities typically include biking, camping, hunting, dumping, motor vehicle use, horseback riding, and fires. Most land donations qualify for a tax-deductible charitable donation under IRS requirements.
Non-Conservation Land Donation
Sometimes, a landowner wants to donate property that doesn’t meet the conservancy’s land protection criteria. In this case, the landowner may still decide to donate the property with the understanding that the conservancy will sell the land and use the proceeds to fund other land protection projects. A donation like this may still qualify for a charitable income tax deduction.
Bargain Sale
In a bargain sale, a landowner sells their land to a conservancy for less than fair market value. A bargain sale provides the landowner with cash and may qualify them for a charitable income tax deduction, and the land is more affordable for the conservancy.
Assist Projects
Sometimes HWLC will help protect land that will eventually be owned and managed by a government entity. By working with townships, counties, and the State of Michigan, HWLC can provide technical resources, knowledge, and support to add locally important parcels to our public recreation system.
Life Estate
In a life estate, a landowner can donate their land to the conservancy but continue to live on the property for the remainder of your life.