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AFM NEWS

Keeping Farmland Alive: Strategies for Effective Land Preservation

2024/06/25
Farmland

Preserving farmland is crucial for sustaining agricultural production, protecting natural resources, and maintaining rural landscapes. In North Carolina, initiatives like Voluntary Agricultural Districts (VADs) play a pivotal role in ensuring the long-term viability of agriculture and safeguarding the environment. Landowners also have the opportunity to engage with land trusts to help enter into a conservation easement to maintain agricultural traditions for years to come.

Voluntary Agricultural Districts are a proactive approach to land-use planning that promotes agriculture as a vital sector of the economy and a fundamental aspect of the state’s heritage. Managed by local governments in collaboration with agricultural stakeholders, VADs encourage landowners to voluntarily enroll their properties in designated agricultural districts. By joining a VAD, landowners can illustrate their commitment to agriculture and impose enhanced legal safeguards against all forms of non-farm development.

Land trusts are community-based non-profit organizations that are dedicated to preserving and conserving land with historical, agricultural, recreational, or scenic significance. As with VADs, land trusts are completely voluntary. Whether purchasing land directly or managing land that has already been conserved, land trusts work to preserve land for public benefit. According to the United States Census Bureau, land trusts have conserved 61 million acres of land, with 80% providing public access to these protected lands. In order to maximize the impact of conserved land, land trusts will facilitate conservation easements to ensure that the property is protected in perpetuity.

Conservation easements are legal agreements between landowners and conservation organizations or government agencies that restrict development on the property while allowing agricultural activities to continue. Landowners may choose to enter into a conservation easement to protect habitats for wildlife, preserve open space and land for recreation or entertainment, or protect historically significant locations. At least one of the mentioned protections must be applicable to IRS guidelines to qualify for a conservation easement. Additionally, these easements offer financial incentives and tax benefits to landowners who commit to preserving their land’s agricultural and environmental value.

Establishing a conservation easement involves several steps:

1. Assessment: Evaluate the land’s agricultural, ecological per, and scenic values.

2. Planning: Develop a conservation plan outlining the terms of the easement. This will include rights and restrictions as well as allowable uses, like timber harvesting and other forest management activities. Research and consider opportunities for grants and other resource funds.

3. Documentation: Prepare legal documents detailing the easement’s terms and conditions.

4. Approval: Obtain approval from relevant authorities and organizations.

5. Monitoring: Ensure compliance with the easement terms through periodic inspections.

While there are a myriad of resources available to help landowners initiate and maintain a conservation easement, this process is not for the faint of heart and should be done in conjunction with a professional land manager, accountant, and attorney.

One of the significant advantages of conservation easements is the potential for tax benefits. Landowners who donate or sell a conservation easement may be eligible for federal income tax deductions, reduced property taxes, and estate tax benefits. Finding a local appraiser who is well-versed in the area’s real estate market is essential. These financial incentives make conservation easements an attractive option for landowners looking to protect their land’s value while supporting agricultural and environmental conservation efforts.

Voluntary Agricultural Districts, land trusts, and Conservation Easements are essential tools for farmland preservation. Landowners should meet with trusted advisors to determine which opportunity best suits their needs and objectives for their land. If a landowner determines that one of these programs or partnerships is the right fit, we can ensure the sustainability of agriculture and protect natural resources for future generations.