Presentation by The Virginia Outdoors Foundation on permanent land conservation opportunities in Virginia. Presentation by Kristin Ford at The Piedmont Environmental Council's "Sources of Funding for Land Management and Land Conservation" event on April 23, 2014.

1. Kristin Ford, Assistant Director of
Easements
kford@vofonline.org
434-293-5169

2. Preserving Open-space: protecting the farm and forest resource
base from suburban sprawl and urbanization.

3. VOF’s Mission:
• The Virginia Outdoors Foundation (VOF) was created by
the General Assembly in 1966.
• “The Virginia Outdoors Foundation is established
to promote the preservation of open-space lands
and to encourage private gifts …to preserve the
natural, scenic, historic, scientific, open-space and
recreational areas of the Commonwealth.”

4. Since 1966, the
Virginia Outdoors
Foundation has
helped protect
approximately
730,000 acres of
land in the
Commonwealth.

5. Easement Characteristics:
•Voluntary
•Flexible to protect unique land features and
allow for individual situations
•Perpetual (required for tax benefits)
•Cost effective— keeps land on tax roles
•Significant tax benefits
•The community benefits as well, as easements
protect air quality, soil, water quality, rural
character

6. WHY
WOULD A
LANDOWNER
GIVE AN
EASEMENT?
The first and great reason:
Landowner loves his land and wants it to stay rural.
Farmer wants his farm to remain a farm in next generation
Landowner wants to keep a place for wildlife
Parents want a family place to be able to stay in the family
The other reason: significant tax benefits
Tax Benefits:
•Estate and Inheritance Tax
Reduction
•Estate Tax Exclusion
•Real Estate Property Tax
Reduction where no Land Use
Tax exists
•Federal Income Tax deduction
•VA Transferable Tax Credit

7. What is in a deed of easement?
Recitals– reasons for protecting this property
Terms– specific restrictions
Technical provisions– give the easement legs to stand

8. Two choices for easement terms:
Standard VOF conservation easement
New working farm or farmstead variant

9. VOF GuidelinesVOF Guidelines
Terms vary depending on
– property’s size
– its physical characteristics
– and its conservation values.

10. Standard VOF
Conservation Easement Terms:

11. Division of land permitted:
Best always to remain as a whole.
Over 150 acres-- two parcels possible depending on
individual property’s conservation values and character
300 acres could be as many as three depending on
characteristics and conservation values.

12. • DwellingsDwellings:: Two dwellings permitted for
each permitted parcel. The second dwelling
might be a guest or farm manager’s house
• 4500 sq. ft review size max for each house
• 6500 sq ft total per parcel or per 100 acres

13. Other easement terms:
• Forest Management: BMP’s and
Pre-harvest Plan
• Farm Buildings: 4,500 to 10,000
sq ft review size depending on
property’s size and use.
• Stream Buffers: strongly
recommended esp. for perennial
and significant streams or rivers.

14. Working Farm Variant

15. Working farm variant contains a Farmstead
where more flexibility is permitted in
exchange for fewer divisions:
Large farm buildings in farmstead by right

16. Working Farm variant also permits:
• more flexibility in uses in a designated
Farmstead
• Housing without limitation in Farmstead
• Ag processing buildings of any size in the
Farmstead

17. Steps in
conveying an
easement:

18. • Step One: Contact VOF
Office to get information
• Step Two: Farm visit
• Step Three: Landowner consults advisors
and family and decides to proceed. VOF and
landowner agree on terms for easement
• Step Three A: Talk to mortgage holder
if there is a mortgage on the property.

19. Steps Four through Six:
• VOF staff does research on the property
• the landowner’s lawyer does a title search
• the landowner, his lawyer, and VOF
develop a deed of easement agreeable to all.

20. Step Seven: VOF Board of Trustees meets and
approves the easement proposal.
Step Eight: VOF staff makes second farm visit to do
Baseline Documentation Report

21. • Step Nine: Finalizing deed of easement
• Step Ten: Recording deed in the county
courthouse.
• Extra step: crow with satisfaction that your
land is forever protected.

22. Open-space Lands Preservation Trust Fund

23. 1997 VA General Assembly created a new fund:
Open Space Lands Preservation Trust Fund
to assist landowners with the costs of conveying
open-space easements and (when funds allow)
the purchase of all or part of the value of the
easements.

24. Open-SpaceOpen-Space PreservationPreservation TrustTrust
FundFund
• Costs That the Fund May Reimburse:
• 1. Legal costs
• 2. Appraisal and other costs
• 3. All or part of the easement's value
• Priority May Be Given In Applications That:
• 1. Seek cost-reimbursement only
• 2. Demonstrate financial need
• 3. Cover a family-owned and operated farm

25. Conservation Easements – a flexible, cost effective choice for
private landowners to safeguard rural lands and resources.