Different Types of Conservation Easements available to MN Landowners
There are several types of conservation easements available in MN, with the type primarily dependent on the category of land and the landowner in question. Several conservation programs particularly target farmland, either to retire it and return it to a more natural state or to protect it from development. These conservation programs are overseen by the US Department of Agriculture and have been introduced and amended by several US Farm Bills. Many of these easements are offered for a limited duration, with the option of extending into perpetuity (Jordan, 1993). Other types of easements, such as those overseen by the DNR or by private land trusts, focuse more on open space, perpetual conservation easements that are meant to permanently restrict development on the land. Although many tend to think of conservation easements primarily as the 'forever wild' easements popularized by larger organizations such as Sierra Club or Ducks Unlimited, it is important to take into account all of the various programs offered in Minnesota. All work to restrict development that can lead to urban sprawl and to increase the natural functioning of the land. In addition, all are vulnerable to the potential drawbacks of conservation easements that are also discussed during this project. Although the list below does not include every single conservation easement program available for Minnesota landowners, it is a good overview of the various types of programs available in the state.
USDA Programs (Farm Service Agency)
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Conservation Reserve Program
This program was first introduced in the 1985 Farm Bill. This is a program for agricultural landowners to retire some of their farmland by establishing long-term, resource conserving covers, such as grass or trees, on eligible parcels. Eligible land includes highly erodible land, cropped wetland, land that is subject to scour erosion, located in a national or state CRP conservation priority area (most counties in northwestern, western and southern Minnesota). Farmers who choose to enter into the Conservation Reserve Program are qualified for 10-15 years of annual rent payments as well as reimbursement for up to 50% of the cost of vegetative covers. The goal of the program is to increase wildlife habitat, reduce water pollution by decreasing erosion and increase air quality by reducing wind erosion through practices such as tall grass prairie restoration or native tree plantings. Unlike many conservation easements, the easements under the Conservation Reserve Program do not last forever; in fact, the USDA reports that more than 16 million CRP contracts are set to expire in 2007, as well as 6 million in 2008.
Conservation Reserve Enhancement Program
Combines the federal CRP with Minnesota’s Reinvest in Minnesota (RIM, described below) reserve program to retire 10,000 acres of land in the Minnesota River watershed. This program particularly targets landowners who own frequently flooded cropland in the floodplain of the MN River, riparian buffers along cropland, and prairie potholes that have been deemed to possess great ecological value either due to provision of habitat or increased water quality. The easement includes a 15-year CRP contract followed by a RIM reserve easement, with priority given to easements that will last for perpetuity. The goal of this program is to sediment, nitrogen, and phosphorous loading to the MN River and its tributaries and, by doing so, improving both wildlife habitat and recreational opportunities along the river. 100% of the establishment costs will be paid for by both programs, in addition to the regular CRP payments as well as a RIM bonus.
Debt for Nature
Farmers with debts to the Farm Loan Borrowers Program can cancel a portion of their indebtedness if they enroll a portion of their land into conservation easements for 10, 30, or 50 years. Lands that are eligible include those that contain endangered species, aquatic species, land of important historic, scenic or cultural value, highly erodible land, aquifer recharge zones, and buffer zones. FSA will pay for all appraisals and surveys, while other agencies may be available for aid for habitat restoration.
Natural Resources Conservation Service Programs (USDA)
Emergency Watershed Protection Program Floodplain Easements
Available to landowners whose property is so heavily damaged by flooding that the cost of repairing it is greater than the value of the land after restoration. The purpose is to restore natural floodplain hydrology. The vegetation will be fully restored and in some cases the land can be used for agricultural purposes, logging, or grazing after the restoration is complete. These practices will not apply for ecologically important lands such as habitat for endangered species or buffer zones.
Farmland Protection Program
This program provides funding for state, local, or tribal units to purchase farmland and prevent it from being developed. These easements can last from a minimum of 30 years to an optimal perpetuity. The purpose of this program is to retain agricultural lands and prevent development and urban sprawl on these lands.
DNR Programs
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This is a conservation easement program offered by the DNR and founded in the 1990 Farm Bill to protect important forests, defined as those providing essential habitat, watershed functions, or containing significant cultural or historic value, from being developed. To be considered, the land must lie within one of 14 active forest legacy areas, inclduing Rice County Big Woods. These easements are perpetual, but customary forest uses can be adapted into the agreement to suit the desires of the landowners. For instance, landowners may choose to continue logging on portions of the land or allow hunting on the land. As of June 2003, there were seven completed projects in Minnesota for a total of 620 acres. These easements are funded primarily through federal spending with the remainder coming from state or local entities.
MN Native Prairie Bank Program
This DNR program focuses primarily on preserving native prairie vegetation in Minnesota, with the restrictions that the land has never been plowed and has a minimum of 10% tree cover. These easements may last for a minimum of 20 years but will optimally be perpetual. In 2003, there were 60 easements under this program.
Reinvest in Minnesota (RIM)
This program of the DNR is also partially overseen by the Board of Water and Soil Resources. It is intended to help retire land from agricultural use while at the same time increasing water quality and habitat for critical species. There are several branches of this program including RIM critical habitat, RIM reserve, and several wetland programs.
Land Trusts
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Minnesota Land Trust
This is the only land trust working extensively throughout Minnesota and is dedicated to preserving open space throughout the state through perpetual conservation easements. As of 2006, the Minnesota Land Trust has created 290 easements in the state for a total of more than 25,000 acres. The majority of these easements are donated lands while around a dozen are purchased. Unlike the USDA easement programs, the MN Land Trust deals very little with farmland and instead focuses on scenic lands, lakeshores, and even lands within suburban developments.
The Nature Conservancy
The Nature Conservancy is one of several private non-profit groups that hold several easements in the state of Minnesota. Although these organizations often prefer the outright purchase of land, they have also been exploring conservation easements due to the benefits of reduced costs and increased landowner cooperation. It particulary targets northern forests, northwest native prairie lands, Lake Superior shoreland, Brainerd area, and the southeast Weaver Dunes. As of 2004, the Nature Conservancy held conservation easements on 15 lands tracts comprising over 2,053 acres.
Other Government Entities
Purchase of Development Rights and Transfer of Development Rights
This program uses Minnesota Zoning laws to give county and municipal governments the ability to transfer or purchase development rights. To purchase development rights is to pay the landowner the difference between the value of the land at present and the future value of the land if developed. Transferring development rights involves agreeing to not develop one parcel of land, usually agricultural, in return for development in another area, usually already slated for development. There are several examples of counties in Minnesota purchasing development rights. For instance, Dakota County became the first county to secure federal funds to purchase farmland easements. Washington County received $300,000 from the legislative commission on MN resources to fund a 'green corridor project' and protect prime natural areas totaling 142 acres.
US Fish and Wildlife Service Programs
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Permanent Wetland Preserves Program
This program offers cash payments to a wide variety of landowners (farm corporations, family farms, individuals, etc.) for the permanent protection of wetlands. Eligible wetlands includes seasonally flooded basins, inland fresh meadows, shallow marshes, and shrub swamps. The easement may include up to four acres of adjacent buffer land.
Wetland Acquisition Program
In Minnesota, this program focuses primarily on acquiring prairie wetlands for waterfowl habitat management. The wetlands may not be drained, filled, or burned, but farming and other practices can continue on adjacent land, including on the wetland when it is naturally dry.
Information courtesy of University of Minnesota Extension Service
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