CRP and Conservation Easements questions

[paulsharvey]

So, for a non-farmer, I kinda know in a really broad term, CPR and Conservation Easements, government or someone pays property owner to not farm/develop for a period of time... I'm looking for 10 or so acres, and have twice seen where a portion of the property was already in a 'conservation easement' and another was like 6 acres, but the neighboring parcel (not included in sale, was in conservation easement). So, what I'm wondering, without digging into every bit of paper work, what can and can't be done on these properties? Can you hunt, ride atvs, mow, have live stock, store equipment or materials? Is it basically not your propety for the contract period? If you do something forbidden and get caught, what then? Does USDA or local ag extension or someone come inspect it, to make sure your not using your land? Would you even consider buying property that already had these? Also, if it's in something like this, could it still be 'Bona fide' agricultural property for property taxes?

I know one of the answers will be: You have to read every detail of the contract; But, I would do that before a purchase, but I'm at the stage of wondering if it's worth looking at or no? I do get the concept; an org or investor buys property, probably at a tax sale, sells the easement or signs CPR, gets cash, and than in 10/20/30 years, after that expires property values have shot up, and they have a more or less, free piece to sell or develop.

 

[sea2summit]

These vary a lot by state unfortunately. I’d recommend going to the local extension office and asking them for info, they likely have a handout or two that will explain it.

 

[dodge man]

I’d contact the local ag office and ask them the details. I worked as a land surveyor and did a lot of boundary surveys for a CREP program. These were forever conservation easements and were very restrictive. Yes they did check on them by someone visiting the site. You were not allowed to even mow them.

 

[riptides]

What sea2summit said.

We are participating in a portion of an easement. Portion I say because there are so many programs with various degrees and stipulations of what is expected when. Working with your local extension office AND local governments "Department of Natural Resources" AND perhaps your States DNR is the only way to be sure.

It sounds complicated, but if you get a hold of the right person, they can help you through the process of understanding.

We just got our annual inspection done a few days ago. My "easement" is riparian based. I have equipment and buffers to maintain. I have no restrictions on "land" use, my animals do.

 

[LD1]

Its actually CRP not CPR
Conservation Reserve Program

There are alot of Do's and Don'ts

Basically you cannot use it for any farming related activity. No crops, no harvest and no grazing.

You are also usually limited on mowing. And can only mow certain times of the year (outside of nesting seasons). Because the goal is to increase wildlife, for example, they dont want you mowing in the spring where you are wiping out nests of native wildlife.

You are also usually required to maintain/prevent invasive plants from taking over. (In ohio, an example of invasive plant would be russian/autumn olive bushes).

There is also (at least in ohio) some limitations on putting a plot of land in CRP. Usually a new owner cannot do so. They have to have owned it at least 12 months. There are some examples, like land sold due to a death or foreclosure. But they wont allow someone like an investor to just buy up land with the sole purpose of putting land in CRP. How the transfer of a plot already in CRP works I do not know.

I am sure some things vary by state.....because your states dept of AG is usually the controlling body....but it is ultimately a federal program.

With all the regualtions....basically in a nutshell you are not allowed to do any farming or farming related stuff on the property. But also have to maintain it in such a way that it can easily be converted back to farmland. IE: not allow it to be full of mature 10 year old trees at the end of the 10 year term.

 

[D&D]

So, for a non-farmer, I kinda know in a really broad term, CPR and Conservation Easements, government or someone pays property owner to not farm/develop for a period of time...

CRP ? conservation Reserve Program vs CPR Condominium Property Regime
CRP’s and conservation easements are basically set asides where the landowner agrees to not develop a property. That can be through an agreement with the county or fed , TDR’d (transfer development rights) or just a tax break (tree farm comes to mind).
Basically, all of which means the property has 0 or very limited development potential as is. In my limited experience, USDA agreements are to the owner and expire when the property is sold. However, the owner would have to pay back all monies the USDA provided if the property sells during their contract period. Also with USDA, if the owner changes the land use without approval, the owner would have to pay back everything the USDA provided.

Local/county conservation could be easy with a zoning amendment. However, depending on how the conservation was setup, you may need permission from the fed, state and local to erase the conservation easement.

 

[5030]

I have CRP set aside on 2 of my fields. Here in Michigan it's considered a 'filter strip' to filter out the fertilizer nitrates. You can mow it but you cannot harvest the mowed forage on it, no exceptions and no invasive species allowed to grow on it either.

 

[bigtiller]

I had a strip of CRP about 30 x 600 ft. for a waterway in my field. I was required to mow it once a year after the crops came out to insure the grass had no competition.

 

[paulsharvey]

So, I had a big long reply typed, and phone shut down, losing it all...

So, I did some quick reading at University of Fla, and they do perpetual Easements, with continued land use. I'm sure there are other groups too. The idea of working maintaining something, that a person before you sold to a 3rd part, and now your responsibility, doesn't sound very good. The invasive species thing, I had kinda wondered about. Also, if people dump trash or bums set up camp, that might be a problem.

I think an adjacent parcel, might be fine, but I don't think I would want that on my property. It might not be too bad, but I would certainly want the property Heavily discounted, as someone has already sold rights to the land, and pocketed that. If the deal was right, and it provided a good privacy buffer though, I wouldn't be 100% opposed to it.

 

[paulsharvey]

BTW, yes, CRP, think phone auto corrected...

 

[stumblinhorse]

Conservation easement and CRP are quite a bit different.

An easement is just like it sounds. It is perpetual and are difficult if not impossible to get rid off. So they are subject to annual inspection and specific rules for use. Most if not all property that is under conservation easement has less value than property without an easement. The easement was granted by a property owner for something of value in the past, money usually.

CRP is a program that you can enroll in. It gives guidelines and specific requirements for use to receive money in return. It has a term and enrollment period.

 

[paulsharvey]

Off the St Johns River Water Management district site; their Easements are perpetual, and it sounds like almost zero use, only able to remove invasive species, and only dead trees that are an active hazard (with their promission). University of Florida seems to be less about zero use, but maintains current use. Who knows what other organizations have then too. But, having a parcel next to that WMD wouldn't be a bad thing. Wouldn't be surprised to see county, DEP, and who knows what else having them... CRP seems much more... um, workable?

 

[riptides]

We have a myriad of ways to get you to cooperate in giving up your property for a price or purpose in Virginia. LOL. It's all good, but you know...governments and the individual and all that. You have to read the fine print. Heck some of the organizations in VA will actually point you to another organization that "has a better deal". It is all in who you can talk with. We started with our local extension office and got the right direction to the county and state programs. It was educational, for us, and even the environmentalists are happy. LOL.

 

[paulsharvey]

Also, did a bit of research, and there is a private NGO (they claim to be environmental, but you never know) that owns a Lot of them around by county, and it looks like they are small random parcel, within a 'Wildlife Corridor'.

So, locally, there at at a minimum, 2 state agency's that have them, 1 NGO, and the the CRP stuff.


Edit: I don't really believe/trust that NGO has only good intentions; as if they buy the property after getting the easement, I would Think, as the owner of the property and the easement, they could subordinate the easement some how... When yiu look at a map, they own hundreds of 1/4 acre parcels, scattered around the county; and that's just their Owned properties

 

[yanmars]

Some of my ground has been in CRP since it started in the mid 80s. Some is in tall prairie grass. Normally one cannot hay it but in two drought years they did permit that. That was difficult as some of it was over 6 feet tall even in the drought and thick.
The rest is in wildflowers with many bees.

 

[airbiscuit]

The question I would have is, does it permit others to use your land?

 

[paulsharvey]

The question I would have is, does it permit others to use your land?

So, Univ of Fla's stuff say no, allows current land use to continue, and does not allow public access; Local NGO Land Conservancy.org group, says they "aquire them to allow access to landlocked public lands"... Water Management, I'm unclear if even you can use your land, no mowing, no removing trees, only invasive and hazardous, with their permission...