What is a Conservation Easement?
Conservation easements and land trusts are playing increasingly critical roles in environmental protection today. Conservation easements offer private landowners the opportunity to secure the future of our community and the planet by taking action to preserve their property in perpetuity for future generations.
The decision to create a conservation easement involves a philosophical willingness to place environmental, cultural, and wildlife protection ahead of maximizing financial gain. It means that the value placed on the environment supersedes the freedom of private property rights. The benefits of permanently preserving a pristine viewshed and protecting wildlife, riparian areas, and trees are immeasurable.
An irrevocable conservation easement is a land-deed restriction created by the landowner to ensure that the health and quality of a natural area will be protected forever (“in perpetuity”). A conservation easement is a legally binding agreement filed with the property’s title or deed and remains in effect regardless of changes in private ownership. In some cases, conservation easements provide public access for trails or use. The restrictions are monitored by an outside party (e.g. a land trust conservancy) that has committed to having their organization work to uphold the landowners’ desires in perpetuity. View the Future is registered with the state of Oregon to oversee conservation easements and provide required reporting to the state.
Landowners have an incredible amount of leeway in defining their conservation easement, using many restrictions or just a few. Some examples of how conservation easements can be used include:
- allow one house site or one pedestrian trail but prohibiting others: residential development or a trail for wheeled vehicles.
- preserve or restore a wetland, forested area, one grove of trees, even one old-growth tree, wildlife habitat, and/or riparian areas.
- allow a developer to place residences on 5 acres with part of each 5 acres remaining natural instead of 1 acre home sites.
- leave acreage in a natural state amid a residential development.
- A conservation easement could be created on a 1-acre home site that could prohibit the construction of any additional homes and require the preservation of a stand of conifers on the property.
- allow the select-cutting of trees but prohibit clear-cutting.
Preserving a viewshed, watershed, and wildlife are a most valuable gift that landowners can give to a community and beyond for environmental sustainability and to combat climate warming.
As a land trust, View the Future has become instrumental in supporting landowners in the Yachats community in southern Lincoln County. VtF has helped create and are custodians for five conservation easements and one VtF-owned property. All 4 of the 5 conservation easements and the one property have been donated by the landowner.
Conservation Easements held by View the Future
The Kittel Conservation Easement
Includes a 27.34-acre preservation of conifers, abundant wildlife, and the promotion of establishing old growth. The Kittel easement protects the Amanda Creek riparian/ stream area, and provides educational and recreational value to the public, in order to maintain its health and natural beauty in perpetuity. The easement includes a public trail granted to the Oregon State Parks and Recreation Department.
The Sand Conservation Easement, (historically called the Gerdemann Garden)
Is a 3.5-acre scenic, historic, educational, and horticultural resource that provides a public trail and supports the botanical, the wildlife and other conservation values of the property. Jim Gerdeman, a botanist, plant pathologist, and Professor Emeritus of the University of Illinois, and his wife Janice, a retired teacher, developed and nurtured a unique botanical garden just north of Yachats.
The Gerdemann Botanical Preserve guarantees that this treasure of biological diversity and profound serenity will always be preserved. The conservation easement also provides a public hiking trail through the Preserve that is accessed via the Ya’Xaik Trail.
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The Bryan Conservation Easement (2014)
Protects a portion of the 804 Trail. It preserves natural open spaces, wildlife, and forestland conditions for the scenic enjoyment of the public. View the Future partnered with Lincoln County’s Land Legacy Program and Lincoln County to protect 3.59- acres between highway 101 and the 804 trail north of the Overleaf Lodge so that it will remain a natural area forever.
The Barton Trail and Bridge
Provides a connection for walkers to access the Starr Creek neighborhood to the YaXaik Trail and the town of Yachats.
The Statler Conservation Easement (2021)
Covering seven-acres, off of Yavhats River road it prevents any third party from building a logging road to access neighboring forestlands, and the City of Yachats watershed providing protection of Salmon Creek’s riparian zone and wildlife.
The Scott Lot (2016)
A .34-acre parcel (outlined in green) owned by VtF, that is covered by a conservation easement to ensure the protection of wildlife and the older growth conifers that offer wind protection for the rare ornamentals in the Gerdemann Botanical Preserve outlined in blue). View the Future entered into a partnership with the Oregon Coast Community Forest Association which is the holder of the conservation easement.
