Preserving the Land That Makes Virginia Special
From the Blue Ridge Mountains and Shenandoah Valley to the rolling farms and forests of Virginia’s Piedmont, much of what makes rural Virginia special has been shaped by generations of private landowners who have cared for and protected their land.
One of the most effective tools for ensuring that these landscapes remain protected is a conservation easement.
A conservation easement is a voluntary legal agreement through which a landowner permanently protects important characteristics of a property while continuing to own, use, enjoy, sell, or pass the property to future generations. Easements generally limit certain future development or subdivision while protecting conservation values such as farmland, forests, waterways, wildlife habitat, historic resources, scenic viewsheds, and open space.
Importantly, conservation easements are not limited to one organization.
In Virginia, easements may be held by public agencies, local governments, and nonprofit land trusts. Organizations active in Virginia and our region include the Virginia Outdoors Foundation (VOF), Shenandoah Valley Conservancy, Land Trust of Virginia, Potomac Conservancy, Virginia Department of Forestry, and other state, local, and regional conservation organizations.
The organization involved and the purpose of an easement can vary, but the underlying concept is remarkably simple:
Protect the characteristics that make a piece of land special while allowing compatible private ownership and use to continue.
From the Blue Ridge Mountains and Shenandoah Valley to the rolling farms and forests of Virginia’s Piedmont, much of what makes rural Virginia special has been shaped by generations of private landowners who have cared for and protected their land.
One of the most effective tools for ensuring that these landscapes remain protected is a conservation easement.
A conservation easement is a voluntary legal agreement through which a landowner permanently protects important characteristics of a property while continuing to own, use, enjoy, sell, or pass the property to future generations. Easements generally limit certain future development or subdivision while protecting conservation values such as farmland, forests, waterways, wildlife habitat, historic resources, scenic viewsheds, and open space.
Importantly, conservation easements are not limited to one organization.
In Virginia, easements may be held by public agencies, local governments, and nonprofit land trusts. Organizations active in Virginia and our region include the Virginia Outdoors Foundation (VOF), Shenandoah Valley Conservancy, Land Trust of Virginia, Potomac Conservancy, Virginia Department of Forestry, and other state, local, and regional conservation organizations.
The organization involved and the purpose of an easement can vary, but the underlying concept is remarkably simple:
Protect the characteristics that make a piece of land special while allowing compatible private ownership and use to continue.
What Is a Conservation Easement?
A conservation easement is a voluntary agreement between a property owner and a qualified public agency or conservation organization.
Rather than transferring ownership of the land, the owner agrees to permanently limit certain uses of the property in order to protect its conservation values.
The property remains privately owned.
It can generally still be bought and sold, inherited, farmed, forested, hunted, lived on, and enjoyed, subject to the specific terms of the easement.
Virginia’s Department of Forestry explains that conservation easements allow landowners to continue to own, use, and control their land while permanently limiting development to protect its conservation values.
Because the easement is recorded with the property, its protections continue when ownership changes.
Every Conservation Easement Is Different
This is one of the most important things for prospective buyers to understand.
There is no single set of restrictions that applies to every conservation property.
An easement is written for a particular property and its particular conservation goals. Depending upon the easement, an owner may retain rights for:
For that reason, the most important document when considering the purchase of conserved property is always the actual recorded Deed of Easement.
A conservation easement is a voluntary agreement between a property owner and a qualified public agency or conservation organization.
Rather than transferring ownership of the land, the owner agrees to permanently limit certain uses of the property in order to protect its conservation values.
The property remains privately owned.
It can generally still be bought and sold, inherited, farmed, forested, hunted, lived on, and enjoyed, subject to the specific terms of the easement.
Virginia’s Department of Forestry explains that conservation easements allow landowners to continue to own, use, and control their land while permanently limiting development to protect its conservation values.
Because the easement is recorded with the property, its protections continue when ownership changes.
Every Conservation Easement Is Different
This is one of the most important things for prospective buyers to understand.
There is no single set of restrictions that applies to every conservation property.
An easement is written for a particular property and its particular conservation goals. Depending upon the easement, an owner may retain rights for:
- One or more residences
- Accessory dwellings and structures
- Barns and agricultural buildings
- Farming and livestock
- Forestry and timber management
- Hunting and recreational use
- Roads and utilities
- Certain home occupations or compatible businesses
- Additional divisions of the property
- Other specifically reserved uses
For that reason, the most important document when considering the purchase of conserved property is always the actual recorded Deed of Easement.
Conservation Easements Do Not Usually Mean Public Access
A common misconception is that placing land under a conservation easement somehow makes the property public.
Generally, it does not.
The property remains privately owned, and conservation easements do not ordinarily create a public right to enter the property unless public access was specifically included in the agreement.
An owner can therefore permanently protect the conservation value of hundreds of acres while continuing to enjoy the privacy of private ownership.
A common misconception is that placing land under a conservation easement somehow makes the property public.
Generally, it does not.
The property remains privately owned, and conservation easements do not ordinarily create a public right to enter the property unless public access was specifically included in the agreement.
An owner can therefore permanently protect the conservation value of hundreds of acres while continuing to enjoy the privacy of private ownership.
Why Protect Land?
Conservation easements can protect many different resources.
Farms and Agricultural Land Virginia’s farms are an important part of both its economy and its identity. Conservation easements can help ensure that productive agricultural land remains available for farming rather than being fragmented by future development.
Forests and Mountains Large areas of connected forest provide wildlife habitat, protect water resources, preserve mountain landscapes, and support forestry and recreational uses.
Rivers, Streams, and Watersheds Protecting undeveloped land surrounding waterways can help protect water quality and the health of watersheds throughout the region.
Wildlife and Habitat Large, connected areas of privately conserved land can create important wildlife corridors between other protected properties, state and national parks, and public forests.
Scenic Views Many of the mountain ridges, farms, forests, and open valleys that define rural Virginia remain beautiful precisely because generations before us chose to protect them. Conservation easements can help preserve those landscapes even as surrounding areas continue to grow.
Historic Landscapes Conservation can also protect the landscapes surrounding historic properties, battlefields, roads, villages, and other places important to Virginia’s history.
Conservation easements can protect many different resources.
Farms and Agricultural Land Virginia’s farms are an important part of both its economy and its identity. Conservation easements can help ensure that productive agricultural land remains available for farming rather than being fragmented by future development.
Forests and Mountains Large areas of connected forest provide wildlife habitat, protect water resources, preserve mountain landscapes, and support forestry and recreational uses.
Rivers, Streams, and Watersheds Protecting undeveloped land surrounding waterways can help protect water quality and the health of watersheds throughout the region.
Wildlife and Habitat Large, connected areas of privately conserved land can create important wildlife corridors between other protected properties, state and national parks, and public forests.
Scenic Views Many of the mountain ridges, farms, forests, and open valleys that define rural Virginia remain beautiful precisely because generations before us chose to protect them. Conservation easements can help preserve those landscapes even as surrounding areas continue to grow.
Historic Landscapes Conservation can also protect the landscapes surrounding historic properties, battlefields, roads, villages, and other places important to Virginia’s history.
Conservation Organizations Serving Virginia
Virginia has a remarkably strong network of public and private conservation organizations.
Virginia Outdoors Foundation
Created by the Virginia General Assembly in 1966, the Virginia Outdoors Foundation (VOF) is Virginia’s largest land conservation organization.
VOF reports that it has protected more than 930,000 acres in 114 Virginia counties and cities, including farms, forests, parks, historic landscapes, waterways, and scenic open space.
VOF’s open-space easements are tailored to individual properties and are designed to protect conservation values while allowing compatible uses such as residences, agriculture, forestry, recreation, and wildlife management.
Learn more: Virginia Outdoors Foundation — vof.org
Shenandoah Valley Conservancy
Formerly known as Valley Conservation Council, the Shenandoah Valley Conservancy is a nonprofit land trust focused specifically on protecting the Shenandoah Valley and adjacent Allegheny Highlands.
The organization works with private landowners to protect farms, forests, waterways, wildlife habitat, and scenic landscapes through conservation easements.
The Conservancy reports that more than 220,000 acres of privately owned land have been protected within the Shenandoah Valley, along with hundreds of miles of rivers and streams.
Its work is particularly relevant to properties throughout the Shenandoah Valley and along the Shenandoah River.
Learn more: Shenandoah Valley Conservancy — shenandoah.org
Land Trust of Virginia
The Land Trust of Virginia is a nonprofit organization founded in 1992 that works with Virginia landowners to permanently protect farms, forests, mountains, waterways, historic properties, battlefields, and other significant landscapes.
The organization holds conservation easements throughout Virginia and reports protecting more than 38,000 acres.
Learn more: Land Trust of Virginia — landtrustva.org
Potomac Conservancy
Potomac Conservancy protects land throughout the Potomac River watershed, including portions of Virginia and the Shenandoah Valley.
Its land protection program works with landowners to conserve forests, agricultural land, wildlife habitat, streams, and other properties important to water quality.
Potomac Conservancy reports having permanently protected more than 15,000 acres through conservation easements.
Learn more: Potomac Conservancy — potomac.org
Virginia Department of Forestry
The Virginia Department of Forestry also holds conservation easements, with particular emphasis on working farms and forests.
These easements are intended to protect working lands, forests, riparian areas, wetlands, and other natural resources while allowing appropriate agricultural and forestry uses to continue.
Learn more: Virginia Department of Forestry — dof.virginia.gov
Virginia has a remarkably strong network of public and private conservation organizations.
Virginia Outdoors Foundation
Created by the Virginia General Assembly in 1966, the Virginia Outdoors Foundation (VOF) is Virginia’s largest land conservation organization.
VOF reports that it has protected more than 930,000 acres in 114 Virginia counties and cities, including farms, forests, parks, historic landscapes, waterways, and scenic open space.
VOF’s open-space easements are tailored to individual properties and are designed to protect conservation values while allowing compatible uses such as residences, agriculture, forestry, recreation, and wildlife management.
Learn more: Virginia Outdoors Foundation — vof.org
Shenandoah Valley Conservancy
Formerly known as Valley Conservation Council, the Shenandoah Valley Conservancy is a nonprofit land trust focused specifically on protecting the Shenandoah Valley and adjacent Allegheny Highlands.
The organization works with private landowners to protect farms, forests, waterways, wildlife habitat, and scenic landscapes through conservation easements.
The Conservancy reports that more than 220,000 acres of privately owned land have been protected within the Shenandoah Valley, along with hundreds of miles of rivers and streams.
Its work is particularly relevant to properties throughout the Shenandoah Valley and along the Shenandoah River.
Learn more: Shenandoah Valley Conservancy — shenandoah.org
Land Trust of Virginia
The Land Trust of Virginia is a nonprofit organization founded in 1992 that works with Virginia landowners to permanently protect farms, forests, mountains, waterways, historic properties, battlefields, and other significant landscapes.
The organization holds conservation easements throughout Virginia and reports protecting more than 38,000 acres.
Learn more: Land Trust of Virginia — landtrustva.org
Potomac Conservancy
Potomac Conservancy protects land throughout the Potomac River watershed, including portions of Virginia and the Shenandoah Valley.
Its land protection program works with landowners to conserve forests, agricultural land, wildlife habitat, streams, and other properties important to water quality.
Potomac Conservancy reports having permanently protected more than 15,000 acres through conservation easements.
Learn more: Potomac Conservancy — potomac.org
Virginia Department of Forestry
The Virginia Department of Forestry also holds conservation easements, with particular emphasis on working farms and forests.
These easements are intended to protect working lands, forests, riparian areas, wetlands, and other natural resources while allowing appropriate agricultural and forestry uses to continue.
Learn more: Virginia Department of Forestry — dof.virginia.gov
Why Purchase a Property Under Conservation Easement?
For the right buyer, a conservation easement can be an important and desirable characteristic of a property.
Many buyers searching for rural Virginia real estate aren’t looking for land because of how many houses can eventually be built on it.
They are looking for privacy, acreage, mountain views, forests, wildlife, streams, farms, recreation, and a connection to the land.
A conservation easement can help protect many of those qualities.
Permanence
Perhaps the greatest benefit is permanence.
A beautiful farm may be beautiful today, but without protection there is no guarantee that future owners won’t subdivide or substantially develop it.
A conservation easement creates a legal framework intended to ensure that the property’s identified conservation values remain protected through future changes in ownership.
For a buyer who shares those values, that permanence can be part of the property’s appeal.
Privacy Without Isolation From Stewardship
Most conservation easements do not require public access.
A buyer can therefore own a large privately conserved property while benefiting from an established conservation organization responsible for long-term stewardship of the easement.
A Different Kind of Value
Conservation easements intentionally limit certain development rights, and those limitations can affect property value.
But development potential is only one component of rural real estate value.
A purchaser seeking a farm, mountain retreat, recreational property, family compound, hunting property, or legacy estate may place greater importance on acreage, privacy, natural resources, views, and the long-term protection of the surrounding landscape.
For these buyers, conservation should not automatically be viewed as a negative.
It is better understood as an important characteristic of the property that must be evaluated alongside location, acreage, improvements, natural resources, retained rights, and intended use.
For the right buyer, a conservation easement can be an important and desirable characteristic of a property.
Many buyers searching for rural Virginia real estate aren’t looking for land because of how many houses can eventually be built on it.
They are looking for privacy, acreage, mountain views, forests, wildlife, streams, farms, recreation, and a connection to the land.
A conservation easement can help protect many of those qualities.
Permanence
Perhaps the greatest benefit is permanence.
A beautiful farm may be beautiful today, but without protection there is no guarantee that future owners won’t subdivide or substantially develop it.
A conservation easement creates a legal framework intended to ensure that the property’s identified conservation values remain protected through future changes in ownership.
For a buyer who shares those values, that permanence can be part of the property’s appeal.
Privacy Without Isolation From Stewardship
Most conservation easements do not require public access.
A buyer can therefore own a large privately conserved property while benefiting from an established conservation organization responsible for long-term stewardship of the easement.
A Different Kind of Value
Conservation easements intentionally limit certain development rights, and those limitations can affect property value.
But development potential is only one component of rural real estate value.
A purchaser seeking a farm, mountain retreat, recreational property, family compound, hunting property, or legacy estate may place greater importance on acreage, privacy, natural resources, views, and the long-term protection of the surrounding landscape.
For these buyers, conservation should not automatically be viewed as a negative.
It is better understood as an important characteristic of the property that must be evaluated alongside location, acreage, improvements, natural resources, retained rights, and intended use.
Can I Build on Property Under Conservation Easement?
Often, yes.
A conservation easement does not automatically mean that nothing else can ever be built on the property.
Many easements retain rights for homes, accessory dwellings, barns, agricultural structures, roads, utilities, and other improvements.
Some even retain additional subdivision or residential rights.
Others are considerably more restrictive.
The answer depends entirely upon the individual easement.
When we market a conservation property, one of our priorities is therefore understanding and clearly communicating the rights that remain with that particular property.
Often, yes.
A conservation easement does not automatically mean that nothing else can ever be built on the property.
Many easements retain rights for homes, accessory dwellings, barns, agricultural structures, roads, utilities, and other improvements.
Some even retain additional subdivision or residential rights.
Others are considerably more restrictive.
The answer depends entirely upon the individual easement.
When we market a conservation property, one of our priorities is therefore understanding and clearly communicating the rights that remain with that particular property.
Questions to Ask When Buying Conserved Land
Buying conservation property requires looking beyond the simple question:
“Is it under conservation easement?”
More useful questions include:
Buying conservation property requires looking beyond the simple question:
“Is it under conservation easement?”
More useful questions include:
- Who holds the conservation easement?
- What conservation resources is the easement intended to protect?
- How many residences are currently permitted?
- Are accessory dwellings permitted?
- Are additional divisions permitted?
- Are there designated building envelopes?
- What agricultural uses are allowed?
- What forestry or timber-management activities are permitted?
- Can additional barns or accessory structures be constructed?
- Are there limitations on clearing vegetation or altering viewsheds?
- What rules apply to roads, utilities, ponds, streams, or other improvements?
- Are commercial, recreational, rental, or event uses addressed?
- Which activities require notification to or approval from the easement holder?
- What rights were expressly retained for future owners?
Why Would a Landowner Donate a Conservation Easement?
For many property owners, conservation begins with something much more personal than taxes.
It is about legacy.
A landowner may have spent decades assembling a farm, managing a forest, restoring streams, creating wildlife habitat, or simply caring for a mountain property.
A conservation easement gives that owner an opportunity to ensure that the characteristics they value will continue long after the property leaves their ownership.
There can also be significant financial incentives associated with qualifying conservation easement donations.
Depending upon the property, transaction, and applicable law, qualifying easement donations may be eligible for Virginia land-preservation tax credits, federal charitable deductions, estate-planning benefits, or changes in local property taxation.
Tax treatment is highly specific to the individual transaction, and landowners should consult qualified conservation, legal, appraisal, and tax professionals before making decisions based upon potential tax benefits.
For many property owners, conservation begins with something much more personal than taxes.
It is about legacy.
A landowner may have spent decades assembling a farm, managing a forest, restoring streams, creating wildlife habitat, or simply caring for a mountain property.
A conservation easement gives that owner an opportunity to ensure that the characteristics they value will continue long after the property leaves their ownership.
There can also be significant financial incentives associated with qualifying conservation easement donations.
Depending upon the property, transaction, and applicable law, qualifying easement donations may be eligible for Virginia land-preservation tax credits, federal charitable deductions, estate-planning benefits, or changes in local property taxation.
Tax treatment is highly specific to the individual transaction, and landowners should consult qualified conservation, legal, appraisal, and tax professionals before making decisions based upon potential tax benefits.
Preserving More Than a Property
The benefits of conservation rarely stop at a property line.
One protected farm can adjoin another.
Protected forests can connect with Shenandoah National Park, the Appalachian Trail corridor, George Washington National Forest, state parks, wildlife management areas, and other conserved lands.
Streams originating on private land eventually flow into larger rivers and watersheds.
A protected mountain ridge becomes part of the view enjoyed by thousands of people who may never set foot on the property itself.
Over time, individual conservation decisions can create large interconnected landscapes of farms, forests, waterways, wildlife habitat, and open space.
This is particularly important throughout the Blue Ridge, Shenandoah Valley, Virginia Piedmont, and the communities surrounding Shenandoah National Park.
The benefits of conservation rarely stop at a property line.
One protected farm can adjoin another.
Protected forests can connect with Shenandoah National Park, the Appalachian Trail corridor, George Washington National Forest, state parks, wildlife management areas, and other conserved lands.
Streams originating on private land eventually flow into larger rivers and watersheds.
A protected mountain ridge becomes part of the view enjoyed by thousands of people who may never set foot on the property itself.
Over time, individual conservation decisions can create large interconnected landscapes of farms, forests, waterways, wildlife habitat, and open space.
This is particularly important throughout the Blue Ridge, Shenandoah Valley, Virginia Piedmont, and the communities surrounding Shenandoah National Park.
A Different Way to Think About Land
For generations, rural property has often been valued according to a simple question:
How much can be developed?
Conservation asks another question:
What is worth keeping?
A mountain ridge that remains forested.
A farm that remains open.
A clear stream flowing through undeveloped land.
A wildlife corridor connecting thousands of acres.
A view across a valley that future generations will still recognize.
And a family knowing that something they loved enough to protect will continue long after their ownership ends.
For the right property and the right owner, conservation isn’t simply a restriction on land.
It is an investment in what makes the land worth owning in the first place.
For generations, rural property has often been valued according to a simple question:
How much can be developed?
Conservation asks another question:
What is worth keeping?
A mountain ridge that remains forested.
A farm that remains open.
A clear stream flowing through undeveloped land.
A wildlife corridor connecting thousands of acres.
A view across a valley that future generations will still recognize.
And a family knowing that something they loved enough to protect will continue long after their ownership ends.
For the right property and the right owner, conservation isn’t simply a restriction on land.
It is an investment in what makes the land worth owning in the first place.
Explore Conservation Properties in Virginia
Solstice Real Estate Team specializes in distinctive rural properties throughout the Virginia Piedmont, Blue Ridge Mountains, Shenandoah Valley, and surrounding communities.
Our experience includes farms, mountain properties, recreational land, large-acreage estates, and properties protected by conservation easements.
When representing a conservation property, our goal is to help prospective buyers understand not only the restrictions contained within an easement, but equally importantly, the valuable rights that remain with the property.
A well-informed buyer should understand what can be built, how the property can be used, what can be divided, what must remain protected, and how those provisions align with their long-term plans.
Looking for conserved land in Virginia?Explore our available conservation properties or contact Solstice Real Estate Team to discuss your search.
Solstice Real Estate Team specializes in distinctive rural properties throughout the Virginia Piedmont, Blue Ridge Mountains, Shenandoah Valley, and surrounding communities.
Our experience includes farms, mountain properties, recreational land, large-acreage estates, and properties protected by conservation easements.
When representing a conservation property, our goal is to help prospective buyers understand not only the restrictions contained within an easement, but equally importantly, the valuable rights that remain with the property.
A well-informed buyer should understand what can be built, how the property can be used, what can be divided, what must remain protected, and how those provisions align with their long-term plans.
Looking for conserved land in Virginia?Explore our available conservation properties or contact Solstice Real Estate Team to discuss your search.
Resources
Virginia Outdoors Foundation
vof.org
Shenandoah Valley Conservancy
shenandoah.org
Land Trust of Virginia
landtrustva.org
Potomac Conservancy
potomac.org
Virginia Department of Forestry
dof.virginia.gov
The information provided on this page is intended for general educational and real estate marketing purposes and should not be considered legal, tax, or financial advice. Conservation easements vary substantially. Buyers and property owners should review the recorded easement and consult the easement holder and appropriate legal, tax, appraisal, and other professional advisers regarding a specific property.
Virginia Outdoors Foundation
vof.org
Shenandoah Valley Conservancy
shenandoah.org
Land Trust of Virginia
landtrustva.org
Potomac Conservancy
potomac.org
Virginia Department of Forestry
dof.virginia.gov
The information provided on this page is intended for general educational and real estate marketing purposes and should not be considered legal, tax, or financial advice. Conservation easements vary substantially. Buyers and property owners should review the recorded easement and consult the easement holder and appropriate legal, tax, appraisal, and other professional advisers regarding a specific property.