Protecting Rivers with Riparian Easements
What: A riparian easement is a special type of conservation easement that applies only to a streamside or riparian zone mutually agreed upon by the landowner and the easement holder(s). Like all easements, a riparian easement is a legal agreement in which the landowner retains ownership and full control of the property, yet conveys certain specified rights to the easement holder(s).
Specifically, the landowner agrees to restrict uses that would harm the riparian zone and works with the easement holder to develop a management plan to ensure riparian zone protection, usually in perpetuity. Typically this is done by establishing and maintaining vegetation and limiting livestock access to the stream. Each easement is tailored to the property and the desires of the individual landowner.
Why: A well-vegetated stream bank protects the soil from erosion and flood damage, improves stream health, filters nutrients and pollutants, and provides essential wildlife habitat. Vegetation acts as a physical barrier to soil loss, but also neutralizes impacts of runoff by taking up nutrients through plant roots. Benefits can be increased further if landowners work together and place riparian easements on contiguous parts of a body of water.
How: The landowner’s first step should be to consult with a prospective easement holder, such as a local Soil and Water Conservation District, the Valley Conservation Council, or the Virginia Outdoors Foundation, to determine whether his or her plans for the property meet conservation goals. If so, the terms of the easement can be negotiated and drawn up with assistance. If tax benefits are desired, the landowner will also need to contact an appraiser.
Management Plan: The management plan is the means of assuring that the riparian zone is protected. Technical agencies such as local Soil and Water Conservation Districts, Natural Resources Conservation Service, the Virginia Department of Forestry, or the Virginia Department of Game and Inland Fisheries can help develop the plan. In addition, these agencies may also be able to provide significant cost share funding for conservation practices such as tree planting or developing an alternative water source for livestock.
Regulations: The landowner and easement holder(s) jointly determine the restrictions and then draft the management plan for the easement area. The easement holder(s) enforce the terms of the easement.
Access: The public does not gain access to the property or the easement area, unless public access is specifically granted.
Term: Easements must last at least five years under state law. For federal tax deductions, however, they must be in perpetuity.
Tax Benefits: The landowner may donate an easement in exchange for possible tax benefits. If the donated easement reduces the value of the land, then the difference in value before and after the easement in place may be calculated by an appraisal, and that amount may be considered as a charitable gift for tax purposes. If an easement is purchased (subject to availability of funding) then it does not qualify for income tax benefits.
Local tax assessments also can be lowered since state law requires that localities recognize the reduction in value caused by an easement. Usually, however, land on which an easement is placed is already taxed at land use value, and there is little or no additional tax advantage gained.
Individual Benefits: The technical and financial assistance offered by cooperating resource agencies can help the landowner realize his or her own goals for the land. Projects can be designed to prevent soil loss and flood damage and to enhance wildlife habitat and water quality. Most importantly, the landowner can know that the riparian zone will always be protected and that this easement can make a positive impact not just on his or her own property, but downstream as well.
