County Farmland Protection Boards – Protecting Important Natural Resources Forever

By F. Mark Schiavone, chairman of the West Virginia Association of Farmland Protection Boards

Land conservation plays a vital role in safeguarding our environment, preserving biodiversity, and ensuring a sustainable future for generations to come.

In the Eastern Panhandle, several organizations work to permanently protect land, and of these, the local county farmland protection boards have been purchasing conservation easements on agriculturally important land for the past 20 years. The county farmland boards in Berkeley, Jefferson, and Morgan have protected nearly 17,000 acres on a total of 160 properties. Despite the focus on preserving important agricultural lands, these boards have also protected a significant number of natural resources, including mature forests, shale barrens, marl marshes, and riparian areas. In Berkeley and Jefferson Counties alone, the two farmland protection boards have secured over 56 miles of stream bank, much of which is forested. These environments, including protected hay and pasture fields and countless miles of woodland edge, permanently protect habitat for a myriad of creatures, not the least of which are birds.

Some of these protected areas provide further buffers and habitats next to existing PVAS properties like Stauffer’s Marsh. These large properties can never be developed, thus preserving open space on either side of the marsh and meadow and Back Creek, as well.

The legal tool to create such permanently protected lands is the deed of conservation easement. This document, recorded in the county courthouse, serves to permanently restrict subdivision, industrial and commercial development, and some other land uses while promoting agricultural activities and allowing for residential use by the property owner. The owner still owns the land and may convey it by sale or estate planning. Subject to certain restrictions on impervious surfaces, new agricultural and residential structures are permitted. The local county farmland protection board, through the deed of easement, holds (and extinguishes) the future development rights and ensures that the provisions of the deed are honored by all parties. Unlike private land trusts, which usually only accept a donation of the conservation easement, the county farmland boards typically purchase the development right. The value of this right is the difference between the appraised fair market value of the land minus the appraised restricted use (it’s best to think of this as the agricultural-only use). In the appraisal process, existing improvements are ignored since their value does not change in the before and after easement scenario.

Each county board accepts applications throughout the year, although they generally have a cut-off period, usually in the fall, after which they competitively score the properties and make funding decisions. There can be significant tax implications, especially if the easement purchase is for an amount less than the full appraised value of the easement, thus many property owners are able to enjoy a deduction against their federal income tax. No part of the application process is binding on an applicant, until and unless their property is selected and a deed of conservation easement is recorded. At that point, the “protected forever” part becomes real.

If you are interested in exploring a permanent conservation easement to protect your land’s legacy, consider contacting your local county farmland protection board. Information about each county program can be found at the website www.wvfp.org.

About the Writer: F. Mark Schiavone is the current chairman of the West Virginia Association of Farmland Protection Boards. He recently retired as the director of the Berkeley County Farmland Protection Board. His 48-acre property in Jefferson County is permanently protected. Mark also serves on the West Virginia Outdoor Heritage Conservation Fund as well as the Land Trust of the Eastern Panhandle.