Drafting Approval Standards in Conservation Easements

Ongoing communication between an easement holder and a landowner is critical to ensure that activities on and uses of the land are consistent with an easement's conservation purposes. To effectuate this goal, conservation easements often include clauses governing activities or uses permitted only when the landowner requests the express prior approval of the easement holder. This Practical Pointer contains elements to consider in drafting approval standards.

December 2023 Update: Revised to reflect two new Tax Court decisions which provide legal standards for the analysis of inconsistent uses and reserved rights.