IRS Memo on Amendment Clauses

A sample amendment policy from the accredited Tall Timbers Research Station & Land Conservancy.

This is a template for a conservation easement amendment policy that was reviewed and approved by the Land Trust Accreditation Commission.

The Land Trust Alliance has long held that amendment clauses in conservation easements serve to strengthen easements and improve their enforceability. That's why we oppose efforts by the IRS to constrain the ability of land trusts to amend easements.

And now — thanks to a recent federal court decision — it's clear that a sound amendment clause upholds conservation purposes.

A modification clause, which may include amendment, consent, waiver and other discretionary approvals, enhances the 'protected in perpetuity' standard and improves the chances of perpetual easement protection. This clause can help conservation organizations properly address unforeseen circumstances.

This guide offers information to help landowners understand and make the decision whether or not to enroll their land in carbon sequestration programs.

Land Trust Standards and Practices, Practice 5B: Accountability to Donors, includes four elements. This 12-minute module covers the second element, 5B2.