Legal Protection and Enforcement of Easements

Conservation easements are legal agreements designed to

ensure the continued viability of the protected ecosystems.

The easement area has to be maintained in its natural and open condition and restricted from any development that would impair or interfere with the specified conservation values. Any activity on, or use of, the easement area inconsistent with the purposes of this conservation easement is prohibited. 

Minor Violations -

Activities or uses that violate the conditions of the easement, but are expected to cause NO substantial negative impact

• Handled by easement holder
• Typically do not involve litigation
  

Major Violations -

Activities or uses that violate the conditions of the easement, and are expected to cause SUBSTANTIAL negative impact

• Require legal consultation or action by state Attorney General’s office or other legal counsel

Recommended Corrective Actions for Major and Minor Violations -

Click here for details.

Legal Enforcement Process

A PowerPoint explanation can be downloaded here.