Your Land Is Your Legacy. Let’s Protect It.
If you own land that supports wildlife, agriculture, or outdoor recreation, you may be in a position to leave a legacy that benefits both your family and the future of conservation. Ducks Unlimited’s Conservation Easement Program offers a voluntary, long-term solution for landowners who want to safeguard their property’s natural values while retaining full ownership and use.
Whether you’re a farmer, rancher, forester, sportsman, or recreational landowner, partnering with DU ensures your land remains undeveloped and ecologically valuable, while potentially offering significant tax advantages.
A conservation easement is a legal agreement between a landowner and Ducks Unlimited (or a qualified conservation organization) that restricts certain types of development or land-use changes to protect important natural or historic features.
Each easement is customized to the landowner’s needs. You retain the right to use, sell, lease, or pass on your land — but future development is limited based on the agreed terms.
DU accepts perpetual conservation easements through its affiliate Wetlands America Trust and commits to monitoring the land annually to ensure long-term habitat protection.
Ducks Unlimited is the world leader in wetland and waterfowl habitat conservation, with more than 85 years of experience partnering with private landowners to protect key landscapes across North America.
When you work with DU, you benefit from:
Most of America’s remaining wetlands and wildlife-rich landscapes are on private land. DU’s program ensures those lands continue to thrive for your benefit and for future generations.
A conservation easement with DU offers lasting protection without giving up ownership or use. Here are some of the key benefits landowners may receive:
When you protect land with a conservation easement, you secure:
Ducks Unlimited’s easement process is collaborative, transparent, and designed to serve your goals while achieving meaningful conservation results.
Peggy Watkins her husband Todd placed their ACE Basin property under a DU easement. "The increase in general wildlife on this property has just been unbelievable," Todd says. "Ducks were a focus, and we have an improved duck population. We also see wood storks, egrets, and every type of shorebird and wading bird. On some days it looks like Africa out there."
Trevor and Sarah Siperek placed an easement on their WA ranch in 2010. “We are always trying to find ways that we can be better stewards and caretakers of the land,” said Sarah. “We often joke that ‘we ranch for ducks’ because if we have healthy resilient wet meadows and wetlands, then it translates to better forage and hay production for our seasonal cattle grazing operations,”
When this 425-acre farm field was no longer fit for farming, Nick Reding and his father bought it to restore it as wetland. In 2014, they placed all 425 acres under a DU easement and restored 30 acres with DU and the Missouri Agriculture Wetland Initiative. “It makes total sense from a taxpayer standpoint,” Reding said.
Ready to discuss your mitigation needs? Contact with our regional experts below.
ME, NH, RI, VT, CT, RI, NY, NJ, DE, MD, WV, PA:
Betsey McNaughten
Email: bmcnaughten@ducks.org
Phone: 603-805-4636
SC, NC, VA, GA:
Diana Iriarte
Email: diriarte@ducks.org
Phone: 843-277-8241
Ali Bastian
Email: abastian@ducks.org
Phone: 843-628-1626
1. The protection of land for outdoor recreation by, or the education of, the general public.
2. The protection of a relatively natural habitat of fish, wildlife, or plants.
3. The protection of open space, including farmland and forestland, for the following:
- The scenic enjoyment of the general public.
- Pursuant to a clearly delineated federal, state, or local government conservation policy, and will yield a significant public benefit.
- The preservation of a historically important land area or certified historic structure
Yes. You retain full ownership of your land. Depending on the agreed terms, you may continue farming, grazing, hunting, or recreation. You may also sell or deed the property to others, subject to the easement restrictions.
An easement may be granted for a term of years or in perpetuity. However, for a landowner to take full advantage of the possible benefits of a donated easement, it must be given in perpetuity.
Only allowed with court approval upon showing that the original purpose for the easement is no longer valid. Reasons for amending an easement typically include clarification of terms or additional restrictions. Generally, an easement will only be amended if the amendment strengthens the document and increases the property's protection. The document is recorded on the land records of the town or county where the property is located. All subsequent owners of the property, or anyone who obtains an interest in the property, purchase it subject to the easement terms.
Monitoring and enforcement of the terms of the easement are a cooperative effort between the landowner and the easement holder (such as DU). The easement holder is responsible for enforcement of the restrictions in the document, must monitor the property on a regular basis and maintain a written record. Each year a regional biologist or other qualified representative from DU will visit the property and prepare a written report based upon the condition of the property. Usually, the owner or his manager chooses to accompany the biologist. Both parties need to be assured that the property continues to be maintained in compliance with the terms of the easement. Should the monitoring uncover a violation, DU has the duty and legal right to require the owner or violator to correct the problem including taking legal action. Regular communication between the landowner and the holder helps eliminate the need for legal action, and most problems are solved by the parties themselves.
Landowners play a key role in the conservation easement process and should consult legal and tax advisors early on. Responsibilities include obtaining a qualified appraisal to determine the property's value before and after the easement, which helps establish any potential tax deduction. A Baseline Documentation Report (BDR) is also required; this report captures the property's conservation values, current conditions, and land management practices, and is essential for long-term monitoring and enforcement. In addition, landowners must secure a title search or opinion to identify any existing encumbrances that may affect the easement. Ducks Unlimited can assist landowners in coordinating these steps, though costs—particularly for the appraisal and BDR—should be expected.
If a conservation easement meets IRS requirements, the donor may qualify for a federal income tax deduction based on the appraised value of the easement. Deductions are subject to annual income limits but can be carried forward, and some states may offer additional tax credits. Always consult a tax professional for details.
An easement donor may be entitled to a reduction in property taxes. Property taxes are based on the assessed value of the property, which is determined by the “highest and best use” for the property. When a conservation easement is placed on a property, it changes the highest and best use of the property and reduces the market value of the property in an amount that corresponds with the easement restrictions. This results in a corresponding reduction in the property taxes. Land restricted by a conservation easement also may be eligible for other tax relief through state or local programs that help forestland and farmland owners.
The landowner is typically responsible for obtaining a qualified appraisal, a title search or title opinion, and a Baseline Documentation Report (BDR) that documents the property's existing conditions. DU can help coordinate these steps and identify trusted service providers.
DU has the responsibility of monitoring and enforcing the easement in perpetuity, which requires funding. DU has established a restricted stewardship endowment fund for the permanent work of monitoring and enforcing easements. DU will request that each donor make a tax-deductible donation to the endowment fund. This donation is based upon the size and location of the donated easement. A donation to the fund ensures that the owner's wishes will be carried out in perpetuity.
A conservation easement, if recorded after a mortgage, could be extinguished if the mortgage is foreclosed. If there is a mortgage on a property of interest, the mortgage should be identified and subordinated. That is, the existing mortgage holders will have to subordinate (make secondary) their rights to those of the easement holder. The donor should contact any lenders early in the easement process and obtain a subordination for those mortgages.
No. DU carefully balances the conservation impact of a potential project with the long-term costs required for DU to monitor easements annually. Additionally, we concentrate our conservation efforts in areas of the greatest importance to waterfowl, including the important nesting, migration, and wintering areas for migratory birds throughout North America. If the property does not fit with DU's mission, DU will help the landowner find a more appropriate organization to accept the easement.
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