Land Preservation FAQ

Frequently Asked Questions

What is the goal of the Land Preservation Committee?

The Land Preservation Committee (initially called the Land Use Committee) was formed in 1987 out of rising concern for the loss of open space, especially farmland, due to developmental pressures. Specific goals of the Land Preservation Committee are described in Solebury Township’s Open Space Plan of 2008.  These goals include:

  • Protect Ground Water resources – Integrate open space preservation, municipal planning and growth management to support land use that protects the quality and quantity of ground water, recharge areas and prevent nonpoint pollution (resulting from many diffuse sources, i.e. water runoff, drainage, etc.)
  • Preserve Farmland – Preserve farmland and agricultural soils through farm easements in important farming areas throughout the township.
  • Protect Critical Natural Resources – Protect important environment features such as forests, floodplains, stream and river corridors, slopes, wetlands and limestone/carbonate areas.
  • Protect Scenic Views – reference the scenic view shed map that identifies those historical, rural, village or watershed locations.

What is a conservation easement and how does a conservation easement work?

A conservation easement is a power invested in a private land conservation organization (often called a “land trust”) or government (i.e. Solebury Township) to constrain, as to a specific land area, the exercise of rights otherwise held by the land owner so as to achieve certain conservation purposes. The conservation easement typically forbids or substantially constrains subdivision and other real estate development. It is an interest in real property established by an agreement between the land owner and the land trust or unit of government. The grant of a conservation easement, as with any real property interest, is part of the chain title for the property and is recorded in local land records. The conservation easement “runs with the land” meaning it is applicable to both present and future owners of the land. The restrictions are perpetual. Unlike land use regulation, a conservation easement is placed on a property voluntarily by the owner whose rights are being restricted. Although a conservation easement prohibits certain uses by the land owner, such an easement does not make the land “public”. The conservation agreement keeps the land in the ownership and control of the landowner for uses consistent with the conservation objectives. The land owner may receive significant state and federal tax benefits for having donated or sold the conservation easement. The landowner should contact a tax advisor to quantify this value.

Is there any cost to the landowner for granting a conservation easement on his property?             

In the case of a “donation” of a conservation easement, the landowner pays for his appraisal and any legal and tax consulting fees. Solebury Township pays the legal fees to prepare the documents, recording fees, title insurance fees, survey, and the land trust fees for the baseline report and the endowment charge for the annual monitoring. The fees paid by Solebury Township represent the majority of the cost to enact a conservation easement.

In the case of a “purchase” of a conservation easement, the landowner pays for the survey and any legal and tax consulting fees. Solebury Township pays the legal fees to prepare the documents, recording fees, title insurance fees, the cost of the appraisal, and the land trust fees for the baseline report and the endowment charge for the annual monitoring. The fees paid by Solebury Township represent the majority of the cost to enact a conservation easement.

How is the Land Preservation Program Funded?

 There are three sources of funding:    

Township voter referendum – Most of the preserved land in Solebury has been funded via this method through voter approved referenda. There are more stringent restrictions in the easement terms when Township funds are involved.

County/State funds – Large tracts that stand alone must be 50 acres or more and continuously farmed to be considered under the county agricultural land preservation program.  County/State funds are only available on properties under 50 acres if they are contiguous to larger preserved tracts and they are continuously farmed. All funding is capped on a per acre basis.  

Private Funding – There are outside conservancies which have the ability to contribute to the acquisition of conservation easements. Heritage Conservancy and Land Trust of Bucks County are two such land trusts which have participated with Solebury Township in the past.

In the event a property owner chooses to preserve their land through donation, there can be federal, state and local tax advantages.

How involved is the Land Preservation (LPC) in the Individual Land Preservation Process?

All members of LPC are volunteers who represent both the interest of the township taxpayers as well as the property owners who wish to preserve.  The LPC recommends a purchase price for a conservation easement for consideration and approval by Township's Board of Supervisors.