Massachusetts Conservation Restrictions

What is a Conservation Restriction?
A conservation restriction is a legally binding agreement between a landowner (grantor) and a holder (grantee) - usually a public agency or a private land trust; whereby the grantor agrees to limit the use of his/her property for the purpose of protecting certain conservation values.

The conservation restriction may run for a period of years or in perpetuity and is recorded at the Registry of Deeds (it runs with the title). Certain income, estate or real estate tax benefits may be available to the grantor of a conservation restriction.

What is the Role of EOEA?
In Massachusetts, all conservation restrictions held by municipalities or private, non-profit land trusts must be approved by the Secretary of the Executive Office of Environmental Affairs (EOEA).

M.G.L. ch.184, s.31-33 requires Secretariat approval of conservation restrictions as a means of assuring "public benefit." The Secretary’s approval affords certain protections for easements in gross and in perpetuity.

The Director of the Division of Conservation Services (DCS) has been assigned to make recommendations for approval, modification, or rejection of requests for approval by the Secretary.

The DCS provides assistance to landowners, municipalities, and land trusts regarding conservation restrictions and has produced The Massachusetts Conservation Restriction Handbook as a guide to drafting conservation restrictions and to obtaining Secretariat approval.

Contact:
Irene DelBono
(617) 626-1138
Irene.Del-Bono@state.ma.us