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The Massachusetts Conservation Restriction Handbook

Important Information:

The Conservation Restriction Handbook is being revised and updated, please use the 2008 Model CR and Application below rather than the one in the handbook

New 2008 Model Conservation Restriction

Updated Conservation Restrictions Application

Conservation Restrictions should be submitted for review in their final form (prior to getting signatures). Submitting rough drafts, or multiple drafts for review before all other comments have been incorporated is strongly discouraged. Following the format of the model Conservation Restriction above will provide a degree of confidence that there will be no major revisions required for the Secretary’s signature.

In cases where the Conservation Restriction being submitted is extraordinarily different, or you have very unique issues you would like to run by DCS, please call and discuss the Conservation Restriction, to determine if submitting a rough draft of the unique issues is advisable. This will assist us in our efforts to review everyone’s restrictions in a timely manner. Thank you for your cooperation.
 

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.

A 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 EOEEA?
In Massachusetts, all conservation restrictions held by municipalities or private, non-profit land trusts to be perpetual, must be approved by the Secretary of the Executive Office of Energy & Environmental Affairs (EOEEA).

M.G.L. ch.184, s.31-33 requires a finding of “public benefit” for Secretariat approval of conservation restrictions. The Secretary’s approval affords protections for conservation restrictions in perpetuity.

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
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Ian A. Bowles, Secretary
Executive Office of Energy and Environmental Affairs
100 Cambridge, 9th Floor
Boston, Massachusetts 02114		 Phone: (617) 626-1000      FAX: (617) 626-1181