Conservation Restriction Review Program

Find details here on the Conservation Restriction (CR) Review Program, including the DCS Model CR and Submission Form, and links to other resources you may find helpful in preparing your CR for review.

What is a Conservation Restriction - A conservation restriction is a legally enforceable agreement whose purpose is to ensure permanent protection of specific conservation values while permitting limited land uses consistent with the protection of said conservation values. Different from term-limited restrictions, conservation restrictions, as defined in Sections 31-33 of Chapter 184 of the Massachusetts General Laws, are permanent restrictions that require the approval “in the public interest” of the Secretary of Energy and Environmental Affairs. DCS manages all reviews for CRs that will be held by charitable corporations/trusts, or municipalities.

Important information when drafting or submitting to EEA-DCS

• Conservation Restrictions (CRs) may be granted by public or private landowners only to qualified organizations. The landowner granting the CR is the “Grantor”.
  • Organizations qualified to hold CRs (the “Grantee”) include governmental units (e.g., Conservation Commissions or Water Supply Divisions) and non-profit organizations whose purposes include conservation of land or water (e.g., a land trust/conservancy or similar organization). CRs may be “co-held” by more than one grantee.
• The Grantor and Grantee may not be the same entity, nor may they be divisions of the same entity (e.g., a Select Board and Conservation Commission of the same town).
• Amendments to existing CRs must go through the same submission and review process in the same manner as a new CR.
  • Parties are encouraged to seek their own legal council before submitting an Amendment to EEA-DCS.
  • Add in Amendment help if any
• Practitioners are strongly encouraged to follow DCS’ Model Conservation Restriction.

To Submit a CR For Review

1. Download and complete the submission form
2. E-mail the submission form, draft CR in word, and required attachments (see ‘Attachments’ section of the submission form) to [e-mail]
   1. Once your complete submission is received, we will email an acknowledgement letter.
3. Please do not proceed with obtaining local approvals and signatures until receiving a formal notice from EEA-DCS to do so.

Suggestions or Comments Concerning the EEA-DCS CR Model Template

Please submit any suggestions or comments to EEA-DCS concerning the current EEA-DCS CR model template here:  EEA-DCS Conservation Restriction Template suggestions

EEA-DCS will review and address any comments received on a timely basis. If a response is warranted, someone from EEA-DCS will reach out to you. Thank you for your input and cooperation. 

Resources:

1. EEA-DCS Model Conservation Restriction
2. EEA, DCS Conservation Restriction Submission Form April 2023