Information on Conservation Easements
Here is a list of "enabling" items that foster good conservation easement 
practices for grant recipients:  
 
1. General. Please highlight suggested changes to the proposed conservation 
easement that vary from Clean Water's standard easement template. If your 
proposed changes were not a part of your grant agreement then please discuss 
them with our office prior to inclusion in your easement. 
2. Attorney. Obtain a qualified and experienced real property attorney to perform 
the title search and closing.  As soon as your attorney is engaged, he or she 
contact the Trust Fund's Real Property Counsel to discuss the title and closing 
requirements.  
3. Copies of Exceptions. Copies of all exceptions to title listed on the title 
commitment should be sent to CWMTF for review and approval. Take special 
notice that we cannot accept property that is subject to a mineral rights 
reservation. Approval of exceptions to title is entirely within the Trust Fund's 
discretion. 
 
4. Access to the Property. The grant recipient and the state must have access to 
the Property from a public right-of-way, and access over, upon and across the 
Property to and from the Easement Area.  Based on the information revealed in 
the title search, you may be required to obtain a right-of-way for access that can 
be assigned to the state.  
5. Appraisers and Appraisals. Hire competent appraisers with experience in 
appraising conservation easements. The appraiser must follow the State's 
requirements and guidelines. Your appraiser should take into account 401 
regulations; flood areas; wetlands; and other indications affecting the appraised 
value.   Please see the appraisal requirements for additional information. 
Obviously, more comparable sales data exists today than did a few years ago. 
Many more conservation easements have been acquired for a consideration. 
Have your appraiser to utilize the "sales comparison approach" where sufficient 
data exists. 

If the conservation easement is a portion of a parent (larger) tract the appraiser 
should give a "before" easement and "after" easement value. Remember, if the 
easement area will not stand on its own as a separate parcel of land, then it 
cannot be appraised separately from the parent tract.  
 
6. Improvements. Please share any information regarding all improvements with 
your CWMTF field representative at the onset of your application. This will better 
allow CWMTF to assist you in working through any obstacles that may arise.   
The purpose of CWMTF grant funds is for the purchase of property or 
conservation easements and conservation of the property only; funds may 
not be used for the purchase of any improvements or debris on the 
property. 
 
7. Environmental. Please review your Phase 1 Environmental Site Assessment. 
You will be asked to clean up any debris or waste on the Property. It is better for 
you to address these issues well before a projected closing date. CWMTF will 
need written verification that all matters are addressed or will be addressed by 
the land trust. 
 
8. Closings. Keep us well informed of all upcoming closings. Be sure to allow 
our office enough time to review your appraisal, environmental assessment, and  
documents to be recorded. Call our office to work through required documents 
and any problems or title issues, and receive approval to close.  Proceeding 
without our approval will be at your own risk. Do not proceed to closing without 
our approval unless you are willing to accept the consequences. We are here to 
help! 
CWMTF Information On Conservation Easements
3/28/2005
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