Madison-Morgan Conservancy
"Thousands of tired, nerve-shaken, over-civilized people are beginning to find out that going to the mountains is going home, that wilderness is a necessity, and that mountain parks and reservations are useful, not only as fountains of timber and irrigating rivers, but as fountains of life!" - John Muir
- Educating, Preserving, Conserving Morgan County, Georgia
FAQ's
Q: What is a Conservation Easement?
A: A Conservation Easement is a written legal contract designed by the landowner and held by a land trust, or other governing entity. The contract determines the use of land, while allowing landowners to retain full ownership, obtain a tax deduction, and possibly reduce future estate taxes. Landowners retain the authority to sell the land or pass it on to their heirs, but future owners must abide by the regulations stipulated in the easement contract. Each conservation easement is tailored to the individual landowner and may apply to a portion of the land, providing flexibility for the remainder of the property.
Q: What is Conservation Subdivision?
A: In general, a Conservation Subdivision is a tract of land divided into lots suitable for homebuilding purposes, retaining up to 30% of the land as green space. If the green space percentage is met, the developer is rewarded with the ability to increase the number of lots within the subdivision. The regulations for the Conservation Subdivision vary from county to county, and currently Morgan County’s Commissioners are debating the specifics of the county’s regulations. Morgan County recognizes the Conservation Subdivision as a sound development tool for maintaining and protecting the value of our land as well as our quality of life.
Q: What can an individual landowner do to conserve land?
A: Individual landowners can do many things to conserve land, and the most common and most efficient two methods are (1) placing Conservation Easements on their property and (2) selling their development rights. Of course, landowners can also educate themselves and others about conservation practices and support their local conservancies, as grass roots organizations tend to have the most impact on local planning and development.
Q: What is TDR (transfer of development rights)?
A: Transfer of Development Rights (TDR) is a process through which landowners can sever the development rights from their property and sell them for a profit. The State of Georgia has enacted enabling legislation to allow for this type of program, but as of 2004, there are only two programs in the state: Fulton County’s Chattahoochee Hill Country Program, and the City of Atlanta Program. Morgan County is approaching the time in which it would be appropriate to institute a TDR program.
In order to sever the development rights from property, there must first be a valuation of the property and of the development rights. TDRs are considered real property and therefore are transferred through a real estate transaction. In a simultaneous action, the development rights are severed and a conservation easement is placed on the property which preserves the property in perpetuity. Each conservation easement is different and can be tailored by the land owner to provide for the desired uses of the property, including farming, cattle grazing, building sites, recreation, etc.
TDR programs are relatively new and have experienced a range of success. Montgomery County, Maryland has the most successful program in the country which has been able to significantly reduce the amount of farmland being converted to subdivisions and has preserved approximately 40,000 acres of farmland, allowing for a viable farming community. To read more about Montgomery County, Maryland’s TDR program, please visit http://www.malpf.info/index.html. Another exvellent source is www.beyondgivingsandtakings.com.