The Conservation Restriction: A Flexible Land Planning Tool

The most commonly-used tool for land protection in Carlisle is the Conservation Restriction or “CR.” Since Jim and Wendy Davis of East Street granted Carlisle CR #1 to the Town in 1973, nearly 40 separate CRs have been recorded with several more in the works today.

The CR is a voluntary legal agreement entered into between a landowner and a qualified conservation organization, such as CCF, or a government entity, such as the Town of Carlisle. In order to protect the land's natural resource values, each CR permanently limits a property's uses, while maintaining private ownership and control of the land. The CR "runs with the land" -- it is approved by both the Town and the State, recorded at the Registry of Deeds, and is binding on present and future owners of the property.

The CR owes its popularity to its flexibility as both a land-planning and financial tool. The donating landowner works with the organization or government entity that will hold the CR to define the restrictions that will protect the land (such as no building, excavation, or clear-cutting of trees) and to specify conservation or agriculture-friendly uses that will be permitted (such as trails and certain recreational activities, or managed forestry). Public access is encouraged, but not required. Each CR reflects the special needs and vision of each landowner, as well as the unique features of the land.

The CR also provides financial flexibility. In granting a CR, the landowner may permanently reduce the economic value of the land, which is considered a charitable donation eligible for deduction from income taxes. The reduced land value may also help reduce gift or estate taxes. For some, this can make the difference between having the land sold to pay estate taxes and being able to leave the property to children.

As of late November, it appears that Carlisle will be adding one new CR for 2002. Rev. Janet Lovejoy of West Street is moving forward with a second, 35-acre CR, directly adjacent to a 22-acre CR she donated two years ago. CCF is working with several Carlisle residents who are at various stages in the process. Stay tuned for more good news in 2003 as these gifts are finalized.

CCF assists landowners by providing information, access to professional resources, and acting as grantee for CRs. For further information, please contact Wayne Davis.

Wayne Davis