“Small Parcel” Easements

RCCA often receives questions about how to donate a small parcel for a conservation easement. The answer is not a simple one since it is very hard to get a small parcel to qualify for a conservation easement. For starters, how big is a “small” parcel?

VOF Easements

Landowners learn the specifics about conservation easements at an RCCA informational gathering. Photo by Monira Rifaat.

If we define “small” in acres, The Virginia Outdoors Foundation (VOF), the organization that holds most of the easements in Rappahannock County, says that 100 acres and above receive first priority for evaluation, 40 to 100 acres second priority, and less than 40 acres third priority.

What if you don’t have 100? VOF is currently reluctant to consider smaller acreage parcels. How can you improve the chances of your donation being accepted?

VOF Guidelines¹ describe specific characteristics that make parcels attractive, characteristics that contribute to or add to a designated conservation resource.

Designated conservation resources are:

• Existing parks.
  For example, parcels that front on the Shenandoah National Park,.
• Designated scenic rivers.
  We have one scenic river, the Rappahannock, which has one easement that is less than 50 acres. However, there are prospects for more scenic rivers. The Hughes, Hazel, Rush, Jordan, Covington, and Piney Rivers, and the Thornton River from Fletcher’s Mill to State Route 729 are considered eligible. Jordan River riparian landowners have requested an evaluation of their river, and landowners on other rivers have formed task forces.
• Designated scenic roads (Virginia Byways).
  Rappahannock has four: Crest Hill Road, Fodderstack Road, FT Valley Road, and Rt. 522 (Zachary Taylor Highway) from Chester Gap to 211. In addition, Ben Venue Road (Rt. 729) and 522 from Sperryville to the Culpeper line are considered eligible by the Virginia Department of Conservation and Recreation (DCR), the agency that confers scenic designations. Local citizens can ask for evaluations of roads not listed by DCR.
• Rural Historic Districts.
  We have none. DCR recommends that Ben Venue and Fodderstack Roads be evaluated as our first. The Department of Historic Resources (DHR), which approves rural historic districts, also recommends that Yancey Road and FT Valley be evaluated. Landowners within the boundaries of a rural historic district can donate easements to DHR without respect for the size of the parcel.
• Historic Districts.
  We have three: Sperryville, Washington, and Laurel Mills. DHR holds easements on two properties in Washington, and recommends that Flint Hill and Woodville be evaluated.
• Historic Properties
  Parcels in the immediate viewshed of a property listed on the Virginia and/or National Historic Register may be eligible. Rappahannock has ten such properties: Caledonia Farm, the Flint Hill Baptist Church, Ben Venue, Meadow Grove, Calvert Mill/Washington Mill, Mount Salem Baptist Meetinghouse, the George Carder House, Montpelier, Sunnyside, and the John Miller House.
• Public scenic resources
  Parcels in the immediate viewshed of a designated public scenic resource are eligible. Skyline Drive and the Shenandoah National Park qualify.
• Agricultural and Forestal Districts
  We have several. Also, existing agricultural and forestal districts can be expanded both by adding contiguous land and by “tagging on” parcels of any size that are within two miles of the nearest border.

In addition, the supervisors can designate areas of significance to the county in the comprehensive plan. The county has not yet created these conservation areas. If it does, offers of easement donations in the defined areas may be viewed more favorably by VOF.

Other Organizations That Hold Easements

There are other organizations that will consider holding easements such as the Piedmont Environmental Council. The following agencies also hold easements but on such a selective basis that they currently hold only one or two easements in the county.

• US Park Service for parcels fronting on the Shenandoah National Park
• Culpeper Soil and Water Conservation District for CREP easements
• The Forest Service for forested tracts
• Chesapeake Bay Foundation
• Virginia Department of Historic Resources for parcels in historic districts
• Land Trust of Virginia

When selecting easement holders, care should be taken that organizations have access to financial and legal resources sufficient to monitor the easements and defend them in perpetuity.

Deed Restrictions

Landowners who are not interested in tax credits but wish to protect their land from subdivision can write restrictions in their deeds. However, the protection is only as strong as stewardship and enforcement mechanisms. If a new owner chooses to ignore the restriction there are no direct consequences.

1 Guidelines for VOF Staff to Use in Evaluating Potential Easement Properties: Criteria for determining property characteristics