Conservation Easements & Working Forest Community Easements: Five Key Differences
Easements are powerful tools for protecting our natural landscapes, but not all easements work the same way. At their core, easements allow landowners to set permanent protections or grant certain rights while still retaining ownership of their land.
While both Conservation Easements and Working Forest Community Easements aim to preserve land, their practices and limitations differ, though both share the goal of maintaining and improving ecological conditions. By understanding these key distinctions, landowners can make informed decisions that align with the unique needs of their woodlands and community. Here are five important differences to consider.
1. Approach to Land Use
Conservation Easement: These easements prioritize preserving natural resources by minimizing human intervention. The focus is on maintaining the land in its natural state, often limiting human access or activity to protect its ecological value. These easements are not commonly used in Nova Scotia, and they can be challenging to access for private landowners, as they usually require the presence of certain ecological features and/or species at risk.
Working Forest Community Easement: In contrast, a working forest community easement blends conservation with sustainable land use. This approach allows for ecological forestry practices that promote both forest restoration and economic productivity. It’s a holistic approach to conservation that benefits both people and nature—preserving forests while supporting livelihoods and local economies.
2. Commercial Activity
Conservation Easement: Most conservation easements strictly prohibit all commercial activity, including timber harvesting, to ensure the land remains undisturbed. This can make them ideal for preserving pristine ecosystems but limits opportunities for land stewards to derive financial benefit from their property or employ restorative practices.
Working Forest Community Easement: These easements permit certain types of commercial activity, such as ecological forestry and maple syrup production, provided they align with conservation goals. As part of the agreement, our field team works with land stewards to develop a comprehensive FSC–certified stewardship plan. This plan ensures that forest management practices support long-term ecological health while still allowing land stewards to maintain their livelihoods.
3. Residential and Agricultural Use
Conservation Easement: Residential and agricultural areas are often required to be subdivided out of the easement parcel, which can create financial or logistical challenges and restrict the integration of these uses with conservation efforts.
Working Forest Community Easement: These easements allow for the inclusion of residential and agricultural areas within the protected landscape. This is done through a thorough zoning process whereby land stewards work with our field team to divide their woodlands into three distinct zones: the working forest zone, residential/agricultural zone and conservation zone. Each zone has specific guidelines and restrictions tailored to its purpose. Zoning allows for effective stewardship and monitoring of properties while balancing conservation goals, ecological forestry, and land stewards’ current and future needs.
4. Legal Framework
Conservation Easement: Filed under the Conservation Easements Act, these agreements are established through well-defined regulations that prioritize long-term conservation goals. This framework restricts various activities to preserve natural features and the species that live there, often to protect rare plants, animals and critical habitats.
Working Forest Community Easement: Filed under the Community Easement Act, these easements provide a tailored framework that protects forests from development while allowing sustainable and restorative forestry. This adaptability allows land stewards to achieve their goals while promoting climate adaptivity, forest health and long-term ecological integrity.
5. Focus on Community Benefits
Conservation Easement: The primary goal is to protect natural resources and ecosystems, which often results in benefits to wildlife and the broader environment. These easements serve as a foundation for fostering a healthier environment that indirectly supports the well-being of local residents.
Working Forest Community Easement: In addition to preserving ecosystems, these easements emphasize community benefits by encouraging sustainable resource use and ecological restoration. This could include supporting local economies, fostering recreational opportunities, or providing educational resources about ecosystem-based forestry and conservation.
Choosing the Right Easement for Your Land
Both types of easements play an important role in land conservation, but they cater to different priorities. Conservation easements are ideal for landowners who wish to leave their property ‘untouched’, particularly when it has high ecological or habitat value that requires minimal restorative intervention. Working forest community easements are better suited for those looking to balance conservation with productive land use through ecological forestry.
If you’d like to learn more about working forest community easements and how they can benefit your property, feel free to reach out to us—we’d love to hear from you!