Most of us celebrate when we learn of a new conservation easement protecting prime farmland from development. We feel good when we see a sign on a fencepost: “This land protected forever.” But what does it mean for a property to be protected? Does it mean that the “protection” extends to the environment and local quality of life? Not necessarily.
First, what is a conservation easement exactly? It’s an agreement between a landowner and a qualified entity — typically a government agency or nonprofit land trust — that places permanent restrictions on how the land can be used. Most often, these restrictions involve giving up the right to subdivide or develop the land for commercial purposes. The property owner still owns the land, but can’t develop it. Easements can promote a range of conservation values, from scenic beauty to historic character to working farms and forests.
One thing almost all conservation easements include is a provision that the land will be available for agriculture. But few easements recognize that “agriculture” can come in many forms, and that modern industrial agriculture is entirely inconsistent with conservation purposes. Regrettably, anything that can reasonably be labeled as “agriculture” is typically allowed under a conservation easement – including Confined Animal Feeding Operations, or CAFOs. As the name implies, CAFOs squeeze staggering numbers of swine, cattle, or poultry into enormous sheds where the animals often don’t have enough room to stand up, let alone move around. Most animals in the CAFO system see the light of day only once – on their trip to the slaughterhouse. Keeping so many animals under one roof creates real environmental risk. Excessive and poorly-managed waste can create environmental problems, fouling local water supplies and threatening wildlife. In light of these risks, you’d think conservation organizations wouldn’t allow CAFOs under their easements. The reality is that such restrictions are rare.
If you are considering donating a conversation easement over your farm, and you want to be sure that those who follow behind you won’t be permitted to operate a CAFO, here’s some language you could ask to have included in your easement. These are real-life examples.
- “CAFOs are prohibited on the Property. For purposes of this paragraph, a CAFO is defined as any operation that either: (1) meets the regulatory definition of a CAFO (pursuant to State or Federal regulations) or (2) the permitting authority (the Virginia Department of Environmental Quality or the U.S. Environmental Protection Agency) has designated as a CAFO.” – Example adapted from a Maryland conservation easement.
- ”Intensive agricultural uses requiring specialized structures such as feedlots or large scale poultry or swine breeding and raising buildings are prohibited.” – Example from a Virginia Outdoors Foundation conservation easement.