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Managing Conservation Easements in Perpetuity - Environmental ...

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VLT LANDOWNER INFORMATION SERIES<br />

Stewardship’s Frequently Asked Questions Page 3 of 4<br />

What is this: the “current use” or "use value" program?<br />

The use value assessment program is a contractual arrangement with the state that assesses taxes based<br />

on how the farmland and forestland are used rather than on their development potential. In general, land<br />

<strong>in</strong> the program must be at least 25 acres <strong>in</strong> size not <strong>in</strong>clud<strong>in</strong>g two acres of land with your house.<br />

Forestland must have a forest management plan that has been approved by the county forester. Land <strong>in</strong><br />

the program is given the same tax assessment (the rates <strong>in</strong> 2005 were $122 per acre for agriculture land<br />

or $120 per acre for forest land) for all purposes: local taxes for municipal services, the statewide<br />

property tax for education fund<strong>in</strong>g, and any local tax for additional school spend<strong>in</strong>g beyond the state’s<br />

per-pupil grant. We also have a more detailed bullet<strong>in</strong> on property taxes and we can help you enroll<br />

your conserved land <strong>in</strong> the use value program.<br />

Do I need a forest management plan?<br />

Only if you plan to harvest trees for sale, <strong>in</strong>clud<strong>in</strong>g lumber, chips, firewood or saw logs, or want to<br />

enroll your woodland <strong>in</strong> use value. Your conservation easement probably allows logg<strong>in</strong>g but only after<br />

Pieter van Loon, our forester, has approved a forest management plan for your land. Depend<strong>in</strong>g on what<br />

you plan to do, your forest management plan may be short and to the po<strong>in</strong>t or very detailed. We<br />

recommend that you hire a consult<strong>in</strong>g forester and talk to him or her <strong>in</strong> some detail about your plans<br />

before decid<strong>in</strong>g whether to put together a plan on your own or to hire a forester to do it for you. Please<br />

call Pieter at (802) 251-6008 if you have any questions about this or would like the names and numbers<br />

of foresters. We also have a more detailed bullet<strong>in</strong> on forest management.<br />

What if I want a bus<strong>in</strong>ess <strong>in</strong> my home or barn that is not agricultural or forestry?<br />

Please call us. You can start a bus<strong>in</strong>ess <strong>in</strong> your home or sometimes <strong>in</strong> an out-build<strong>in</strong>g as long as<br />

you tell us ahead of time and we agree. We usually approve bus<strong>in</strong>ess <strong>in</strong> the home with some<br />

limits on numbers of employees. If you want to use your conserved land for fun, learn<strong>in</strong>g and to<br />

provide the benefits of open space to your community—that is someth<strong>in</strong>g we can approve too<br />

just as long as these activities don't detract from the reasons we helped conserve your land. Some<br />

home bus<strong>in</strong>esses that we have approved are bed & breakfasts, weav<strong>in</strong>g, knitt<strong>in</strong>g, home bakery,<br />

account<strong>in</strong>g services, and tool sales. Some out-of-home bus<strong>in</strong>esses that we have permitted on<br />

conserved land are the repair of farm equipment, sleigh rides, trail rid<strong>in</strong>g, and cross-country<br />

ski<strong>in</strong>g for a fee.<br />

What am I supposed to do before l sell my land or give it to my children?<br />

Please call us to tell us the names of the people buy<strong>in</strong>g your land, even if they are family, so that<br />

we can <strong>in</strong>troduce ourselves. Also, if your conservation easement gives us a right-of-first-refusal,<br />

we ask you to complete a simple one-page form tell<strong>in</strong>g us about the person offer<strong>in</strong>g to buy your<br />

land before we can decide if we will give up our right to buy your land. If the buyer is a family<br />

member then you do not need to ask us to waive that right.<br />

Isn’t the Vermont Land Trust a state agency?<br />

No. VLT is a private non-profit corporation organized as a publicly supported charity to help<br />

conserve land for the future of Vermont. Your land may have been conserved as a jo<strong>in</strong>t<br />

Violation Resolution and Easement Defense 373<br />

VLT: Stewardship’s FAQs

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