landconservation

photography by Wendy Chambers. Hay Field, Bulloch County, GA

Keep Bulloch Beautiful

Land Conservation Program Information

Goal

The goal of Land Conservation Action Plan is to put into practice the ideas and goals for protecting green space set forth in the Bulloch County Green Space Plan (adopted in 2003) and the Bulloch County Future Land Use Plan (adopted in 2006).

Phase 1 Strategies

conservation easements – work with private land owners to conserve land

educate community leaders and land owners: progams being conducted during August and September. E-mail KBB for a copy of program materials.
Provide literature to interested land owners and professionals
Develop list of potential participants

conservation development – offer incentives to developers to encourage setting aside land for green space and developing more environmentally sustainable subdivisions and commercial parks: Fall 2007
public land – purchase land and/or work with donors to obtain land

Links of Interest

Georgia Land Conservation Program

Georgia Land Trust

Land Trust Alliance

The Nature Conservancy

View the Bulloch County Land Use Plan

Bulloch County S&S Greenway Plans

Conservation Easements

The following information is taken from the Georgia Land Conservation Program and Georgia Land Trust..

There are many reasons to conserve land, including:

Maintains a clean and plentiful water supply
Reduces air pollution
Minimizes flood damage
Improves the tourism and recreation industries
Avoids the costs of development
Raises property values
Keeps prime forest and agricultural lands productive
Provides places to hunt and fish
Preserves our natural and cultural history

There are several ways to permanently conserve land. Typically it is done by:

Land Acquisition (donations, bargain sales, purchases) by public or private conservation interests
Conservation Easements (donations, bargain sales, purchases) held by public or private conservation interests
Regulatory Conservation Ordinances at the local, state, or federal level

Many people are becoming more interested in putting their land into a conservation easement. In addition to the environmental and historical benefits to conserving land, conservation easements can provide many tax incentives. Land owners should always consult with an accountant before deciding to place land into a conservation easement, but here is an overview of the tax incentives.

Federal Tax Deduction:

IRS Code Section 170(h) defines conservation purposes: basically protection of natural land for public use, for protection of habitat, for preservation of open space including working farm and timber land, or historically important buildings and sites.
The land DOES NOT have to be made available to the public if it goes into a conservation easement – that is the owner’s discretion.
Basically it’s the difference in the value of the property once it is put into a conservation easement. For example, it may go from having a value of $1,000,000 to $500,000. Each year for five years, the property owner can take a deduction of up to 50% of their adjusted gross income. If the income is $150,000, then they can take a deduction of $75,000 on the property in year one. They can do this for up to fifteen years or until they have taken deductions on the full $500,000.

year 1: 75,000
year 2: 75,000
year 3: 75,000
year 4: 75,000
year 5: 75,000
year 6: 75,000
year 7: 20,000
year 8: 20,000
year 9: 10,000
Total deduction over nine years = $500,000 (the difference in the land value once it is placed into the conservation easement)
The total deduction can be stretched out to last 15 years.

Farmers: If an individual has over 50% of his or her income from agriculture, then the amount of the conservation easement can be deducted for up to 100% of the taxpayer’s adjusted gross income.

State Tax Credit:

The Georgia State Legislature passed HB 1107, the Georgia Conservation Tax Credit Program, in 2006.
Under the new bill, ‘conservation land’ means land that provides any of the following:

Water quality protection for rivers, streams, and lakes;
Flood protection;
Wetlands protection;
Reduction of erosion through protection of steep slopes, areas with easily eroded soils, and stream banks;
Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species;
Protection of prime agricultural and forestry lands;
Protection of cultural sites, heritage corridors, and archaeological and historic resources;
Scenic protection;
Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and
Connection of existing or planned areas contributing to the goals in this paragraph.

Individual landowners can receive an income tax credit of up to $250,000 or 25% of the fair market value during the year in which the land is donated. Corporate land owners can receive up to $500,000 or 25% of the fair market value. The tax credit can be carried over for up to five years after the year of donation.
The Georgia Department of Natural Resources is responsible for determines if a piece of land is eligible for the Land Conservation Tax Credit Program.
In addition to the above mentioned land uses, the following requirements must be met to be eligible for the State Tax Credit Program:

No zoning requirements or bonuses(building density, etc) are met by the land in question
The land is not to be used for active recreation, such as a golf course or baseball fields
A complete application
Map, photographs, etc to help describe the land
Outline of long term land use plan
Complete requirements can be found at: www.glcp.org