Saving Land. For Everyone. Forever.

• Preservation of land for outdoor recreation by, or the education of, the general public.
• Protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem.
• Preservation of open space (including farmland and forest land) either for the scenic enjoyment of the general public or pursuant to a clearly delineated governmental conservation policy (both purposes must yield a significant public benefit), or
• Preservation of a historically important land area or a certified historic structure

Identification of Conservation Purpose
Each conservation purpose must be identified in the deed of conservation easement and further described in a Baseline Documentation Report. The Baseline Documentation Report is produced based on site visits, interviews with those familiar with the property, and research. In addition to describing the conservation values, the document outlines the current conditions on the property at the time the conservation easement is deeded. This includes landscape condition and all natural and human-made features as they relate to the terms of the conservation easement.

Who qualifies as a farmer or rancher?
The 2015 law defines a farmer or rancher as someone who receives more than 50% of his or her gross income from “the trade or business of farming.” The law references IRC 2032A(e)(5) to define activities that count as farming, including:

• Cultivating the soil or raising or harvesting any agricultural or horticultural commodity (including the raising, shearing, feeding, caring for, training and management of animals) on a farm;
• Handling, drying, packing, grading or storing on a farm any agricultural or horticultural commodity in its unmanufactured state, but only if the owner, tenant or operator of the farm regularly produces more than one-half of the commodity so treated; and
• The planting, cultivating, caring for or cutting of trees, or the preparation (other than milling) of trees for market.

For an easement to qualify for a farmer or rancher, it must contain a restriction requiring that the land remain “available for agriculture.” This provision also applies to farmers who are organized as C corporations.

The conservation fee covers:
The preparation of the NM State tax credit LCIA application (a two-step process), the drafting of the Deed of Conservation Easement, wildlife and vegetation inventories to create the Baseline Documentation Report and prepare topographic and aerial maps and photographs of the property. We work with you and your advisors to guide you through the process of protecting your property in perpetuity legally. We help you to prepare the documentation that you need to complete the NM tax credit process and the Federal IRS documentation that you will need to claim your tax deduction.

Stewardship
With each conservation easement, the Santa Fe Conservation Trust and the landowner take on the responsibility and obligation to protect the conservation values of the property. Protection is ensured by ongoing stewardship of the land. Communication, stewardship education and support are essential components of a successful conservation easement program. On working lands (agricultural and timber lands) it may mean input on the development of a management plan. The Santa Fe Conservation Trust may be able to provide and/or identify expertise and other resources for such efforts. At a minimum, the Santa Fe Conservation Trust annually contacts the landowner and/or property agent and monitors each property to ensure compliance with the terms of the conservation easement. All of this is documented, compiled as part of the record for each easement and provided to land owners.

Stewardship Endowments
Significant staff time and resources are required to fulfill the legal obligations of an easement. For this reason, the Santa Fe Conservation Trust has established an endowment to cover the costs associated with our stewardship responsibilities. Monitoring the conservation easement: the Santa Fe Conservation Trust visits properties under conservation easement at least annually to ensure that the terms of the easement are being met and to document the condition of the property. Legal defense: Part of the endowment will build the Santa Fe Conservation Trust’s legal defense capabilities. Over time, there may be violations of the conservation easement restrictions. The Santa Fe Conservation Trust needs to be prepared to defend restrictions through litigation if voluntary means fail. The Santa Fe Conservation Trust calculates costs to cover perpetual stewardship for each specific property. The Stewardship donation is a suggested charitable donation and is not a prerequisite for acceptance of a conservation easement. However, the Santa Fe Conservation Trust must cover these costs before accepting a conservation easement.

• Protect water quality
• Conserve wildlife habitat
• Preserve open space
• Preserve working farmland, ranchland, timberland
• Maintain character of rural communities
• Buffer public lands
• Maintain landscapes for tourism
• Require less in public services, generate more in local revenues
• Stretch public conservation dollars