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During the thirteen years
Al and I lived in Holly, Michigan, we watched the surrounding open lands
vanish as houses popped up like mushrooms. A plotted
subdivision, named for the family who sold the land, has replaced the
hundreds of acres of corn across from our century-old farmhouse. This field once served as an important
fueling stop for thousands of sandhill cranes
during their fall migration.
Whatever became of the cranes I enjoyed? I wonder.
The rural charm that had
attracted us to Holly began to disappear. Holly, a quaint town sandwiched
between Flint and Pontiac had become a magnet for land developers hungry to
make a dollar and little was stopping them. Across the nation an estimated
6,000 acres of open space are lost each day; a rate of 4 acres per minute
and Holly was doing its part. We decided to look north and began
purchasing land in the Upper Peninsula with the hope of retiring there some
day.
That dream became a
reality in 1995, sooner than we planned, when I was given the opportunity
to transfer with my job. We now own 280 acres of land along the South
Branch of the Ontonagon River, a river Al has canoed and enjoyed since the
early seventies. Al had fought for its protection in 1990 when he
testified before the House Interior and Insular Affairs Subcommittee asking
that the river be included in the Wild and Scenic River System.
I always had an interest
in wildlife, though growing up in New York City it was more common to watch
rats scampering among the pilings in the harbor, than to see a
rabbit. The primary goals for our U.P. property were to minimize our
footprint, protect the river corridor and manage the land to enhance
wildlife habitat.
In 2005, 23 acres of our
property was restored to wetlands under the USDA’s Natural Resources
Conservation Service Wetlands Reserve Program. In exchange for the
restoration project, we placed a total of 40 acres under a perpetual
conservation easement, insuring that this parcel will remain a haven for
waterfowl, marsh birds and amphibians forever. Seemingly overnight,
an old hay field was transformed into a cacophony of chirps, cackles, wails
and honks. Spring peepers, toads, bitterns, geese, ducks, warblers, redwing
blackbirds, tree swallows each began proclaiming their new
territories. Our new wetlands have become a place for us to find
solitude and enjoy nature. It also serves as a refuge for turtles and
an oasis for other wildlife, including deer, bear, bobcat, coyote and an
occasional wolf.
As we settled into
“middle-age”, we talked about our long-term vision for our property and
what, if any, legacy we might leave. What will become of the land we
love after we are gone? Throughout the years we have received
and discarded many solicitations from developers eager to purchase river
property and companies wishing to purchase a small parcel for a
communications tower. Will the next owners take the cash, subdivide
and develop the land in the name of “progress”? These thoughts motivated
us to take action. We contacted the Keweenaw Land Trust and
decided to place our land under a conservation easement.
A conservation easement
is a legal document, recorded with the County Register of Deeds, outlining
both prohibited and allowed uses in perpetuity regardless of who owns the
land. For the rest of our lives we may retain ownership, or we
may sell, bequeath or transfer the land. All future owners must abide by
the terms of this easement, forever.
The activities allowed
with a conservation easement depend on the landowner’s wishes. With our
easement, 3 ½ acres have been designated as a building area with the fewest
restrictions and allows for one residence along with outbuildings. The ½
mile of river frontage has the most stringent restrictions and will remain
forever wild. Except for a trail
that currently exists, there are no other permitted activities within a
200-foot buffer along the entire stretch of our river property. For the remaining lands, existing trails
and hunting blinds can be maintained, logging and hunting are permitted and
the land will continue to be managed for wildlife habitat. However,
the land can never be sub-divided nor will there ever be activities
associated with mining or a communications tower with annoying red lights
blinking throughout the night.
Along with our goals for
the property, a conservation easement carries with it both Federal and
State tax advantages. Because our easement is perpetual and was
donated exclusively for conservation purposes, the Internal Revenue Service
allows for a tax deduction in an amount determined by the value of the
conservation easement. In Wisconsin, local tax assessors must
consider the effects of a conservation easement when assessing property.
In Michigan, there may be additional property tax relief for future
owners. Michigan’s Public
Act 446 signed in 2006, eliminates the “pop up” property tax on the
transfer of lands enrolled in a conservation easement.
We consider ourselves
fortunate to live in an area surrounded by public lands. However,
what occurs on private lands could affect the well being of many plant and
animal species, water quality and the aesthetic beauty of our
area. Many people are lulled into a false sense of security
trusting that good zoning will protect their land. But, time and time
again, we have witnessed zoning changed to accommodate small lots, with
little regard for our natural resources. An effective way to insure
your land will be protected for future generations is to place it under a
perpetual conservation easement.
Now that is a Legacy!
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