Program Eligibility and Information

In 2006, voters approved a $20 million bond to start the county's Land and Water Legacy Program, which purchases land or rights to land through conservation easements to keep them in their natural condition. The program is ongoing and has worked with partners to invest over $40 million to protect over 1,300 acres of high-quality natural lands.

Conservation easements are a legally binding, voluntary agreement between a landowner and the county where the landowner agrees to limit the future use and development of their property to permanently preserve its natural features. Lands which are protected by a conservation easement may remain in the landowner’s private ownership, with the landowner retaining the right to use and manage the land in line with the terms of the conservation easement. When the land is transferred to a new owner, the easement stays with the land ensuring permanent protection.

Conservation easements are one of the most effective tools for permanently protecting natural areas and can be tailored to address unique characteristics and goals of the landowner and property. Easements may be written to accommodate existing and future improvements on the property, which are guided by a management plan approved by the county.

Washington County only works with willing sellers on land protection projects. The applicant must be the owner of a property in Washington County or a representative of the owner. Additionally, voter referendum language requires that funds are used for the following purposes:

• Improve water quality of rivers, lakes, and streams.
• Protect drinking water sources.
• Purchase parkland, including trail corridors. (Please note - Parkland acquisition is a separate process from conservation easements.)
• Preserve wetlands and woodlands.
• Protect land along water bodies from development.

Every conservation easement project is unique and tailored to the landowner’s needs. When working with Washington County on conservation easement projects, landowners should keep in mind that:

• While Washington County is often able to accommodate landowners desired timelines, closing on a conservation easement can be a lengthy process, taking on average 1–2 years.
• Washington County conducts appraisals for conservation easement projects, the county does not offer more than the appraised value.
• Washington County does not accommodate agricultural use on conservation easement properties.

Washington County utilizes a data-driven prioritization system which identifies 10 Priority Conservation Areas. Properties within these “Priority Conservation Areas” are a higher priority for county protection. However, properties outside of these areas may also be considered.

The Washington County Board of Commissioners make the final decision on whether projects move forward.

Each conservation easement will have varying terms and conditions governing the use of a landowner’s property. While allowances and restrictions vary, landowners are minimally responsible for the following:

• Landowners must comply with all terms and conditions outlined in the conservation easement.
• Landowners must allow Washington County or partner organization staff access for the monitoring of conservation easement properties through an annual site visit. Private landowners will be contacted before this visit takes place.
• Landowners must notify Washington County staff before exercising certain rights outlined in the conservation easement, including selling or transferring the land’s title.