Eligibility Requirements

Easement Donation Requirements

Donated conservation easement offers will be considered on an individual basis. They do not necessarily have to meet the specifications of purchased easements.

Easement Purchase Requirements

Easement purchase offers must meet the following requirements to be considered.

  1. The property offered for easement must be located in Hampshire County.
  2. The property offered for easement is a minimum of 20 acres.
  3. The property offered for easement must be 50% or more prime, unique, state-important, or locally-important soils.
  4. The property offered for easement must be 66% or less forested land.
  5. The property offered for easement is able to be developed, according to federal, state, and local regulations. Confirmation letter from the County Planning Office required.
  6. The property owner is willing to sign a purchase agreement, once funded and appraised, binding the landowner to sell the conservation easement to the Hampshire County Farmland Protection Board. (See attachments. Conservation Easement Purchase Agreement)
  7. No commercial or industrial structures are located on the parcel other than limited agricultural and home-based business buildings.
  8. Clear title to the property is established or subordinated.
  9. Secured debt on the property must be subordinated by the lender. (See attachments. Letter must be completed and signed by lenders)
  10. The property is free of any developmental oil or gas leases or mineral extraction leases. (Non-developmental oil or gas leases may be permitted-subject to approval.)
  11. Mineral rights are owned by the surface owner. (If severed, must be resolved by repurchasing mineral rights, subordination agreement, or successful remoteness test -subject to approval)
  12. The property contains no buried fuel tanks. (tanks can be removed)
  13. The application is signed by the property owners and turned in on or before the deadline. (late applications cannot be accepted for the current round of funding, but may be considered for future rounds)
  14. The application clearly states an offering price that is equal to or less than the HCFPB’s current rate cap of $2,100 per acre. (Offering price cap amounts are evaluated yearly, based on conservation easement values and market prices.