Land Protection and Conservation

Since its establishment in 1997 as a qualified nonprofit land trust, Bow Open Spaces has been dedicated to the protection and stewardship of Bow’s open spaces. As of 2024, our collective efforts have successfully safeguarded nearly 20 properties, totaling 2,000 acres, ensuring their permanent protection from development. This diligent work has preserved these unique landscapes for the benefit of future generations. Grateful for the commitment of a dedicated few, we are proud to provide the public with access to stunning forests, creating a thriving environment for both wildlife and the community in our capital region.

  • A land trust is a nonprofit organization dedicated to the permanent conservation of land, safeguarding its natural, economic, and cultural significance. These trusts proactively engage in activities such as acquiring or facilitating the acquisition of land or conservation easements, as well as responsibly stewarding the protected land or easements. Collaboration with landowners and communities is integral to their mission, accomplished through avenues such as accepting land donations, purchasing land, negotiating conservation agreements (conservation easements), and ensuring the sustained preservation of conserved land for future generations. Moreover, they play a crucial role in managing and restoring protected land, contributing to its long-term ecological health.

    Operating at the local, state, or regional level, land trusts collaborate directly with private landowners and community partners to conserve areas with natural, recreational, scenic, historical, or agricultural importance. The organizational structure of land trusts varies, with some being entirely volunteer-based, while others comprise a combination of volunteer boards of directors and paid professional staff. This staff typically possesses a diverse set of skills and experiences in conservation, overseeing the day- to-day operations and advancing its mission to preserve and protect valuable landscapes.

  • A conservation easement serves as a lasting safeguard for undeveloped land, aiming to safeguard its scenic, ecological, and natural resource values, as well as recreational potential. Importantly, this legal agreement does not alter property ownership but serves to restrict activities that could harm the land. Conservation easements allow both public and private lands to benefit from its protection.

    Each easement is meticulously tailored to the specific landowner and property, addressing specific needs. Typically, a conservation easement permits forestry and agricultural uses, protection and enhancement of wildlife habitat, maintenance of scenic views, and watershed protection. Public access, as well as recreational or educational uses, may be allowed, contingent on the landowner’s preferences.

    The easement constitutes a legal contract between the landowner and a conservation organization, municipality, or the state. This document is officially recorded in the registry of deeds and remains permanently binding on subsequent owners. In many cases, the landowner donates the easement to the receiving organization, although in some instances, the organization purchases the easement from the landowner.

  • Land can be safeguarded in perpetuity by contributing it to a recognized conservation organization, such as a land trust, state conservation agency, or municipal entity. Donating land not only serves as a meaningful charitable gift but also offers substantial tax benefits.

  • Landowners have the option to sell their land or conservation easement at a value below its fair market value. The variance between the appraised market value and the sale price, when sold to a qualified conservation organization like a land trust, qualifies as a tax-deductible charitable contribution. This arrangement not only generates income from the sale proceeds for the landowner but also offers potential tax benefits through the charitable contribution.

  • Land can also be conserved in perpetuity by selling it at fair market value to a reputable conservation organization, such as a land trust. However, it is important to note that most land trusts operate with limited financial resources, making it challenging for them to acquire land outright. To secure the property, a typical land trust often relies on applying for government grants and seeking public donations. The competition for these grants is intense, and the entire process can extend over a year or more before successfully obtaining the necessary funds.

  • Donating land or a conservation easement through your will or family trust is an alternative method to guarantee the lasting protection of your land while potentially alleviating your estate tax obligations. You have the flexibility to modify your will or family trust at any point, and the bequest only takes effect upon your death. This strategy is particularly beneficial if you wish to retain the financial value of your property for potential unforeseen expenses, such as medical bills while ensuring that the land will be conserved in the event you do not need to sell it during your lifetime.

    Another option is to have your estate donate the conservation easement to a land trust and subsequently sell the land to a third party. Following the sale, your estate can then contribute the proceeds to the land trust, thereby furnishing the land trust with extra funds to safeguard other properties. This approach allows for a strategic combination of conserving the land through the easement and supporting the land trust’s broader conservation initiatives with the generated revenue.

Question & Answer

Protecting Your Land

  • Conservation easements empower individuals to safeguard the land they cherish, serving as the foremost tool for preserving privately owned land. These easements are mandated to deliver public benefits, encompassing crucial aspects like water quality, preservation of farmlands, picturesque views, wildlife habitats, opportunities for outdoor recreation, educational initiatives, and the preservation of historical sites.

  • The extent of restrictions on your land depends on the specific goals you aim to achieve through conservation. When placing your land under easement, collaboration with a land trust allows you to tailor terms that align with both the land’s preservation needs and your preferences.

    For instance, if your priority is to retain the option to construct a residence or subdivide your property, these rights might be preserved, provided they don’t compromise crucial conservation values like productive farmland or wildlife habitat. Conservation easements can cover the entirety of your property or only specific portions.

    While each easement is distinct, there are some general guidelines. Agricultural activities, such as farming and forestry, are typically permitted. Development is restricted, and surface mining is prohibited.

  • No, donating or selling a conservation easement does not obligate you to allow public access to your property. The conditions regarding public access, or lack thereof, should be explicitly outlined in the conservation easement agreement.

  • A conservation easement constitutes a permanent restriction on the land, and the associated deed is officially recorded in the registry of deeds. As such, the easement cannot be removed from the property.

  • Yes, you are allowed to sell your property. However, it is important to note that the new landowner will inherit and be bound by the terms and restrictions outlined in the existing conservation easement.

  • While the majority of conservation easements are typically donated, in cases where your land holds significant conservation value, a land trust might consider raising funds to purchase an easement. Specifically, various federal, state, and local programs exist to provide financial support for acquiring easements, particularly on properties with high conservation value, such as forested land and farmland.

  • Donating a conservation easement can offer substantial tax benefits, provided it complies with federal regulations. This donation may lower your federal income tax since you can claim the donated value of the easement as a tax-deductible charitable contribution. To ensure compliance and maximize these benefits, it is advisable to collaborate with the land trust, a real estate appraiser, and your tax preparer to complete the necessary documentation for your tax return.

  • Initiate the process by engaging in discussions with our land conservation committee.

    Take the time to familiarize yourself with our organization to determine if it aligns with your project goals. During these conversations, articulate the conservation values you aim to safeguard and clarify your intended land use. It is crucial to involve family members in these discussions as this decision has significant implications. Given the magnitude of this choice, you should consider seeking guidance from your attorney and financial advisors to ensure a comprehensive understanding of the legal and financial aspects involved.

  • The responsibility of the land trust is to ensure the enforcement of the restrictions outlined in the easement. This involves regular property monitoring, usually on an annual basis. Collaboration with you and any subsequent landowners is essential to ensure that all activities on the land adhere to the terms of the easement. In cases where necessary, the land trust is obligated to take legal action to uphold and enforce the easement.

  • Conservation easement stewardship encompasses two main aspects. Firstly, it involves cultivating positive relationships and maintaining effective communication with property owners to ensure a clear understanding of the specific restrictions and reserved rights associated with their easement. Regular discussions about the property owner’s plans can help proactively address any potential easement violations. Additionally, stewardship includes periodic inspections to verify compliance with the easement terms and to identify and address any encroachments onto the property by neighboring landowners or third parties.

  • Upon agreeing to hold a conservation easement or acquire land, we undertake substantial stewardship responsibilities. To support the ongoing monitoring of our conservation easements and properties, we establish a dedicated stewardship fund.

    Typically, we request donors to contribute to this fund. In some cases, we may secure grants to cover the costs associated with the stewardship donation. Contributing to the stewardship fund helps ensure the long-term effectiveness and enforcement of the conservation easement or land acquisition.

  • Conservation easements may entail expenses related to items such as legal fees,

    surveying, appraisal costs, and other professional services.

  • No, we are an independent qualified nonprofit corporation established under the laws of the State of New Hampshire. Although we collaborate with the Town of Bow, including maintaining a positive relationship with the Conservation Commission, it is essential to clarify that we operate as an independent entity.

Bow Open Spaces Conservation Policies

Land Protection and Conservation Guidelines of Bow Open Spaces

Bow Open Spaces is dedicated to cultivating vibrant landscapes, fostering abundant wildlife habitats, preserving clean water sources, and facilitating balanced decision-making regarding lands in Bow and neighboring communities. At this critical juncture, our open spaces in the Merrimack Valley confront emerging and escalating challenges. To enhance land protection efforts, Bow Open Spaces will collaboratively engage with local, state, and federal agencies, working both independently and in partnership with them.

Operating on a voluntary basis, Bow Open Spaces collaborates with willing landowners to safeguard crucial open space lands. This is achieved through conservation easements and fee-simple land acquisitions, primarily facilitated by donations. In instances where it becomes imperative and feasible, we also consider land purchases. Bow Open Spaces conducts its land protection initiatives through our dedicated land conservation committee. All proposed conservation easements or land acquisitions undergo a thorough evaluation and must receive approval from both the committee and the board of directors.

Criteria for Land Protection and Conservation in Bow

In our pursuit of safeguarding the natural beauty and ecological integrity of Bow, our land conservation committee employs specific criteria to determine the eligibility of properties for permanent protection. While we aspire to protect all properties within Bow, adherence to these standards ensures that our efforts are directed toward preserving the most vital and deserving areas.

Standards for Property Qualification:

To qualify for permanent protection, a property in Bow should exhibit one or more of the following attributes:

  • Demonstrates the presence of productive forests or farmland.

  • Contains or protects valuable water resources, such as streams, ponds, and wetlands.

  • Located within a designated wellhead protection area.

  • Encompasses land with high-yield aquifers.

  • Situated within Bow’s Aquifer Protection District.

  • Identified by the NH Heritage Bureau as supporting rare plants, rare animals, or exemplary natural communities (e.g., forests, wetlands, grasslands).

  • Recognized in the NH Wildlife Action Plan and referenced in the Town of Bow’s current Master Plan.

  • Contains important cultural, historical, or archaeological resources.

  • Encompasses a portion of a major recreational trail corridor or offers significant public recreation opportunities.

  • Provides scenic views, especially from trails.

  • Facilitates other ongoing or future land protection projects.

  • Enhances existing or abutting protected land.

  • Identified in Bow’s Master Plan as being worthy of protection.

  • Enjoys significant community support within the Town of Bow.

By adhering to these criteria, we strive to ensure that our land protection and conservation activities in Bow are strategic, well informed, and reflective of our community’s values and priorities. Together, we work towards preserving the natural treasures that make Bow a unique and cherished place for generations to come.

The Stewardship Program & Responsibilities

Landowner Stewardship:

As the owner of your land, it is essential to devise a comprehensive management plan for perpetually stewarding your property. Stewardship, in its broadest sense, entails efforts to maintain or enhance the ecological processes and functions of the landscape. When stewarding land, the focus is on conserving key values that originally motivated its protection.

Given the dynamic nature of land, management plans must remain adaptable to changing conditions and evolving knowledge, especially in light of the impacts of a changing climate. Discover how your land trust can assist you in formulating a stewardship plan to ensure the perpetual protection of your property.

Stewardship Functions Executed by the Land Trust:

The land trust responsible for holding the conservation easement on your property is committed to upholding the terms of the easement in perpetuity. The land trust must prepare baseline documentation upon acquiring the land.

Continuously, the land trust should fulfill the following stewardship obligations:

    • Conduct regular inspections of the property and its boundaries to identify any violations of easement terms or encroachments by adjacent landowners.

    • Document the results of the inspection.

    • Communicate with landowners at least annually, providing a summary of the results from the annual monitoring and fostering good relationships.

    • Promptly notify landowners of any violations of the easement terms, seeking resolution.

    • In the event that violations persist and remain unresolved in accordance with the terms stipulated in the easement, the land trust may find it necessary to initiate legal proceedings.

Effective stewardship by the land trust can yield numerous positive outcomes, including:

  • Safeguarding and improving the conservation values of the property.

  • Establishing a sound, responsible public image for the land trust, thereby enhancing support for its conservation efforts.

  • Sustaining a positive relationship with donors that may lead to additional gifts.

  • Encouraging others to contribute funds, land, and conservation easements to support the land trust’s mission.

Landowner Story

Boucher Easement 2014

The Boucher Easement was granted by Mary Boucher to Bow Open Spaces in 2014.

It consists of about 42 acres and is located off Bow Center Road, a bit south of Bow Middle School.

While the property at this time does not have a formal set of hiking trails, there is an available snowmobile trail through the property; bicycles and snowwalkers are welcome..