Overview 

Leaving a Legacy often comes not from building grandiose memorials or structures, but from the simple act of preserving land. Many Fauquier County residents have decided to pursue land preservation by placing their properties in conservation easements. A conservation easement is a voluntary legal agreement that allows a landowner to maintain the natural beauty or historic value of his or her property and retain full ownership and care of the land, while conveying some property interest to a qualified organization or government agency.  Property owners who donate easements may be eligible for a charitable contribution deduction from their state and/or federal income taxes. 

A conservation easement is a relatively flexible tool. It can be crafted to meet the specific characteristics of a property and the landowner’s interest in owning a property that will continue to provide a viable productive use. Fauquier County proudly promotes and sponsors many conservation easement programs. We suggest that you contact the programs listed below for more information, and then consult your attorney and tax accountant to determine the program that is right for you.

Easement Holders in Fauquier County

Virginia Outdoors Foundation (VOF) Conservation Easement Program: The Virginia Outdoors Foundation (VOF) was created by the Virginia legislature in 1966 "to promote the preservation of open space lands and...to preserve the natural, scenic, historic, scientific, open space and recreational areas of the Commonwealth." Today, VOF protects more than 850,000 acres across Virginia, making it one of the largest land conservation organizations in the nation. VOF holds easements in perpetuity that protect a wide variety of natural resources, including watershed areas, scenic views, lands adjacent to public parks and game preserves, community lands, and more. VOF also accepts donations of land.     

Virginia Historic Preservation Easement Program: Sections §10.1-2202.1 and 10.1-2202.2 of the Code of Virginia enable the state, through the Virginia Department of Historic Resources (DHR), to accept donations of easements on properties that have architectural, archaeological, or historic value. Easements are negotiated on a case by case basis between the landowner and DHR, but generally, for historic buildings, the easement requires the surrender of the right to modify the exterior of a building without permission from the easement holder or to develop the surrounding land in such a way that it would compromise the integrity of the historic property. For battlefield land or archaeological sites, the easement typically requires that no excavation takes place without coordination with DHR. A property must be listed on the Virginia Landmarks Register, either individually or as a contributing property to a historic district. Battlefield land may qualify for an easement without listing.  

Fauquier County Purchase of Development Rights (PDR) Program: Because farmland is critical for sustaining the agricultural economic engine in Fauquier County, the Board of Supervisors established the Fauquier County Purchase of Development Rights in 2002. As of March 2021, over 12,900 acres have been protected in Fauquier County through this program.

The PDR Program is a voluntary program in which landowners sell development rights to the County while the land stays in agricultural production, ensuring that future generations will be able to farm the land. The farmer retains land ownership and continues to farm, while receiving a cash payment based on the total number of development rights extinguished on the property. This transaction requires that the owner place an easement on the property. A parcel must be zoned Agriculture (RA) or Conservation (RC), used for bona fide agricultural operation, and be in excess of 50 acres to qualify. However, a combination of multiple, contiguous parcels that together are in excess of 50 acres may also qualify. Long-range environmental benefits for the community may include the preservation of wildlife habitats, clean air and water, flood control, and groundwater recharge and carbon sequestration. For more information, contact the Department of Agricultural Development.

Land Trust of Virginia: Since its founding in 1992, the Land Trust of Virginia, a non-profit land trust, has worked to protect open space, historic heritage, battlefield land, natural resources, farms, forests, and water, in perpetuity. As of 2021, Land Trust has protected over 26,000 acres in Virginia, including 44 easements in Fauquier County, totaling 5,092 acres.

Piedmont Environmental Council (PEC): PEC works with Virginia Piedmont landowners to develop conservation easements that establish limits on future development while protecting the conservation values of the land. PEC has helped landowners permanently protect more than 430,000 acres of rural or natural land to date, helping to ensure that the Virginia Piedmont is characterized by its open spaces, healthy environment and cultural resources.