Conservation easements are administered through a management plan, which is often drafted as a stand-alone document that is referred to in the agreement. The management plan reflects the path forward, and provides greater clarity on how the conservation easement’s conservation goals will be achieved in the future and should be funded separately from the restrictions associated with the CE.
The concept of a conservation easement management plan is rooted in the ability for CEs to both restrict and prescribe future activities (in contrast to restrictive covenants). Areas that are commonly addressed in Management Plans include timber harvest, agricultural operations, vegetation management (including invasives), water and wetland conservation, wildlife management, restoration and Beneficial Management Practices (BMPs). Management plans may also identify rights retained by the landowner and how they will be used or managed to support the conservation goals (e.g., motorized vehicles use only on existing trails for the purpose of supporting ranching activities).
The parties should take care to draft the management plan in such a way that it has a light touch on any management activity that does not relate directly to conservation goals. Not doing so can create unnecessary points of contention and create conservation easement elements that are difficult to monitor and enforce.