A recent article by Joel Salatin in Flavor Magazine, subtitled “These landscape-oriented restrictions make farming unsustainable,” calls into question the merits of conservation easements in providing for the future viability of farms subject to an easement.  The author paints this conclusion with a very broad brush based on his experience with a Conservation Reserve Enhancement Program (CREP) easement, just one of many easement programs.  This is unfair to both the CREP program and to conservation easement programs that promote active agricultural use on protected farms. Conservation easements have been employed to protect the benefits we derive from land as wide and as varied as a scenic view, wildlife habitat, groundwater recharge zones, a historic setting and, yes, the capacity to grow food.  The conservation easement is the work horse of land protection.  But, there is no stock, off-the-shelf, legal language for all conservation easements.  The terms and conditions of an easement are tailored to each landowner, to the resource values to be protected, to the objectives of the program or land trust sponsoring the easement and in some instances to a source of funding, if the easement is to be purchased.  Therefore, an unfortunate experience with any single conservation easement does not necessarily reflect problems with conservation easements on a whole. In the case of the Conservation Reserve Enhancement Program, which Salatin cites for limiting on-farm projects, this is a uniquely targeted program administered by USDA’s Farm Services Agency (FSA).  As described by FSA, it is “a voluntary land retirement program that helps agricultural producers protect environmentally sensitive land, decrease erosion, restore wildlife habitat, and safeguard ground and surface water.”  In order to achieve the goals of the program, a CREP easement by design is crafted to restrict actions on the land that may compromise its environmental objectives, which may include new agricultural buildings and activities, at least in environmentally sensitive areas on the farm.   This may explain the experience Mr. Salatin describes with CREP.  However, farmers have the option to enroll only those portions of their farms that are environmentally sensitive and where they would not otherwise plan to have any new buildings or conduct farming activities.  Though, in some instances, landowners have chosen to enroll their entire farm in the program. Whatever the case, if you choose to voluntarily participate in the CREP program, you and any future owner of the land must agree to the terms of its easement.  In the latter case, “buyer be aware.” Conservation Easements Tailor Made for Farms There is, however, an entire class, if you will, of conservation easements, agricultural conservation easements, that are specifically designed to protect the resource values of  agricultural lands, while being flexible when it comes to new agricultural buildings and activities in order to promote continued agricultural viability and use.   They do not, as Mr. Salatin contends, “freeze a farm in time,” for to do so would limit future opportunities to adjust to new markets, change operating models and take advantage of new research and farming methods. Agricultural conservation easements work! Over 2 million acres of farm and ranch land have been protected with agricultural conservation easements by state and local purchase of agricultural conservation easement programs across the country.  The close to 14,000 agricultural conservation easements associated with these 2 million acres are written to not only protect this land from non-farm development and conversion and promote sound stewardship, but also to ensure the future of farming and ranching as a land use and livelihood. If you are interested in seeing the status of such programs around the country, please see the following two pdf’s: ·        Status of Local PACE Programs ·        Status of State PACE Programs You can read Joel Salatin’s article here. About the author: Bob Wagner has been on the staff of American Farmland Trust since 1985 and worked in the field of farmland protection since 1981. In his current position, Wagner helps communities nationwide build support for and create policies to protect agricultural land.