Conservation Easements

A conservation easement is a legally binding agreement between a landowner and the easement holder that restricts use of the land subject to the terms of the easement.

Donated conservation easements, as defined in Administrative Rule Jus 401.17, constitute charitable trusts under New Hampshire law. Pursuant to RSA 7:20, the Director of Charitable Trusts, under the supervision of the Attorney General, possesses the common law and statutory rights, duties, and powers of the Attorney General in connection with the supervision, administration, and enforcement of charitable trusts. Any amendment or termination of a donated conservation easement requires the review of the Director of Charitable Trusts. The process for requesting review and the factors to be considered are laid out in Administrative Rule Jus 416.