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BRPP Frequently Asked Questions
- Q: How does the BRNNL designation affect property owners?
- A: The National Natural Landmark designation does not regulate land use or otherwise effect property rights. This non restrictive classification is intended to emphasize the ecological value of the Baraboo Range, and help focus voluntary conservation efforts of private, state and federal landowners, cooperating agencies and organizations.
- Q: What is a conservation easement?
- A: A conservation easement is a voluntary, legally binding restriction on the use of land negotiated for the purpose of permanently protecting land from development and thereby ensuring the long term preservation of farmland, fields and forests necessary to support rural livelihoods and wildlife habitat. It involves the donation or sale of a landowner's development rights to an entity such as a local government or a private organization. The right to develop land by building new structures, septic systems, roads, etc. can be separated from other property rights and sold by a landowner. The Sauk County Baraboo Range Protection Program is based on the Purchase of Development Rights from willing sellers in the BRNNL area.
- Q: What activities are restricted by conservation easements?
- A: Conservation easements primarily restrict the construction of buildings and roads, alteration of topography and drainage ways, mining, dumping and grazing in forests. Timber harvesting and spraying of herbicides in the forest are permitted within the guidelines created by an approved management plan. Also, the easement holder may enter the property at reasonable times to monitor compliance with terms of the easement.
- Q: What rights are retained by the property owner?
- A: The property owner still controls all uses of the land that are not restricted by the easement. Forestry, farming, hunting and trapping (as allowed by state law) are permitted uses. The land can still be sold with the restrictions created by the easement remaining in force.
- Q: How long does an easement last?
- A: Conservation easements purchased under the BRPP are permanent. No temporary agreements will qualify. The easement becomes part of the land deed and is recorded in the county land records.
- Q: Does an easement grant public access to my land?
- A: There is no provision for public access included in the standard conservation easement. Granting access to the public for hunting or other purposes remains at the discretion of the landowner and is not a typical objective of the BRPP. Acquiring public access rights from the landowner would be an additional cost to Sauk County.
- Q: How is the value of a conservation easement determined?
- A: The value of a conservation easement is simply the difference between the appraised unrestricted land value and the appraised land value with easement restrictions in place. These values must be determined by a certified general appraiser, and the appraisal must be reviewed for consistency with state appraisal guidelines.
- Q: What are some of the advantages to landowners and the community of conservation easements as a form of land protection?
- A: The primary advantages of conservation easements is their voluntary nature and flexibility. Using conservation easements, private property owners become willing partners of private conservation organizations and Sauk County in the protection of a precious community resource, the Baraboo Hills forest ecosystem. Easements prevent land from being developed but still allow property owners to benefit from the full traditional use value of their land and achieve their financial goals. Landowners can use the proceeds from the sale of development rights to improve their farm operation or existing buildings, restore and improve forest lands, finance their children's education, bolster their retirement savings, purchase additional property, make other financial investments, pay for vacations, or whatever else they wish to do. They retain the actual land and existing improvements, which can be given to their children or put up for sale at a later date, certain that the land would be protected by the conservation easement under the new ownership.