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1. Why Should I Preserve my Land as Open Space?

Preserving your land as open space protects and benefits you and your land, preserves Heber City’s heritage, and ensures the quality of life we all enjoy for future generations.

2. What Type of Land and Properties Qualify/What Type of Land and Properties Can be Preserved Under the Wasatch County Open Space Bond?

• The preservation of land areas for outdoor recreation by, or the education of, the general public.
• The protection of a relatively natural habitat of fish, wildlife, plants, or similar ecosystems.
• The preservation of open space (including farmland and forest land) where such preservation is:
  • For the scenic enjoyment of the general public; or
  • Pursuant to a clearly delineated Federal, State, or local governmental conservation policy and will yield a significant public benefit; or
• The preservation of a historically important land area.

3. What Does it Cost to Preserve my Land/Do I Have to Donate my Land?

• Priority will be given to applicants who donate 25% towards the total cost of the conservation easement.  Your contribution happens as a qualified tax deduction, not as money out of pocket.  This contribution toward a conservation easement qualifies you for tax benefits that a Qualified Land Trust can explain.

4. How Do I Learn More About Preserving my Land/Property?

• Contact the Heber City Open Space and Trails Committee at trails@heberut.gov to set-up a meeting to learn more and discuss the options available to you.
• Visit the Wasatch County Open Lands Board website and review the information there:
  • https://www.wasatch.utah.gov/Departments/Open-Lands-Board
• Contact a qualified local Land Trust such as Utah Open Lands or the Summit Land Conservancy to have them help guide you through the process:
  • Utah Open Lands Conservation Association, Inc.
    • 801-463-6156
    • https://utahopenlands.org/
  • Summit Land Conservancy 
    • 435-649-9884
    • https://wesaveland.org/

5. What is a conservation easement?

• A conservation easement is a legally binding agreement entered into voluntarily and mutually between a landowner and Utah Open Lands, protecting the land from some or all future development in perpetuity. Utah law provides landowners with a choice of easements coinciding with the conservation resources in need of protection on the property. The forms of conservation easements include: agricultural, historical, ecological, public recreational, or scenic. A conservation easement may protect one or all of the aforementioned values. A conservation easement may be purchased by a conservation organization at its full fair market value, purchased at a fraction of its fair market value, or donated by the landowner to a qualifying conservation organization. Landowners retain their landowning rights as well as many others, including right to use and sell the land. The easement will only retain the rights necessary to protecting certain conservation values, while potentially providing the landowners with tax incentives.

6. Will the County or another entity condemn my land?

• The preservation of open lands is always based on a willing seller who enters into a conservation easement transaction willingly without the threat of eminent domain.

7. Do I still own the land?

• Yes. The property owner is not selling the land, but instead selling or donating certain rights associated with the property. Depending on the easement, there will be different rights that the landowner will agree to give up—often times being the right to develop. The easement holder, either a private organization or a public agency, will hold the right to enforce the agreed upon regulations.

8. Will my land now be open to the public?

• Every easement is unique. It is up to the landowner and what they agree upon and what is deemed appropriate. Some easements will allow for public access, but others will not. Generally, if land is conserved for agricultural purposes, public access is not necessary. The entity entrusted with holding the conservation easement will maintain annual monitoring of the land to ensure the terms of the conservation easement remain in tact.

9. Can I sell my land?

• Yes. However, the conservation easement is intended for conservation in perpetuity, meaning that the agreed upon easement will continue in effect on the property if the property is sold.

10. What happens if I stop farming?

• Depending on the easement, agriculture is a conservation value that is often times maintained through an easement. If agriculture is one of the conservation values essential to the easement, the trust, through annual visits, must ensure that the values are being upheld.

11. Why should a farmer keep his land?

• Protection of private land is essential in protecting properties with conservation values. Stewardship of the land and protection from development are essential in preserving the land that we love. There can be lower maintenance costs associated with easements and ownership rights remain in place for the landowner. There can be no pressure from external entities to develop the land. The landowner will be able to maintain agricultural traditions, benefit from tax incentives and provide an open land legacy beyond a lifetime.