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Open-Space Land and Voluntary Conservation Easement Act 

 (Sections 62-602 - 618, R.C.M. - 1975 Supplement). 



Basically, this act enables private landowners to voluntarily enter into 

 conservation easements (with public bodies and qualifying private organi- 

 zations) to preserve the open space integrity and natural resources of 

 their land. Conservation easements are granted in perpetuity and run 

 with the land; all subsequent purchasers or heirs are legally bound to 

 the restrictive terms of the easement. There are also beneficial tax 

 consequences (federal and state) for the landowner giving an easement. 



In some cases, protection of stream water quality could be enhanced by 

 application of conservation easements to Montana's forest lands. More 

 specifically, such easements could prevent the following activities: 

 Vegetation - removal or destruction of trees, shrubs, or other 

 vegetation; 



Surface use - surface use except for such purposes permitting the 

 land or water area to remain predominantly in its existing condition; 

 Acts detrimental to conservation - activities detrimental to drainage, 

 flood control, water conservation, erosion control and soil conser- 

 vation, or fish and wildlife habitat and preservation. 



When applied in a reasonable manner, such easements could prevent stream 

 degradation from forestry practices without significantly reducing the 

 state's timber resources. Such application could include restrictions of 

 road construction and timber harvesting along streamcourses and other 

 critical areas. 



Additional benefits resulting from the use of conservation easements on 



