137-acre conservation easement in Dunbarton expands New Hampshire’s protected areas

By SRUTHI GOPALAKRISHNAN

Monitor staff

Published: 08-06-2024 4:31 PM

Kathryn Layne never anticipated that her move from Iowa to Goffstown 12 years ago would lead to her role in land conservation. But now, she has donated 137 acres of her property on 79 Stark Highway North, near the center of Dunbarton, for a conservation easement.

“It isn’t an idea that had been acting for a number of years,” said Layne. “It’s just all of a sudden, boom, there was, an opportunity.”

In 2018, Layne’s brother Ken Koerber, a Dunbarton resident with a 131-acre farm, suggested she consider purchasing land adjacent to his. Koerber had already conserved his property with Five Rivers Conservation Trust in 2021.

Though initially hesitant about the upkeep of farmland, Layne was persuaded by her brother to place a conservation easement on the property.

So she bought the land and, a few years later, proceeded with the conservation through Five Rivers. A small section near the road was left out of the easement.

Now, Layne’s son resides on the property in a house with only the basement finished, surrounded by vibrant flowering plants that attract pollinators and hummingbirds.

 Jeff Evans, director of conservation at Five Rivers, notes that Layne’s parcel is important because it links several other conserved lands, contributing to a sizable block of over 750 mostly contiguous acres protected by Five Rivers in Dunbarton.

“This really fits in nicely with a cluster of other conserved properties and linked several of them, which is a nice thing to be able to do, because it really enhances the conservation,” explained Evans. “You can make a bigger plot rather than having little fragments.”

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To complete the easement finalized on Aug. 1, the Dunbarton Conservation Commission covered $30,000 in transaction costs, including the survey.

Brett St. Clair, chair of the town’s conservation commission, explained that people often donate their land to preserve their legacy and protect the environment.

“It’s basically they love their land and they would like it to stay the way it is pretty much forever,” said St. Clair. “It’s really the only way that they can do that.”

For Layne, the conservation easement represents an opportunity to safeguard local wildlife, from porcupines and deer to newts.

“Idle forest land is a finite resource and it’s ever diminishing,” said Layne. “The purpose of the conservation easement is to get a large enough area that the wildlife can survive”

A conservation easement permanently removes development rights from a property, meaning that no residential or commercial projects can be built and the land cannot be subdivided.

However, easements also allow properties like Layne’s to be managed for forestry and agriculture.

Balancing conservation and development

As more people choose to permanently conserve their land, finding a balance between environmental protection and the need for development — particularly housing in New Hampshire, where there’s a housing shortage — becomes a growing concern.

But Joanie McIntire from Concord, a real estate professional and board member with Five Rivers, believes that land conservation and development can coexist harmoniously here.

“There's plenty of land in New Hampshire for both,” said McIntire. “People aren't forced to conserve their land. That's a personal choice.”

Nonprofits like the NH Forest Society and Five Rivers don't reach out to landowners to propose conservation. Instead, it’s usually the landowners who approach these organizations.

Once a landowner expresses interest, each organization evaluates the property based on specific criteria to determine its suitability for conservation. 

For instance, properties with contamination or hazardous materials are generally unsuitable. Similarly, small parcels in urban areas that don't support endangered or rare species may not meet the criteria.

Conserving land can offer significant benefits for landowners, including tax advantages. They might be exempt from local property taxes on the conserved land and can also receive federal tax benefits. 

But, it also comes with trade-offs. The loss of development rights can lead to a decrease in the land's market value.

McIntire said that restrictive zoning in the state poses a greater barrier to development than land conservation. 

In many towns, zoning ordinances limit the construction to one house per two or three acres, which constrains housing availability. 

Allowing more homes per acre could reduce construction costs and make housing more affordable for both renters and buyers.

 “I don't think that that it's a one or the other, conservation or development,” said McIntire. “I think that we very well can do both at the same time.”