Bill would clarify public entities' authority to hold and transfer conservation easements

The Senate Committee on Natural Resources heard Assembly Bill 429 on April 29, a measure to clarify the law governing conservation easements and the roles public entities may play as grantors or holders.

Jake Tibbetts, natural resources manager for Eureka County, said the bill is intended "to make clear and provide some certainty and durability for current conservation easements as well as future conservation easements." Tibbetts told the committee the state adopted the Uniform Conservation Easement Act in 1983 and cited the relevant Nevada statutes in testimony as "NRS 111.39 through .44." He said that practice and experience since 1983 revealed "issues related to agencies' roles not being clear in NRS... and a couple of circumstances where this has actually resulted in issues with getting conservation easements in place."

Alicia Rabanne, executive director of Nevada Land Trust, described how conservation easements typically work and why some communities pursue them: "Probably the easiest way to think of a conservation easement is to consider it to be the development rights off of the on top of the piece of property and so you are transferring those development rights to a qualified conservation organization or a government entity for safekeeping and that entity that holder of that easement is bound to enforce the terms of that easement." Rabanne said easements are tailored to individual properties and often allow for zones that accommodate agricultural operations while protecting habitat and other resources.

Senators asked several clarifying questions. Rabanne said Nevada Land Trust currently holds about "10 with probably another 5, in the works," and estimated "maybe 20 ish in the state" more broadly. She also described enhanced tax incentives for donated conservation easements, noting that "there was some abuse" of syndicated easements that has since been addressed and that the enhanced incentive "still exists." Tibbetts noted that there are "4 conservation easements in Eureka County" connected to sage‑grouse bank-enabling agreements.

Tristan St. Dennis, policy advocate for the Nevada Conservation League, testified in support and said the bill would "ensure that current and future conservation easements have certainty and durability." No opposition or neutral testimony was recorded on the phone or in the hearing room. Presenters closed and the committee completed the hearing on AB 429.

The bill, as presented, seeks to clarify that public entities may place conservation easements on land they own and may transfer those easements to qualified conservation organizations, a change sponsors said would help communities preserve parks, trails, working lands and habitat.