Conservation Restriction Law and Legal Definition

A conservation restriction refers to a right appropriate to retaining land or water areas predominantly in their natural, scenic or open condition or in agricultural, farming or forest use, to permit public recreational use, or to forbid or limit any or all:

a. construction or placing of buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground;

b. dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;

c. removal or destruction of trees, shrubs or other vegetation;

d. excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance in such manner as to affect the surface;

e. surface use except for agricultural, farming, forest or outdoor recreational purposes or purposes permitting the land or water area to remain predominantly in its natural condition;

f. activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation; or

g. other acts or uses detrimental to such retention of land or water areas.

This right may be exercised in perpetuity or for a specified number of years. It may or may not be stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land or in any order of taking.