Conservation legislation passed by Congress to have local benefits

Landowners and the environment will benefit from a federal tax incentive supporting land conservation passed by the U.S. Congress in December 2015 and now signed into law.

The incentive is part of the America Gives More Act, a package of tax incentives to encourage charitable giving. The act significantly expands the number of private landowners who can fully utilize the tax incentives for permanently protecting important natural, scenic, and historic resources. The new law is retroactive to Jan. 1, 2015.

The Conservation Foundation, a Naperville-based nonprofit focused on protecting land and watersheds, strongly supported passage of the measure as a member of the Land Trust Alliance that led the campaign for permanence.

Congressman Peter Roskam (R-6th District) and Senator Mark Kirk (R-IL) co-sponsored the original conservation easement bill and both voted in favor of the act, which contained the conservation easement incentive, along with Senator Dick Durbin (D-IL).

Congressmen Tammy Duckworth (D-8th District), Randy Hultgren (R-14th District), and Adam Kinzinger (R-16th District) are among legislators in The Conservation Foundation's service territory who also supported this bipartisan bill.

"This tax incentive promotes private land conservation which benefits the public in many ways, including ensuring cleaner water and cleaner air for the future," Conservation Foundation President/CEO Brook McDonald said. "Congress heard voters who continually approve local bond referenda for open space preservation."

McDonald said since local government can't afford to purchase all that is needed, this bill provides private landowners a financial benefit for the public good when giving up development rights in perpetuity through a conservation easement.

Land Trust Alliance President Rand Wentworth said this is the single greatest legislative action in decades to support land conservation.

"It states, unequivocally, that we as a nation treasure our lands and must conserve their many benefits for future generations," Wentworth said.

The conservation incentive first was enacted as a temporary provision in 2006 and is directly responsible for conserving more than 2 million acres of America's natural outdoor heritage. The incentive grants certain tax benefits to landowners who sign a conservation easement.

These private, voluntary agreements with local conservation land trusts such as The Conservation Foundation permanently limit uses of the land to protect its conservation values. Lands placed in the conservation easements can continue to be farmed, hunted, or used for other specific purposes.

In addition to the conservation easement incentives, the agreement additionally encourages donations to food banks and reinstates the IRA Charitable Rollover, allowing donors age 70½ or older to contribute up to $100,000 annually to their favorite charity tax free. Married donors can contribute as much as $200,000.

The Conservation Foundation is one of the region's oldest and largest nonprofit land and watershed conservation organizations. Since it was founded in 1972, it has helped preserve nearly 33,000 acres of open space, restored and cleaned miles of rivers and streams, and educated thousands of kids by engaging them in nature and the outdoors.

Work is focused in DuPage, Kane, Kendall and Will counties to preserve and restore nature in your neighborhood. Find out more at theconservationfoundation.org.