Conservation programs are essential to protecting our country’s natural ecosystems and the species that call them home. Broadly speaking, conservation efforts in the United States tend to fall into one of two categories: regulatory and voluntary. While regulatory conservation programs are mandated by state or federal laws, voluntary conservation involves cooperation between landowners and businesses to achieve conservation goals.

In a recent episode of the National Land Podcast, Lesli Allison, CEO of the Western Landowners Alliance, spoke to the ways that these different approaches to conservation function in our country and the role of landowners in conservation efforts.

Here’s what to know!

Regulatory Conservation in the United States

State and federal laws enacted to protect the environment and endangered species around the country drive regulatory conservation efforts. These laws set specific guidelines and regulations on land use and resource management, often incorporating legal and financial penalties for those who fail to comply. 

Two of the most famous examples of regulatory conservation programs in the United States are the Endangered Species Act and the Clean Water Act.

The Endangered Species Act

Enacted in 1973, the Endangered Species Act (ESA) is meant to protect wildlife and plant species listed as endangered or threatened. It’s a flexible piece of legislation that allows species to be added or removed from the list as circumstances change over time.

Under the ESA, federal agencies must assess and regulate the impacts of land uses and projects that could negatively impact species on the endangered species list. These interventions have been instrumental in preventing the extinction of many species including the American Peregrin, the Virginia Northern Flying Squirrel, and more!

The Clean Water Act

In an effort to prevent pollutants from being released into the waters of the United States and establish water quality standards, the Clean Water Act as we know it today was passed in 1972. By setting industry wastewater standards and implementing protections for habitats like wetlands and other “navigable waters,” the CWA has played an important role in mitigating the effects of runoff caused by industrial and commercial operations. 

While these regulations can often be viewed by landowners as an infringement on their ability to use their property as they see fit, they are an important measure to prevent unnecessary habitat destruction and harm to already struggling species. Unfortunately, the strict enforcement of these policies can often create tension between landowners and government officials. This has led many to seek alternative avenues for legislators and landowners to work together in their conservation efforts.

Many conservation groups today are looking to change how these regulations are handled to remedy relationships between landowners and their governing bodies. Allision explained the approach of the Western Landowners Alliance, stating, “Regulation absolutely has a place in our world, yet I think one has to step back and ask why we struggle with the challenge of say integrating wildlife and agriculture. Why is there always this fight?” 

Rather than working against landowners, the Western Landowner’s Alliance looks to take a collaborative approach that can achieve conservation goals while supporting landowners and business owners. Allison elaborated, stating, “It’s this change in approach that I think this new era really represents, recognizing and celebrating what’s working and then supporting it, working with people instead of against them. There’s still a need for regulation at some level, but that should be the sideboard, not the way we do business all the time.”

Voluntary Conservation

For landowners looking to engage in voluntary conservation programs on their property and reap the financial benefits of their efforts, there are a variety of options available. Two of the most common vehicles for voluntary conservation in the United States are conservation easements and carbon credit programs.

Conservation Easements

Conservation easements are legally binding agreements between a landowner and a land trust or government agency which limits further development of a property or portion of a property in exchange for a tax incentive or financial compensation. These easements are voluntary on the part of the landowner and can be tailored to their specific needs or desires. While they can vary in duration, conservation easements are typically active in perpetuity. 

The main thing for landowners to think about when entering into a conservation easement is any kind of future development. Although conservation easements are great for protecting biodiversity and protecting habitats, the restrictions they impose on a landowner could impede future development or construction and may impact the value of their property should they decide to sell it in the future.

So long as landowners are considering these factors, conservation easements are a fantastic opportunity for voluntary conservation on a property.

Carbon Credit Programs

Carbon credit programs allow landowners to generate carbon credits on their property by engaging in practices that promote carbon sequestration or reduce greenhouse gas emissions. These actions could include reforestation, refraining from harvesting timber, or practicing regenerative agriculture. There are also groups looking to expand the range of activities that would generate carbon credits, meaning more landowners may be able to benefit from these programs.

Each carbon credit tends to represent one ton of carbon sequestered or reduced as a result of management practices employed on the property. Carbon credits can then be traded and sold on carbon markets to companies to offset their carbon emissions. These programs allow landowners to engage in conservation on their property while also being financially rewarded for their efforts.

Both regulatory and voluntary approaches to conservation play important roles in protecting our country’s natural resources and wildlife populations. Although regulatory measures are a good way of enforcing conservation practices, their inflexible nature and subjection to political influences can create conflict between enforcers and landowners. Voluntary conservation programs are fantastic opportunities for landowners to do their part in protecting the environment, but hinge upon the willingness of landowners to participate in them.

A balanced approach of both government regulation as well as volunteering landowners can foster long-term sustainability and ultimately achieve the goal of protecting our environment which is at the heart of all parties involved. 

If you’ve got questions about how you can engage in conservation efforts on your property, get in touch with your local Land Professional today!