Conservation Easements

Conservation easements (sometimes called preservation easements) are voluntary legal agreements that can be used to protect significant historic, archaeological, or cultural resources. If certain criteria are met, an owner who donates an easement may be eligible for tax benefits. Nothing on this website constitutes tax advice.  Contact your tax advisor for individual advice on your unique tax situation.

Historic Preservation Easements: A Historic Preservation Tool with Federal Tax Benefits, available on the National Park Service website, describes easements and the related federal tax incentives.

Preservation Hotline #5: Protecting Historic Properties with Conservation Easements, produced by the State Historic Preservation Office, includes a list of South Carolina organizations that accept easements.

The South Carolina Conservation Easement Act of 1991 (Sections 27-8-10 through 27-8-80, South Carolina Code of Laws) provides a sound legal basis for the donation of conservation easements to preserve the historic, architectural, or archaeological aspects of properties. The law also makes the donation of easements more attractive by requiring the local tax assessor to consider the easement when assessing the value of the property.

The South Carolina Department of Revenue publication Local, State and Federal Tax Incentives for Conservation Easements describes the requirements and implications of the tax incentives for conservation easements in South Carolina.

The website of the Palmetto Trust for Historic Preservation includes information about easements and a sample preservation easement.

The website of the Palmetto Conservation Foundation has links to information about conservation easements, including a brochure and a fact sheet.