© Mike Norton (Colorado)
Colorado Conservation Easement Tax Credit Program
Colorado has a conservation tax credit, established by HB 1348 in 1999, and amended in 2001 by HB 01-1090. It allows a landowner who donates a conservation easement to a qualified organization to receive a state conservation tax credit up to $260,000 of the value of the easement.
The first $100,000 of the credit is accrued at a $1:$1 ratio from the easement value. The second $160,000 of the credit accrues at a $.40:$1 ratio. Therefore, it takes $500,000 of easement value to generate the full $260,000 credit: $100,000 off the top, and then 40% of $400,000 to generate the final $160,000 credit. This credit can be carried forward for twenty years.
In 2000 the state passed further legislation that allows landowners to receive cash refunds for the unused portions of their tax credit in amounts of up to $50,000 per year. This option is available ONLY in years where there is a state revenue surplus. Landowners can also transfer unused portions of their tax credit to third parties who can then apply the credit against their Colorado state tax liabilities. This essentially creates a market for conservation tax credits, and there is an organization in Colorado that brokers these credits.
Additional Resources
Colorado Coalition of Land Trusts Conservation Funding Guide


