What is the difference between a development agreement and a conservation easement?

The difference between a development agreement and a conservation easement in Texas is the purpose and spirit of each document. Development agreements are legal contracts between a municipality or county and a developer to allow for a specific kind of development or use of land. These agreements usually discuss the number of building units, infrastructure, zoning, and other details about the development. Development agreements also include performance standards and fees that the developer must agree to in order to proceed. A conservation easement, on the other hand, is a voluntary legal agreement between a landowner and an entity, such as a land trust, that permanently limits uses of the land in order to protect its conservation values. These values can include wetlands, animal habitats, and other environmental features. Conservation easements are contractual agreements that may include restrictions on activities such as development, farming, logging, or other events that could be detrimental to the land. While development agreements are intended to allow for the development of land, conservation easements are meant to preserve the land’s natural character and serve the public good.

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