Mitigation is the preservation, enhancement or creation of a natural resource and is often regulated by a local, state or federal governing authorities. Although local mitigation is governed by municipal code, federal and state mitigation is required by guidelines resulting from statutes contained in the Clean Water Act and Endangered Species Act. Most governing authorities require mitigation areas to be protected from disturbance through perpetuity. This is accomplished through the recording of a conservation easement at the local courthouse.

Conservation easements are legal documents signifying allowable (reserved rights), or non-allowable (restricted uses), and defined practices within the limits of a mitigation area or conservation parcel. In the easement document, the owner of the mitigation area or conservation parcel (Grantor) conveys certain privileges to the easement holder (Grantee). 

MMOA serves as an IRS recognized, 501(c)(3) nonprofit organization, and legal recipient of conservation easements.  MMOA’s role is to hold, protect, monitor (if applicable), regularly inspect, and enforce the mitigation site or conservation parcel easements in perpetuity, or according to the terms of the conservation easement deed.

For additional information, please visit our FAQ Page or call us for a consultation.