Frequently Asked Questions
Colorado State | Dept. of Regulatory Agencies | Div. of Real Estate | Conservation Easement Information
When are land trusts required to be certified?
When are government entities required to be certified?
Who should we make the check payable to?
Is there an expedited certification process for nationally accredited land trusts?
Does the expedited certification process give us automatic certification?
What is the best format for submitting the application and documentation?
Should we email our application materials to the Division?
What happens if our application is missing any documentation?
When will we know whether our application is approved or not?
What happens if our application is denied?
Do we need to submit both our current Certificate of Good Standing (Document O3) and our current Certificate(s) of Assumed or Trade Name(s) (Document O4)?
Do we need to send the entire agenda packet(s) and minutes of the board, committee or other designee meeting(s) for Selected Project Document N and Application Document A16?
Should we list purchased conservation easements with no donation component on our Conservation Easement Project List?
Should we list fee properties held by our organization on the Conservation Easement Project List?
On the Conservation Easement Project List, is the date of acquisition (Column A) the recording date or the execution date?
On the Conservation Easement Project List, what should we put for the fair market value of the conservation easement
(Column M)?
In the "signatory" column (Column O) on the Conservation Easement Project List, should we list the full name and title of every person who signed the conservation easement deed?
Is a conservation easement holder required to submit the DR 1299, Colorado Gross Conservation Easement Holders Submission of Information, to the Division of Real Estate?
How should we answer question 4 on the DR 1299, Colorado Gross Conservation Easement Holders Submission of Information for 2009?
If we apply for certification in 2010 when will it become effective?
What do we do if we wish to reapply?
Will we need to submit a full application fee when we reapply?
Conservation Easement Appraisal Frequently Asked Questions
When are land trusts required to be certified?
Beginning January 1, 2010, all nonprofit entities (land trusts) that wish to accept a conservation easement for which a tax credit will be claimed must be certified by the Division.
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When are government entities required to be certified?
Beginning January 1, 2011, all government entities that wish to accept a conservation easement for which a tax credit will be claimed must be certified by the Division.
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Who should we make the check payable to?
The Division of Real Estate. We do not accept cash or credit.
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Is there an expedited certification process for nationally accredited land trusts?
Yes, please contact the Division of Real Estate if this applies.
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Does the expedited certification process give us automatic certification?
No. While it is highly likely that a land trust that goes through the expedited certification process will become certified, there is still an actual process that an accredited applicant must go through in order to be certified. The Division must consider the recommendation of the Commission before making a final determination to grant or deny certification.
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What is the best format for submitting the application and documentation?
The preferred format for submitting the application and documentation is on a CD, DVD or USB flash drive. Please submit electronic documents in PDF or Microsoft Office compatible formats. Otherwise, please send the application and a copy of the required documents to: Conservation Easement Program, Division of Real Estate, 1560 Broadway Suit 925, Denver, CO 80202. If you submit the Organizational Profile or Application on a CD or USB flash drive, please make sure that the last page of the document is signed.
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Should we email our application materials to the Division?
Email is not the preferred method for submitting your application materials to the Division. If possible, please convert your application materials to PDF format, put the PDF documents on a CD or USB flash drive, and mail the CD or USB flash drive to the Division. If you submit the Organizational Profile or Application in PDF format, please make sure that the last page of the document is signed.
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What happens if our application is missing any documentation?
The Division will notify you in writing of any missing documents. The Division will not begin reviewing your application until all applicable documents have been received.
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When will we know whether our application is approved or not?
Once your application has been reviewed by the Division and the Commission, the Division will notify your organization in writing of the certification decision. The Division cannot guarantee a specific processing time for your application due to a number of unpredictable variables, such as: the number of applications received, the depth of review required, and the amount of follow-up needed with applicants.
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What happens if our application is denied?
If you application is denied, you may reapply or request a hearing as provided in section 24-4-104(9), C.R.S. If your organization chooses to reapply, the Division strongly encourages your organization to take the necessary time to address any concerns about minimum qualifications that arose from the original application.
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What do we do if we wish to reapply?
You must first submit a letter to the Division detailing your intention to reapply for certification. Attach to this letter an Improvement Plan which should outline the necessary steps your organization plans on taking to gain to address the concerns of the Division and the Commission. Once your Improvement Plan is executed fill out a Application to Reapply. Your new application will be reviewed by the Commission and the Director of the Division of Real Estate and a determination will be made.
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Will we need to submit a full application fee when we reapply?
If you submit your application to reapply within one year of the date your original application was rejected, you do not have to pay an additional fee. However, if you had not paid the second portion of the certification fee you will still need to do if you become certified. You cannot go through he process to reapply if it has been longer than one year since you organzaiton was originally denied. A new application and fee will need to be submitted.
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Do we need to submit both our current Certificate of Good Standing (Document O3) and our current Certificate(s) of Assumed or Trade Name(s) (Document O4)?
All organizations should submit a current Certificate of Good Standing (Document O3), which can be obtained from the Colorado Secretary of State's website at http://www.sos.state.co.us/biz/BusinessEntityCriteriaExt.do. If your organization has an assumed or trade name(s), you should also submit a Certificate of Assumed or Trade Name (Document O4) for each assumed or trade name your organization uses. However, if your organization does not have an assumed or trade name, you do not need to submit Document O4.
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Should we list purchased conservation easements with no donation component on our Conservation Easement Project List?
Yes. Please list all conservation easements held by your organization, including conservation easements that your organization purchased, on your Conservation Easement Project List.
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Should we list fee properties held by our organization on the Conservation Easement Project List?
No. Please list all conservation easements held by your organization, including conservation easements that your organization purchased. You do not need to list any fee properties held by your organization.
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On the Conservation Easement Project List, is the date of acquisition (Column A) the recording date or the execution date?
The recording date.
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On the Conservation Easement Project List, what should we put for the fair market value of the conservation easement (Column M)?
Please put the appraised fair market value of the conservation easement from Form 8283, Section B, Part I, Line 5, Column (c). This is the fair market value of the conservation easement from the appraisal. Even if your organization acquired the conservation easement through a bargain sale, you should put the total value of the easement in this column.
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In the "signatory" column (Column O) on the Conservation Easement Project List, should we list the full name and title of every person who signed the conservation easement deed?
Please provide the full legal name of every person who signed the conservation easement deed on behalf of the grantor(s). You do not need to list the titles or "AKA" names of the signatories.
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Is a conservation easement holder required to submit the DR 1299, Colorado Gross Conservation Easement Holders Submission of Information, to the Division of Real Estate?
Starting January 1, 2009, any easement holder that accepts a donation for which a tax credit is claimed shall submit specific information to the Division of Real Estate and the Department of Revenue prior to accepting a conservation easement for which a tax credit is claimed or no later than April 15 of that calendar year. Form DR 1299 addresses the specific information easement holders are required to provided the Division under § 24-33-112, C.R.S.
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How should we answer question 4 on the DR 1299, Colorado Gross Conservation Easement Holders Submission of Information?
If certification is not required for your organization you may leave question 4 blank on the DR 1299. Starting January 1, 2010, all land trusts should answer question 4. Beginning January 1, 2011, all local governments should answer question 4 as well.
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Do we need to send the entire agenda packet(s) and minutes of the board, committee or other designee meeting(s) for Selected Project Document N and Application Document A16?
The Division would prefer to receive the entire agenda packet(s) and minutes. This information helps the Division to understand your organization and the context of the discussion. You may send only the portion of the agenda packet(s) and minutes related to the application question or project. However, the Division reserves the right to request the entire agenda packet(s) and minutes if further information is determined to be necessary.
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