Berman Property
Frederick County, Maryland 

The Property  

In 1993, the State of Maryland began a campaign to protect the immediate surroundings and viewshed of Civil War battlefields from development.  Efforts centered around South Mountain, in Frederick County, and Antietam, in Washington County.  The 250-acre Berman Farm is an important part of the rural historic landscape of South Mountain and essential to protecting the Rural Historic Village of Burkittsville and its viewshed.  The farm includes several historic structures dating from the 1850s.  During the 1862 Civil War batle of South Mountain, the rival armies requisitioned buildings on the farm for use as hospitals to treat wounded soldiers.

The Land Trust 

The Maryland Environmental Trust (MET) is a statewide land trust governed by a citizen board of trustees.  The Trust focuses on preserving natural resources, open space, and agricultural lands through the use of conservation easements.  To protect the Berman property, several partners played key roles: MET served as the easement holder; the Maryland State Highway Administration served as the conduit for federal Intermodal Surface Transportation Efficiency Act (ISTEA) funds; and the Maryland Department of Natural Resources provided matching funds.  The Trust and the landowner jointly signed the easement protecting the farm in 1998.

The Easement 

There are several provisions in this general conservation easement that protect the scenic resources on the property.  While most easements prohibit commercial billboards, this particular easement adds consideration of the impact of smaller indentification signs.  Specifically, it prohibits signs of any kind larger than four feet by four feet and provides that multiple signs must be at least 75 feet apart, not damage living trees, and comply with all local regulations.

The easement prohibits any new buildings except for accessory structures to existing residences and agricultural operations.  Perhaps the most important provisions for protecting the distinctive character of the property are the restrictions on changes to historic buildings and the quality control provisions for new accessory structures.  The easement allows new structures only so long as "they do not interfere with the historic character of the property and the viewshed of South Mountain Battlefield as determined by the grantee."  Furthermore, the landowner must maintain the brick manor house and the brick farm/spring house in the same or better condition as they were on January 7, 1998.  These two measures ensure that the historic and visual integrity of the property will remain the same and perhaps even improve in the future.  

Two provisions in this easement particularly help preserve the property's scenic resources.  First is the requirement that the Trust determines if new structures interfere with the character of the property and the viewshed.  Second, the enforcement clauses stipulate that, in the event of a breach of the easement, the landowner is responsible for all costs of restoring the property to its original condition or better.