Fencing on Preserved Land and Conservation Easements Near West Chester, PA

Few places in the country have preserved as much land as the countryside around West Chester, PA. Farms, woodlots and stream valleys in Pocopson, Birmingham, Willistown, East Marlborough and beyond are protected by conservation easements. Those easements run with the land, which means every future owner inherits their terms, including any limits on fencing.

How much land is preserved around West Chester?

A great deal. The Brandywine Conservancy has helped conserve more than 158,000 acres in Chester County. One landmark example is the King Ranch easement of 1984, covering 5,367 acres near Unionville, which became part of a contiguous preserved block of more than 26,000 acres. Groups such as the Willistown Conservation Trust protect land to the east as well.

• What controls fencing: the easement document first, then township zoning.
• Who to ask: the easement holder, typically a land trust or conservancy.
• Common limits: building envelopes, scenic view protection, riparian areas.
• Often compatible: agricultural fencing such as board, post-and-rail and woven wire.
• Before digging: PA One Call, 3 to 10 business days ahead.

Does a conservation easement allow fences?

It depends entirely on the wording. Easements are individual legal agreements, and no two are identical. Some explicitly permit agricultural fencing anywhere on the property. Others confine new structures to a building envelope around the house. Some protect views from a public road or trail, which can matter for tall or solid fences. Some protect streamside areas where fencing is limited.

We are not able to interpret your easement for you, and nobody should guess. The holder’s stewardship staff can tell you what needs approval and what does not.

What to look for in your easement

1. Find the document. It is recorded with your deed; your title papers or the holder will have a copy.
2. Look for “structures” and “improvements”. See whether fences are included and where they may go.
3. Check for a building envelope. A mapped area where construction is allowed.
4. Note notice or approval steps. Many easements require advance notice to the holder.
5. Call the holder. Describe the fence, its height, material and location.

What kinds of fences usually fit preserved land?

Open, rural fencing generally sits most comfortably with the purposes of an easement. Because many easements exist to keep land farmable and scenic, fences that support agriculture or blend into the landscape are often easier to approve than solid privacy panels.

Do township rules still apply on easement land?

Yes. An easement adds restrictions; it does not remove zoning. Pocopson, for example, requires a permit for fences and walls. West Bradford requires grazing and pasture areas to be fenced. Riparian buffers in East Bradford and Chadds Ford keep new construction 50 feet from the top of stream banks. Our streams and floodplains guide covers that layer.

What about battlefield and historic land?

The Brandywine Battlefield, the site of the September 11, 1777 battle, is a National Historic Landmark spread across several townships, including Birmingham and areas around Chadds Ford. Some land there is preserved or historically sensitive, and Chadds Ford has its own historical review board. Historic farmhouses on such land often look best with split rail or board fencing, which also tends to suit the review process.

Do gates and driveways need special thought?

Often. A farm lane gate, especially an automatic one with stone pillars and buried wiring, is more of a structure than a run of rail fence. It may fall under the easement’s limits on improvements, and its location along a public road can raise scenic or sight-distance questions with the township. Wide gates sized for tractors and trailers are common on working farms; bring the planned width and pillar design to the holder conversation so nothing has to change later.

What should you bring to the easement holder?

• A sketch or aerial photo with the proposed fence line drawn on it.
• The fence height, material and color.
• Whether it replaces an existing fence or is new.
• The purpose: livestock, pets, garden, deer or boundary.
• Any gates, pillars or electrical work involved.

Where is this most likely to come up?

Larger rural parcels in Pocopson, Birmingham and Willistown, as well as horse properties further west, are the most likely to carry easements. Smaller lots in newer subdivisions sometimes border preserved open space owned by an HOA, which is a different arrangement with its own rules.

When we visit, we ask about easements early so the fence plan fits the paperwork. Rules change, so confirm with the township — when you hire us, we pull the permit.