Part I: Context Environmental Planning Part II: Environmental Land Analysis Part III: Environmental Land Use Management

n Land Conservation
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Design with Nature for People Smart Growth: Local Government & Environmental Land Use Regional, State, Federal Environmental Land Use

Land Conservation
The permanent protection of land areas by withdrawing them from development.

Land Conservation Objectives

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protection of the natural-resource-based working landscapes: agriculture, forestry, fisheries, eco-tourism; preservation of open space and natural character, provision of outdoor recreation opportunities, protection and restoration of ecological functions and wildlife habitat, mitigation of natural hazards and protection of water supplies

Why Land Conservation? Land Development Trends in the U.S.

National Resources Inventory, NRCS, 2009

Metropolitan Atlanta

Gwinnett County Suburban Co.

City of Atlanta

DeKalb County Urban Core Co.

Land conservation by various parties in U.S.

Percent of Land in Federal Ownership

Federal Programs affecting Private Land Conservation

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Incentives
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Tax Laws governing charitable contributions Agriculture Conservation Programs National Flood Insurance Program Endangered Species Act Wetlands permitting under Clean Water Act Surface Mining Control and Reclamation Act

Regulations
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Federal Agricultural Conservation Programs

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Land Retirement Programs

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Conservation Reserve Program (CRP + CREP)

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Retire highly erodible land from farm production 2010: 3.1 million acres, $1.9 billion, $53 per acre Retire wetlands from farm production 2010: 2.2 million acres, 90% under permanent retirement

Wetland Reserve Program (WRP)

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Disincentives: disqualifies from farm benefits

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Sodbuster, Swampbuster, Conservation compliance

Other programs: EQIP, FPP, WHIP, Tech assist

CRP % of cropland enrolled

Action has turned to the States: Trends in Land Protection Efforts

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Between 2000 and 2009

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Total annual number of voter-approved land protection initiatives ranged from 25 to 171 Total annual voter approved dollars ranged from $600 million to $8 billion

Total dollars approved by voters

$36 billion

LandVote, Trust for Public Lands, 2010

Total Voter-Approved Land Conservation Expenditures by Jurisdiction, 2000 - 2009

LandVote, Trust for Public Lands, 2010

What was Primary Source of Revenue for Land Conservation?

What Tools Are Used to Protect Open Space?

00 0 0 0 Percent (%) 0 0 0 0 0 0 0 Urban Rural Flood plain ord. Farmland prot. ord Conserv. esmnts Trans dev. rights Purchase dev. rights Density bonuses

State Purchase of Conservation Easements Programs, 2000-2010

NGOs: the Role of Land Trusts

Own about 14% fee simple Accept conservation easements on about 53% Acquire, then re-convey to public agencies about 33%

Tools for Land Conservation

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Acquiring Land and Development Rights

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Conservation Easements Purchase of Development Rights

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Collaborative Conservation and Development Planning and Design Tools for Open Space, Greenways, Green Infrastructure
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Open Space and Greenway Planning GreenPrints for Green Infrastructure

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Conservation Tools for the Working Landscape Private Land Stewardship

Rights and Interest in Property

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Fee-simple ownership Conservation easement/development rights Purchase of land with lease back Undivided interest

Techniques for Acquiring Land Rights

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Fair market value sale Bargain sale Outright donation Bequest Donation with reserved life estate Land exchange Eminent domain

Conservation Easement
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A less-than-fee-simple interest in land that is voluntarily donated or sold by a land owner to a unit of government or an IRS-recognized, nonprofit conservation organization for the purpose of protecting open space, recreation, ecological, agricultural or historic resources. Most easements are granted in perpetuity. Land use restrictions are clearly defined in the deed and are negotiated between the property owner and the easement receiver based on the land owners needs and an analysis of the property. The conveyed easement serves as a jointly held and legally binding plan for how the land will be used.

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Virginia Land Preserved, 2000-09

Fiscal Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total Statewide Acreage Preserved 2,988,981 3,026,276 3,083,596 3,131,116 3,190,744 3,236,383 3,301,642 3,394,278 3,566,668 3,697,402 Annual Acreage Preserved 37,295 57,320 47,520 59,628 45,639 65,259 92,636 172,390 130,734

Source: Virginia Department of Conservation and Recreation's Conservation Lands Database

Virginia Land Preserved by Region

Region Central Eastern Northern Southside Southwest Hampton Roads Valley West Central Virginia Preserved Land (in sq. miles) 1,827 325 471 262 479 691 530 828 5,414 Preserved Land as Percent of Total 19.2% 8.5% 7.4% 7.3% 9.8% 14.3% 9.9% 25.7% 13.0%

http://www.vaconservedlands.org/gis.aspx http://www.dcr.virginia.gov/land_conservation/index.shtml

Tax Incentives for Land Conservation

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Federal Tax Deduction for donation of land or conservation easements to charitable organizations, e.g., land trust State Tax Credits and Deductions for donation of conservation easements Tax Law changes in 2006

State Land Conservation Tax Credits

Transferable 2008

Summary of Virginia Tax Credit

Virginia Land Preservation Tax Credit

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Fair market value (FMV) of conservation easement = Appraised value without CE minus appraised value with CE ($1,000,000 - $400,000 = $600,000) Tax credit = 40% FMV of conservation easement (Credit = 0.40 x $600,000 = $240,000) Credit reduces tax liability by $240,000 Unused Credit can be carried over for 10 years (if $10,000/yr liability, claim $10K 1st year and for ten years or $110,000 total) Unused credit can be transferred (sold) to other taxpayers (claim $10K 1st year, sell $230K credits for ~80/$ = $230K x 0.80 = $184,000, for $194,000 financial benefit)

Federal Tax Deduction

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Can deduct donated CE FMV from adjusted gross income (AGI,) limit 50% of AGI in 1 year (100% if farmer), but can carry over residual for 15 years (if $100,000 AGI & FMV CE $600,000, can deduct $50,000 1st yr ($100,000 if farmer) and do the same for 11 more years) Deduction lowers taxable income (if federal tax bracket is 25%, deduction of $600,000 saves tax payer $150,000)

Impact of Tax Credit on #donations and acres donated 2007: 254 donations, 59,000 acres

Use of conservation easement in collaborative conservation and development

Collaborative Development

Boulder, Colorado, Greenway System

Green Infrastructure
An interconnected network of green space that conserves natural ecosystem values and functions and provides associated benefits to human populations. The network consists of waterways, wetlands, woodlands, wildlife habitats, and other natural areas; greenways, parks, and other conservation lands; and working farms, ranches and forests. GI differs from conventional approaches to open space planning because, rather than looking at land conservation in isolation or in opposition to development, it aims to work in concert with land development, growth management, and built infrastructure planning.

Green Infrastructure
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Integrates environmental land objectives n Watersheds, habitats, open space, working landscapes, recreation, forest canopy cover, Network of conserved land including Cores or hubs, such as habitat reserves, native landscapes, working lands, regional and community parks Corridors or links, such as riparian floodplains, landscape linkages, conservation corridors, greenways, and greenbelts

Network of Landscape Cores and Connecting Corridors

Green Infrastructure Center, Charlottesville

Benefits of Green Infrastructure

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GI is science-based. It is analysis the land, soils, habitat, ownership, and development trends to identify critical core hubs (that may be habitat reserves, large farms, or regional parks) and connecting corridor links (that may be riparian streamways or forests tracts) to define an interconnected network of green space that can work for people and wildlife. GI is integrative. It both prioritizes land for conservation and informs land development planning so that green infrastructure is not planned in isolation but at the same time as gray infrastructure. GI builds on existing land conservation. Through Gap analysis, it starts existing protected lands and identified gaps in protection and priorities for critical cores and corridors. GI is proactive not reactive, systematic not haphazard, holistic not piecemeal, multijurisdictional not single jurisdictional, multi-functional not single purpose, and multi-scale not single scale

County Green Infrastructure Process

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Map County natural assets with best data, GIS analysis, and public involvement: ecological integrity, existing protected core/riparian lands, water resources, heritage and natural resource-based recreation, working landscape farms and forests, land use change, Map large, intact, and connected natural lands and assess by level of protection. GIC used innovative techniques to assess:
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Recent land use change impact on VNLA year 2000 database by mapping 100 foot buffers around new developments to determine impact of ecological cores, and Future level of protection by assessing parcel-size data and possible future impact on contiguous forest blocks.

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Map Natural Asset Network and highlight protected areas, working lands, cultural heritage and recreation lands Map high-value-asset connected intact landscapes Compare high value GI assets with County Comprehensive plan and zoning ordinance Engage the community in identifying protection priorities and conservation opportunities

New Kent County (VA) GI Inventory

Montgomery County, MD Green Infrastructure

Tools to Conserve the Working Landscape

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Exclusive agricultural zoning Nonexclusive agricultural zoning Cluster or conservation zoning Agricultural Conservation Easements/ Purchase of Development Rights (PDR) Transfer of Development Rights (TDR) Agricultural districting Differential (use-value) taxation

Land Stewardship
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Private Property owners conserving their lands for open space, habitat, watershed protection, recreation Master Gardeners NRCS promotes Backyard Conservation Users of Nature

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Users of nature, be they farmers, foresters, fishermen, or other producers and recreaters, are important conservation stewards and advocates of the working landscape, and promote its economic, social and environmental benefits.