HomeMy WebLinkAbout1998-12-02 PACKET 08.A.REC2UEST OF CI7`Y COUtdCIL ACTiCDN CC7UIVCIL AGEIVD6i
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[�ATE 12l2/98 � . °
PREPARED �Y: Cammunity Development Kim Lindquist
ORIGINATItdG DEPARTMENT STAFF AIJTHOR
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MEMORANDUM
TO: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: John M. Burbank, Associate Planner
DATE: November 20, 1998
RE: Green Corridors Project
On Thursday, November 19, I attended a special local government meeting sponsored
by the 1000 Friends of Minnesota. The purpose of the meeting was to share information
and to have local government representatives refine the green corridor maps for
Washingfon County. These maps are in GIS format and are graphic representations of
the data gathered in the host's "Green Corridor Project."
The "Green Corridor Project" is being compieted in order to identifiy several unique land
use corridors which should have additional open space preservation incentives or
controls enacted. The eligibility criteria used to identify the area related to land tract
sizes, agricultural use, soil types, slopes, groundwater sensitivity, and other common
environmental identifiers. The 1000 Friends of Minnesota chose several corridor options
which were based on an area's ranking against the assumed criteria. The areas in
Cottage Grove that were included in severa� of the option areas were east of Kimbro
and �amar Avenues. The land use and zoning for these areas currently have
preservation and density transfer ordinances in etfeci.
The Green Corridor Project is separate from the information inGuded in Washington
County's Comprehensive plan under a similar title. The representative from the 1000
Friends of Minnesota has indicated a desire to make a presentation to the City Council.
This request couid be arranged if staff is so directed. Some other people present at the
meeting included Counciimember Kohls, Commissioner Peterson, and Bret Emmons of
Emmons and Olivier Resources.
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What is the purpose of the Green Cori•idor Project?
The Green Corridor Project is dedicated to heiping Chisago and Washington counties' residents
keep the beautiful countryside, farmland and special natural azeas that make them great places to
live.
What is a `green corridor'?
Green corridors aze farmland, natural areas, environmentally sensitive lands, and scenic areas
that are linked together throughout the community. The Green Corridor will link these lands
with already protected public and private lands in Chisago and Washington counties.
Whaf will hapgen in the Green Corridor?
It is proposed that owners of lands in the Green Corridor would be eligible for incentive-based
land conservation tools that they can use in considering the future of their property. The Green .
Corridor Project will work closely with local govemment and land owners to selectively apply
the foilowing four land protection tools to lands located in the designated green comdor:
donated conservation easements, purchased development rights (PDR), transferred development
rights (TDR), and land acquisition. Lands to be protected must meet the criteria for each tool
and must be owned by landowners interested in participating in the programs.
How were the Green Gorridor Opportunity Areas determined?
The Green Corridor Project determined the criteria of lands that would meet each of the main
Four program objectives: protect agricultural land, preserve natural habitat diversity, protect
environmentally sensitive areas, and preserve scenic azeas. Data were mapped for each of the
criteria to guide the mapping work.
At p�ablic £orums an kh� fall of 1997, more than 250 citizens provided information on their
conservation priorities and lands that they would like to see protected.
A Green Corridor Advisory Team, of more than a dozen people with specialized technical
expertise, used this information to map three corridor options of lands that best met all of the
program objectives.
Does the public have an opportunity for input?
The Green Corridor Project will hold 5 public forums in October to receive comments from the public.
How will the final corridor be chosen?
The Green Corridor Advisory Team will assist the Green Corridor Project in developing the final
corridor location. The Advisory Team will consider the input from the 1997 public forums, the
1998 public forums, the criteria and program objective maps, maps of already protected lands
and community interest and pians in designating the final corridor.
e
Description of Each Opportunity Area
Washington County
Washington County Option 1- Green Network
Option t forms a network of open spaces that radaate out from a central spine running along
County Road 15 in the central part of the County. This corridor includes land in the following 16
communities: New Scandia Township, Forest Lake Township, Marine on St. Croix, May
Township, Hugo, Stillwater Township, Stillwater, Gran[, Dellwood, Baytown, West Lakeland
Township, Lake Elmo, Woodbury, Afton, Cottage Grove, and Denmark Township.
The predominant land use in this option is forest and wetlands in the north, agriculture in the
central and south, and natural areas in the southeast. This comdor would include the following
already protected lands:
State Pafks:
'Afton
William O'Brian
Othei� Siate Protected Lmsds:
Lost Prairie Scientific and Natural Area
Comes Swamp Wildlife Management Area
Whispering Pines Scientific and Natural Area
County Parks:
Point Douglas
St. Croix Bluffs
Big Marine
Squaze Lake
Private protected lands:
Carpenter Nature Center
Belwin Foundation
Lee and Rose Warner Nature Center
Wilder Foundation
Science Museum of Minnesota
various lands with scenic and conservation easements
Washington County Option 2- Green Areas
Option 2 forms two large areas of open space. One area, located in the northeast corner of the
County, is predominantly woodlands and environmentally sensitive lands. One area, located in
the southeast comer of the County, is a mix of prime agricultural lands and natural areas along
the St. Croix River. The azeas include lands in the following 10 communities: New Scandia
Township, Forest Lake Township, Hugo, Marine on St. Croix, May Township, Stillwater
Township, Afton, Woodbury, Cottage Grove and Denmazk Township.
This option would include the following already protected lands:
State Parks:
Afton
Williun O'Brian
Other� State Protected La�ids:
Lost Prairie Scientific and Natural Area
Corries Swamp Wildlife Management Area
Whispering Pines Scientific and Natural Area
County Parks:
Point Douglas
St. Croix Biuffs
Big Marine
Privafe protected lands:
Carpenter Nature Center
Belwin Foundation
� Lee and Rose Warner Nature Center
Wilder Foundation
Science Museum of Minnesota
various lands with scenic and conservation easements
Washington County Option 3- Green Corridor
Option 3 forms a corridor that winds through the County linking already protected public and
private lands. The corridor includes lands in the following 10 communities: New Scandia
Township, May Township, Marine on St. Croix, Stillwater Township, Lake E1mo, Grant, West
Lakeland Township, Woodbury, Afton, and Denmark Township.
This corridor includes a mix of forested and agricultural lands. This corridor would include the
following already protected lands:
State Par-ks:
Afron
William O'Brian
Other State Protecced Lands:
Lost Prairie Scientific and Natural Area
Whispering Pines Scientific and Natural Area
the Gateway Segment of the Willard Munger State Trail
Counry Parks:
Point Douglas
St. Croix Bluffs
Lake Elmo
Pine Point
Big Marine
Private protected lands:
Carpenter Nature Center
Belwin Foundation
Lee and Rose Wamer Nature Center
Wilder Foundation
Science Museum of Minnesota
various lands with scenic and conservation easements
Acres in' eacla Opportuniry Area per eommunity
'�**Note - it is proposed thaf these areas would be eligible for incentive-based land
proCection proerams It is not e�ected or intended that all of Chese tands would be
proteMed.***
Communi O tion 1 O tion 2 O tion 3
Afton - 13,916 12,977 6,929
Ba own Townshi 479 0 0
Cotta�e Grove 3,141 3,405 0
Dellwood 497 0 0
Denmark Townshi 17,320 16,981 6,622
Forest Lake Townshi 2,945 2,735 0
Grant 3,117 0 263
Hu o 3,603 2,310 0
Lake Elmo 1,859 0 3,916
Lakeland 0.17 0 0.45
Marine on St. Croix 2,410 2,429 1,391
Ma Townshi 16,779 13,047 5,24.4
New Scandia Twnsh . 6,5&2 16,051 5,593
Pine S rin s 0 0 4
St M's Point IS 1 0
Stil;wat�r 21: 5& 0
Stillwater Townshi 10,034 417 352
West Lakeland Twnsh . 1,192 0 287
Woodbu 5,430 2,729 671
TOTAL 89,530 73,140 31,272
Description of Each Opportunity Area
Chisago County
Chisago County Option 1
Qption 1 emphasizes the Wild River State Park and the natural habitat and scenic aspects of the
St. Croih River corridor. A scenic comdor is identified along Highway 95 from the south end of
the county to its crossing of County Road 9. Highway 8 from Center City and the Immigrant
Trail (proposed} is also included as a scenic entrance to the St. Croix Gateway south of Taylors
Falls, as is Pleasant Valley Road from Highway 95 to Highway 8. Natural habitat surrounding
Carlos Avery Game Refuge is included. From Sunrise Pool #3 towards the St. Croix the Sunrise
River a Green Corridor'/< mile on each side of the River connects Carlos Avery and the St. Croix
at Wild River State Park. A large block of contiguous agricultural land is included along
Highway 95 north of Taylors Fails to Almelund. In the north half of the county, lazge blocks of
contiguous agricultural land have also been included in Rusheba Township and northeastem
Nessel Township. A corridor of natural habitat and environmentally sensitive soils has been
included betu�een Horseshoe Lake and Rush Lake.
This corridor would include the following already protected lands:
State Parks:
Interstate Park
Wild River State Park
Ot)zer Protected Lands:
St. Croix National Scenic Riverway
Cazlos Avery Game Refuge
Kost Dam County Park
Fish Lake County Pazk
Immi�rant Trail (proposed)
Private Protected Lmzds:
I€azelden Foundation
Chisago County Option 2
Option 2 emphasizes two corridors of natural habitat and scenic areas combined with significant
agricultural ueas in the central and north parts of the county. A corridor of natural habitat along
the St. Croix River and lands along the Sunrise River constitute the two main arteries of this
option. Lands surrounding Carlos Avery Game Refuge connect to the Sunrise River corridor.
Environmentally sensitive areas along two portions of branches of the Sunrise River have also
been included. Only the largest contiguous agricultural azea in the northern part of the county is
included. In the central part of the county, one large block of contiguous agricultural land is
included, as opposed to the linear strip along highway 95 that is proposed in Option 1.
This option would include the following already protected lands:
State Parks:
Interstate Park
Wild River State Park
Odter Protected Lands:
St Croix National Scenic Riverway
Carlos Avery Game Refuge
Nessel WMA
Kost Dam County Pazk
Checkerboazd County Park
Chisago County Option 3
Option 3 is the most inclusive and broadest of the three proposed options. Option 3 includes all
lands Identified as having some important conservation values. Option 3 is based on the
assumption that incentive-based land conservation tools should be offered to landowners
anywhere that there are important natural resource values (as opposed to OpCions 1 and 2 Chat
take a more limited, targeted approach to land conservation). Option 3 includes a linear network
of scenic areas connecting the south half of Chisago County with the north. Environmentally
sensitive soils and wetlands have also been targeted for inclusion in this option, most notably in
the westem part of the county as well as in North Branch and parts of Harris and Sunrise.
Corridors of natural habitat are included along the 3t. Croix River, Carlos Avery Game Refuge
and in Nessel and Fish Lake Townships. Blocks of contiguous agricultural lands aze included,
primarily in Rusheba and northeastern Nessel Township as well as Amador, Sunrise, Chisago
Lake, and Shafer. Limited agricultural comdors are aiso included in Franconia, Fish Lake, and
Harris. In addition, many of the environmentally sensitive areas include agricultural lands,
particularly the large block around North Branch. The largest differences between Option3 and
the other 2 Options are the inclusion of areas sensitive to groundwater contamination and
additional scenic corridors throughout the County.
This corridor would include the following already protected lands:
State Parks:
Interstate Park
Wild River State Park
Other Protected Lmids:
St. Croix National Scenic Riverway
Carlos Avery Game Refuge
Checkerboard County Park
Kost Dam County Park
Fish Lake Counry Park
Nessel WNSA
North Sunrise reserve Land
Branch WMA
Immigrant Trail (proposed)
Private Protected Lands:
Hazelden Foundation
Acres i�i each Opportunify AYea pe� comnzunity
***Note it i�r000sed that these areas would be elieible for incentive-based land
protection�roerams It is not expected or intended thaY all of these lands would be
protected.***
Criteria Used for Determining Lands to Be Protected
Agricultural Land
large areas of land currently in agriculture
soils classified as prime, unique and additional significance
Natural Habitat Diversity �
large blocks of natural habitat
Minnesota County Biological Survey Sites
large areas of forest interior habitat
vegetated stream corridors
�all trout streams
large areas of grasslands
undeveloped lake shores
Environmentally Sensitive Areas
erosion prone soils class greater than 5(data not available in Chisago
County)
areas rated with very high ground water sensitivity
Scenic Areas
areas identified by forum particrpants
historic sites and landscapes
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The Crreen Coiridor Project is dedicated to helping the residents of Washington and Chisago
Counties keep the beautiful countryside, farmland, and special natural azeas that make this a
great place to live.
Green corridors are areas of farmtand, natural azeas, scenic areas and other open spaces that
are linked together throughout the community. Green Corridors help communities keep the
landscape they love while accommodating growth. This is achieved through incentive-based
programs that provide interested landowners with new oprions.
Open Space: Save It or Say Goodbye
Our communities are growing very fast. We can continue to grow and thrive, but we need to
plan proactively for where we want growth to go. If we don't, we can say goodbye to the
landscape we love.
• Every day in Minnesota, an area the size of the Mall ofAmerica is paved over.
• Minnesota is the fastest growing state in the upper Midwest. .
• The 13-county Twin Cities area is the fastest growing metropolitan region from the
northern plains to the eastern seaboard.
• This metropolitan area also is one of the most sprawling (land and resource
consuminp� of the top 25 metro regions in the couniry.
• Washington County is one of the fastest growing counties in the state and the country.
• By June 1994, Chisago County had already passed its projected population growth for
the year 2000 by 41 percen
Sprawl Costs Us All
Property taaces continue to ancrease in Mir.nesota, and more and mare communities are finding
that explosive, sprawling growth is part of the problem.
Growth can expand a community's taY base, but it also increases demand for costly roads,
schools, police, fire, sewer and water lines and other services for which the community must
pay. There is mounting evidence that inefficient, sprawling growth is actually a net drain on
communiiy taz� coffeis.
• Houses Cost More than Farms: A 1994 analysis of three Minnesota cities shows that
residential development costs more tar dollars than it contributes in tax revenues. For
every $1 paid ia taxes, farmland demands $.47 in services, while residential development
demands $1.04 in services. �
• Sprawl Costs Tc�payers More: Economie reseazch done in Minnesota shows that compact developments save
taacpayer dollars because services can be provided more efficiently. In Wright County, when service costs of
residential development were compazed with the xevenue they generated, low density residential development
had a net deficit which was more than four times that of high density residentiai development.
Green Corridors Protect More than Open Space
Around the Midwest and throughout the counuy, green corridors have worked to help communities accommodate
fast growth and still keep the landscapes they love. Green corridors provide connections between communities,
between already protected lands, and between peopie and the land. Green comdors protect our green
infrastructure, providing a legacy for future generations.
Communities in places from Massachusetts and Michigan to Colorado and Oregon have used green corridors to
improve the appeal of neighborhoods and support their long-term tax base. Economic studies around the country
have demonstrated proximity to open spaces, agricultural land, and pazks boosts properry values and enhances the
appeal of neighborhoods.
A study in Boulder, Colorado found that properties immediately next to green comdors had mazket values 32
percent more on avernge than similar properties without green corridors neazby.
In Minnesota, 61 percent of property owners living next to the Luce Line Trail noted an increase in their
property values. Realtors confirm that proximity to the trail enhances the appeal and selling value of property.
An Oregon study found that urban land next to agricultural land was worth $1,200 more per acre that similaz
land 1,000 feet away.
Tools to Keep Open Spaces
The Green Corridor Project will help people keep the landscape we love using four incentive-based tools.
• Donated Conservation Easements
• Purchased Development Rights (PDR)
• Transferred Development Rights (TDR)
• Land Acquisition
For more information on these toois, refer to the other fact sheets in this series.
Statistics for this fact sheet developed from: M
.4griculture, MNDept. ofTrade and Economic
ltwe American Farmkmd Tiust, Nationcri
' Cerasvs Bureau. Metropolitmi Cauncit, &
k Service. US Dept of
Demagrapher's O,�ce
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Communities that aze concerned about the long-term impacts of development pressures on
their farmland and naturat azeas can look at a number of options. While each of these tools
can play a valuable role in maintaining a crifical mass of open space and agriculture, no
silver bullets can meet all of a community's needs. The most effective strategy is to use the
combination of tools that make the most sense for your own city, county, or township.
The Green Carridor Collaborative can help individual communities in Clusago and
Washington counties as they examine the toolbox. We can provide technical assistance and
references to other communities who have successfully applied these tools.
Purchase of Development Rights
(PDR)
I
Donated Comprehensive
Easements �♦ Land Use
Planning
I
Land Acquisirion
Transfer of
Development
Rfghts (TDR)
Donated Conserva6on Easements aze voluntary legal agreements between a landowner
and a land trvst or local government agency that allow landowners to permanently limit or
prohibit development on their property. Conservation easements run with the title so that ail
future owners of the land are bound by the original agreement.
I'urchasect I)evelopment Itights (YDit) are voluntary legai agreements that ailow owners
of land meeting certain criteria to sell the right to develop their properiy to local goverament
agencies, state government, or to a nonprofit organization. A conservation easement is then
piaced on the land. This agreement is recorded on the title to permanently limit the future
use of the land to agricutiure, forestry, or other open space uses.
Transferred Development Rights (TDR) aze enabled by local ordinances that create
sending areas, or preservation azeas, and receiving areas where cammunities encourage
additional growth and development Landowners in the sending area receive develapment
right credits which they can sell ia exchange for not developing their land Real estate
developers, speculators, or the locai unit of goveinment can then purcbase the deve�opment
right credits and use tkem to increase existing or planned deasities in receiving areas
Land Acquisition —is used in seleet cases when willing landowners
land by selling or donating it outright to a public agency or land con:
This mechanism allows the public agency to have full control over a
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tion orgwization.
erty's future.
Land Protection Tool Pro Con
Donated Conservation Easements • Permanently protects land from • Tax incentives may not provide
development pressures. enough compensation for many
• Landowners may receive income, landowners.
estate, and property tax benefits. • Little local govemment control
• No or low cost to local govemment. over which azeas aze protected.
• Land remains in private ownership and
on the tax rolts.
Purchase of Development Rights • Permanently protects land from • Can be costly for local unit of
development presswes. government.
• Landowner is paid to protect their land.
• Landowners may receive estate and
property tax benefits.
• Local government can target locations
effectively.
• Land remains in private ownership and
on the tax roles.
Transfer of Development Rights • Permanently protects land from • Can be complex to manage.
,� development pressures. • Receiving area must be willing to
, • Landowner is paid to protect their land. accept higher densities.
• Landowners may receive estate and • Most successful prograzns
property ta�c benefiu. typically require a sh�ong real
• I.ocal govemment can target locations estate market.
effectively.
• Low cost to local unit of govemment
• Utilizes free market mechanisms.
• Land remains in private ownership and
on the ta�c roles.
Land Acquisi6on • Provides maximum fle�bility for local • Can be costly for local unit of
unit of govemment to determine future govemment.
use of land. • Government takes on the costs
. Financial incentive for landowner. and liability of land management
• Local government can target locations
effectively.
Co�preheasYV� Y.a�d Use Planning — Fzch of these la�d grotection tools has gros and cans wluch must be
weighed by the locai unit of government. To most effectively utilize a combination of these toois, the local unit
of government should develop a new comprehensive land use plan, or amend an existing plan, to ascertain its
„»;que needs and apply the most appropriate tools for the situation, Comprehensive plan changes should
always be undertaken with a maximum level of citizen participation from throughout the community. Land
protection tools can complement effective zoning to cazry out the goals of the comprehensive plan.
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and Tax Benefits for Landowners
What Is a Conservation Easement?
A conservarion easement is a legaily recorded agreement by which landowners may
voluntarily resirict the use of their land. A conservation easement protects importaut land
resources and can be held by a qualified conservation orgauization (such as the Minciesota
Land Trust) or local unit of government. Provided that certain conditions aze met, donors of
easemenu may be eligible for income, estate and/or property ta�c benefits. One condition is
that there must be an established, recognizable pubiic benefit, such as protecting raze
species, public water supplies, or scenic vistas visible from roads. Public access is not a
requirement.
Although the duration of a conservation easement can vary depending on the desires of the
landowner, taac benefits aze available only for perpetual easements. Many land trusts will
oniy accept perpetual easements, since they provide permanent protection by subjecting all
future landowners to the same restrictions. Conservation easements aze aiso the principal .
legal mechanism used to protect land in a Purchase of Development Rights (PDR) or
Transfer of Development Rights (TDR) program (see other fact sheets in this series).
What Types of Land Can Be Protected through Conservation Easements?
Any type of undeveloped or sparsely developed property can be protected with a
conservarion easement. Conservarion easements can be used to protect agricultural land,
forested land, wildlife azeas, wetlands and other scenic or narivai lands.
W6at Effect Does This Agreement Have on My Property Rights?
A landowner who conveys a conservation easement retains all rights to use the land for any
purposes that do not interfere with the conservation of the properiy as stated in the terms of
the easement. The landowner retains the title to the property, the right to seil at, the right to
restrict public access, and the right to give it to whomever he or she chooses. However,
most or aii of tne rights io deveiop aze restricted or eliminated. The terms o£a conservation
easement are individually tailored to reflect each landowner's particulaz needs, situation and
properry. For example, one landowner may want to prevent any future development.
Another may want to retain the right to construct an additional bazn or shed. A third
landowner may want to reduce, beyond what is allowed by current zoning, the number of
homes that may be built on a certain parcel. The easement can be written to appiy to the
entire property or to only a portion of it.
How Is the Easement Value Determined7
Land ownerslup can be viewed as owning a variety of separate rights an the properiy. These
rights include, but are not limited to, the right to farm the land, the right to build on the land,
and the right to exclude the public. �Then a conservation easement limits any of these
rights, the value af the land is affected. The vatue f s detexmined by having a`before' and
`after' appraisai completed by a qualified appraiser who meets'IRS req`uirements. First, the
land is appraised in fight of its full develapment potential. Thea the larid is appraised again,
taking into account the easement restriclions wi�ich timit some or all of the paoperiy's
development rights. 'The difference between these two figures �s the value of ehe easemeat
In instances where the easement is donated and qualifies under IRS regulations, this amount aiso is the value of a
charitable contribution which can be taken as an income taac deduc6on. Appraisal costs aze the responsibiliry of
the landowner considering donating a conservation easement.
What are the Tag Benefits of a Donated Conservarion Easement?
Federallncome Tax Benefits—Under the IRS code, the donation of a qualified conservation easement may be
treated as a charitable contribn6on. The value of the contribution can be deducted at an amount up to 30
percent of the donor's adjusted gross income in the yeaz of the gift. If the easement's value exceeds 30 percent
of the donor's income, the excess can be carried forwazd and deducted (again, subjected to the 30 percent Iimit)
over the next five years, if needed.
Esrate Tcir Benefits Donation of easements, whether during the landowner's life or by bequest, can reduce the
value of the land upon which estate taxes aze calculated. This can greafly benefit the landowner wishing to
transfer land to relatives. The estate tax benefits of a conservation easement can often mean the difference
between heirs having to sell property to pay estate taxes or being able to keep the property in the fanvly.
Property Tmc Benefits The conveyance of a conservation easement may reduce a landowner's property taxes.
This depends o� current wning and land use, current assessed value, and whether the owner participates in a
current-use assessment program like Green Acres or Metropolitan Agricultural Preserves Program. Under
Minnesota law, county assessors must take a conservarion easement into consideration in establishing the
mazket value of the land subject to the easement. However, e�cisting ta� basis, assessed value, and curtent
zoning of each piece of property aze important factors in determin;ng the potential benefits of any easement.
The exact terms of each individual easement also have a bearing on iu effect on property taxes.
What Criteria Must Be Satisfied?
To be etigibie for most of the above taY benefits, the agreement must be entered into with a qualified
conservation organization, such as ihe Minnesota Land Trust, or a local unit of government. In addition, the
terms of the easement must be perpetual and they mus[ meet other IRS requirements. The criteria that must be
saflsfied for the Minnesota Land Trust to accept such a donation are available upon request
What Rights Does the Easement Holder Have to My Land?
If the Minnesota Land Trust or another qualified organi�ation accepts an easement on your land, it is obligated W
overs�e and enforce tke rasement's teims and conditfions. Fo* exa?�?gi_e, an oTga,nbzation has the riglrt to enter and
inspect the properry (usually once a year) to ensure that the terms of the agreement are being upheld. Except in
unusual circumstances, these visits aze scheduled with the landowner. The organization does not haue the right
to use your property, nor does the easement allow public access to the property since it remains privately owned.
To learn more about donated conservation easements, sontact the Minnesota Land Tras�
Commission on Minnesota Resources, Ymm ih
�`
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�,
Purchase of Development Rights (PDR) programs have been used successfully in many
areas around the nation. They were pioneered in Suffolk County, New York in 1974 and
have since been used across the nation to preserve an estimated 400,000 acres of fazmland
alone. Programs focused on natural azeas and other open spaces have protected additional
acreage.
Descriphon
Under a PDR program, a landowner voluntarily sells his or her rights to develop a pazcel of
land to a public agency or a charitable organization interested in naturai resource
conservarion. The landowner retains all other ownersiup rights attached to the land, and a
conservation easement is placed on the land and recorded on the �itle. The buyer (often a
locai unit of government) essentialiy purchases the right to develop the land and retires that
right permanenfly, thereby assuring that development will not occur on that particulaz
properiy. The landowner is generally compensated for the value of the right to develop the
land through the following formula:
GeneralApproach —Appraisal Method
Appraised Value
for
Development
Appraised Value
for =
Agriculture/ConservaHon
Appraised Value
of
Development Rights
Considerations
When considering where PDR fits into a community's land conservation plan, one should
consider the cost anvolved in purchasing development rights on a significant amount of land.
In azeas with high growth pressure, the cost of a PDR prograni can be high as the difference
between development value and conservation value increases. Used strategically, however,
a PDR grogra�u can be an effective tool to help m�imi?e a community's conservation
eff`orts. Money for PI}R programs can be raised through a variety of ineans, including
bonding initiatives, private grants, and various taxation options. Many communities have
found matching dollars from state and federal sources. Additional considerations are noted
on the back side of this fact sheet.
Where It Is Woridag
One of the most successful PDR programs in the country is run by the Agriculture Preserve
Board of Lancaster County, Peansylvania. It has preserved over 23,500 acres of farmland
since 1981.
Closer to home, Dunu Township, Wiscoasia, located near Madison, initiated a PDR
program in 2996. In 1997, the Minnesota legislature passed enabling Iegislation to explicitly
allow 1oca1 units of govemment to develog and utilize PDR ptograms.
The Green Corridor Project is working to develop one of Minnesota's first Purchase of
Development Rights Pr°gram• �,: :
Selected State and Local PDR Programs
Detailed informafion on setting up a PDR progreni is available in the Crreen Corridos Project's publication:
"Protectin�Your Communities Naturai Resources: A Land Protection Toolbox of Local Government" .
�
Source - Tables 3.1 and 3.2 isY "Savirig r�erica's Faennland: What Works", American Farmland Trust (199'7) pages 8fi=87
APP: Agricultural Preservarion Progam.
LCII': Land Conservation Investment Program. The program was terminated in 1993.
FPP: Federal Farmland Protection Program.
Programs in Coloredo, Maine, and Vermont are multi-pucpose progams; the figures in t6e table represent easement acquisitions on
fazmland.
, 1 • 1 �. . ,�� . �' �
Transfer of Development Rights (TDR) programs use market forces to simultaneously
promote conservation in high value natlu�al, agricultural, and open space areas while
encouraging smart growth in developed and developing sections of a community.
Successful TDR programs have been in place since 1980, and have protected tens of
thousands of acres of farmland and open space throughout the country.
Description
In a TDR program, a community identifies an area within its boundaries which it would like
to see protected from development (the sending zone) and another area where the
community desires more urban style development (the receiving zone). Landowners in the
sending zone are aliocated a number of development credits which can be soid to
developers, speculators, or the community itself. In retum for seliing their development
credits, the landowner in the sending zone agrees to place a permanent conservation
easement on his or her land. Meanwhile, the purchaser of the development credits can apply
them to develop at a higher density than otherwise allowed on property within the receiving
zone.
The aitached sheet provides a visual example of how TDR can work in a community.
Considerafions
TDR programs have the advantage of using free mazket mechanisms to create the funding
needed to protect valuable fazmland, natural azeas, and other open space. However, many
people find TDR programs complex and administratively chailenging, requiring the local
unit of government to make a strong commitment to administering a potentially complicated
program and educating its citizens and potential developers. TDR programs must be
combined with sh�ong comprehensive planning and local controls in order to be successful.
Where I4Is i�orking
Montgomery County, Maryland, near fast growing Washington, D.C., established its TDR
program in 1980. By the end of fiscal year 1997, the TDR program had protected 39,180
acres (out of a total sending area of 89,000 acres) under protective easement Prior to 1980,
the county lost an average of 3,500 acres of fazmland per year to develogment. In the first
decade followiag the establishment of the TDR program, the county lost a total of 3,000
acres to development, a drop of approacimately 92 percen�
The New Jersey Pinelands, an environmentally unique and seasitive azea of about one
million acres, was targeted for protection throngh The New Jersey Pinelands Protection Act
af 1979. The Pinelands Commission, the regional land use authority, established a TDR
program in 1980 which had protected 5,300 acres by 1991.
In 2997, the Minnesota legislature passed enabling legislation to e�licidy aUaw local rinits
of govemmeat to develop and util'aze TBR programs, The Green Camdor Pmject is
workuig to develop Minnesota fust foimal Ta�ansfer of Deaelopment Rights program. ;
Transfer Of Development Rights
Hypotheticat Exaznple
x�'��
�' �`
,\ f
,� . SENQING AREA
f ��
# Y \
X �'CEIVINCa'�
��;�REA .�+�
4:"�lt �
Concept
Detailed information on setting up a TDR program is available in the Crreen Corridor Project's publication:
"Protectin� Your Communities Natural Resources A Land Protection Toolbox of Local GovernmenP'
Conventional Development
Existing Conditions
*Note — the actual density bonus is set by local
ordinance and need not be this high.