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HomeMy WebLinkAbout1998-12-02 PACKET 08.A.REC2UEST OF CI7`Y COUtdCIL ACTiCDN CC7UIVCIL AGEIVD6i PAEETING 9TEIV! [�ATE 12l2/98 � . ° PREPARED �Y: Cammunity Development Kim Lindquist ORIGINATItdG DEPARTMENT STAFF AIJTHOR .....4.:�mA�.��<.¢��.«..�.a�..�.«««.ffi.�4�.�.*,.�� � � . ! Receive information on the Green Gorridor ProjecY • •• �: BUDGET IMPLICAT�ON $ BUDGETED AMOUNT ADVISORY COMMISSION ACTION ■ ` ■' � � . ; �. � . . . , � . . , � ■ • � •` • � � •- ■ ..�� •� �� � $ ACTUAL AMOUNT FUNDING SOURCE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENBED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ►�1 • • • • i • ; � �'�', . .. . i •• • � � ` • i+ • ' i •.:� �:. -a� ��� •: ►�l • ` • •• • s' f�s• c . � •s " • - - � �; +� �: /�l / �ity �.dministr�tor ate �������«$¢�.���a��g.�������.��wa�«�.��������k�k� �a���aL ��Tica� ��,�c��: � a���cav�� �1 ���i�� � ��rt��� 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. � � � � , � � � � . � , � � � � ' ' , 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 . .. � � � � � . ,. I : I �, 1 ,. > 1. . 1 i . 1 1 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 ' . 1 1 � 1' i ` 1 1 i 1` 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 � . .. <�,� � _ � _ , , tto conservetheu 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. � � �• • � . , ..' � • • 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 �` , � � ' • • , i • � � �, 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.