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CHAPTER 5

CHAPTER 5. LAND CONSERVATION FOR WORKING LANDSCAPES, OPEN SPACE AND ECOLOGICAL PROTECTION. land conservation – permanent protection of land areas by withdrawing them from development - carried out by a variety of people / organizations, through a variety of means, for a variety of purposes

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CHAPTER 5

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  1. CHAPTER 5 LAND CONSERVATION FOR WORKING LANDSCAPES, OPEN SPACE AND ECOLOGICAL PROTECTION

  2. land conservation – permanent protection of land areas by withdrawing them from development - carried out by a variety of people / organizations, through a variety of means, for a variety of purposes --- for example: protection of natural resource-based “working landscapes” preservation of open space and natural character provision of outdoor recreation opportunities protection and restoration mitigation of hazard

  3. - Purposes need not be mutually exclusive / can work in concert: enhance benefits justify financial investment contribute to the sum impact of a project to a degree not possible when impact is derived from a single aspect

  4. A number of tools are available for carrying out this land conservation: • land acquisitions • conservation easements • collaborative conservation and development • greenways and greenspace design • enhancing the viability of working landscapes

  5. Some Dimensions of Land Conservation Table 5.1 (p. 77) illustrates graphically that divergent interests are active in land conservation in the U.S…. As well as providing a breakdown od the acreage and percentage of the stakeholder groups --- clearly the Federal government is the premier landholder (400+ million acres; 20.6%; overwhelmingly in the West – Fig 5.1)… no one else is in the same league as the Fed

  6. --- land owned by regional and local govt can only be estimated from urban park and forest holding --- land trust figures summarizes lands owned / protected by conservation easements, and that purchased and transferred to public ownership --- private lands only include those uses (farming and grazing) controlled under the Conservation Reserve Program (CRP) and the Wetland Reserve Program

  7. Government Land Conservation • Includes management of public lands, funding for conservation, land acquisition, and programs affecting private land conservation • Includes land both “owned” by government and conserved through regulation and incentives

  8. Public Lands • Text calls them the core of the national land conservation effort • Just as holdings exhibit significant spatial variation, utilization, and controlling agencies may vary greatly • --- can be the root of many conflicts (a) differing agencies may have authority on the same land unit (b) conflicting land uses

  9. --- national forests designated for timber; mining and grasslands; watershed protection and erosion control; multiple use recreation; wilderness and wildlife --- national parks managed for “passive” recreation and wildlife --- national wildlife refuges managed for recreation and fish and game --- BLM land constitute everything else (BLM is responsible for more acres of public land [National Interest Lands] than any other Federal agency)

  10. Federal Funding for Conservation Land Acquisition • A principal source of funding for the acquisition of public lands is the Land and Water Conservation Fund (LWCF) --- established 1965; funded by a small % of Federal revenue from offshore oil and gas drilling; has provided about $12.5 billion for acquisition • Text: about 70% has been applied to the purchase of lands throughout the U.S. / about 30% has been applied as matching funds to state and local conservation projects

  11. Federal Influence on Private Land Conservation • Federal government influences private land conservation through a combination of regulations: EPA guidelines; environmental legislation; permitting and incentives and disincentives: taxes laws / breaks; agricultural conservation programs; national flood insurance; “sodbusting”“swampbusting”

  12. Federal government also provides a number of programs whose purpose is to: (1) take land out of production – place it into a more “conservation-like”situation (2) provide disincentives to cultivation (3) fund conservation projects (4) provide technical assistance on conservation matters * text provides a number of examples of these programs (pp. 82-83) *

  13. Federal Reserved Water Rights(Dzurik, Water Resource Planning) Federal reserved water rights – water rights associated with Federal reservations such as national parks, forests, monuments, and military installations - rights are created when Congress establishes a Federal reservation - U.S. holds reserved water rights in trust for North American Indian tribes

  14. Dzurik, cont However: (1) in most cases, when establishing water rights, Congress does not allocate a specific volume of water for the reservation … not unlimited amount; guaranteed amount necessary to fulfill purpose of the Federal reservation [discern intent of Congress] [courts examine – how much is being sought; for what purpose; is purpose consistent with intent of creation] Cappaert v. United States (1976) United States v. New Mexico (1977)

  15. Dzurik, cont (2) Federal reserved water rights exist outside of state water rights (1) do not require a diversion from a water body (2) do not need to fulfill beneficial use requirements (3) are not subject to forfeiture or abandonment for non-use (4) priority is established when the U.S. creates the Federal reservation United States v. New Mexico (1977)

  16. Dzurik, cont • Native American water rights are problematic to the Federal govt and to current users • --- implied water rights (and priority) begin the date of creation of the particular reservation (Winters v. United States; 1908) • --- water rights are not based on beneficial use or forfeit by non-use • --- Winters doctrine and Arizona v. California (1962) addressed the question of “how much” water the Indian reservation is reserved [answer is more than actually flowing… irrigated agri interests are using]

  17. Obviously not all Federal legislation has worked out positively - A “favorite” of mine is the 1872 Mining Act --- mining companies can still get title to public lands for as little ad $2.50 / acre --- they pay no royalties / revenue to the Federal govt for any minerals found --- costs U.S. taxpayers upwards of $400 mill in lost tax revenue

  18. State and Local Land Conservation - Most land in the U.S. is privately owned, but under Federal, state and local use restrictions --- how land is used, and thus physically impaired, depends on (a) who owns or controls the land (b) land pressures and incentives directed on the owner

  19. Primary concern for state / local govt is loss of underdeveloped” land U.S. states lost 1,388,410 acres (1982-1992) and 1,193,200 (1992-1997) annually to development [for the same periods Tennessee lost 44,110 and 122,320 acres] (U.S. Dept of Agriculture) Paraphrasing Meyer, - land use changes are undertaken because they return a net profit to the land user(maximizing opportunity rather than an opportunity cost), while impacts and negative externalities are borne by others … this is especially true if you are a private landowner or local govt dependent on ultimate use for revenue

  20. Even more than the Federal govt, state / local govt are forced into practices to minimize land degradation: [remember that the term degradation is itself arguable according to what populations term a positive or negative externality] (1) preservationism – protect in a state with little human alteration as possible (2) conservationism – management ensuring continuation of the Stewardship Principle

  21. (2) conservationism, cont --- land use planning to: (aa) protect current land use (bb) guide future development (cc) reduce present and future conflicts (dd) avoid pollution (3) environmentalism – the essence of No.s 1 and 2, with concern for secondary impacts on the global biosphere system

  22. Some ethical attitudes we can link to modern environmentalism Universalists – fundamental principles of ethics are universal; rules of right-and-wrong are valid regardless of interests, attitudes, desires, preferences Relativists – moral principles are relative to a particular person, society, situation; no absolute ethical principle applies to any situation; there are no facts – only interpretations Modernism – by adopting a “positive” attitude, universal laws of morality can be found through the objective application of science

  23. Nihilists – existence is arbitrary and the only meaning to life is the constant struggle for survival; there is no such thing as “moral” behavior; only the ability to survival is of relevance, not the means of survival Utilitarians – pleasure is the only thing worth having in its own right; the ethical approach providing the greatest good for the greatest number of people is the best act society can make; pleasures of the mind are superior to pleasures of the body

  24. Post-Modernism (relativism) – society comprises many diverse, marginalized and disempowered groups; classical meaning to truth, reality and meaning do not exist; we can never know everything in its entirety [Drawn from Jones, People and Environment: A Global Approach]

  25. Aside Text: In addition to LWCF grants, 35 states and most local governments provide funds for conservation and protection. (p. 81) --- full funding of LWCF was a goal of the latter Clinton-Gore administration --- In 1998 there were 240 initiatives on state ballots intended to preserve green spaces or curb development (72% passed; $7 billion allocated) “Most open space protection is by acquisition while most working landscape protection is by conservation easement or purchase of development rights” (p. 81)

  26. State Land Acquisition • Despite growing budgetary problems, public interest in land conservation is strong … Text: more than 82% of the 530 state and local open space ballot initiatives passed between 1998 and 2001 (p. 81) Among funding sources have been: state / local bonds; tax on property transfer; general funds; lottery revenue; sales tax; ecotax; special grazing permits / fees; etc.

  27. State Farmland Protection Major non-Federal land uses in the U.S.: cropland - 28% pastureland – 9% rangeland – 27% forestland – 26% non-Federal rural – 10% A major issue in many states Text: 21 states provide agricultural easement programs (p. 82) [see Table 5.2, p. 83] ---- is such programs, farmers voluntarily sell development rights to government [$/acre of Table 5.2 gives a rough indication of the ant of land available and the level of land development in the individual state]

  28. State Greenspace and Green Infrastructure Programs Green infrastructure – open space and greenway corridors --- some states have begun to integrate open space, (green infrastructure) into their “necessary” planning --- green infrastructure includes large parks, preserves, open working lands, stream riparian and green corridor lands ---opposed to these is the concept of grey infrastructure (physical infrastructure)… roads, telecommunications, power and water lines, etc

  29. Local Government and Land Conservation Local govt can be even more creative in maintaining green (open) areas … basically utilize variations of green infrastructure mentioned for state land planning and add local govt-specific regulatory protection tools zoning differential tax rate development right making growth pay for itself

  30. Land Trusts Land Trust – a non-profit organization; accepts land donations; buys conservation easement; negotiates with landowners, developers, and local government; manages natural areas • Goal is to conserve natural and cultural resources and working landscapes • Land trusts have played increasingly strategic roles in land preservation

  31. The Growing Role of Land Trusts • First land trust established 1891 in Massachusetts • Recent extensive growth of trusts … 40% over the 1990-2000 period • Text: an issue of growing importance to land trust organizations is how trust land will managed • … they establish the trust, but few have the means to manage the property [they are not management co.s, they are 501C3’s].often convey management responsibility to state or local govt units or private organizations

  32. Using text information, some interesting patterns of protection arise: (1) numerically MA, CA, and CT lead the U.S. in the number of land trusts (2) CA, NY, and MT lead the U.S. in terms of acreage protected by local and regional trusts (3) text cites six leading states in acreage protected by trusts (including state-level action) [NV, CA, NM, FL, NY, AZ]

  33. … interesting patterns of protection, cont: (4) the highest percentage of state lands in trusts are all small Eastern states [VT - #1, NH, MA, CT, DE, NJ, MD] (5) land trusts hold land in all fifty states

  34. National / International Land Trusts The Nature Conservancy(TNC) - Text calls it perhaps the best known of the land trust organizations - very international - ~ 1 million members worldwide - its mission To preserve the plants, animals and natural communities that represent the diversity of life on Earth by protecting the lands and waters they need to survive

  35. National / International Land Trusts, cont The Nature Conservancy(TNC), cont - since 1952 it has protected over 12 million acres of natural areas (U.S.) and 92 million worldwide [unsure why text figures – Conservancy website talks about 117 million since 1951] - created ~ 1400 preserves worldwide - Successful because: • (1) does not forget local empowerment • (2) science-based plan yielding tangible results • (3) use of a non-confrontational approach

  36. National / International Land Trusts, cont The Nature Conservancy(TNC), cont Cumulative Land Protected United States 14,345,000 Canada 39,700 Caribbean, Mexico CA / SO America 83,464,600 Asia-Pacific 18,393,000

  37. National / International Land Trusts, cont The Nature Conservancy(TNC), cont - As TNC as grown, so has its mission --- shift from protection of “unique” places, to see the potential for linked preservation sites … its conservation by design policy aims to conserve portfolios of functional conservation areas” --- take direct action (to 2010) to conserve 500 functional landscapes in the U.S. and 100 more in 35 different countries … leverage action to protect 2,000 more functional conservation areas in the U.S. and 500 abroad

  38. National / International Land Trusts, cont The American Farmland Trust - Dedicated to preservation of American farmland - Its mission: Saving The Land That Sustains Us - Since its founding in 1980 has helped provide permanent protection for 1+ million acres of American farmland - a confederacy of farmers, environmentalists, and planners

  39. National / International Land Trusts, cont The American Farmland Trust, cont - Strategies: (1) protect the best land through publicly funded agricultural conservation easement programs (2) plan for growth with agriculture in mind through effective community planning and growth management (3) keep the land healthy for farmland through encouraging stewardship and conservation practices

  40. Tools for Land Conservation Designing a Land Conservation Program - Land conservation programs vary according to: purpose - preserving ecological resources; recreation; maintenance of working landscape; etc size – individual / private holding – to – watersheds and drainage basins organization running them – government agencies; nonprofit land trusts; etc

  41. - Despite any structural / procedural differences, land conservation programs have common dimensions --- to illustrate the text turns to two “umbrella” land trust organizations Trust for Public Lands (TPL) Land Trust Alliance (LTA)

  42. Trust for Public Lands (TPL) - Est. 1972 - Bills itself as “the only national non-profit working exclusively to protect land for human enjoyment and well-being” - Stresses elements of organization, community involvement, partnership building, design and planning, financing, and land acquisition and management - Has protected more than 1.9 million acres in 45 states [in TN: Chickamauga National Military Park and the Chattanooga Greenways Program]

  43. Trust for Public Lands (TPL), cont - TPL preserves land for recreation and to improve health and quality of life of American communities - Rooted in philosophy that connecting populations to the land strengthens appreciation of land (and thus, feelings of conservation) - The TPL provides technical assistance for public land conservation by local governments, landowners and community groups to: Create urban parks, gardens, greenways and riverways Create livable communities by setting aside open space and greenbelts (greenprints for growth) Conserve land for watershed protection , aesthetics, recreation Preserve community by protecting historically significant areas

  44. Land Trust Alliance (LTA) - Founded 1982 - “… is the best source of information on this growing movement” - Promoted voluntary land conservation … strengthens land trust movement providing leadership, information, etc,. that land trusts need … advises on-profits (1300+) - Text Box 5.2 gives some land trust successes

  45. Acquiring Land and Development Rights - Key step in land conservation is protection for intended purpose - There exist many means for controlling land use and development … particularly for govt (or only available to govt) … zoning; land districting; use-value tax assessment; infrastructure planning; etc. - Even when available, they do not provide effective, permanent protection

  46. - Permanent protection requires: (1) acquisition of land or (2) acquisition of land development rights - Associated with each land parcel is a bundle of rights … like a bundle of sticks that can be separated and held by different parties ex: I own the surface rights to a parcel; a mining company may own the subsurface mineral rights

  47. --- as a result of this “separation” of land rights, there exist a number of methodologies for acquiring land and / or the rights associated with it --- these are summarized in Table 5.5 and 5.6 – have available a copy for use on the exam [you can read them as well as the text or I can discuss them]

  48. Conservation Easement Easement --- legally binding agreement; does not involve a transfer of property ownership --- acquired use of someone’s land normal easement conservation easement

  49. Conservation Easement --- characteristics: (1) less-than-fee-simple interest in land (2) voluntarily donated or sold by the landowner to a unit of govt or an IRS-recognized non-profit conservation organization (3) for protection of open space, recreation, ecological, agricultural, or historical resources (4) most are granted in perpetuity (5) clearly defined land use restrictions netgotiated between owner and easement-holder based on owner needs and land assessment

  50. Conservation Easement, cont --- advantages offered: (1) permanent protection (2) less costly than fee-simple ownership (3) offer compensation to landowners – either direct payment or long-term tax benefit (4) stay in private ownership (reduction in liability exposure, management costs, continuing property taxation) (5) cooperative rather than coercive in that it is a result of interest in conservation and environmental stewardship

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