Conservation land planning combines two important objectives that
may at first appear incompatible:
·Protecting
the natural resource value of land, such as agricultural soils,
wildlife habitat, ecologically sensitive areas such as wetlands, and
the land's scenic attributes; and
·Creating
opportunities for siting buildings and structures on land so that
they fit in with the natural landscape. This can potentially lead to
enhanced land values through proper planning.
The
term "conservation" is used here in its historic sense to mean the
"wise use and management" of land to achieve varied social
objectives. It does not mean locking up all the land permanently in
its "forever wild" state or giving it away to charity. Rather, it
usually involves a combination of carefully planned development and
preservation actions. Combining these measures can maximize the
value of the portion of the land to be developed by taking advantage
of and preserving what is truly special about the property.
How Can a Conservation Land Planner Assist a Landowner?
Landowners who want to protect both their investment in the land and
its distinctive character can find attractive ways to combine these
objectives with the assistance of a conservation land planner. This
is done through a four-step process that results in long-term
preservation and may also (but need not) involve limited
development, subdivision, and full or partial sale. The
conservation land planner will:
·Step
1:
Identify the landowner's short-term and long-term objectives for the
land. These may include financial objectives such as selling the
property in its entirety, reducing property tax burdens, or raising
a designated sum of money from a partial sale. Conservation and
stewardship objectives might include maintaining wildlife habitat,
raising livestock or crops, preserving privacy, providing for family
use of the property, or protecting a scenic view of agricultural
fields.
·Step
2: Assess
and map the resource values of the land to determine what is most
important to preserve. The resource values selected for preservation
will depend largely upon the conservation organization’s mission
combined with the owner's personal and family objectives.
·Step
3:
Generate various options for the use and potential future
disposition of portions of the land to meet the landowner’s
financial and preservation objectives. This may include the
preparation of limited development plans, conservation easements, or
subdivision maps where appropriate.
·Step
4:
Work with the landowner to select a preferred option and implement
it through legal documents such as conservation easements or deed
restrictions, subdivision and site plan approvals, or marketing a
portion of the property.
Is Conservation Land Planning Useful to Purchasers and Sellers of
Land as well as to Current Landowners?
Conservation land planning is very useful to landowners who are
thinking about the future of their land, for those involved in the
purchase and sale of properties, and for developers who want to
consider protecting a portion of a property while implementing a
conservation development plan.
For
developers and purchasers, it is important to involve the planner
early in the acquisition process, since the acquisition price may
depend upon the disposition options available. By enlisting the help
of a conservation land planner, buyers may be able to purchase a
larger parcel and, through a simple but effective conservation
subdivision plan, obtain the parcel they want at a favorable
acquisition cost. Other portions of the property may be sold at a
small profit, permanently protected by conservation easements.
Similarly, sellers may be able to gain a far better yield on the
sale of their property by following a well-considered conservation
subdivision plan, rather than selling in bulk to a developer who
would then derive a profit from carving up the land. Sellers may
also be able to achieve their financial objectives without having to
live elsewhere by keeping some of the land and selling a portion
according to a financially sound conservation plan. It is advisable
to consult a conservation land planner before placing a property on
the market.
How Can Financial and Conservation Goals be Combined?
Land
is an asset which, if properly managed and planned can produce a
good return without damaging its resources. Conservation land
planning involves careful analysis of the real estate market to
determine how to make conservation use most profitable. Spreading
development across the property is not necessarily the landowner’s
most cost-effective option when taking into account the tremendous
cost of building roads and other site improvements. In some of the
most scenic areas, large parcels actually bring a higher per-acre
price than smaller ones. Also, as towns are becoming more sensitive
to environmental factors and more innovative in their land use
regulations, conservation land planning is becoming an approach that
often wins favor with local planning boards.
One
fundamental principle of land planning is that the location and
siting of development is at least as important as the amount of
development. More units can often be accommodated on a site when
properly planned and located than under a typical "sprawl" pattern
that blankets the entire tract. In conservation land plans, the
areas designated for future development are carefully selected to
maximize preservation of natural assets while minimizing development
costs for large parcel and cluster development. A conservation
planning approach may be more profitable as costs are often lower
than for sprawl development.
Will Conservation Land Planning "Zone Out" Those Who Cannot Afford
to Own Large Tracts of Land?
Conservation land planning ensures that what is built is sensitively
sited and designed. Cluster development, even at a very small
scale, may make it possible to provide a variety of types of housing
and may well be the key to providing affordable housing.
Conservation land
planning makes good financial sense, helps to stabilize the tax base
and provides housing opportunities for all walks of life.
If you are
interested in learning more about Conservation Land Planning, please
contact us at (845) 677-3002.
This information does not constitute legal or tax advice and DLC
strongly recommends that you discuss your land conservation options
with legal and tax professionals.
