Critical Lands Planning Implementation
There are a number of techniques to conserve critical lands. The matrix below discusses the most common.
OPTION |
DEFINITION |
PROS |
CONS |
LAND ACQUISITION |
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| Fee Simple Acquisition | Outright purchase of land | Most complete means of effecting control and preserving land; compensates landowners completely | Most expensive approach; managed and maintained by government; takes land off of tax rolls; future administrations may sell land |
| Easement | Agreement restricting land use in order to protect certain characteristics | Local governments can initiate purchase of development rights; government has only partial rights and interest in land; income tax deductions for landowners | Program is affordable only when development pressures are low and consequently prices are low; does not provide for the complete control of land |
| Private Land Trust | Nonprofit organization which assists landowners & agencies with preservation techniques; purchases and holds conservation easements | Land is owned and managed by a non-profit organization; tax benefits for landowners; can buy and hold property for future government acquisition; cost savings for government | Public planning objectives must coincide with private land trust objectives to be realized |
| Purchase and Sellback or Leaseback | Agency buys land, leases to agricultural users | Enables government to recover a portion of its acquisition costs; government can exercise direct control over development activity | Higher burden on government to enforce restrictions; does not necessarily provide for public access |
| Purchase Option | Allows agency the first opportunity to buy land when it goes up for sale | Gives government flexibility, security while taking time to make purchase decision | Cost to government; option may expire before sale of land; "ties up" property; government is responsible for exercising the option |
| Purchase Right of First Refusal | Government agency has right to purchase first; expires only after agency has had option to purchase | Gives government flexibility and stability, time to raise funds for a specific project | Cost to government; "ties up" a property; government is responsible for exercising the option |
| Land Banking | Purchase and reservation of land for future development | Can lease for immediate use (e.g. agricultural) to recoup part of cost | Cost prohibitive |
ADMINISTRATIVE |
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| Exactions, Dedications, and Impact Fees | Fees and mandates placed on developers to pay for infrastructure and amenities | Removes costs of growth from existing residents | Complicated to establish; high litigation potential |
| Transfer of Development Rights | Shifts development from sensitive lands, allows higher density development in "off-site" receiving areas | Focuses development more appropriately; allows use of existing infrastructure | It is necessary to have another developable area with a strong demand for growth; substantial administrative commitments to address land valuation and transfer |
| Agricultural Protection Area | Owners of contiguous land form voluntary association establishing agriculture as primary use of the land | Protects farmland; relieves farmers from nuisance complaints from surrounding development; landowner-initiated | Only for agricultural lands; non-binding--landowner can pull out at any time |
| Agricultural Land / Open Space Zoning | Variety of local zoning laws designed to protect certain land characteristics or specific places | Zoning tool is readily available to local govts.; reduce conflict between agricultural and residential uses | Large-lot zoning can promote urban sprawl; can stifle economic growth |
| Quality Development Standards | Regulations protecting certain natural or visual characteristics of a community | Community has control over the "look" of development; can target specific aspects to preserve/ highlight | Can raise property rights issues; overregulation |
| Urban Growth Boundary | Boundary determined by local government beyond which development is discouraged |
Concentrates development where infrastructure already exists; protects rural character of outlying land |
Can be restrictive; raises property rights issues; can promote "leapfrog" development |
| Performance Zoning | Developer agrees to meet certain impact requirements, such as leaving a specified amount of land in open space | Can target either single or multiple impacts; can supplement or replace traditional zoning regulations | Limits development impacts rather than densities or uses; developers must meet a level of performance |
| Cluster or PUD Zoning | Allows high-density construction on part of a parcel in exchange for leaving other parts in open space | Allows for open space; minimizes needed roads and infrastructure; provides flexibility for developers to cluster buildings while maintain-ing overall average density restrictions | Does not provide for complete control or protection of land |
| Sensitive Lands Overlay | Superimposes additional layers of regulation upon underlying zoning districts; imposes restrictions on special resources, hazards, or sensitive lands | Identifies sensitive lands; provides guidelines for development site planning | Does not provide for complete control or protection of land |
| Building Moratorium | Local government stops reviewing new building permits for a specified time period | Gives local officials time to catch up or change policies/visions in times of heavy development pressure; future permits are evaluated with clearer criteria | State law's 6-month moratorium limit may not be enough time; can hurt local economy; does not decrease the number of building permit applications requiring review |
For more information,
please contact:
Laura Ault, GOPB
801.538.1545
please contact:
Laura Ault, GOPB
801.538.1545