RESOURCES. Tools Commonly Used to Preserve Farmland & Open Space. Managing Change* BGSU / UT 17

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1 RESOURCES Tools Commonly Used Preserve Farml & Open Space The followg are ols commonly used help preserve farml open space. Please e that list correspondg summary matrix are tended be comprehensive, but rar a startg pot. The first ne ols, read conjunction summary matrix on followg page, are excerpted from Washtenaw County Agricultural Ls Open Space Preservation Plan Prelimary Report, Washtenaw County Agricultural Ls Open Space Task Force Washtenaw County Metropolitan Planng Commission, May 30, 1997 September 11, (Also see pages 23 & 34). PURCHASE OF DEVELOPMENT RIGHTS (PDR)... Purce rights (PDR) use money purce rights privately owned l. PDR are generally seen as a more permanent approach preservg ls open space than traditional zong-type methods. In such a program, a lowner is paid fair market value rights his/her property an easement restricts houses from beg built on l. The value rights is generally calculated as difference between value value l. Fundg PDR is varied, many communities fund ir own through bondg or tax schemes. Places where PDR are effect clude Boulder, CO; Kg County, WA; York County, PA; Pensula Township, MI; Suffolk County, NY; Lancaster County, PA; Routt County, CO; Montgomery County, MD; State Maryl/Baltimore County. TRANSFER OF DEVELOPMENT RIGHTS (TDR)... Transfer rights (TDR) differ what from PDR that rights are generally transferred directly from farmer or lowner developer, usg private funds. With such a program, permitted housg units are transferred from an area (ten referred as a sendg zone ) ar area where is desired which is ten serviced by existg frastructure (a receivg zone ). The developer n compensates farmer directly value rights exchange usg those rights a receivg area. These are largely voluntary, most require little expenditure. Places where TDR are effect clude Pensula Township, MI; Collier County, FL; Boulder County, CO; Montgomery County, MD; Calvert County, MD. AGRICULTURAL ZONING... Zong is traditional method municipalities control rural undeveloped areas. Agricultural zong is different from typical zong that it is tended protect a resource rar than just give order. Increasgly, zong efts have become more vative, ten cludg such schemes as slidg scales, security areas, cluster, large lot zong, overlay zong, permance zong, planned unit, or quarter/quarter zong. Agricultural security areas help protect blocks l, are itiated by lowners, require a large mimum lot size, must be kept use length agreement. In exchange, community agrees mimize impact adjacent on agriculture. Or zong options clude lowerg density permitted areas or utilizg cluster layouts protect farml. Places where zong is effect clude Kg County, WA; Suffolk County, NY; Lcaster County, PA; Collier County, FL; Boulder County, CO; Dane County, WI; Black Hawk County, IA; York County, PA. Managg Change* BGSU / UT 17

2 18 Managg Change * BGSU / UT SUMMARY MATRIX OF PRESERVATION TOOLS excerpted from Washtenaw County Metropolitan Planng Commission, 5/30/97 OOL T R D P R D T G ONIN Z S AND TRUST L R CLUSTE DEVELOPMENT BJECTIVES O g farm help To preserve ecomy; ls; urban keep contaed farml Protect farmg dustries; orderly promote Preserve environmentally ls; sensitive keep already areas; urbanized critical mata mass l farml, Preserve space, open habitat natural Preserve ls providg while density developers FUNDING SOURCE issues; Bond taxes; property matchg taxes; sales funds; cigarette grants; taxes funded Privately grants, through or or millage, funds general Generally, needed; fundg grants federal Member donations; foundation government gifts grants; l easements ne Generally needed ADMIN COSTS small Generally significant a ( tal percentage ) estimated ot N, small Very an generally issue from very Rangg trusts) (local small million $1 trusts national small, Very issue an generally JURISDICTION ADMINISTERING Zong parks departments; space open departments; specific boards preservation or County Planng Township Zong /or Mostly planng bodies; zong but twide, at admistered level planng County zong /or ECONOMIC IMPACTS seen effects Only - secr housg significant a housg crease attributable PDR l higher Some open near values price space, added TDR homes; or studied change values l Higher preserved near space; open housg afdable problems attributable perhaps zong; lower frastructure (but quantitative assessment) Housg unchanged; frastructure due savgs densities higher contaed LAND USE IMPACTS helped Has conta areas; designated prevent helped sprawl rural/ areas early o Many, kept tell; areas urbanized (contaed) kept Has generally controlled existg municipalities; core a preserved basis l small Generally surveyed; where able be can o Most observe new rural kept this; low while densities keepg one clustered jurisdiction ISSUES EGAL L o n have Most one issues; takgs; issues receivg TDR TDR zones; supply/dem imbalances mor Some questions down regardg zong Non-prit management issues tax real donations; law; e disputes boundary issue few; Very care takes who space open preserved need subdivisions; work laws FACTORS CONTRIBUTING TO SUCCESS support; Citizen farmg support strong community; comprehensive planng dem; High strong constituency; put; good voluntary Integration efts zong preservation or strong ols; commitments; support farmer support; Public effective cost method preservation; donations; private partnership approaches l; preservg from free trusts value makg judgements Active participation; nature mary ordances most (strength allows program); developers return owners controllg while FACTORS IMPEDING SUCCESS eugh Lack education; fancial constrats; over complats zong down who from farmers ir keep wish open options Fundg limitations; education; all willgness make groups sacrifices support Technical farmers; mation at education outset Fancial constrats workg fundg varied sources; l creasg need values; more awareness/education wnship Need need encement; compatible have ordance; zong dividg people just l ir ordance bee passes OF SUMMARY STRENGTHS/ WEAKNESSES Voter farmer specifcally support fancial ; constrats PDRs obtag community Strong money support; constrats Strong a is support; permanent lays solution; groundwork participation or support; Public staff; skilled ethic partnership Compromise return between ; controllg itial high planng engeerg developers

3 19 Managg Change * BGSU / UT DEED RESTRICTIONS AX PROGRAMS T H GROWT MANAGEMENT ONCURRENCY C N URBA GROWTH BOUNDARIES TOOL natural Preserve while features options providg owners property farmg Help provide dustry; relief fancial farmers Help dustry; encourage urbanized already preserve areas; areas natural that sure Make can new facilities fanced; be comply laws; management ensure occur services simultaneously Guide ; sprawl; conta high keep urban densities prevent areas; from cities ger growg OBJECTIVES or grants, State ( direct fundg) need issues; Bond funds general funds; County federeal sales fundg; issues; bond taxes; donations Generally, fundg special except needed planng itial (funded process by cases monies) federal or Generally fundg additional needed; fundg itial process planng FUNDING SOURCES significant ot N o n small; Very additional generally Not significant Usually given estimate specific No given estimates ADMIN COSTS planng Local agencies Mostly ; at admistered level oversight County control cities by (varies wnships ) by cities Individual ten, oversight eir Generally or admistration city/wnship admistration oversight JURISDICTION ADMINISTERING significant No impacts by assessed Not jurisdictions Generally studied; fewer tuitively frastructure afdable ; still housg available direct Usually estimates; housg that argue are l but risg, directly attributable concurrency Generally study much this; on done been lower frastructure (hypotically, but quantified); l on effects vary values on dependg acreage available area ECONOMIC IMPACTS impacts small nly O p kee helped Has contaed keep helped Has contaed; core a preserved basis l changes Usually pattern directly attributable concurrency; used times direct keepg at Success new urban centered varied; areas jurisdictions many soon o it's say impacts se see LAND USE IMPACTS one N e on N e on few; Very suit rezong issues major o N s boundarie Where encable, are been have over disputes drawg boundaries ISSUES LEGAL Little admistrative provides ; centives is owners; property way stable a natural protect features support Strong from farmers; fancial provides farmers relief support; Public lack pressure areas; participation wnships; tegration used ols jurisdiction efts Concurrency from flow naturally wide management requirements; counties makes accountable; agree people prciple it are UGBs consistent or ols; management citizen good volvement strong ; wide laws management cases) ( FACTORS CONTRIBUTING TO SUCCESS voluntary, If jurisdiction over control less are areas which be can targeted; ( temporary have easements date) expiration Sometimes eugh large keep centive much o farmg; participation education; Public values; l risg support technical farmers want Individuals exceptions rules; concurrency over battles taxes; property community about concerned charges conflicts Some cities between regardg drawg lack boundaries; expertise; need impacts (eg. analysis more transportation) FACTORS IMPEDING SUCCESS a Provides significant centive resources, protect used be should widely more farmers Helps o fancially; much can participation base tax weaken Strong support; l creasg values; issues education wide Strong backg concurrency jurisdictions works surveyed; or well ols; management over concern new facilities regional Strong governments UGB backg good ; citizen need volvement; rural stronger policies jurisdictions; terest competg cities between counties OF SUMMARY STRENGTHS/ WEAKNESSES

4 LAND TRUSTS... Private l trusts are becomg creasgly common around country, provide a means permanently preservg l as open space or agriculture. L trusts can be defed as a n-prit grassroots conservation organization directly volved protectg natural, recreational, scenic,, hisric, or cultural property. Over half l trusts country are completely volunteer, sixty percent buy ls conservation. Many or l trusts manage l owned by ors, advise l owners on how preserve ir l, or help negotiate conservation transactions which y play or role. Some l trusts clude Black Swamp Conservancy (Perrysburg, OH); The Nature Conservancy (Swann/Columbus, OH); American Farml Trust (Columbus, OH/ Washgn, DC); Powami L Trust, MI; SE Michigan L Conservancy; Little Traverse Nature Conservancy; Mae Coast Heritage Trust; Vermont L Trust. CLUSTER DEVELOPMENT... Cluster ordances, ten cluded zong ordances a municipality, are a way allow occur but a manner which leaves large blocks open space or farml. More specifically, cluster s concentrate buildgs specific areas on site allow remag l be used as open space or or preservation purposes. Planned unit s are a common example a clustered-type. Cluster ten provides a municipality more flexibility regardg regulary controls, preservg environmentally sensitive areas a site while concentratg on most suitable l. Places where cluster ordances are effect clude Livgsn County, MI; Calvert County, MD; Claliam County, WA; Routt County, CO; Isle White County, VA. DEED RESTRICTIONS... A less common method preservg open space natural features is requirement deed restrictions. Deed restrictions can be required new s, or negotiated current l owners. Such restrictions clude prohibitg certa activities which may harm environmentally sensitive areas on property. A commonly cited advantage this technique is that restriction travels deed, does expire a change l owner. Places where deed restrictions are used clude Superior Township, MI Town Pennfield, NY. TAX PROGRAMS... The most common tax promote agriculture are those that attempt give farmers a tax centive by lowerg assessed value farm property. Current use valuation is a common method, which tax assessments are based on l s current use rar than potential. In exchange, farmer must keep l as agriculture; penalties are ten assessed when a property is converted ar use. These provide farmers options sellg f l developers. Michigan currently such a program, titled Public Act 116, where exchange voluntarily signg an agreement build houses on l 10 years or longer, a lowner is eligible a tax credit. Places where tax credit are effect clude Kg County, WA; Suffolk County, NY; Dane County, WI; York County, PA. CONCURRENCY... Concurrency compares availability adequacy service provision timg amount l use dem. A concurrency policy essentially requires that facilities will be available concurrently, eir through government s capital improvements program or by private secr, through develop- 20 Managg Change * BGSU / UT

5 ment permit negotiation exaction. The objective concurrency adequate facilities requirements is ensure that localities do cur large frastructure debits as y grow. Rar, y must pay as y grow necessary support facilities. Places where concurrency requirements are effect clude State Oregon; Tallasee, FL; Orange County, FL; Spokane, WA. URBAN GROWTH BOUNDARIES... An urban boundary is fundamentally defed as a le on a map used mark separation rural l from l on which should be concentrated. This concept is times compared greenbelts created Engl centuries ago separate cities. Goals se boundaries are also varied, but generally center around protectg open ls, contag urban sprawl, provide an orderly efficient transition from rural urban uses. Most s where urban boundaries occur have sort wide or regional management requirements. Cooperation between adjacent cities, counties, wnships is a crucial facr successful establishment encement se boundaries. Places where urban boundaries are implemented clude State Oregon; Lancaster County, PA; Washgn County, MN; Soma County, CA; Rapho Township, PA; Spokane, WA. COMPREHENSIVE PLANNING... SALE OF LAND... SPECIAL DESIGNATION... CAPITAL IMPROVEMENT PROGRAMMING (CIP)... DEVELOPMENT PHASING OR TIMING... IMPACT FEES / EXACTIONS... MORATORIUM... In Ohio, comprehensive plans are legally bdg; y are simply advisory. However, ir importance can be overd ir role volve citizens planng process prevent zong codes from beg declared arbitrary capricious by courts. The consistency zong a comprehensive plan shows that zong scheme was thought out degree. a n-prit conservation organization or government agency at less than market value gets lowner a tax deduction a below-cost sale. Some are available protect exceptional natural cultural sites: Ohio Hisric Preservation Office Ohio Department Natural Resources, Division Natural Areas Preserves: Ohio Natural Areas Program; Ohio Scenic Rivers Program National Park Service: National Heritage Corridor Program; National Hisric Lmark (NHL) Program; National Register Hisric Places Local government special districts adopt schedules budgetary expenditures planned frastructure improvements, cludg sources funds, usually 6 years. It is a guide when where improvements will be made, consequently where is encouraged. Pace through a combation spendg permittg techniques, such as CIP moririums. Fees may be imposed or developers required provide facilities related ir as a condition approval. Temporary limits, usually by sppg furr issuance buildg permits a specified period time. A moririum can postpone all or a certa type or a particualr location a few months or several years. Morariums are adopted allow communities address critical problems such as adequate facilities or general policies. Managg Change * BGSU / UT 21

6 CONSERVATION EASEMENT... LIMITED DEVELOPMENT... DONATION... AGRICULTURAL DISTRICT... SUBDIVISION REGULATIONS... AGRICULTURAL SECURITY AREAS... CONSERVATION DESIGN STANDARDS... INFILL... TRADITIONAL NEIGHBORHOOD DEVELOPMENT... REGIONAL TAX BASE SHARING... A legal agreement describg restrictions on use l. The easement is attached deed runs l wher l is sold or passes on through heritance period time specified easement agreement. The lowner still owns l can tailor easement agreement his specific wishes, but generally will restrict type amount allowed on property. The appraised value rights may be eligible as a deduction federal come tax purposes. Environmental organizations may acquire l protection sell a small portion property fance acquisition. The gift l a conservation organization. Allows qualifyg farmers relief from nuisance complats defer utility assessments if farmg is contued on l. These stards provide control over subdivisions l lots sale. Approval detailed plans that specify size shape lots, design construction streets, water sewer les, or facilities, protection environmental features must be acquired prior recordg sale developed lots. In Ohio, lot splits greater than 5 acres are considered subdivisions, as such are subject local regulations. See page 31 consequences this defition. A voluntary agreement encompassg a mimum amount contiguous l (250 acres, example) by one or more lowners statg l would be developed a period years, except family member residences. Often accompanied by tax centives times required participation a purce or transfer rights program. Regulations which protect certa natural or visual characteristics a community. The community control look can target specific aspects preserve or highlight. Generally, design stards consist a range options be followed design a buildg or. Broadly, y are tended serve as a means obtag or matag a particular style or character. Design stards are especially useful areas where compatibility surroundg is important (such as fill), sitg areas special environmental quality. The practice directg more ward existg developed areas, where vacant or underused sites can be redeveloped. Interchangably kwn as neo-traditional planng, new urbanism, or transit-oriented. It advocates more compact, human-scale, sustaable. This concept empizes neighborhoods, wn centers, mixg l uses, transit, pedestrian access shops, schools recreation curb sprawl, avoid au-dependence, save on energy transportation, improve air quality. The 3Ds - design, density, diversity - are major components traditional neighborhood. Can serve as a means reduce competition among local jurisdictions tax-generatg, used prevent large tax base differences among jurisdictions, promote more rational decisions on policy. Currently implemented only Mnesota Virgia, tax base sharg places a percentage new taxes a general fund, which is n shared throughout region. In twenty years, Mnesota s program resulted nearly one-third Tw Cities new commercial dustrial tax revenues beg shared among 188 communities. Only 31 contributed more than y received, disparity between community tax bases was 4:1, considerably less than 22:1 out tax sharg. 22 Managg Change * BGSU / UT

7 IN OTHER STATES MICHIGAN In Washtenaw County, Michigan, planng commission staff developed a Summary Matrix Preservation Tools glossary which make it easy compare various l use preservation ols on a number issues (see pages 17-21). Thanks are extended Terry Brkman, Senior Planner Washtenaw County Metropolitan Planng Commission, his participation cooperation assemblg mation this document. Additional copies ir report can be obtaed by contactg Terry at 110 N 4th Avenue, PO Box 8645, Ann Arbor, MI , (734) or Usg this or research on -specific trends, a task ce on ls open space developed a set goals (see page 34 a summary). Town Fds Rare Way Protect Farms: Tax, Keith Schneider, New York Times, September 11, Voters Pensula Township Michigan, which overlooks Gr Traverse Bay, approved a property tax crease pay fers buy rights from farmers. Farmers will still own l farm it, but will be sellg it. MARYLAND NEW YORK OTHERS Rural Legacy Program In Maryl, this program directs funds a focused dedicated l preservation program specifically designed limit adverse effects sprawl on ls natural resources. The program will purce conservation easements large contiguous tracts, est, natural areas subject pressure, fee terests open space where access use is needed. Local governments private l trusts will be encouraged identify Rural Legacy Areas competitively apply funds complement existg l conservation efts or create new ones. ( Maryl adopted a Smart Growth Initiative. New York State one most comprehensive farml preservation country. Started 1960s, wide policy provides a combation policies cludg followg: districts, impact ments, limits on vestment n-farm, circuit breakers (tax credits), differential assessment (CAUV), purce rights/conservation easements, restrictive agreements, right--farm (nuisance) laws, limits on special assessments, limits on use ement doma, protection agast unreasonable local regulations, transfer rights, e tax. Growth management laws are begng be implemented across nation. The summary startg on page 24 is excerpted from a summary prepared by The Brookgs Institution Center on Urban Metropolitan Policy, May 28, 1997 that describes management activities several s. This document can be read its entirety is periodically updated on Brookgs Institution web site ( Managg Change * BGSU / UT 23

8 Highlights State Efts Towards Growth Management - Excerpts The report was prepared by Matt Lambert Brookgs Institution s Center Urban Metropolitan Policy ( es/urbancen/.htm). Please provide comments directly mlambert@brook.edu. OVERVIEW In recent years, an creasg number States have itiated efts curb sprawl promote smart. The States are respondg domant pattern explosive on outer periphery metropolitan areas matched by decle abonment central cities older suburbs. The smart itiatives are designed preserve farml open space steer frastructure vestment private established communities. This report chronicles various State efts underway. It is tended be a work--progress, providg up--date mation on latest State actions curb sprawl promote smart. CALIFORNIA Goverr Wilson s Growth Management Council was created 1991 study options controlled revitalization Calinia s populated areas farml. The Bank America published a report, Beyond Sprawl: New Patterns Growth Fit New Calinia, conjunction a diverse coalition groups last year that highlighted cost sprawl busess community life Calinia. The report advocated followg goals: clear decision makg on where should or should occur; more efficient use already developed l (stressg housg job creation); establishment a legal procedural framework ecomic vestment; buildg a diverse sprawl-control coalition. Calinia a strong localized grassroots eft underway sp sprawl Around State s many urban centers. The movement is made up an unlikely coalition players that clude environmentalists, planners, architects, academics even busesses. The State is slowly movg wards long-range sustaable concepts. COLORADO Smart Growth was itiated Colorado September 1994 when Goverr Romer troduced ne-step community based Statewide Smart Growth Development Initiative. This ongog itiative been strengned contues encourage creative solutions -related problems that are affectg State, while attemptg preserve special character Colorado. As part Initiative, Goverr appoted a council on Smart Growth suggest plausible policy options improve l-use, management environmental planng State. This newly med council date made 74 suggestions that clude: enhancg quality place; coordatg planng provision services expansion opportunities (such as better housg, jobs education choices). A number laws have passed based on council s recommendations that clude makg transportation fundg more flexible changg structure State L Board. The goverr also created an annual Smart Growth award program that rewards groups communities that have made progress creatg sustaable plans. Goverr Romer convened two highly summit meetgs on Smart Growth Development durg first two years itiative. Both ums had an attendance more than 1,000 participants cludg local elected ficials, environmentalists, developers, planners, busess leaders, dustry agriculture groups or terested citizens. The goal ums been combe expert citizen put chartg a -driven course practical solutions -related problems. 24 Managg Change * BGSU / UT

9 COLORADO (contued) DELAWARE Colorado is on cuttg edge developg Smart Growth policies that seek preserve community protect undeveloped ls. The Goverr is a key advocate management strategies, while also beg sensitive dems property rights advocates. The Goverr s Growth Initiative remas its early stages, but already set a strong framework future State planng policy Colorado. The Initiative is seeg maturation furr community-based, coordated efficient strategies. With creation Taskces on Agriculture; Ecomic Vitality/ Afdable Housg; L Use Governance; Natural Resources Environment; Sustaable Communities Transportation/ Air Quality, Smart Growth Colorado is one most comprehensive itiatives nation. Led by Goverr Tom Carper, Cabet Committee on State Planng Issues (CCSPI) began, 1994, a process wards buildg sustaable Delaware. CCSPI sponsored a conference, issued a report called Shapg Delaware s Future identified benefits coordatg. In short, CCSPI calls : slowg loss community decle older urban areas; providg access educational opportunities health care all Delawareans; promotg mobility people goods through a balanced multi-modal transportation system; addressg contued separation city suburbs; sppg loss productive farml; curbg adverse effects on natural resources. The report, released 1995, outled 10 steps reach se sustaable goals accommodate anticipated population (crease over 180,000 people next two decades). The Shapg Delaware s Future Act, a major adaptation Delaware s planng structure that stemmed from goals 1994 report, was signed law July It currently requires Delaware s three counties produce comprehensive l use plans that meet goals State wide. All three counties have sce adopted plans that attempt steer existg frastructure, preserve farml streamle long term municipal support. The Act was amended 1996 create a State coordatg agency which w reviews oversees major rezong conditional use proposals. Delaware understs significance managg its placed urban decle loss community a centerpiece ir thkg. This small State, which an enviable mix farml moderate size urban areas, been growg rapidly until recently out a long term vision place. Accordg Office State Planng Coordation, Delaware could see 50,000 additional acres open area comg years that an creased burden on roads, schools or service delivery systems. Jeffery W. Bullock, Goverr s Chief Staff said, You can say we ve only got job half or three-fourths done,- or you can say that we ve come less than a year from tal stalemate takg very important strides. FLORIDA The Florida State Regional Planng Act 1984 led adoption a Statewide concurrence planng system The Florida Statewide concurrence system s that new construction can take place unless frastructure sustag new construction exists (roads, sewers utilities are already place bee construction ). Under this plan, State eleven planng regions must m management plans localities must m plans that conm a larger region s regulations. Florida courts, where challenges can be brought, have thus far been receptive upholdg government attempts compliance, although few cases have been brought bee m. Managg Change * BGSU / UT 25

10 FLORIDA (contued) The Preservation 2000 program provides State monies acquisition environmentally sensitive ls by groups organizations that wish mata natural resources environment. A portion program sets aside funds a Community Trust Program that funds local projects designed save undeveloped l areas. Accordg many, program may face budget reductions or transfer money or. Goverr Lawn Chiles claims that Florida s population grown by 96% tal number registered vehicles creased by 166% over last two decades. If transportation road use levels were reduced by half future, just matag current road conditions traffic congestion over next 20 years would require $26.3 billion revenue. A 1989 study State Florida showed that per dwellg unit are 30% lower planned than trend, a difference $5,540 per unit. GEORGIA MARYLAND The Georgia Planng Act 1989 is a practical first step creatg a coordated Statewide system management. The law s prcipal power is ability provide grants or funds local regional governments that produce a comprehensive plan accordance State regional specifications. Although only encouraged participate after adoptg a set basic Mimum State Planng Stards, by 1992, 151 local governments were seekg qualifications be cluded as complyg Act. The plan is a key first step coordatg ecomic physical a State that is experiencg substantial. N/A Georgia is largest State l mass east Mississippi River have implemented a management plan at a State-wide level. Atlanta is one least densely populated major cities nation yet seen much population ecomic 1990 s. Growth management is key ecomic coordation equity Atlanta region. The State Maryl passed Smart Growth Neighborhood Conservation Act April 1997, a model approach managg preservg urban communities farml. In short, law: establishes Priority Fundg Areas which tie fiscal accountability responsible planng targeted areas. The law encourages more efficient use existg planned frastructure preserve neighborhoods protect natural resource areas. Transportation facilities, accessible jobs readily available ecomic opportunities are encouraged through directed spendg. New housg State facilities are directed targeted areas. Priority areas clude all municipalities, ner beltway areas, enterprise zones, dustrial areas new planned areas water/ sewer 3.5 units per acre density; facilitates cleanup Brownfields by providg legal, regulary fancial centives encourage re aboned or under-used commercial or dustrial property; limits adverse impacts sprawl on ls by creatg a Rural Legacy/ Greenbelt Program that uses open spaces funds preserve l. The fund assists local governments local l trusts efts purce real property protection. $140 million over five years will save an estimated 90,000 acres farms, est open space; encourages targeted job creation ecomic. The law establishes a Job Creation Tax Credit Program which will provide a 2.5% tax benefit busesses that create 25 or more new full time jobs, or a 5% credit employers who create such jobs designated revitalization areas; promotes short efficient commutes work by creatg Live Near Your Work Program. The pilot program provides a mimum $3,000 cash grant families that purce homes targeted neighborhoods (older urban neighborhoods) near ir place employment. 26 Managg Change * BGSU / UT

11 MARYLAND (contued) Goverr Glendeng writes: Based on current trends, past six months approximately 5,000 people have left Baltimore city; 3,000 septic permits have been issued; nearly 10,000 acres ests farmls have been lost... Our proposal is a or even a slow proposal. It is a smart proposal. It builds on Growth Act passed by assembly Local jurisdictions have authority planng zong- as y should. Counties may direct where it makes most sense m. The, however, will only fund projects smart areas. The Smart Growth Act takes effect on Ocber 1st MINNESOTA NEW JERSEY Managg Change * BGSU / UT STATE: A lmark bill passed Mnesota Legislature this May that provides pioneerg communities creased opportunities plan future asks State provide greater guidance local regional planng. The bill is currently under review by Goverr Arne Carlson. This progressive first step bill stresses a number coordated sustaable goals that clude: coordated sustaable ecomic strategies; protection natural resources; creation livable neighborhoods; coordated efficient housg, transportation education systems. This legislation moves wards a comprehensive system l use planng that slows effects sprawl manages a new way that stressg volvement planng process. TWIN CITIES METROPOLITAN AREA: With backg State Senar Myron Orfield, Mnesota Legislature approved this May a bill that mates election Metropolitan Council. The bill was veed by The Council, which oversees primarily transportation, sewer air quality planng Tw Cities region, would be second major regionally elected body nation, much like Metro Portl, Oregon. The Metropolitan Council currently broad powers creatg regional plans metropolitan area. The budget that this body oversees grown over $600 million durg past few years. The Council however cedes its power local government jurisdiction event a conflict zong ordance. In 1996, Council provided State legislature a report that described three options Tw Cities: stayg current trends estimated pursug alternate management plans. Accordg Council, movg beyond status quo will help reduce long term fiscal expenses. State Senar Myron Orfield waged an ongog campaign pass Mnesota Fair Share Housg bill. The Livable Communities Act was passed 1995 as a first step providg housg access poor moderate come families. This law encourages Mnesota communities use develop a small percentage ir housg sck low moderate come housg an attempt stabilize ner suburban communities. In return, participatg wnships Metropolitan region are eligible State improvement funds, w equalg about $6.5 million annually. The combation legislation that State already passed makes Mnesota s revenue policy one strongest nation. The State is committed managg future population creasg quality life its citizens. Much control is given local municipalities communities, yet result is a coordated always improvg long term view how should be most beneficial efficient future health all communities. Mnesota made great strides needs contue work that been started a sustaable future. The State New Jersey ok a giant step coordatg -wide planng adoption Development Re Plan 1992 by State Planng Commission. The goal plan, which stems from 1986 State Planng Act, is guide future private ward compact l ms that efficiently use existg frastructure while stayg capacities environ- 27

12 NEW JERSEY (contued) mental natural resources. The planng goals, usg a seven tier system, clude: revitalization urban centers; conservation natural resources; freedom local planng consistent regional wide goals. The plan identifies more than 600 centers population that provide services a surroundg area, askg each area draw community boundaries which services will be provided. While this is a wide plan, three areas State which have strong regional plans place are exempted (Pels, CAFRA Hackensack Meadowls). The New Jersey Fair Housg requires every New Jersey municipality provide a fair share region s present prospective future low moderate come housg needs. The program aims exp opportunities, stabilize communities reduce centives furr suburban sprawl. A core component New Jersey s planng itiative is The Urban Enterprise Zone Authority which provides qualified busesses designated zones: (1) abatements on employer s unemployment surance; (2) exemptions from net worth tax imposed by Corporation Busess Tax; (3) employee tax credits $500 $1500 per new employee; (4) a 50 percent sales tax reduction purcg goods produced primarily zone. New Jersey is movg from one most fragmented plans one most coordated nation. The New Jersey State Development Re plan cludes a common guide all levels government an eft better coordate transportation spendg delivery or Federal State monies. The plan will save millions dollars. By cg efficiency usg excess operatg capacity, plan is estimated save $112 million annual operatg municipalities $286 million school districts. NEW MEXICO A strong Statewide subdivision law passed 1995, markg a first step wards planng New Mexico. This law requires planng resource identification develop able ls prior creation subdivisions that are located outside corporated areas. The State report estimates that New Mexico s population will crease by 650,000 next twenty years. The most volved group New Mexico advocatg smart legislation been a Thous Friends New Mexico. With recent population anticipated future, New Mexico begun seriously thk about how best provide services, develop urban areas protect resources. OREGON In 1991, Oregon creates Transportation-Growth Management Program (TGM) lk transportation spendg l use planng. The program lks State Department Conservation Development State Department Transportation provide local jurisdictions means management planng, cludg fundg technical assistance, most which is provided by ISTEA. The TGM program provides coordated transportation l use spendg that encompasses preservg environment community, a community based approach, efficient management. In 1991, Metropolitan Portl implemented The Transportation Planng Rule encourage greater use transportation. The Planng Rule requires metropolitan Portl region reduce Vehicle Miles Traveled per-capita by 20% over next 30 years reduce parkg spaces by 10 percent over next 20 years. The plan encourages transportation mixed-use higher densities region. At a regional level, Portl Metropolitan Area adopted Regional Growth Concept 1994 promote compact transportation, which encour- 28 Managg Change * BGSU / UT

13 OREGON (contued) RHODE ISLAND ages creased walkg, bicyclg, transit use. More than 40% commuters Downwn Portl s commuters use transit get work; more than most major U.S. cities. The Portl Metro Council, established over twenty years ago, is a ly elected regional government that serves 1.3 million people. Metro provides a range services that cross traditional boundaries 24 city 3 region. Its primary task is manage region. Oregon matas a strong Statewide management plan that efficiently coordates, transportation, housg,, urban preservation planng. The system been place Oregon sce It remas most structured most examed policy nation creatg an urban- boundary that spans Portl region as well as States s 240 or cities. The boundaries encompass a metropolitan region extend clude expected, population expected housg needs immediate 20 year period. No frastructure expansion an urbanized area such as sewer systems may be developed major road construction is discouraged outside a boundary. However, limit can be altered Portl region s le been moderated a number times sce its creation. Rhode Isl adopted Comprehensive Planng L Use Regulation Act 1988, signalg a massive redefition State-wide planng goals. The plan conms local planng goals regional planng goals. The goals clude: protection open space, natural resources, recreational, cultural, hisric resources, afdable housg, ecomic. A State board appeals is charge decidg conmity local plans Statewide goals adoptg plans that are consistent each or. Rhode Isl developed a system community-based l-use planng that receives guidance from a State Planng Board a State Plan. The system provides localities options power put developg ir own l-use strategies while guaranteeg conmity conversation on sustaable. VERMONT In 1988 after a series heargs focus groups, Vermont adopted Act 200-Growth Management Act, establishg a multi-tiered system planng community preservation. The plan, still active day, cludes 12 substantive planng goals (down from an origal 32 goals) which each level government must conm. Localities must develop local plans are encouraged but are mated conm goals origal act. Local governments are subject review by a Regional Planng Commission (RPC) fd benefit accommodatg Act 200 s goals such matters as ability a locality charge impact fees. The Act been altered a number times durg last few years, but remas largely similar origal legislation. Vermont struggled mata its rural small wn heritage while keepg a healthy level ecomic support its residents. The State begun develop strategies that encompass both se goals, out addressg m as mutually exclusive. The State s new downwn plan looks mata improve health current downwn areas, while protectg scenic rural areas farml free from sprawl. WASHINGTON Adopted , Growth Management Act is built on a botm-up Washgn-wide strategy which provides strong support local communities. The State agency provides fundg, technical assistance encourages sustaable at a local level throughout State. The centerpiece legislation is requirement that all counties urban problems (those populations greater that 50,000, or a percent rate) must compile a comprehensive plan which meets mary elements : Managg Change * BGSU / UT 29

14 WASHINGTON (contued) l use, housg; capital facilities, utilities; rural ls; transportation. Also counties will designate urban areas where will be allowed. County compliance provisions allows m become eligible fundg projects. Washgn s policies regardg smart look strikgly similar State Oregon policy Growth Boundary management community-based coordated planng. This area Pacific Northwest experienced great population recently expects see much more comg years. Growth combed proximity Oregon case study most likely been key facrs behd a rapid move smart policies State Washgn. The State looks achieve: efficient use resources, revitalization cities, protection farmls susta current quality life. LINKS Some Web Sites - Worth Takg A Look There is a wealth mation about farml preservation smart on Internet. The followg are a few sites launch you cyberspace. The edirs accept responsibility amount time consumed while explorg se sites... AMERICAN FARMLAND TRUST AMERICAN PLANNING ASSOCIA- TION GROWING SMART PROJECT grosmar/gsdex.html CENTER FOR NEIGHBORHOOD TECHNOLOGY CONGRESS FOR THE NEW UR- BANISM ISLAND PRESS LINCOLN INSTITUTE OF LAND POLICY MARYLAND OFFICE OF PLAN- NING METRO PORTLAND, OR OREGON LAND USE PLANNING (DLCD) PAIRC PLANNING AND ARCHI- TECTURE INTERNET RESOURCE CENTER PLANNERS WEB SPRAWL RESOURCE GUIDE sprawl.html SMART GROWTH NETWORK STATUS OF OHIO BILLS (HB 645 Farml Preservation located at CapilHill/Lobby/farm.html) SUSTAINABLE COMMUNITIES NETWORK THE BROOKINGS INSTITUTION CENTER ON URBAN AND METRO- POLITAN POLICY urban_hp.htm THE URBAN LAND INSTITUTE Happy surfg! 30 Managg Change * BGSU / UT