Land Conservation Tools

Fact Sheet #2

The Land Protection Toolbox

Communities that are concerned with the long-term impacts of development pressures on their farmland and natural areas can examine a number of options.  While each of these tools can play a valuable role in maintaining a critical 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 Corridor Collaborative can help individual communities in Chisago and Washington counties as they examine the toolbox.  We can provide technical assistance and references to other communities who have successfully applied these tools.

Donated Conservation Easements are voluntary legal agreements between a landowner and a land trust or local government agency that allow landowners to permanently limit or prohibit development on their property. Conservation easements run with the title so that all future owners of the land are bound by the original agreement.

Purchased Development Rights (PDR) are voluntary legal agreements that allow owners of land meeting certain criteria to sell the right to develop their property to local government agencies, state government, or to a nonprofit organization.  A conservation easement is then placed on the land.  This agreement is recorded on the title to permanently limit the future use of the land to agriculture, forestry, or other open space uses.

Transferred Development Rights (TDR) are enabled by local ordinances that create sending areas, or preservation areas, and receiving areas where communities encourage additional growth and development.  Landowners in the sending area receive development right credits which they can sell in exchange for not developing their land.  Real estate developers, speculators, or the local unit of government can then purchase the development right credits and use them to increase existing or planned densities in receiving areas

Land Acquisition – is used in select cases when willing landowners want to conserve their land by selling or donating it outright to a public agency or land conservation organization.  This mechanism allows the public agency to have full control over a property's future.

Land Protection Toolbox	Pro	Con
Donated Conservation Easements	• Permanently protects land from development pressures. • Landowners may receive income, estate, and property tax benefits. • No or low cost to local unit of government. • Land remains in private ownership and on the tax rolls.	• Tax incentives may not provide enough compensation for many landowners • Little local government control over which areas are protected.
Purchase of Development Rights	• Permanently protects land from development pressures. • 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.	• Can be costly for local unit of government.
Transfer of Development Rights	• Permanently protects land from development pressures. • Landowner is paid to protect their land. • Landowners may receive estaate and property tax benefits. • Local government can target locations effectively. • Low cost to local unit of government. • Utilizes free market mechanisms. • Land remains in private ownership and on the tax roles.	• Can be complex to manage • Receiving area must be willing to accept higher densities. • Most successful programs typically require a strong real estate market.

Comprehensive Land Use Planning – Each of these land protection tools has pros and cons which must be weighed by the local unit of government.  To most effectively utilize a combination of these tools, the local unit of government should develop a new comprehensive land use plan, or amend an existing plan, to ascertain its unique 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 carry out the goals of the comprehensive plan.

The Green Corridor Project is dedicated to helping Washington and Chisago County residents keep the beautiful countryside, farmland, and special natural areas that make this a great place to live.  The project is an independent network of the seven local public and private organizations listed on the front of this sheet.  For more information, call the Land Stewardship Project or any of the project collaborators.

Fact Sheets in This Series
#1 – The Green Corridor Project…Keeping Open Spaces for Tomorrow
#2 – The Land Protection Toolbox
#3 – Donated Conservation Easements
#4 – Purchase of Development Rights
#5 – Transfer of Development Rights
#6 – Land Acquisition
#7 – Financing Open Space Protection