Position Paper on Open Space and Farm Land Preservation/Protection

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ISSUE: Expand state funding to $40 million annually for the acquisition and preservation of open space in the Commonwealth. Open space of particular concern to the VASWCD includes farmland, watersheds and forestland.

WHY IMPORTANT: Recent growth in the Commonwealth has reached a point where farmland is now being converted at an unprecedented rate. The Piedmont region, including Virginia, has been identified as the second most threatened farmland region in the United States. Recent national data indicates that the rate of conversion of farmland in Virginia has more than doubled to over 93,000 acres per year from 1992 to 1997. In addition, the Commonwealth lost an average of 26,000 acres of forestland to development annually between 1977 and 1992. This rate of development significantly increases the amount of sediment flowing into Virginia waterways decreasing flow capacity in drainage ways, taking up storage volumes in reservoirs and ruining spawning grounds for marine life.

RATIONALE: The development of suburban land in Virginia has greatly expanded since 1970 as people moved further away from the cities; and the suburban areas themselves became employment centers. Development has brought with it the infrastructure requirements associated with communities such as more schools; new highways, roads, and transit systems; and sewer connections. This in turn, is consuming more natural habitats, forestland, open space and farm land and destroying scenic landscapes and recreational resources as the cycle repeats itself.

There has been growing public pressure throughout Virginia to develop programs to preserve open space either by purchase, providing expanded incentives to property owners to donate land or by the acquisition of conservation and other similar types of easements.

Preserving open space and low density land use options such as farming, provides Virginia with low-cost, low maintenance approaches for meeting water quality management challenges facing Virginia waterways and the Chesapeake Bay while also promoting a more diversified economy.

Soil erosion rates on construction sites generally range from 10 to 100 tons/acre/ year and more. By way of comparison, this rate is as much as 100 times greater per acre than erosion rates on agricultural land and perhaps 2,000 times greater than erosion rates from undisturbed forestland.

Farming has been and continues to be a vital component of Virginia’s economy, both economically and environmentally. Farmers generate $19.5 billion in agricultural production for the Commonwealth. Farms also provide employment for 235,000 people

In Virginia, open space has traditionally been preserved through governmental actions including zoning, ordinance regulation and fee simple acquisition and through voluntary private donations and acquisition of interests in land by private non-profit organizations. Governmental action regarding land use is traditionally reserved to localities. Voluntary land conservation efforts are being undertaken by national, state and local non-profit organizations. This approach is no longer able to meet open space preservation needs.

Virginia's Open Space Preservation Act, the Open Space Land Act and the Virginia Land Conservation Foundation laws currently in the Virginia Code provide the legal basis for acquiring and preserving open space in the Commonwealth.

In 1999, the General Assembly reconstituted the Virginia Conservation Recreation Foundation as the Virginia Land Conservation Foundation, funded with a $1.75 million appropriation for 2000. In each of fiscal years 2001 and 2002, the Foundation will have $6.2 million, plus $3.4 million in the first year to protect four civil war battlefields. The Foundation, operating under the direction of the Secretary of Natural Resources has authority to expend funds for farmland, forests, historic sites, natural areas, parks and open space.

Virginia’s land conservation needs far exceed the Foundation’s current funding levels. Purchasing development rights on just 2% of the state's farmland would cost about $100 million (assuming a price of 30% of the land's fair market value). The acquisition of 92,000 acres in state forests, as recommended by the Virginia Department of Forestry, would cost $87.2 million. The cost of purchasing the top 30 of the 425 globally significant conservation sites identified by the state Natural Heritage Program is nearly $20 million. Protecting Virginia’s Revolutionary and Civil War battlefields will likely cost more than one billion dollars.

Recently passed and pending Federal legislation offers other sources of funding for open space acquisition in Virginia but in most cases, requires matching funds from the Commonwealth to leverage and receive the funds.

LEGISLATIVE ACTION PENDING: In its last session, the House of Delegates voted 94 - 5 in favor of House Bill 1167 (2000). This bill was carried over to the 2001 Session by the Senate Finance Committee. HB 1167 requires that up to $40 million of the state's share of the recordation tax be allocated to the Virginia Land Conservation Foundation for the acquisition and preservation of open space.

There is opposition within the Finance Committee to the concept of a dedicated funding source for any reason, regardless of purpose. Senator Chichester, the Chairman, is supportive of open space preservation efforts but does not favor dedicating a source of revenue for any one purpose. General Assembly members need to be asked to support passage of HB 1167 or comparable legislation during the next session of the General Assembly.

VASWCD POINT OF CONTACT: Greg Evans, Northern Virginia Soil & Water Conservation District, (703) 644-1227.

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Virginia Association of Soil & Water Conservation Districts
7308 Hanover Green Drive, Suite 100
Mechanicsville, Virginia 23111
Office - (804) 559-0324
Fax - (804) 559-0325
2003.  All rights reserved.