4.4. SR 11-08-2004
Item # 4.4.
MEMORANDUM
TO:
FROM:
Mayor and City Council
Michele MCPherso~ector of Planning
DATE:
November 8, 2004
SUBJECT:
Discussion on Natural Resource Inventory Reports/Project
Attached please find the recommendation section from the Natural Resources Inventory
Draft Report prepared by Bonestroo & Associates. Paul Bockenstedt and Liza Gould from
Bonestroo & Associates will be present at the worksession to provide a brief overview of the
report contents and to review the recommendations.
If there are any concerns with the recommendations, the City Council should direct the
consultant to remove them from the final report.
S:\PLANNING\Michele McPherson\PARKNREC\Natural Resources Inventory\11 0404 CC memo.doc
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Recommendations
Conceptual Greenways/Open Space Corridors
For the purpose of this report, a greenway is defined as "privately or publicly owned
corridors of open space which often follow natural land or water features and which
are primarily managed to protect and enhance natural resources". However,
greenways can, and often do incorporate active or passive recreational trails, active
recreational spaces (such as athletic fields or golf courses), and other public open
spaces that may provide rudimentary ecological functions and values.
As a part of this project, the ecologists at Bonestroo Natural Resources developed a
series of Conceptual Greenways/Corridors shown in the large wall map included in the
back pocket of this report. These corridors were developed with the following guiding
elements, listed in rough order of priority:
. High and Moderate quality natural areas
. Semi-natural areas that occur immediately adjacent to natural areas
. Bodies of water and large wetland complexes
. Natural corridors with natural/semi-natural areas (e.g. streams, drainageways,
ridges)
. Areas that would serve as logical links between natural and semi-natural areas,
particularly those that have potential to be restored to native vegetation
The greenways/corridors shown on the following page are conceptual and broad
stroke in nature. Therefore, we encourage the city staff, along with its citizen
committees and other important stakeholders to undertake a more comprehensive
process of defining and locating potential greenways/corridors. Such a process will
allow for public input, along with technical guidance from experienced staff in the
natural resources field ensuring long-term acceptance of a final product. During a
greenway/corridor planning process, we suggest that the city consider the following
elements (as a minimum) part of more detailed greenway/corridor planning within the
city:
. Public ownership - where possible, connect large publicly owned open spaces
with natural or semi-natural vegetation within greenway corridors.
. Remnant natural areas - where high quality remnant natural areas occur, make
efforts to provide connectivity between high quality natural areas/those with
potential for hosting rare species and other natural communities.
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. Incorporate semi-natural communities into the greenway system as corridors to
connect and/or buffer the highest quality remaining natural areas within the city.
. Restore/reconstruct natural areas in places where no natural or semi-natural
areas currently occur between areas suitable for joining with greenways (i.e.
high quality natural areas)
. Incorporate water resources and large permanent wetland systems within the
corridor (directly or indirectly). Wetlands, lakes, and streams provide beneficia/
wildlife habitat and are not likely able to be developed
. Consider opportunities for recreation and pedestrian movement through the
greenway system. Co-aligning natural and recreation features should be done
in a manner that ensures no negative impacts to sensitive natural areas.
Within the City of Elk River, there are many opportunities to develop a viable
greenways system as the city grows over the next ten to twenty years.
As well, Elk River's water features provide significant wildlife habitat and opportunities
for recreation including the Mississippi River, Lake Orono, and severa/large wetland
systems. These represent another opportunity to connect and buffer higher quality
natural resources and wildlife habitat corridors within the city.
As the city begins considering more comprehensive greenway/corridor planning, there
are several outside sources of fundinglin-kind assistance that is available. One of
these is the MN DNR, who periodically offers funding for planning efforts such as this.
Information regarding the MN DNR's financial assistance programs may be found at:
http://www.dnr.state.mn.us/qrants/index.htm!.
Zoning and Subdivision Ordinance Review:
Bonestroo ecologists reviewed existing city subdivision requirements and provide
recommendations on how these can be updated.
Overview
The Natural Resources Inventory provides the City with extensive data related to the
location and quality of natural resources in the city. The City can use this information
as a basis for updating its current environmental ordinances, or for developing new
approaches for protecting and enhancing its natural resources.
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Future growth, changes in land use, and development of infrastructure can impact the
health and function of natural communities and natural systems. The City can use its
zoning and subdivision controls to avoid or minimize these impacts, and provide
incentives for developers and landowners to protect or restore natural resources.
The sections that follow offer suggestions for integrating the Natural Resources
Inventory information into the City's zoning and subdivision controls so that the value
of these resources is protected for the long-term as the City develops. Three levels of
options are discussed:
. Updating existing ordinances
. Adding new ordinances
. Adopting a comprehensive Environmental Conservation Zone approach
Updating Existing Ordinances
The City of Elk River has already adopted a variety of elements in its zoning and
subdivision ordinances that can be used to protect and manage natural resources.
These are a very good base to build upon, and can be updated with the new Natural
Resources Inventory data. The existing environmental ordinances in the City's code
include the following:
. Park Dedication requirements
. Preliminary plat requirements
. Tree protection requirements
. Erosion and sediment management
. Stormwater management
. Open space plat
. Shoreline management
. Floodplain management
Suggestions for updating these existing ordinances based on the NRI include the
following:
Section 30-327. Park Dedication Requirements
This section could specify that developers are required to dedicate the natural
resource areas identified on the NRI maps as open space or parks if they are located
within the proposed development area to meet park dedication requirements.
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If the City does not want to require donation of these lands, it could make NRI status a
"criteria for determining suitability of the land" under Section 30-327(h), and use this
criteria in negotiations for park dedication.
As well, the City may consider adding language to the park dedication ordinance that
specifically states park dedication funds may be used for the purposes of ecological
restoration (restoring native plant communities). Such activities could be considered a
form of park "development". This would allow for necessary active management of
purchased or existing natural areas.
Section 30-353. Data for Preliminarv Plat
This section could specify that the proposer include the mapped information from the
Natural Resource Inventory in the "existing conditions" data provided to the City.
This "existing conditions" data could then be compared to the requirements in Section
30-415, that require that existing trees and native vegetation on the site be preserved
to the maximum extent feasible in the subdivision design.
Section 30-415. Preservation of trees and other veqetation.
This section includes a general statement that "existing healthy trees and native
vegetation on the site shall be preserved to the maximum extent feasible, and shall be
protected by adequate means during construction."
The City could reference the NRI by indicating specifically that "native vegetation
communities identified in the City's Natural Resources Inventory shall be preserved".
This statement is a general one, and does not give a standard for the amount of native
vegetation that should be protected. Some communities have adopted "woodland
protection ordinances" (instead of or in addition to individual tree protection
ordinances) that give performance standards for the proportion of woodland areas that
must be protected from development.
The City could identify such performance standards to this ordinance, and therefore
require that at least a portion of the woodland area be protected. (Ordinances typically
do not require that 100 percent of an area be protected because this may allow for no
use of the property, and would be termed a "taking".)
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Inventory staff noted that oak wilt is a problem the affects woodlands in Elk River. The
treelwoodland ordinance could include requirements to protect woodlands during
development, to avoid the spread of oak wilt.
The City could also protect woodlands, prairies, and other natural areas identified in
the NRI by using an overlay zone in its ordinances. These are typically called
Environmental Protection Zones or Environmental Conservation Zones, and this
approach is described in #3, below.
Section 30-417. Drainaqe
The City's Stormwater Management Plan (SWMP) should be reviewed in light of the
NRI results, to determine whether any changes are needed to identify wetlands,
creeks or other areas to be protected from storm water impacts, or other policies that
could be included in the plan to support the findings of the NRI. If a SWMP is not
currently available for developing areas within the City, the City may choose to require
developers to conduct SWMPs prior to approval of development plans, with review of
study results by a qualified water resources engineer (with experience in natural
resources planning).
<Section 30-417(2) should be updated to reflect current MPCA requirements for
pretreatment of stormwater before discharge to wetlands.
Based on a review of the plan, the City could decide whether a more comprehensive
Stormwater Ordinance is needed.
Subdivision II. Open Space Preservation Plats
This subdivision of the City Code is a powerful tool for protecting and restoring natural
areas identified in the City's Natural Resource Inventory. Some suggestions to
specifically incorporate the NRI in this section include the following:
. 30-514 (2) and (3)-the sketch plan could be required to show all natural areas
identified in the NRI
. 30-515 (2)g-this section could include a provision that the "city shall have the
option of requiring that shoreline, areas along streams, and natural areas
identified in the Natural Resources Inventory be included as preserved open
space
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· 30-515(7)f-this section could again reference "other environmentally sensitive
areas or natural areas identified on the Natural Resources Inventory."
. Section 30-516(b)-this section could provide an additional density bonus if the
developer agrees to include more than 50% of the area as protected open
space to preserve high quality areas identified on the NRI, or could provide an
additional density bonus if the developer agrees to create and implement a
restoration plan for NRI areas that would benefit from removal of exotic species
or other restoration activities.
New Ordinances
The City of Elk River has a good basic set of environmental ordinances in its code.
Based on the results of the NRI, the City could consider adopting one or more new
ordinances to provide specific protection for wetlands and steep slopes.
Wetland Buffers Ordinance
The NRI identified a number of unique wetland resources of high quality in Elk River.
Many communities in the Metro Area a similar situation have chosen to adopt a
Wetland Buffers Ordinance, based on the inventory of these resources. Buffers (areas
of undisturbed native vegetation) are one of the best ways to protect wetlands as
development occurs in the surrounding area. Buffers help to filter pollutants from
runoff, prevent erosion, provide critical habitat for species that live or breed in
wetlands, and buffer wetlands from disturbance. Buffers may also provide an area for
walking trails, and may be linked together to create natural resource and recreation
corridors.
Buffer sizes are typically related to the quality of the wetland-high quality wetlands
are given wider buffers than low quality wetlands. Sizes may vary from 10 or 20 feet
for low quality wetlands, to 100 feet for the highest quality wetlands. The MPCA
provides suggested guidelines for wetland buffer sizes based on wetland types and
quality.
While the Minnesota Wetland Conservation Act provides protection for the wetland
itself, it does not include a requirement for buffers. Instead, the MPCA recommends
that local communities consider requiring buffers based on the local situation.
Wetlands vary so much within the state that it is often best to have a local inventory
using MnRAM methodology, or similar, and consider local conditions and values as a
basis for this process.
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Wetland Buffers Ordinances from other communities in the Twin Cities area are
available for review by the City as examples.
Steep slopes/bluffs ordinance
The NRI has identified areas with steep slopes within Elk River. Given the sandy soils
in much of the area, these slopes may be particularly prone to erosion when disturbed.
The City's code includes a section on erosion and sediment control (Section 30-416)
that addresses requirements for slopes over 10 percent in a general way. The City
may wish to consider a specific steep slopes ordinance for the future. Such
ordinances often include specific requirements for grading, storm water management,
buffers etc., for slopes over 10 or 12 percent, and may prohibit development on very
steep slopes (typically over 25 percent).
Steep Slopes/Bluffs Ordinances from other communities in Minnesota are available for
review by the City as examples.
New Approaches-Environmental Protection Zones Overlay Districts
Overlay districts are commonly used in zoning ordinances to identify special areas and
requirements applied to these areas. The Elk River code includes a Shoreland overlay
district and a Floodplain overlay district, which are included in most city codes.
The Minnesota Environmental Quality Board has suggested an option of using a
broader overlay district called a Sensitive Natural Environment Areas overlay district
for protecting and conserving significant natural resources in the community. This
overlay district can provide protection for a full range of natural community types-
woodlands, prairies, wetlands, and shorelands. It could replace the need for separate
woodland protection and wetland buffer protection elements discussed under #1 and
#2. The areas may also include natural resource corridors or greenways identified in
the community.
The adoption of an environmental protection zone overlay ordinance requires that the
community's resources have been inventoried. Elk River's NRI meets this need. In
some cases, two zones are established-Environmental Protection Zones with the
highest level of protection for high quality resources, and Environmental Conservation
Zones for resources of somewhat lower quality that require a lower standards of
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protection. The protection zone or zones would be mapped on official city zoning
maps, just as the Shoreland and Floodplain overlay zones are mapped.
The environmental protection zone ordinance then provides requirements or standards
for development within these zones. Such requirements may include the following:
. Setbacks or buffers from the edge of the sensitive area
. Construction management practices to limit disturbance or damage
. Limits to vegetation removal
. Prohibition or limitation of development within the zones by regulating
disturbance, lot sizes, densities, etc.
. Limit to impervious surface coverage
Given the number and diversity of high quality natural areas identified in the City's
Natural Resource Inventory, an overlay ordinance of this type offers a way to provide
protection to this range of resources rather than using multiple ordinances to address
woodlands, wetlands, and other types of natural resources.
The City of Portland, Oregon, has adopted a detailed environmental protection zone
ordinance that provides a good example of such ordinances. In the Portland
ordinance, development is mostly prohibited in the "environmental protection zone",
and environmentally-sensitive development is allowed in the "environmental
conservation zone." Typically, existing development, repairs and maintenance, and
provision of public infrastructure and utilities, public trails, and similar items are
allowed in the protection and conservation zones.
Copies of the Portland ordinance or Minnesota EQB Model Ordinance can serve as
examples of this approach.
Other Tools for Protection and Management of Natural Areas
Ordinances are mainly a regulatory ("stick") approach for protecting and managing
natural resources. Ordinances such as Elk River's Open Space Plat also provide
incentives ("carrots") to natural resources protection. Many communities use a
combination of carrots and sticks in protecting and managing natural resources. The
regulatory approach assures that some priority resources will be protected, but is
limited by laws that prohibit the "taking" of private property without adequate
compensation. The "carrot" approach may be more politically acceptable in some
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cases than the "stick" approach, and may be more viable when potential "taking" is an
issue.
In addition to changes in existing ordinances or adoption of new ordinances, the City
can consider a variety of "carrot" approaches in addition to the Open Space Plat to
encourage city residents to protect the natural resources on their properties, including
the following:
. Provide information and education to homeowners about the special features
on their properties. Many landowners will take great pride in knowing that they
have something special on their land, and will be eager to leam about how best
to manage it.
. Inform property owners about options to donate their land as parks and open
space, or protect it with a conservation easement. For some property owners,
donation of land or easements provide financial and tax benefits.
. Identify grants or other public programs that provide financial or educational
benefits to owners of natural areas
. Work with developers or property owners to encourage design strategies that
protect and improve the quality of resources.
. The DNR Website (http://files.dnr.state.mn.us/assistance/landprot.pdf) contains
the resource Land Protection Options, a Handbook for Minnesota Landowners.
This is an outstanding tool to help individual landowners better understand their
options, and also for city staff as a resource to help positively engage interested
property owners.
. Another important resource for private landowners is the publication Beyond the
Suburbs: A Landowner's Guide to Conservation Manaqement. This resource
can also be found on the MN DNR website at:
http://files.dnr.state . m n. us/forestrv/beyond suburbs. pdf
. The City can also continue to set a good example for other landowners by
protecting or restoring natural areas on city-owned properties.
Parcel Evaulation
As part of this project Bonestroo ecologists identified parcels greater than 40 acres in
size that are thought to be suitable for non-standard development design methods
such as cluster development. This was accomplished after field work was completed
to enable thorough evaluation of natural areas data in relation to ordinances and
parcels. This evaluation focused on areas that have development potential with
upland natural areas, particularly those of some quality. Areas that are thought not to
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be suitable for development include characteristics such as being completely covered
by floodplain/wetlands, previously permitted for aggregate mining, and city-owned land
(parks).
For some of the recommended parcels, property access prevented a field inventory.
These are noted in the project data base as recommended for additional field
inventory. Where additional surveys are recommended, they should occur prior to
development, most preferably in advance of submittal of development documents to
the City by the developer. This will allow for the gathering of solid field information
enabling sound decision-making about natural areas, as well as minimizing the cost of
such a process to both the City and developer. The following page shows parcels
identified as being suitable for cluster development and other non-standard design
methods.
Sites to Consider for Proactive Management/Protection
There are a number of remnant natural areas within city-owned property or occur on
recreational/historic properties that have significant natural communities. Based on
field observations, we recommend these areas be (further) managed. This may
include the creation of site-specific Natural Resource Management Plans and/or on-
the-ground management. It is also important to note that these natural areas may be
good candidates for grant/foundation funding to complete these activities, reducing or
stretching the financial resources dedicated by the City.
City-owned Natural Areas
The City owns a number of properties with moderate to high quality natural areas that
have good restoration potential. Many of these occur in City Parks. Some of the City
Park areas appear to be actively managed, while others are not. Below is a brief list of
City-owned natural areas that stand out as having high quality resources and
recommended next steps for management.
Non-City-owned Historical/Recreation Properties
There are two historical/recreation areas within the City of Elk River that have natural
areas of significance. These include the Elk River Sportsmen Club and the Kelley
Farm. The former is a private club that supports barrens prairie and savanna of
statewide significance. The Kelley Farm is a property run by the Minnesota Historical
Society that has a significant amount of remnant oak communities and planted prairie.
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Natural Areas of High and Moderate Quality
The figure on the following page includes High and Moderate Quality natural areas
identified during the inventory. It is important to note that due to lack of access to
some natural areas within the city, not all high quality sites are listed here. We
recommend that appropriate field work be conducted to determine the
quality/composition of larger natural areas not visited for during this project, prior to
any development that may take place.
These are sites of areas that demonstrate one of several significant qualities, including
natural area quality, aesthetics, or other characteristics. We would suggest that these
high quality sites be considered for protection and/or management using appropriate
tools mentioned above, such as ordinances, park dedication, conservation easement,
or similar.
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NATURAL AREAS:
PROTECTING A VITAL
COMMUNITY ASSET
A Sourcebook for
Minnesota Local
Governments
and Citizens
A Publication of the Minnesota Department of N atutal Resources
Natural Heritage and Nongame Research Program
D. Transfer of Development Rights (TDR) Programs
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What it is: A system adopted by a local unit of government in which landowners in
a designated preservation (also called "sending") zone may sell development
rights to a broker or land developer, who then uses the purchased rights to
increase their allowable building density in another area designated as a
" .."
recelvmg zone
What it accomplishes: A reduction in level of development that occurs in the send-
ing zone, thereby serving the purpose of protecting natural areas, agricultural
lands, and other open space land values, while compensating landowners who
relinquish specified development rights to their property
When it may be appropriate:
1) When there is high demand for housing or other development in the
receiving zone, such that a good market may be expected for the development
credits offered for sale by landowners in the sending zone
2) When the administering government agency has the resources necessary to
set up and oversee the program on an ongoing basis
3) When protection from development is sought for a specific geographic area
4) When residents residing in the receiving zone are amenable to the increased
density such a pian would bring to their area
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The basic idea of a TDR program is to steer development toward those areas con-
sidered best able to handle such growth-typically areas where utilities, roads, and
other public works infrastructure are in place-and away from areas that a commu-
nity wishes to shelter from development, such as prime agricultural lands and high
quality natural lands.
Though TDR programs vary somewhat in application, here's how they typically
work. Two zones are designated within a given geographic area: a preservation, or
"sending" area, and a "receiving" area. Landowners who own land in the designated
preservation zone are assigned a number of development credits for their property,
with the number of credits assigned reflecting the acreage and development poten-
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tial of the property as wned. A landowner in rhe sending wne may either develop
their property to the allowable density or, through a TOR program, may sell their
assigned number of development credits (their unused rights to develop their land)
to a land developer, broker, or speculator who owns land in the receiving wne. The
purchaser then "spends" the credits in the designated receiving zone, using the cred-
its to exceed the development density they would otherwise be allowed in that area.
Credits are bought and sold on the open market, with their value determined by
whatever the market will bear. When all the development credits assigned to a par-
cel ofland in the sending zone have been sold, permanent restrictions are placed on
the property's tide, disallowing future development. This drop in development
potential may be reflected in a corresponding drop in the property taxes assessed to
the affected land.
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TDR programs may be established as a nonregulatory program (in which case
landowners in the sending zone have the option of developing their land or selling
the development rights) or as a regulatory program incorporated into a local zoning
ordinance as an official land use control (in which case development in the sending
zone is not allowed and landowners in the sending wne have no alternative but the
sale of development rights if they wish to be compensated for their property's
unused development potential).
A successful TDR program oriented toward farmland protection has been imple-
mented in Montgomery County, Maryland, with transactions resulting in the per-
manent protection of twenty-six thousand acres of farmland. The state of New
Jersey has also utilized a TDR program as a means to provide permanent protection
for 12,969 acres of the ecologically significant New Jersey Pinelands.
Enabling legislation allowing cities, towns, and counties to adopt TDR programs
has recendy been approved in Minnesota (via amendments to Chapters 394 and
462 of the Minnesota Statutes), making TDR a viable land use planning tool avail-
able to the state's local governments. For an update on the status of TDR programs
in the state, contact the Land Stewardship Project (See Resources, p. 98).
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E. Purchase of Development Rights (PDR) Programs
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What it is: A formal program by which a unit of government or nonprofit organi-
zation purchases conservation easements (development rights) to privately
owned land for the purpose of protecting the land's natural features, open
space or agricultural values. Commonly set up with a "willing seller" policy.
(Cont. p. 43)
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What it accomplishes: Keeps land in private ownership while establishing permanent,
legally binding protection for a site's narural features, to the degree thar such
protection is specified in the rerms of the easements
When it may be appropriate:
1) When a funding mechanism can be identified to finance the purchase of
easements
2) When the administering unit of government or nonprofit organization has
the staffing and administrative capabiliry to set up and oversee the program
on an ongoing basis
3) As an alternative for local protection of high prioriry natural areas when
a communiry does not have the financial resources to acquire fee simple
interest
4) When a local government unit prefers protection methods that compen-
sate landowners for restricted development, as opposed to limiting develop-
menr through zoning or other regulatory means
..........
POR programs may be viewed as the systematic application of perpetual conserva-
tion easements used as a tool to protect communiry narural areas. The administer-
ing agency (ciry, counry, or state government agency, or nonprofit organization)
develops specific criteria used to seleer sites for which acquisition (purchase) of ease-
ments is sought. These criteria will vary according to the prioriry goals of the POR
program (e.g. protection of watersheds, wildlife habitat, or a highly valued feature
of the communiry such as a bluff). POR programs commonly operate with a "will-
ing seller" policy, in which local government units ,contact the owners of land con-
sidered high prioriry for protection and, depending on the landowner's interest,
negotiate mutually agreeable terms. Landowners who sell their development rights
as part of a POR program retain ownership of their propei-ry and all rights not
specifically assigned to the acquiring agency in the terms of the easement. Some
local governments fmance POR programs through issuance of bonds or through
special taXes assessed on properry. The ciry of Ounn in Dane Counry, WI (popula-
tion 5,540) initiated a POR program in 1996 to acquire development rights for pro-
tection of farmland~ open space, and natural areas.
As is the case with TOR programs, enabling legislation allowing cities, towns, and
counties to adopt POR programs has recently been approved in Minnesota (via
amendments to Chapters 394 and 462 of the Minnesota Statutes), making POR a
viable land use planning tool available to the state's local governments. For infor-
mation on POR programs and their status in Minnesota, contact the Land Steward-
ship Project (See Resources, p.98).
43
Purchase of Development Rights, CDFS-1263-98
Page I of5
.
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I Extension
Ohio State University Fact Sheet
DEP ARTMENTCommunity Development
700 Ackerman Road, Columbus, OH 43202-1578
Purchase of Development Rights
CDFS-1263-98
Land Use Series
Joe Daubenmire
Thomas W. Blaine
Background
The loss offaxmland and open space throughout the country has become a very important issue in recent
years. As more and more land becomes developed, an increasing number of tools have been created to
preserve the land that remains. One of the tools that has captured the imagination of planners, elected
officials, and others is the purchase of development rights (PDR). Currently 18 states have active PDR
programs. The purpose of this fact sheet is to describe this program.
WhatisPDR?
We may consider the ownership of land to be the possession of a "bundle of rights" associated with that
land. These rights include the right to possess, use, modify, develop, lease, or sell the land. Mineral
rights constitute one of the items in the bundle with which most people are aware. If the mineral rights
have been separated from the remaining items in the bundle, the owner is prohibited from drilling for oil
or from mining the land. The right to develop a piece of land for residential, commercial, or industrial
purposes is also a right within the bundle. The purchase of development rights involves the sale of that
right while leaving all the remaining rights as before.
PDR is a voluntary program, where a land trust (see OSU Extension Fact Sheet CDFS 1262-98, Land
Trusts) or some other agency usually linked to local government, makes an offer to a landowner to buy
the development rights on the parcel. The landowner is free to turn down the offer, or to try to negotiate
a higher price. Once an agreement is made, a permanent deed restriction is placed on the property which
restricts the type of activities that may take place on the land in perpetuity. In this way, a legally binding
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Purchase of Development Rights, CDFS-1263-98
Page 2 of5
guarantee is achieved to ensure that the parcel will remain agricultural, or as open (green) space forever.
This is because the agency involved retires the development rights upon purchase. The deed restriction
may also be referred to as a conservation easement, or, since most PDR programs are designed to
preserve agricultural use, an agricultural conservation easement (see OSU Extension Fact Sheet CDFS
1261-98, Conservation Easements). As a result, PDR programs are occasionally called PACE programs
(purchase of agricultural conservation easements).
How is the price of the development right determined?
The principal reason that more and more farmland and open space has been converted to other uses is
because in most areas at the rural urban fringe, the current agricultural value associated with land is
substantially lower than the value that land has for development. For example, consider a piece of land
that generates a net income of $1 00 per acre per year in agriculture. This amount is typical of much
farmland in the U.S. To obtain a fair market value for that parcel in agriculture, we simply divide that
annual income flow by the interest rate, say 5%. This procedure, called income capitalization, yields a
value of $2,000 per acre in this example. Now suppose that this parcel comes under development
pressure as a place to build housing or some type of retail establishment A developer may be willing to
pay $5,000 an acre for it. In this case the development value of the parcel would be $3,000 per acre,
simply the difference between the overall market value and the agricultural value. With this type of
differential, it is very unlikely that the parcel will remain in agriculture in the future, even if the current
owner is dedicated to keeping the land as it is.
If the local agency in charge of operating the PDR program makes an offer of $3,000 an acre to the
landowner, then that landowner has the opportunity to realize the economic benefits accrued ftom the
development potential of the land., while having the ability to keep the land as agricultural. At any time
after selling the development rights, the landowner may sell the property itself, lease it, or pass it on to
heirs with the deed restriction attached.
This is a significant change ftom the situation that farmers usually face as being "cash poor - land rich"
and limited to the option of selling the land for development versus owning a very valuable piece of
property while realizing none of the fmancial benefits.
Why should a community consider farmland preservation programs?
If, as stated above, it is primarily market forces which are driving land out of agricultural and open space
uses, then it is only natural to ask, why interfere with this process? Ifland achieves its "highest and best
use" only when developed., should this not be allowed to happen? Why not allow the ftee market in real
estate to determine land use?
Studies have shown that many U.S. citizens are deeply concerned about the loss offarmland and open
space. Many are concerned that increasing urban and suburban encroachment will lead to a host of
environmental problems, ranging ftom loss of wildlife habitat to a decline in water quality. Also, many
people enjoy the aesthetic beauty and sense of place that rural landscapes provide. The provision of
environmental and aesthetic amenities is typically not incorporated into the values of private markets.
There is simply no way that most landowners can achieve fmancial rewards for providing these types of
"public goods." Finally, some Americans are concerned that the nation's future capacity to produce its
own food and fiber, and thus national security, will be compromised if the trends in loss of farmland and
open space are not slowed down or stopped.
There are other economic arguments for farmland protection programs. An enormous amount of
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Purchase of Development Rights, CDFS-1263-98
Page 3 of5
evidence has emerged over the past decade that indicates that farmland conversion has been subsidized
by government taxation and transportation policies. If this is correct, the development values of real
estate at the rural urban fringe have been inflated as a result of these policies, and thus really do not
reflect true "free market" values.
What are the advantages and disadvantages ofPDR, as compared to other policy mechanisms to
protect farmland, such as zoning, building moratoria, or tax breaks for agriculture?
Restrictions on land use, including zoning have been used to protect agriculture. One of the main
benefits ofPDR however, is that it is completely voluntary. Under PDR, the landowner is not deprived
of any of the value of the property. This is very important because many farmers rely on their property
in order to fund their retirement. Simply depriving them of the opportunity to realize the full economic
value of their property bas important ethical, socioeconomic, and perhaps legal ramifications. Moreover,
zoning regulations may be easily changed in the future. Other regulatory mechanisms such as building
moratoria have similar disadvantages to zoning.
Programs that provide tax breaks for farmers, such as current agricultural use valuation have been in
place for years, and have not proven effective in keeping land, particularly at the rural-urban fringe,
from being converted from agricultural to nonagricultural uses. This is because the tax breaks received
by the landowner may be small compared to the price differentials between the development and
agricultural land use values.
PDR has several advantages over these other policies. First, since it is completely voluntary, no
landowner is coerced into giving up or selling the land or the development rights. Second, it involves a
permanent agreement that guarantees that the deed restriction will apply in perpetuity. Clauses for the
extinguishment of the agreement typically involve requirements that the landowner demonstrate that
surrounding development or economic conditions have made farming on the land impossible.
Another benefit ofPDR is that it makes it much easier for one farmer to pass the farm on to an heir
interested in continuing to farm. Once the development rights have been separated from the land, the
value of the parcel typically declines to its agricultural value. This generally bas an enormous effect on
reducing the inheritance tax liability. If taxed at the full development value, many parcels are simply
taxed out of agriculture, because the heirs are not able to pay the taxes without selling the land.
The primary disadvantage ofPDR is the cost involved. In all of the states with PDR programs, these
purchases are funded by some sort of tax. Taxes used range from cigarette excise taxes assessed at the
state level to local property, income, and sales taxes. The topic of instituting new taxes for virtually any
program is always controversial. Opponents to these taxes are usually quite vocal as well. Moreover, the
public bas become cynical about public programs designed to "subsidize" agriculture, and some critics
have come to see PDR as another, and even more radical step in that direction.
However, in the regions of the country that have instituted PDR, the program bas received generally
favorable responses from the public. Surveys ofresidents in numerous parts of the country indicate that
many citizens who are concerned about the loss of farmland and open space do place measurable values
on publicly operated farmland protection programs. It is very likely that considerable discussion
regarding the implementation and or continuation ofPDR programs will continue to be a subject for
debate in the future.
How to Establish and Operate a PDR Program
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Purchase of Development Rights, CDFS-1263-98
Page 4 of5
The establishment of a PDR program often begins at the local level, accompanied by enabling and/or
funding legislation at the state level. An agricultural preserve board is usually a county-wide
organization consisting of a few members of the community who act as volunteers on the board.
Membership may be by appointment by elected officials, such as county commissioners, and should
reflect the makeup of the community, with representatives from agriculture, industry, etc. The board is
in charge of reviewing applications of landowners who wish to sell development rights, obtaining
appraisals, prioritizing parcels, negotiating agreements, and ensuring that deed restrictions are enforced.
It is up to the members of the board to determine how to operate the program so that the public gains the
most from its investment. The PDR programs which seem to have had the most success have been those
where the objective has been to use this tool to create large contiguous areas with permanently preserved
open space and farmland as opposed to selecting individual parcels piecemeal. This type of strategy has
several advantages. One is that it allows for a "critical mass" of farms which have the potential to
preserve agriculture as a viable industry. If the number of farms in an area becomes too small, there is
not enough demand for agricultura1 supplies (fertilizer, equipment, etc.) to sustain the industry. Another
advantage to this approach is that the preservation of large contiguous areas maintains open space and
the sense of place that many Americans believe are the goals which are most appropriate for farmland
protection programs.
Suggested Reading
Buist, R., C. Fischer, J. Michos and A. Tegene, 1995. Purchase of Development Rights and the
Economics of Easements. Economic Report No. 718, U.S.D.A.: Washington DC.
Daniels, T., 1991. "The Purchase of Development Rights: Preserving Agricultural Land and Open
Space," Journal of the American Planning Association, 57 (Autumn):421-431.
Daniels, T. and D. Bowers, 1997. Holding Our Ground: Protecting American Farms and Farmland,
Island Press: Washington, DC.
Duncan, M. 1984. "Toward a Theory of Broad-Based Planning for the Preservation of Agricultural
Land," Natural Resources Journal, 24 (January):6I-135.
Kinsley, M.l 1997. Economic Renewal Guide: A Collaborative Process for Sustainable Community
Development. Rocky Mountain Institute: Snowmass, CO. .
Kline, l and D. Wichlens, 1994. "Using Referendum Data to Characterize Public Support for
Purchasing Development Rights to Farmland," Land Economics, 70 (May):223-233.
You can read about purchase of development rights on the world wide web!
http://www.farm1andinfo.org
http://www.ypsil.comlcoalit.htmI
http://www.consrv.ca.gov/oJc/alspnet.html
All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory
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Purchase of Development Rights, CDFS-1263-98
Page 5 of5
basis without regard to race, co1or, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era
veteran status.
Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension.
IDD No. 800-589-8292 (Ohio only) or 614-292-1868
I Ohioline I Search I Fact Sheets I Bulletins I
http:// ohio line. osu. edu/ cd- fact/1263 .html
11/2/2004
Washington County, MN - TPD - PDR Document
Page 1 of 12
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WASHINGTON COUNTY
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
POUCY AND PROCEDURES DOCUMENT
SECTION J. PURPOSE AND AUTHORIZA rION
The following program guidelines describe the policies and procedure that
will be used to Implement the Washington County Purchase of
Development Rights (PDR) Program, as authorized by the Washington
County Purchase of Development Rights Ordinance.
The purpose of the PDR Program is to preserve open space, Including
natural and scenic areas and productive agricultural land, through the
purchase of deveiopment rights from voluntary applicants. Through a PDR
Program, private landowners can receive compensation for their role in
providing open space protection while continuing to use their land. The
fee title to these lands remains In private ownership.
SECTION 2. DEFINITIONS
For the purpose of this Program, certain words and phrases are defined as
follows:
(1) Aoricultural Land: Land whose use Is devoted to the production of
crops, livestock, and vegetables, as well as to dairy, poultry and
horticultural products, equestrian activities and alternative products of the
land.
(2) Conservation Easement: A non possessory Interest of a holder in real
property imposing limitations or affirmative obligations the purposes of
which Include retaining or protecting natural, scenic, or open-space values
of real property, assuring its availability for agricuitural, forest,
recreational, or open-space use, protecting natural resources, maintaining
or enhancing air or water quality, or preserving the historical,
architectural, archaeological, or cultural aspects of real property.
(Minnesota Statutes, Chapter 84C.)
(3) Corridor: Protected areas of open Space linked together throughout
the community.
(4) County Board: The Washington County Board of Commissioners.
(5) Development: An activity which materially alters or affects the
existing conditions or use of any land.
(6) Develooment Riohts: An interest in and the right to use and subdivide
land for any and all residential, commercial and industrial purposes and
activities which are not incident to agriculture and open space.
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Washington County, MN - TPD - PDR Document
Page 2 of 12
(7) Eligible Land: Properties for which the purchase of development rights
is authorized pursuant to the Purchase of Development Rights Ordinance.
(8) ODen SDace: Land used for agriculture, natural habitat, pedestrian
and/or scenic views, that is undivided and permanently protected from
future development.
(9) Resource Values: The values that a conservation easement is intended
to protect, as defined and recorded in the baseline documentation. Values
may include but are not limited to natural habitat, productive agricultural
land, scenic views and connections to or extensions of existing parks or
protected open space.
(10) Selection Round: A cycle of the Purchase of Development Rights
Program, from initial advertisement of the program through completion of
offers to purchase development rights conservation easements.
SECTION 3. SCOPE AND COVERAGE OF THE PROGRAM
Through a series of public forums and other meetings facilitated by the
Green Corridor Project, Washington County residents and public officials
were able to express their opinions on the high value natural resource
areas in the County. The results of the public input, as weli as extensive
analysis and mapping of natural areas in Washington County, are
presented on the map Green Corridor Opportunity Areas,
Attachment 1 (Adobe PDF). The resources that form the Opportunity
Areas include high quality agricultural land, natural habitat land, and
scenic areas; environmentally sensitive areas; and connections between
open space areas.
Specific criteria that were used to define the Washington County
Opportunity Areas include:
. high quality soils
. MN County Biological Survey sites and areas
. large blocks of contiguous agricultural land
. large blocks of contiguous natural habitat
. presence of vegetated stream corridors
. trout streams
. undeveloped lake shore
. presence of erosion prone soils
. ground water sensitivity
. scenic areas valued by County residents
. grasslands
. forest Interior
SECTION 4. ROLES AND RESPONSIBILITIES
The administration of the PDR program Involves the County Board of
Commissioners, a PDR Advisory Committee, and County staff. The
administrative roles and responsibilities of each of these groups are
outlined below.
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Washington County, MN - TPD - PDR Document
Page 4 of 12
purchases
· Assisting the Minnesota Land Trust in negotiating conditions of
easement with landowners and oversight of the Minnesota Land
Trust as easement holder and monitor, If chosen to assist the
County with these duties
· Environmental risk analysis (due diligence)
· Ensuring that easements are recorded
· Ensuring that subdivisions or plats clearly identify parcels on which
development rights have been sold and extinguished
· Seeking additional outside funding
PDR Advisory Committee
The County will use an expended Parks and Open Space Commission as
its PDR Advisory Committee. A liaison from the Planning Advisory
Commission will be added. Additional members may be added to achieve
representation from the following interests:
(1) farmers;
(2) landowners;
(3) local units of governments, including but not limited to cities, towns,
and water management organizations;
(4) citizens at large with knowledge or experience related to the purpose
of the program;
(5) conservation organizations;
(6) residents of each County Commissioner's district;
(7) a 5011 and Water Conservation District Board member; and
(8) a member of the Washington County Board of Commissioners.
Each member may represent one or more of the above interest groups.
The Advisory Committee will also include non-voting technical advisory
members from agencies involved in land and water protection activities,
such as the Natural Resources Conservation Service, the Soil and Water
Conservation District, and the Department of Natural Resources.
The Advisory Committee shall be appointed to staggered three-year
terms. The initial members shall be appointed to one-year, two-year and
three-year terms so that no more than five members' terms expire in one
year. Each member may serve a maximum of two consecutive three-year
terms.
The PDR Advisory Committee is assigned the following duties and
responsibilities:
· Make recommendations to the County Board regarding selection
criteria;
· Review applications that meet the initial eligibility criteria;
· Visit and evaluate sites based on "Phase 2" criteria as outlined In
Section 5 of this document;
· Evaluate applications based on available funding and potential for
bargain sale or additional funding;
. Review comments from local units of governments and watershed
management organizations;
· Recommend parcels to County Board for purchase of Conservation
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County Board of Commissioners
The County Board of Commissioners is the policy-making body for the
County. The County Board originates the PDR Program through ordinance
and has oversight authority for the Program. other responsibilities
include:
. Overseeing program administration
. Approving program rules
. Appointing PDR Advisory Committee members
. Establishing yearly funding levels
. Establishing the 'split' between the countywide program and any
matching grants to local governments
. Directing appraisals or valuations of easements
. Approving easement purchases
. Awarding matching grants
. Approving financing mechanisms and accepting grants
Program Staff
County staff will administer the PDR program on a day-to-day basis. Staff
will provide support to the PDR Advisory Committee and County Board.
The capabilities of staff could include, program administration, planning,
and resource management. Additionally, it is desirable for staff to have
knowledge of land conservation programs and financing, and knowledge
of agriculture and ecology.
. In addition to staff assigned directly to the PDR Program, support
will be needed from the following County staff:
. Attorney's Office - review of easement language
. Assessment, Taxpayer Services and Elections Department -
appraisals/easement value
. Recorder's Office - ensuring easements are recorded
. Transportation and Physical Development Department - land use
and land management
. Public Health Department - groundwater and surface water Issues
. Real Estate Acquisition Committee - review of recommended
easement purchases
The specific responsibilities of PDR Program staff will include:
. Creating and distributing materials to promote the program
. Overall administration of program and financial management
. Soliciting applications - advertising, publicity
. Advising applicants and potential applicants
. Initial screening of applications for eligibility
. Initial evaluation of eligible parcels according to criteria;
preparation of reports to Advisory Committee
. Negotiations with landowners of eligible parcels - easement prices,
bargain sales, additional development sites, etc.
. Determining easement value
. Soliciting comments from local governments, watershed
associations, etc.
. Support to Advisory Committee u mailings, meeting coordination,
minutes, etc.
. Seeking County Board approval of the recommended easement
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Easements;
. Assist in seeking funding opportunities; and
. Provide input to County on all program activities.
SECTION 5. ELIGIBILITY AND PRIORITIES
The follewing criteria shall be censidered in determining which ,offers te
consider in any Selection Reund.
Initial Eligibility
Thresheld eligibility requirements for the PDR Program define which
landewners can submit applicatiens te sell their deveiepment rights. All ,of
the fellewing facters must be present for a preperty te be considered fer
purchase ,of develepment rights:
(1) A voluntary application is submitted by the preperty ,owner;
(2) The property is included within the Green Cerrider Oppertunity Area;
(3) The minimum parcel size cerrespends to the minimum lot size ,of the
applicable zening district, except in cases where it can be demenstrated
that the parcel fills a significant gap between, ,or Is adjacent te, other
pretected high-value reseurces ,or ,open space; and
(4) The parcel must have seme develepment rights remaining under
current zoning. Parcels that have been develeped te the maximum
allowed under density-based zening are net eligible. Preferences will be
given te parcels that have the ability te serve multiple public purpeses,
such as sterm water management, recreation, etc. (te be determined by
field survey, cemments frem lecal gevemment units and additienal
research), and are adjacent to waterways, bike trails, Ceunty parks and
ether public facilities.
Phase I Ranking Criteria
The fellewing criteria are recemmended te be used for the Phase I
Ranking ,of applications. At the start ,of a Selectien Reund, peint values
be assigned te each criterlen on the PDR Criteria Worksheet contained
in Attachment 2 ,of this decument. The peint values centained in
Attachment 2 are recommended, hewever, they may be medified by
reselutien ,of the Ceunty Beard prier te each Selectlen Reund. (See
attached for Year 2000 Pilot Program Site Evaluation Criteria
adopted by County Board Resolution.)
Natural Reseurce Values
(A) Within areas ,of substantial ferest interier, as defined en "Ferest
Interier Criteria Layer," Green Cerrlder Preject map.
(B) Frentage aleng a lake, river ,or stream, as defined in the Department
,of Natural Reseurces Pretected Waters Inventery.
(C) Ceunty Bielegical Survey site ,or area, as defined in the Department ,of
Natural Reseurces Mlnneseta Ceunty Bielegical Survey fer Washingten
Ceunty.
CD) Presence ,of eresien-prene seils and steep slepes, as defined in the
Washingten Ceunty Seil Survey.
Agricultural Values
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(A) Within large blocks of active agriculture, as defined on "Large Blocks
of Agriculture Criteria Layer," Green Corridor Project map.
(B) Prime or significant farmland soils, as defined in the Washington
County Soil Survey.
(C) Enrollment In Metropolitan Agricultural Preserves or Green Acres
programs.
(D) Historic farmstead or landmark as defined in the National or State
Historic Register of Sites or the Washington County History Network
Historic Site Inventory.
Spatial Values
(A) Proximity to parks or other protected Open Space (adjacent to or
within '12 mile).
(B) Application size of 80 acres or more (could include multiple contiguous
parcels under single ownership).
(C) Public access provided (enhancing existing recreational opportunities
receive greater points).
(D) Presence In a corridor designated scenic by congressional or state
legislative action, by local unit of government resolution, or some other
formal method (existing corridors include St. Croix Rlverway and County
Road 21).
(E) Planned for municipal sewer service (a negative point value).
Planning and Zoning Considerations
(A) Comprehensive plan designation for agriculture, resource protection
or an equivalent designation.
(B) Zoning densities of 1 unit per 10 acres or lower (densities receive
greater point values).
Phase 2 and Site Visit Ranking Criteria
The following criteria shall be considered for use in conjunction with site
visits, to determine final ranking of parcels recommended for conservation
easement purchase. Point values will be established by resolution of the
County Board prior to each Selection Round.
(1) Additional natural values, based on field survey.
(2) Additional scenic or historic values, based on field survey and
research.
Factors such as the willingness of the landowner to offer a bargain sale,
opportunities for leveraging additional funding, or multiple applications
from the same general area, will be considered in developing a list of
"Recommended Parcels".
SECTION 6. APPLICATION AND SELECTION PROCESS
Each PDR Program Selection Round will have an application and selection
process conducted by County staff, a PDR Advisory Committee, and the
County Board of Commissioners. The purpose of this process is to
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prioritize parcels among the applications. The application and selection
process is illustrated in the Selection Round Flow Chart, Attachment
3.
Acceptance of Applications.
County staff will accept applications during a set period within a Selection
Round. Applications are intended to indicate an interest in participating in
the Program, and do not represent a binding commitment or offer to sell a
conservation easement.
Screening and Phase 1 Ranking of Applications.
County staff will screen applications for eligibility and rank the eligible
parcels using the criteria in Section 5, Eligibility and Priorities. This Phase
1 ranking will result in a list of "Candidate Parcels" that are ranked in
order of relative priority. County staff will solicit comments on all
"Candidate Parcels" from the applicable local units of government and
water management organizations.
Site Visits and Phase 2 Ranking of Candidate Parcels.
County staff will coordinate site visits by the PDR Advisory Committee for
all "Candidate Parcels". The PDR Advisory Committee will rerank the
"Candidate Parcels" using the Phase 2 - Site Visit Criteria listed in Section
5 and the local unit of government comments. This Phase 2 Ranking will
result in a list of "Recommended Parcels" that will be submitted to the
County Board for review and approval to pursue conservation easement
valuations.
Real Estate Acquisition Committee Review.
The Washington County Real Restate Acquisition Committee reviews
parcels of land that the County is considering for purchase. It screens for
such things as unpaid takes, survey problems, pollution concerns,
abandoned wells, and title problems. This Committee will review each
parcel on the "Recommended Purchases" list prior to purchase offers
being made to landowners. Major problems that are uncovered will be
brought to the attention of the County Board prior to making an offer to
purchase development rights.
Conservation Easement Valuations and Negotiation.
(1) Conservation Easement valuations will be conducted as described in
Section 7. An agent of the County will negotiate price and conservation
easement terms with landowners. Landowners may make offers to sell at
a price lower than the conservation easement value (bargain sale) during
this period.
(2) Based on conservation easement values, bargain sale offers,
availability of additional funding for specific purchases, comments from
local government units, and other factors, the PDR Advisory Committee
will prepare a prioritized list of "Recommended Purchases" for approval by
the County Board.
(3) The County Board may accept the list of "Recommended Purchases"
modify the list by removing sites or adding any sites from the list of
"Candidate Parcels." The County Board will approve the purchase of
conservation easements based upon available funding. Those not funded
will be placed on a waiting list.
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Offers to Purchase.
Upon County Board approval, offers to purchase conservation easements
will be tendered to the landowner. Based on negotiations with the
landowner and other factors, an offer may specify terms, contingencies
and conditions not contained in the original application, but only after
approval by the County Board. A period will be established within which
landowners may accept or reject offers to purchase. If an offer is rejected,
funds will be reallocated to the next available parcel on the waiting list.
Ciosing and Payment.
Settlement will occur following the landowner's acceptance of the
offer to purchase a conservation easement, and is contingent upon due
diligence, environmental audit, a title search, mortgagee's consent to the
conservation easement, and any other evidence that may be necessary to
clear title. Payment terms may be by iump sum, by installments, or by
other arrangements satisfactory to both parties.
Recording and Monitoring.
The County's acquisition of a conservation easement shall be recorded in
the County Recorder's Office. MonitorIng will be conducted as specified in
Section 9.
SECTION 7. VALUAnON AND PAYMENT METHODS
A. Valuation of Easement Cost
At the beginning of each Selection Round, Washington County will choose
a valuation method for determining the cost of purchasing development
rights easements. One method for establishing the value of the
development rights is through a parcel-specific appraisal. Under the
appraisal method, a certified appraiser Is chosen by the County to
establish the value of the development rights in a before/after appraisal
process. The appraiser first evaluates the fair market value of the
unrestricted property before development rights are sold, then the appraiser
establishes the restricted value of the property based upon the agricultural or
conservation activities that could occur on the property under the terms of the
conservation easement. The difference between the unrestricted value and
the restricted value Is the value of the development rights. The appraisal
method is hIghly justifiable since each parcel is examined in detail. The
method is, however, costly and time-consuming.
The County may choose to use an alternative method of establishing
value. For example, a set price per development right purchased could be
established. The set price could vary according to zoning classification.
The set price would be established based on a set of actual or sample
appraisals and/or on assessors' data. This method would be less costly
and take less time.
Landowner Appraisals.
Whatever method is used, landowners may obtain their own appraisal at
their own expense from a qualified appraiser for purposes of comparison
and negotiation, and/or for the purpose of calculating tax benefits.
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B. Payment Methods
Payments to landowners for purchase of development rights may be made
in one iump sum or through installment payments. The use of installment
payments may allow the Program to protect more parcels sooner.
Installments could be for periOds of 10, 15, 20 or 30 years. The
landowner would receive tax-free payments of interest only each year and
a balloon payment at the end of the term. The Installment payment
contract could be sold to local brokerage firms after an initial restricted
period if landowners wish to "cash out." An installment contract also may
enable landowners to defer capital gains taxes. By financing installment
sales with the purchase of zero-coupon bonds, the County could increase
the amount of land protected each year by a factor of as much as 6 or 7.
SECTION 8. NATURE OF CONSERVATION EASEMENT
RESTRICTIONS
A. General Conditions
The restrictions placed on parcels on which development rights are sold
are in the form of a conservation easement. A conservation easement Is a
written agreement that separates the right to develop the parcel from the
fee title to the parcel.
The terms of the conservation easement will be negotiated with each
landowner and will be based on the resources demonstrated in the
application and through the criteria ranking process. The terms of the
easements may vary from parcel to parcel. At a minimum, residential
development and non-agricultural commercial and industrial development
will be prohibited on land covered by the easement. Additional easement
terms that may be negotiated, include, but are not limited to:
· requiring the preparation of a conservation plan according to
National Resources Conservation Service standards for agricultural
land;
· requiring the preparation of a forest stewardship plan;
· allowing additional farm buildings; or
· allowing remodeling, replacement or enlargement of existing
buildings up to a specified percentage increase in size of buildings.
B. Prohibited Uses of Land.
The following land uses shall be prohibited on lands under a conservation
easement:
(1) Additional residential units (other than the existing residence, if
present) are not permitted within the designated conservation easement
area. The applicant must designate any areas to be set aside for
residential development at the time of application. The area must be
subdivided from the eased property prior to closing. Any remaining
density left unused on lands under conservation easement shall be
extinguished under the terms of the conservation easement.
(2) Non-agricultural commercial or industrial development are not
permitted within the designated conservation easement. The applicant
must designate any areas to be set aside for non-agricultural commercial
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or industrial development at the time of application. The area must be
subdivided from the eased property prior to closing.
C. Permitted Uses.
Lands under a development rights conservation easement may continue
to be used for the following purposes, except as reguiated by the specific
terms of the conservation easement and as restricted by local zoning
requirements and other applicable regulations:
(1) Customary agricultural uses, including seasonal agricultural
businesses and customary home occupations, as defined by the
Washington County Development Code or ordinances of other local units
of government.
(2) Land conservation and management activities, as specified in the
terms of the conservation easement.
(3) The landowner's residence or fanmstead.
(4) Replacement, expansion or modification of existing buildings within
the immediate area of the house site or farmstead, up to a specified
percentage of the original building footprint(s), which shall be negotiated
as part of the terms of the conservation easement.
(5) Customary agricultural buildings shall be permitted as specified in the
terms of the conservation easement.
(6) Other activities and alterations that may occur on the property shall
be defined by the terms of the conservation easement. In general, such
activities shall be penmitted to the extent that they do not lessen or
degrade the resource values the conservation easement is intended to
protect and are permitted uses under the Washington County
Development Code and ordinances of the applicable local unit of
government.
(7) A conservation plan prepared according to the standards of the
Natural Resources Conservation Service or similar agency shall be
required for all agricultural land under conservation easement.
SECTION 9. MONITORING AND ENFORCEMENT
The conservation easements will be held by Washington County and may
be co-held by the Minnesota Land Trust, local governments, or any non-
profit land conservation organization qualified under Internal Revenue
Code Section 1. 170A and Minnesota Statutes Annotated Chapter 84C. The
County will co-hold all Conservation Easements. Other local units of
government may also co-hold a Conservation Easement.
At the time the easement is purchased, a baseline data package will be
compiled to document the condition of the property at the time of
easement purchase and to detail the natural values of the parcel. Baseline
data preparation and monitoring activities should comply with the current
standards of the Land Trust Alliance, the national standard-setting
organization for land trusts, or similar accepted standards.
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A conservation easement is only effective if it is enforced. The County
could contract with the Minnesota Land Trust, another organization, or
individual for monitoring parcels in the PDR program. A yearly inspection
of each parcel, scheduled with the landowner, will occUr and be
documented. Periodic updates of the baseline data will also be done to
keep an ongoing record of the natural values. New landowners should be
educated on the terms of the easements. If violations occur, enforcement
of the terms of the easement must be undertaken. Enforcement can
range from meeting and negotiating with the landowner to court-enforced
remedies.
The Minnesota Land Trust (ML T) is a non-profit land conservation
organization that negotiates and holds conservation easements. ML T
began In Washington County and has a very active Washington County
chapter which holds and monitors over 20 conservation easements in the
County. Washington County could consider having the MLT hold, monitor
and enforce the development rights easements. The County could also
"contract out" negotiation of easement terms or certain other program
functions to ML T.
The responsibilities of MLT could also include:
. Preparation of draft easements
· Establishing baseline documentation for monitoring program
· Establishing monitoring program -- periodic site visits or contacts
with landowners -- annual monitoring of sites
· Educating future landowners about restrictions when parcels are
sold
. Addressing any violations -- notifying landowner and, if necessary,
enforcing through the court system
· Negotiating the specific terms of the easements with landowners
(above and beyond the County terms) and draft the easement
· Educating landowners on conservation easements
ML T currently requests a stewardship fee which goes into an endowment
fund to cover long-term monitoring/enforcement costs.
SECTION 1.0. FUNDING FOR THE PROGRAM
A. County Program
The Washington County PDR Program is proposed to be funded through a
dedicated property tax increase of $1.50 per month per $100,000 of
assessed value. This amount would fund the program at approximately
$1.8 million annually. Based on an assumed development right value of
$10,000 per acre, this would protect at a minimum 180 acres per year if
lump sum payments were made to landowners. If the value per acre were
$8,000, 225 acres could be protected with lump sum payments. More
acres could be protected if installment payments were made, or funds
from other sources were used, or if the landowner chose to sell at a
bargain sale. An estimate of the maximum number of acres would be
2,500 per year at $10,000 per acre, or 3,240 at $8,000 per acre.
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Additional sources of funding that may be pursued would include:
. Matching funds from new or existing state programs
. Matching funds from new or existing federal programs
· MPCA or Metropolitan Council penalties levied for pollution
· Cooperation with wildlife and sporting organizations
. Corporations
. Private foundations
. Individual donations for specific projects
B. Local Match Program
Using a portion of the funds (perhaps 20%) received through additional
property tax revenues, the County will provide matching grants to local
units of governments for acquisitions. This program would target
acquisitions of parks, open space or easements outside of the Green
Corridor Opportunity Areas that meet local protection goals. Guidelines for
the matching grant program would be developed separately from the PDR
Program. The County Board would establish funding levels yearly.
Home I Info for Residents I Info for Business I Things to Do Here I Employment Opportunities
Department & Services Directory A-Z I Your County Government
General Information Call: 651-430-6000. (TTY: 651-430-6246)
Directions to Washington County Government Center
14949 62nd Street North. PO Box 6 . Stillwater, Minnesota 55082-0006
@2003, 2004 Washington County. Security/Privacy/Accessiblity Statement. Contact Washington County.
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---'0 ~v=,~ U"''-'l~r or ueveJopment Rights Program
Page 1 of2
@King County ~~
Services
Comments
~
Natura'! Resources and Parks >>
Water and Land Resources Division >>
Transfer of Development Rights Program
Introduction
The King County Transfer of Development Rights
(TDR) Program was adopted as a pilot project in
October 1998 and converted to permanent status
in September 2001 under ordinance No. 14190.
The new program has been codified in King
County Code Chapter 21A.37. The County's
award-winning TDR Program is modeled after
other Successful programs around the country
including The Pinelands, New Jersey, Boulder
County, Colorado, and Montgomery County,
Maryland.
TDR Site Contents
Proaram Overview
Definnions
TDR in the News
Sendino Site Criteria
The information provided in this site provides an
overview of the Program, sending site application
form, FAQs, and TDR implementation processes.
For further information or questions, please
contact the staff people listed below or consult the TDR Code located in KCC
21A.37.
Sendino Site
Aoolication
Receivino Site
Information
TOR Bank
Staff Contacts
Dennv Trianole
Aoreement
King County TDR Program
201 S Jackson St, Suite 600
\ ::ieattle, VV A ~B 1 04]
DOES Customer
Information Bulletin
Depl of Development &
Environmental Services (128
KB.pdf)
Sending Sites or Receiving Sites:
Mark Sollitto
TDR Program Manager
206-296-1941
(206) 296-0192 Fax
(206) 296-0200 TDD
Mark.Sollitto(cl)metrokc.aav
For questions about TOR Program please contact Mark
Sollitto.
Related Information:
For questions about the Department of Natural Resources
Website, please contact Fred Bentler, webmaster.
Sustainable Building
http:// dnr.metrokc. gOY /w lx/tdr/
11/2/2004
"' - - --~~_.. Vol- .........\", \l;.-lV!-)l.llt;:lll Klgnts .Program.
Page 2 of2
Updated: Dec. 24, 2002
Agriculture To.pjcs
Forestry Topics
Kine County I Executive I Natural Resources and Parks I Water and Land Resources I News I Services I Comments I
Search
Links to external sites do not constitute endorsements by King County.
By visiting this and other King County web pages,
you expressly agree to be bound by terms and conditions of the site.
The details
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r lVgram vvervlew - Transfer of Development Rights
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@King County ....__...
Comments
...
Natural Resources and Parks ~
, Water and land Resources Division.
Program Overview - Transfer of Development
Rights
~ TDR home
~
The Transfer of Development Rights (TDR) Program is a
program that allows individuals to purchase and sell residential
development rights from lands that provide a public benefit.
Such lands include farm, forest, open space, regional trails
and designated urban separator lands and habitat for
threatened or endangered species. Landowners receive
financial compensation without developing or selling their land
and the pUbiic receives permanent preservation of t/:le land.
Transferred development rights can be used to build additional
houses on other parcels in more appropriate areas.
The TDR Program responds to Countywide Plannina Policies, the Kina County ComDrehensive Plan
Policies and the Executive's Smart Growth Initiatives to protect resource lands, fish and wildlife habitat,
provide regional trails and open space, and preserve rural character. Additionally, TDR responds to
growth management objectives by focusing growth in urban areas where services such as sewer, water
and transportation exist or can be readily provided.
The King County Transfer of Development Rights Program is voluntary but sending sites must be
certified by King County. Sending sites must meet certain criteria and provide a public benefit in at least
one of the following categories: designated agricultural lands, forest lands, Rural Forest Focus Areas,
rural or resource regional trails and open space areas, habitat for threatened and endangered fish and
wildlife species, or designated urban separators that are zoned R-1 (see Sendina Sites). Within certain
guidelines, density may be transferred to unincorporated urban areas zoned R-4 or greater, incorporated
cities, and some rural areas zoned RA-2.5 or RA-5 (see Receivina Sites). Development rights may be
transferred into incorporated areas only where there is an interlocal agreement with King County in place
(see Receivina Sites).
A permanent conservation easement is placed on the sending site before density may be transferred off
to maintain the property in forestry, farming or other uses consistent with the policy goals of the Program.
Development rights may be transferred through private party transactions or under limited circumstances
they may be purchased by the TDR Bank.
For questions about TDR Program please contact Mark
Sollitto.
Related Information:
For questions about the Department of Natural Resources
Website, please contact Fred Bentler, webmaster.
Sustainable Building
Updated: Jan. 27, 2003
Agricadture TOpi($
http://dnr.metrokc.gov/wlx/tdr/overview.htm
11/2/2004
.tTogram Uverview - Transfer of Development Rights
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FQre$.try Topics
Kina County I Executive I Natural Resources and Parks I Water and Land Resources I News I Services I Comments I
Search
Links to extemal sites do not constitute endorsements by King County.
By visiting this and other King County web pages,
you expressly agree to be bound by terms and conditions of the site.
The details.
http://dnr.metrokc.gov/wIr/tdr/overview.htm
I 1/2/2004
Rural Cluster Development - Managing Growth and Maintaining the Rural Landscape
Page I of4
THE ST, CROIX VALLEY DEVELOPMENT DESIGN STUDY
.. Start PBge: (Table of Contents) ... Previous: (Oak Park Heiahts: Walkable Residential Deve!.) .. Next: (81. JoseDh TownshiD: Rural Cluster DevE
Rural Cluster
Development
Managing Growth and
Maintaining the
Rural Landscape
The beauty of the rural landscape draws
development, which in tum often destroys the
natural features that attract residents in the
first place. 'Clustering," also called Open
Space Development, is a preferable
alternative to large lot 'rural sprawl," which
consumes open space, privatizes all land,
and creates lots that are too small for farming
or meaningful habitat protection.
The cluster approach places development in
less sensitive areas while preserving forested
land, steep slopes, wetlands, prairies and
other ecologically or visually valuable
landscape features; it also helps to preserve
resources such as buildings or historic sites.
Typically 50 to 90 percent of a site area is
preserved in its existing natural or farmed
state, with individual house lots occupying the
remaining acreage.
Clustering can save infrastructure costs by
reducing the length of roads and utility lines in
new developments. Homes can be placed on
variable lot sizes on soils most appropriate for
septic tanks and drainage fields. Alternately,
water wells and sewage drain fields can be
shared, allowing them to be sited in
appropriate soils and placed at maximum
distances from one another.
Important considerations for rural cluster
development include consistency with county
Comprehensive Plans; whether clustering is
to be mandatory or voluntary; the types of
incentives to be offered; and the means of
protecting open space. The actual owner of
the open space may be a homeowner's
association, a local jurisdiction, or the original
owner.
The Regional Blueprint encourages cluster
development in the Penmanent Rural Area,
and cluster principles are an ideal way for
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Conventional Versus Cluster Development. Clusterinf
particularly appropriate in rural areas that wish to remain
accommodating additional growth. Plans from Rural By l
Randall Arendt, 1994.
Conventional Versus Cluster Development
The plan on the left, above, illustrates a conventional del
pattern, in which uniform-sized large lots (typically 2.5 ae
greater) blanket an entire development site, consuming!
and obliterating the distinctive, natural features that mad,
special place. The small pond at the center is hidden bet
lots, off-limits to most residents. In contrast, a cluster de\
plan (above. right) uses a greater variety of lot sizes (ger
to 1 acre in size) to accommodate the same number of u
preserving substantial areas as open space. The pond is
as an accessible amenity, linked with roadways to a trail.
connections and linkages between streets, travel distanc
shorter throughout the development. The sparse arrange
homes along the main roads on the perimeter, finally, all,
attractive, unobstructed view of the development's rural
surroundings.
http://www.metrocouncil.org/planning/stcroixvalley/ruratdev.htm
9/7/2004
Rural Cluster Development - Managing Growth and Maintaining the Rural Landscape
Page 2 of 4
Rural Growth Centers to maintain their village
character. "Temporary clusters" in Urban
Reserve Areas can allow initial development
on a portion of a SITe to transition to urban
densities over time.
Neighborhood Green. Homes are clustered around a
shared public space surrounded by working agricultul1
meadows. Hedgerows act as windbreaks and provide
and variety to the visual landscape.
Preserving Valuable Land. Planners
in Howard County, Maryland, produced
the graph at right to illustrate how the
percentage of land protected reaches
threshold at a base density of 5 acres
per unit. They thus concluded that the
greatest advantage in terms of land
protected can be achieved at this 5
acre density. (This assumes 1 acre
cluster lots, with an additional 25%
density bonus for clustering). From
Howard County, Maryland, Office of
Planning and Zoning.
Percentage of Development Parcels Protected At Various
Densities Through Rural Cluster Development
lOOt.
'g 80%
:;
!I
~ 60~
; ..o~
~
~ 2.0"
0'"
o
s
10
15
20
25
G..... D.mIl)' A.quI...,.j (.=sI_li~ unI~
Community-oriented Homes. Homes face onto a central green at a cluster dev
Stillwater Township. Windows, doors, and porches. rather than garage' doors. fac
green. The shared green functions as a neighborhood gathering place and a safl
supervised play area for children.
Hierarchy of Uses
http://www.metrocounciJ.org/pJanninglstcroixvalley/rural_dev.htm
9/7/2004
Rural Cluster Development - Managing Growth and Maintaining the Rural Landscape
Page 3 of 4
The diagram (at right) shows the hierarchy of
allowable activities and uses in cluster
development. Homes, garages, and other
structures occupy a small building "envelope" that
is clustered around a community green. Typically,
this green is owned and maintained through a
homeowners' association. Gardens, lawns, and
pets are permitted in a larger "active open space"
area within each lot.
The remainder and majority of each lot-typically
50 to 70 percent-is set aside as natural open
space, where activities are restricted to those that
do not disturb the natural landscape or habitat.
Beyond the private lots is the preserved natural
habitat or farmland (not shown). A land trust or a
public agency should maintain permanent control
over this land.
Na.turaI opef1 Sp~ce
(Acthoities restrictl!ld)
Active Open Space
(CoRWUaIGn. fences.
pats plmt!llttetfJ
6ui1ding 5~.
(Loc::atklnilndorianti.ti01'4
n::;trirnon;)
Co",mon 01>"" 51'0'.
(Nltur.lIle3Iwte:S
........J>05SIbIo)
Clustering Options
The plan at left shows several different styles and sizes of cluster d
The most valuable open space, with an existing pond and prairie, i,
its natural state.
Homes are clustered in groups ranging from about 5 to 30 homes.
has a central green, which functions as a gathering and recreation
community. Streets circulate around this space, providing convenie
and enhancing safety and the overall activity level.
Clusters are differentiated by their distinctive features. The cluster;
integrates an important community component through the incorpo
civic feature; in this case an interpretive center that showcases the
hab~at of the region. The large cluster in the middle, situated near'
of the area, includes an overlook that is linked to a trail system that
through the site. The clusters at the bottom of the drawing have loh
sufficiently large to allow small agricultural plots or additional open
Although the streets within cluster developments do not form an int
network, pedestrian paths and trails facilitate walking and cycling b
different neighborhoods and clusters. Clustering will not significantl
dependence on the automobile, since homes are still far from majo
schools, and offices, and it is difficult or impossible to serve the sm
clusters with transit. However, bicycling may be a viable alternative
some situations if a regional network of trails or bicycle-friendly roa
distances are not too long.
Open Space Design Development: A Guide for Local Government!
from the Metropolitan Council provides a Twin Cities perspective 01
development. It includes the Washington County cluster ordinance
resources for local planners.
THE ST. CROIX VALLEY DEVELOPMENT DESIGN STUDY
.. Start Page: (Table of Contents} .. Previous: (Oak Park Heiahts: Walkable Residentia! Devel.) II-' Next: 1St. Joseph Township: Rural Cluster Dev
http://www.metrocouncil.org/planning/stcroixvalley/rural_dev.htrn
9/7/2004
Rural Cluster Development. Managing Growth and Maintaining the Rural Landscape
http://www.metrocounci1.org/planning/stcroixvalley/rural_dev.htm
Page 4 of 4
9/7/2004
Planning - Projects - The Farmland and Natural Areas Project
Page 1 of2
( Herne rN;;.;&-E~~;-~~-)~~~lE.G;'-;;;~~-;;ni:r;;;~~;;]P"'Ei~~-oro~~
I ':low do I find.:: . . .:.if mmml j ~ I Wher........ ~
#.~
'C{;'I1N-':,.
Planning Home
Program Home
Fact Sheets
Program Guidelines
2004 FNAP
Pre-Application
Office of Planning
The Farmland and Natural Areas Program
~ Program Overview
The Farmland and Natural Area Program is a
Dakota County initiative addressing citizen
concerns about the loss of farmland and
natural areas throughout the county. Upon
completion of a multi-year planning effort,
Dakota County voters approved the sale of $20
million in bonds in November 2002 to fund the
program. Working farmland will be protected
through the donation or sale of permanent
easements from willing landowners. Natural
area protection will involve multiple partners in
the donation or sale of permanent conservation
easements or fee title from willing landowners.
~ Program Update
. A 34 acre easement in the City of
Eagan has been donated to the
County.
. A 9 acre property has been acquired in
the City of Eagan
. The County has successfully secured
$2.1 million in federal funds for
farmland - the first county in the state
to do so.
. Appraisals have been completed on
10 farmland easements totaling 1578
acres and negotiations have begun
with each land owner.
. Six natural area projects, totaling 632
acres are in varying stages of
progress.
. The program has received awards
from the National Association of
Counties, Minnesota Environmental
Initiatives and Association of
Minnesota Counties.
~ I News & Events I Countv Services I EmDlovment I E.Govemment I Site Index I Deoartments I Elected
Officials I Unks I Contact I PrivaCY Policv & Disclaimer
http://www.co.dakota.mn.us/p1anning/fnap/1ndex.htm
11/2/2004
Planning - Projects - The Farmland and Natural Areas Project
~,4~
Department of Information Technology Copyright C 2000
http://www.co.dakota.mn.us/planningifnap/Index.htm
Page 2 of2
11/2/2004
Planning
Page I of2
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Planning Home
Contact Us
Environment &
Natural Resources
Plan Update
Farmland & Natural
Areas Program
Floodplain Restudy
Planning
Commission
Spring Lake Park
Master Plan
Township Directory
Transportation
Information
Vermillion River
Watershed
On-line Documents
Other Projects
Office of Planning
Dakota County Parks Plan
ff]
Dakota County 2020
Parks and Open Space
Policy Plan, 1999
The Parks and ODen SDace Policy Plan is the primary plan document for Dakota
County Parks. It establishes specific policies for all county parks related to land
acquisition, facility development, funding, and management. The "Parks Policy Plan"
is a chapter within Dakota County 2020, the County's Comprehensive Plan, originally
prepared in 1970 and last updated in 1999. The Parks Policy Plan:
. Describes Dakota County's role as a regional park implementing agency
within the Metropolitan Parks and Open Space System
. Articulates the County Board Vision and Mission Statement for Dakota
County Parks
. Provides an inventory of all parks and open spaces within the County and
gives a progress update on acquisition of County park land,
. Analyzes recreational trends in this region,
. Describes the methods for inviting citizen participation in the planning
process and summarizes the key issues and recommendations that
citizens provided,
. Identifies five major goals for Dakota County Parks, and outlines policies
and strategies for reaching these goals
1. Assess public expectations for parks and open space
opportunities
2. Acquire and develop a premier system of parks and trails
3. Provide a safe and well-maintained park system
4. Preserve and restore natural resources within the parks
5. Provide outdoor education and recreation for park visitors
. Discusses future development plans for existing parks, possible new
additions to the park system, and the protection of park resources
through policies and ordinances.
http://www.co.dakota.mn.us/planning/parksplan!openspace.htm
11/2/2004
Planning
Page 2 of2
The Parks Policy Plan addresses changes in the County and in park use trends that
occurred since the previous plan update in 1992, including substantial population
growth and the increasing popularity of trail activities (hiking, cycling, inline skating).
The Parks Policy Plan called for the development of three additional plans: The
Parks Svstem Plan, the Natural Resource Manaaement Plan. and the Outdoor
Education Plan, which can be considered offshoots of the Policy Plan.
The Parks and Open SDace Policv Plan (PDF:7418KS/92 pages)
~ I News & Events I County Services I Emolovment I EooGovemment I Site Index I Deoartments I ~
Officials I Links I Contact I F'rtvacv F'olicv & Disclaimer
~~
Department of Information Technology Copyright fCl2000
http://www.co.dakota.mn.us/planning/parksplanlopenspace.htm
11/2/2004
Elk River Natural Resource
Inventory and MLCCS
Mapping
~_II
Findings
. 1412 Natural and semi-
natural areas mapped,
representing 13,570
acres (21 square miles)
. Natural Areas
. 9038 acres (14 square
miles)
. Largest: 383 acres
. Smallest: .25 acres
Findings: Notable Sites
. Gun Club Barrens Prairie,
forest, and savanna
complex
. Wetland Complexes in
NW comer
. City-owned natura! areas
(parks)
. Numerous poor fens, dry
prairies, oak forests and
Tamarack Swamps
Background and Methodology
. Field work completed in August and September,
2004
. Sites where access was granted were checked on
the ground
. Other sites checked from the edge, from a distance,
or assessed from the aerial photographs.
Findings: Natural Community Quality
. Natural Areas Are in
Good Condition
. 32 High Quality
. 85 Good Quality
. 145 Moderate Quality
. 81 Low Quality
. 440 Quality
Undetermined
Findings: Rare Species
. Sea-beach needle
grass (Special Concern)
. Creeping Juniper
(Special Concern)
. Beach Heather (Special
Concern)
. Arrow-leaved tearthumb
(Tracked but not listed)
.
~
utJ
1
Greenway Corridors: Preliminary
Concept
. Conceptual
GreenwayslOpen Space
Corridors
. High and Moderate
qWllity natural areas
. Adjacent semi-natural
areas
. Water and large wetland
complexes
. Naturally occurring
corridors
. Logical links between
Iheabove
Zoning and Subdivision Ordinances
andtbeNRI
. NRI provides valuable data for shaping the
community's future
. Land use
. Subdivision design
. Infrastructure
Zoning and Subdivision Ordinances
andtbeNRI
. Existing
ordinances can
integrate data so
it is used in
shaping
development
TtMtHelgra",
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City 01 CMo"
Greenway Corridors: Considerations
for Further Planning
. Public input and technical guidance
. Defining featuresJanchor points
. Public ownership
. Remnant natural areas
. Water and wetland features
. Connectivity
. Semi-natural areas as connections, buffers
. Restoration of natural/semi.natural areas where
needed
. Recreation opportunities
Recommendations: Zoning and
Ordinance Review
. 3 levels of approach:
. Update existing ordinance
. Add new ordinances
. Adopt Comprehensive Environmental
Conservation Zone
Zoning and Subdivision Ordinances
and the NRI
. Ordinances can provide incentives or regulate
development to implement the City's goals for
natural resources
2
Management/Conservation
Opportunities: 4 Categories
. City Owned Properties
. HistoricaVRecreation
Properties
. KeJleyFarm
. Elk River Sportsmen
Club
. Developing Properties
. Alternative Development
Strategies
. Parcel identification
. Private Parcels unlikely to
develop further
. Conservation Easements
Many Opportunities Ahead
. High quality resources present numerous
opportunities to balance growth and natural
resources creatively and effectively
. Excellent timing for NRI!
'-I_II
3