CHAPTER THREE (Part C)
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Note to Readers: Given the size of Chapter 3, the file has been divided
into three parts. You can access the different parts from either the links
provided below or from the main table of contents.The Montgomery County Open-Space
Plan was never officially adopted by the Board of Supervisors. The text and
supporting materials are being provide as a service, but the plan does not
represent current policy.
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TECHNIQUES AND TOOLS
- INTRODUCTION (Part A)
- TOOLS CURRENTLY USED BY THE TOWN OR THE COUNTY (Part B)
- TOOLS NOT CURRENTLY USED BY THE TOWN OR THE COUNTY (Part C)
Changing the Shape of Tomorrow's Development
III-1. GOVERNMENT-INITIATED TOOLS
CURRENTLY NOT USED BY THE TOWN OR COUNTY
GREENWAY-CORRIDOR PLAN
A greenway is a linear section of undeveloped land
that generally follows a defined resource, such as a stream, ridgeline, or an abandoned
rail line. Greenway planning attempts to identify resource corridors and then create
a linkage pattern that connects them. In Montgomery County, work toward the development
of the Huckleberry
Trail (a linear park that will connect Blacksburg and Christiansburg) represents
a greenway corridor along an abandoned railroad right-of-way.
Greenway-corridor plans have become increasingly
important as long-range planning tools in many areas of the United States as a means
for:
- increasing nonmotorized transportation routes
that provide more varied and less polluting means of transportation;
- supplying a popular recreational facility;
- preserving wildlife habitat and migration corridors;
- establishing protective buffers along fragile
resource corridors;
- establishing buffers of green space between different
land uses; and
- providing recreational linkages between various
recreational facilities.
The Town of Blacksburg initiated a system of bicycle
and pedestrian trails in the 1970s to help transport students and faculty to Virginia
Tech and alleviate the Town's parking problems. These nonmotorized transportation
corridors have become the base components of a greenway plan for the Town. Recent
plans have also initiated a greenway in the South Main Street section of Blacksburg.
These projects and the Huckleberry Trail show how greenway planning has begun to
take root in Montgomery County.
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Greenway-Corridor Plans: Strengths and Limitations
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Strengths of Greenway-Corridor
Plans
Once implemented, greenway-corridor plans
can enhance property values and economic-development opportunities.
In the broadest sense, greenway corridors
provide jurisdictions with an opportunity to form ties between different open-space
lands, creating an open-space network. This network would ensure cultural,
aesthetic, and environmental benefits to the community not found in a more
fragmented approach to open-space management.
Greenways provide the benefits listed
above without hindering future growth and development.
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Limitations of Greenway-Corridor
Plans
Greenways may require permission of landowners
for corridor access.
The purchase of corridor lands may be
necessary.
Greenways require care and maintenance.
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LARGE-LOT ZONING
Large-lot zoning, also known as low-residential zoning,
has been a popular type of zoning technique throughout the State. Lot sizes traditionally
have ranged from one housing unit per five to twenty acres. The perceived utility
of large-lot zoning is based on the theory that, by limiting development density,
the open-space and agricultural character of an area can be preserved.
Montgomery County and Blacksburg do not have large-lot
zoning ordinances. Localities in Virginia that have this zoning include Fauquier
County, Fairfax
County, and Rappahannock County.
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Large Lot Zoning: Strengths & Limitations
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Strengths of Large-Lot Zoning
Lot sizes of five to twenty acres can
be easily accommodated in wooded landscapes with little environmental or aesthetic
impact, provided limited clearing of the forest takes place and houses are
sensitively sited and designed.
Large lots do preserve open space for
backyard recreation and do minimize housing density.
Large lots may protect critical resources
(for example, nonpoint pollution entering waterbodies) if development does
not occur adjacent to these resources.
Adding large-lot zoning to a zoning ordinance
does not require a major revision of the ordinance or significant staff time
for enforcement.
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Limitations of Large-Lot Zoning
Large-lot densities are often a waste
of rural land. Open agricultural land is fragmented into large lots, producing
parcels of land that are often "too large to mow and too small to actively
farm."
Large-lot zoning requires extensive road
networks and infrastructure.
Large-lot zoning may eventually deplete
or pollute groundwater supplies because they are too close together for well
and septic systems and too spread out for central utilities.
If land prices are high in a community,
large-lot zoning may discriminate against lower-income groups.
Large-lot zoning may cause a substantial
reduction in property values and the profitability of land development.
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PERFORMANCE ZONING
Performance zoning is a relatively new and flexible
zoning technique designed to evaluate development on a project-by-project basis.
The process involves preparing a detailed analysis of existing conditions in the
area, and estimates the impacts of development on community facilities, the environment,
local economic conditions, and any other standards established by the community.
Based on this evaluation, points are assigned to a proposed development for each
standard previously set by the community. Based on the points received, the development
is approved or disapproved. One of the goals of performance zoning is for the developer
to show that development will not cost the community more than it will produce in
taxes and income.
Performance zoning is not used in Virginia, but communities
in New York, New Jersey, and Pennsylvania have had mixed success with it. Bedford
County, Virginia, does use a zoning technique named Land Use Guidance System (LUGS).
Similar to performance zoning, LUGS uses a point system to rate developments, and
no zoning districts are assigned. LUGS is a modification of performance zoning in
that it relies heavily on public workshops to formulate point totals for a proposed
development.
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Performance Zoning: Strengths and Limitations
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Strengths of Performance Zoning
In contrast to "traditional" zoning districts,
performance zoning allows the market conditions of the community, the environmental
factors on a site, and the surrounding land use to decide the type of development
that should be in an area.
Set criteria mandate an impartial evaluation
of all projects.
If well framed, performance zoning can
save a community money in the future by not having to correct problems caused
by poor development.
Allows developers flexibility when they
are planning uses for land.
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Limitations of Performance
Zoning
Landowners accustomed to traditional limited-use
zoning may be opposed to having the potential for mixed uses around their
property.
Performance zoning requires the jurisdiction
and developer to perform in-depth analyses before beginning construction;
these analyses take time, money, additional staff, and increased staff expertise.
Environmental and economic impacts of
a project may be difficult to quantify.
Performance zoning is only as good as
the established evaluation criteria. How well it works depends on whether
these criteria are followed by local officials.
As with most zoning techniques, performance
zoning lasts only as long as the political will exists for its continuance.
Performance zoning is relatively new and
untried; thus many "bugs" still need to be worked out.
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RIGHT-TO-FARM LAWS
Right-to-farm laws are intended to conserve, protect,
and encourage farming and forestry in a state or community. These laws or ordinances
protect farm and forestland owners from certain legal actions against farming and
forestry impacts, such as odors, noise, flies, dust, and other externalities associated
with these activities. Forty-seven states, including Virginia, have enacted right-to-farm
laws. Virginia's
Right to Farm Act (Code of Virginia Title 3.1, Chapter 4.5) prevents
farming and forestry activities that have been established for more than a year
from being charged as nuisances by adjacent landowners. However, the Virginia Act
does not close the door on nuisance suits against farm and forest landowners. For
a nuisance to be considered, the Virginia Right to Farm Act requires the plaintiff
to provide evidence of negligence or improper operation of a farm or forest. Neighbors
also can bring nuisance suits against farm or forest owners who change their operations
significantly.
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Right-to-Farm Laws: Strengths & Weaknesses
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Strengths of Right-to-Farm
Laws
For established farm and forest landowners,
these laws provide some protection from newcomers who do not like the annoyances
(odors, flies, noise) associated with farming or forestry.
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Limitations of Right-to-Farm
Laws
The laws do not prevent nuisance lawsuits
against farm and forest landowners. They contain loopholes that allow the
finding of negligence or improper operation on the part of a landowner.
Depending on how "significant changes
to the farm operation" is defined, nuisance suits may be loosely applied to
any farm or forest landowner who changes technology or methods (for example,
a new manure-spreading operation or use of bigger, heavier machinery).
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RESOURCE-BUFFER AND SETBACK
PROVISIONS
Buffers and setbacks are common planning tools used
to achieve a variety of planning objectives, some of which relate to resource protection.
Buffers and setbacks can be used for visual enhancement, protecting farmers from
adjacent  nonconforming
uses, or protecting waterbodies from nonpoint-source pollution. Setbacks require
structures to be located a specified distance from a resource. The setback may be
a uniform distance from the resource (fifty feet from a stream), or it may be a
variable distance depending on the resource and its surrounding features (setback
from a stream determined by slope of adjacent land, soil type, size of the stream).
Buffers differ from setbacks. "Buffers" imply that something (typically vegetation)
must be within the buffered area to protect the resource physically (plants to filter
nonpoint-source pollutants). The amount of protection afforded by buffers and setbacks
depends on the uses allowed and restrictions within the buffered or setback area.
Blacksburg and Montgomery County both have common
setback provisions for structures within their respective zoning ordinances. Neither
community has buffers or setbacks designed solely to protect resources and/or open
space. Several Virginia localities do have resource-based setback and buffer restrictions.
For example, Albemarle County requires buildings and septic tanks near reservoirs
to be set back 200 feet from the edge of the 100-year floodplain and 100 feet from
the edge of any tributary stream.
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Buffers and Setbacks: Strengths and Limitations
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Strengths of Buffers and Setbacks
Buffers and setbacks can provide significant
resource protection if the proper distances are chosen.
A greenway system may develop by linking
lands through the various setbacks and buffers required.
Because buffers and setbacks are commonly
used in zoning ordinances, developers, landowners, citizens, and politicians
should be familiar with them.
In most cases, buffers and setbacks will
not obstruct the ability to develop a parcel of land; rather, they will provide
a design constraint.
Buffers and setbacks may enhance the attractiveness
of a property and add to its value.
Buffers and setbacks are easily incorporated
into existing traditional land-use controls.
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Limitations of Buffers and
Setbacks
Buffers and setbacks may appear arbitrary
if a uniform distance is used for the setback and buffer requirements.
Certain uses that are prime contributors
to the degradation of a resource may be exempt from the buffer and setback
requirements.
Provisions for buffers and setbacks are
in place only as long as the local political will exists.
A combination of a small lot and large
buffer may reduce the development potential of a parcel.
Buffers and setbacks may require additional
enforcement personnel.
Enforcement may be difficult when nonuniform
setbacks are imposed or where the points of measurement are difficult to determine.
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SLIDING-SCALE ZONING
Sliding-scale zoning is often used to protect rural character,
critical resources, and agricultural land. The sliding-scale approach lowers
the permissible density of development as the acreage of the lot being subdivided
increases. For example, a 20 acre lot under sliding-scale zoning could be subdivided
into 2 lots, but a 100 acre tract may only be subdivided into 4 lots, and a 500 acre
tract may only be divided into 10 lots. In most cases, the permissible density under
sliding-scale zoning is based on certain physical and ecological characteristics.
Typically, the permissible density is determined by the level of importance the community
places on a zone to be protected (based on factors such as quality of the soil for
farming, slope, distance to surface waters, presence of wetlands). The greater the
importance the more the density declines on a sliding scale. The effectiveness of
this technique depends on assigning the appropriate low density to areas of open-space
concern.
Sliding-scale zoning is implemented by way of the
conventional local zoning ordinance. Additional local review will be needed to ensure
that densities are calculated based on appropriate physical features (and to verify
the presence or absence of these features on a parcel or lot).
Montgomery County and Blacksburg do not currently
have sliding-scale zoning. In 1981, Highland County, Virginia, adopted a sliding-scale
approach to single-family-home development in its agriculture-zoning district (A-1).
The stated purpose of Highland's A-1 district is to "maintain and promote the rural,
agricultural, forestal, and open space character of the land in the A-1 zone." The
Highland sliding-scale approach limits the number of single-family units allowed
on a 14.99 acre tract to 1, and 11 units are permitted on 500 plus acre tracts.
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Sliding Scale: Strengths and Limitations
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Strengths of Sliding-Scale
Zoning
Areas of open space and resource sensitivity
may be zoned with low density restrictions.
Flexibility is high.
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Limitations of Sliding-Scale
Zoning
Reduction in property values may result
on properties where density restrictions require a "downzoning" from the current
density levels of permissible development.
Tracking compliance with sliding-scale
zoning is complicated by the number of sliding-scale density zones (usually
twenty to thirty permissible density categories).
Sliding-scale zoning requires extensive
staff time and expertise.
Extensive mapping of resources may be
necessary before implementing sliding-scale zoning.
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STEEP-SLOPE PROVISIONS
 Construction
on steep slopes (greater than 25%) may cause severe soil erosion, sedimentation,
water pollution, negative impacts on views of ridgelines, and septic-disposal problems.
However, the existence of steep slopes does not preclude development. Factors such
as the soil type, geology, and amount and character of vegetative cover play a large
role in determining the amount and density of development on slopes greater than
25%. Localities containing steep slopes that are "sensitive" to development sometimes
take measures to protect these areas. This protection can be implemented through
overlay districts, zoning provisions, or subdivision regulations. Some communities
have an outright ban on development of all slopes greater than 25%; others limit
the amount of land allowed to be disturbed. Still other communities restrict the
amount of development on steep slopes based on factors such as soil type, geology,
and vegetative cover.
Montgomery County and Blacksburg do not have steep-slope
provisions in any of their ordinances or regulations.
Albemarle County, Virginia, has a steep-slope ordinance
that allows lots but prohibits buildings and septic systems on portions of a lot
that have slopes over 25%.
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Steep-Slope Provisions: Strengths and Limitations
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Strengths of Steep-Slope Provisions
Steep-slope provisions may protect critical
resources and provide open space to a community.
Steep-slope provisions may be implemented
through a variety of means (subdivision ordinances, zoning regulations, and
overlay districts).
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Limitations of Steep-Slope
Provisions
Because a slope is greater than 25% does
not necessarily mean that development will cause damage to critical resources.
Extensive engineering and design may produce
low-impact development in areas of steep slope.
Steep-slope provisions are enforced and
last only as long as the political will exists to protect the resources.
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STORMWATER-MANAGEMENT STANDARDS
 Stormwater-management
standards regulate the quantity and quality of runoff allowed from development.
The Code of Virginia (Title 10.1, Chapter 6, Article 1.1) provides an
optional stormwater-management program to localities under the requirements
of the State Stormwater Regulations. The optional stormwater-management program
is mandatory for cities with populations over 100,000 and State institutions,
such as Virginia Tech. The requirements of the stormwater-management program include
the following: post-development runoff must be maintained at or lower than pre-development
levels; building permits may not be issued until a stormwater-management plan is
approved; and technical analyses, such as current and projected runoff volumes,
velocities, and downstream impacts, must be performed. In addition, localities can,
with limitations, establish stormwater-management programs more stringent than the
State requirements. One method of stormwater management involves constructing retention
or detention basins that hold runoff. These basins or ponds can be designed to provide
open-space amenities while at the same time protecting the water quality by slowing
runoff and reducing pollutant levels.
Although there are stormwater components to Blacksburg
and Montgomery County's erosion- and sediment-control ordinances, neither locality
has adopted the optional stormwater-management ordinance. However, some of the developments
in the two jurisdictions are beginning to use the stormwater components of the erosion-
and sediment-control ordinance to create open-space areas. Larger localities in
Virginia are beginning to address stormwater quantity and quality issues because
of EPA regulations, and many of these jurisdictions will likely tie their ordinances
to the provision for open space.
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Stormwater-Management Standards: Strengths & Limitations
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Strengths of Stormwater-Management
Standards
Stormwater-management standards can reduce
nonpoint-source pollution in addition to preventing flash flooding.
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Limitations of Stormwater-Management
Standards
Effectiveness varies depending upon technique
utilized.
Extensive watershed studies are required
to initiate stormwater-management standards.
Stormwater-management standards increase
the costs of development and add to maintenance costs.
Stormwater-management standards require
a community to have staff and expertise necessary to review and enforce stormwater-management
plans.
Stormwater-control structures require
regular maintenance to ensure that they will not fail.
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TRANSFER OF DEVELOPMENT RIGHTS
(TDR)
 TDR
is a relatively recent planning tool, designed to protect sensitive areas from development
by permitting or requiring the transfer of development from a location deemed unsuitable
to a location considered more appropriate. TDRs can be established as either voluntary
or mandatory. In both voluntary and mandatory TDR systems, sending zones are established
where development is discouraged, and receiving zones are identified where high-density
growth is encouraged and accommodated. Landowners within sending zones are allowed
to sell development rights to landowners within the receiving zones. By purchasing
development rights, landowners within receiving zones are able to develop at densities
greater than those permitted under the conventional zoning ordinance. Under a mandatory
TDR system, landowners in the sending zones would have severe development restrictions
placed upon their land. These restrictions would be offset by the ability to sell
development rights to landowners in receiving zones that wish to develop at a high
density.
TDR is currently not permitted in Virginia, but a
few localities in states such as Maryland and New Jersey have attempted TDR programs
with mixed success. It is still an evolving concept that appears to work with the
proper preparation and public involvement.
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Transfer of Development Rights: Strengths and Limitations
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Strengths of TDR
TDR attempts to avoid the "taking" issue
by allowing landowners with severe restrictions on their property to sell
their development rights.
TDR can be very successful at protecting
critical resources and providing open space in sending areas.
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Limitations of TDR
Although simple in concept, TDR requires
a great deal of administrative planning and management to solve complex issues
(for example, for a TDR to work, a development-rights bank must be established
to purchase development rights when willing buyers are not in the market).
Additional planning staff is required
to implement the complex programs associated with TDR.
If TDR is voluntary it is almost certainly
doomed because it will rarely be used. If made mandatory, the TDR program
will have to be very well planned and implemented, or it will fail because
of landowner and political dissatisfaction.
Landowners in receiving areas may be subjected
to increased traffic, noise, loss of open space, and higher densities than
allowed under traditional ordinances.
Receiving areas must have the necessary
infrastructure in place to withstand the increased development pressures.
TDR programs last only as long as the
political will exists to encourage them.
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URBAN GROWTH BOUNDARIES
 A
simple version of an urban growth boundary (UGB) consists of a perimeter "drawn"
around an urbanized area, within which urban development is strongly encouraged,
and outside of which development is limited. Within the urban-growth area, urban
services and facilities are provided to accommodate ten to twenty years of future
growth. UGBs are used for two purposes: (1) to promote compact and contiguous development
patterns that can be efficiently served by public services, and (2) to preserve
open space, agricultural land, and environmentally sensitive areas that are not
currently suitable for urban-style development.
Oregon currently has a stringent UGB measure that
allows localities to prevent almost all development outside their designated urban-growth
areas. Most Virginia localities designate urban-growth districts, but the implementation
is not as restrictive as Oregon's measure. Virginia's urban-growth districts are
areas where land-use controls and capital investments are focused.
One example of a stringent UGB in Virginia is Virginia
Beach's "green line," which limits infrastructure and places strong development
restrictions on the southern section of the city. The northern portion is designated
as a growth area and all necessary infrastructure is provided. The "green line"
is still in effect in Virginia Beach, but because of political manipulation caused
bylandowner discontent, the geographic location of the "line" has been altered.
Changing the location of the "green line" by landowner request suggests that the
Virginia Beach local government has set a precedent that will ultimately weaken
the UGB concept there.
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Urban Growth Boundaries: Strengths and Limitations
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Strengths of UGBs
UGBs encourage compact, orderly development
in areas most suitable for growth, while discouraging intense development
in unsuitable areas.
UGBs can protect valued resources such
as water, wetlands, scenic views, and farmland.
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Limitations of UGBs
UGBs can be difficult to implement administratively
and politically.
When strongly implemented, landowners'
rights to develop can be severely curtailed.
If UGBs are implemented incorrectly, court
cases may follow.
Growth that does occur outside the UGB
boundaries may not be resource sensitive unless protection strategies are
in place.
If only the provision of urban
services is employed to promote growth within a UGB, then considerable development
outside the UGB is still likely to occur.
UGB boundaries are susceptible to change
through political pressures.
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STATE SCENIC-RIVER DESIGNATION
The Scenic
Rivers Act was passed by the Virginia General Assembly in 1970. This Act authorized
the establishment of a scenic-river system for the purpose of identifying, protecting,
and preserving certain rivers, or sections of rivers, that possess natural or pastoral
beauty. The designation provides certain protection for these rivers and gives owners
of riverfront land and other local citizens a greater voice in government actions
that might adversely affect their river. The State has so far designated segments
of 17 rivers (a total of 346 miles) as scenic.
Sections of both the New and Little Rivers that run
through Montgomery County have been studied and found to be worthy of Scenic-River
status (see 1989 Virginia Outdoors Plan). When proposed to the Montgomery County
Board of Supervisors in the Spring of 1992 this designation for the Little River
was not recommended because of citizen dissatisfaction.
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State Scenic-River Designation: Strengths and Limitations
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Strengths of State Scenic-River
Designation
Designation highlights the river as an
outstanding natural resource.
Scenic designation requires authorization
by the General Assembly for the construction, operation and/or maintenance
of any structure, such as a dam, that will impede the natural flow of a designated
river.
Scenic designation requires the Governor
to appoint an advisory committee of local individuals. This gives riverfront
landowners and local citizens greater say in federal or state projects that
may affect the river.
Tourism attracted by the designation could
benefit the local economy.
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Limitations of State Scenic-River
Designation
Some may view designation as government
intervention.
Designation may bring more visitors to
a resource that is sensitive to human uses.
Increased tourist use of the river may
negatively affect adjacent landowners.
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III-2. LANDOWNER-INITIATED TOOLS CURRENTLY
NOT USED BY THE TOWN OR COUNTY
INCENTIVE ZONING
Incentive zoning, also named bonus zoning or density
bonus, provides incentives for developers to incorporate design features desirable
to the community (maintenance of water-resource protection, scenic views, resource
setbacks and buffers, recreational trails). The incentive for providing these amenities
is typically that of allowing a developer to build at a greater overall density
than permitted under the zoning ordinance or to reduce parking requirements for
commercial establishments. Other incentives used by some communities include relaxing
setback requirements, reducing landscape requirements, increasing floor-to-area
ratios, and increasing permitted signage (for commercial developments).
Montgomery County and Blacksburg do not have incentive
zoning. James City County, Virginia, has incentive zoning that permits the granting
of 2.5% to 10% density bonuses. Density bonuses are given for creating scenic easements
along any road designated by the comprehensive plan as a greenbelt, providing buffer
areas around marshes, preserving archeological or historic sites, and protecting
habitats for rare or threatened species of plants or wildlife. Density bonuses in
James City County are granted only when the increased density will not impair the
character of an area or reduce the value of surrounding property.
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Incentive Zoning: Strengths and Limitations
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Strengths of Incentive Zoning
Incentive zoning is voluntary; thus it
does not infringe on landowner rights.
Greater design flexibility can be granted
to the developer who provides amenities to the community.
Open space and important resources can
be protected under incentive zoning.
Incentive zoning does not impose any direct
costs on landowners and developers.
Incentive zoning requires minimal modification
to the existing regulatory framework.
Implementation of incentive zoning is
relatively simple.
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Limitations of Incentive Zoning
Incentive zoning is not mandatory; thus
there is little assurance that desired project designs will result.
The incentives offered -- higher densities
or reduced parking -- may not be sufficient for a developer to change the way
things have always been done.
Adjacent landowners often frown upon density
increases.
Local politicians and planners must be
careful to address adequately the impacts of greater density on the existing
infrastructure (increased traffic, sewer use, and waste disposal).
Incentive zoning may be construed as undermining
the local comprehensive plan.
Careful analysis of local market conditions
is necessary to determine whether and to what degree a bonus incentive will
actually result in the desired community amenities.
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BARGAIN SALES
Bargain sales and other donative transactions are
the primary tools that land trusts and public charities use to acquire land. A bargain
sale is the conveyance of land at a price below its fair-market value.
Selling property to a public charity or government
entity at a bargain price is tantamount to making a gift, or charitable contribution,
to that organization. The value of the gift is the difference between the appraised
fair-market value of the land and the sale price. Bargain sales offer several important
tax benefits including:
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Bargain Sales: Strengths and Limitations
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Strengths of Bargain Sales
Bargain sales offer an excellent way to
acquire important properties, for both governments and public organizations
(land trusts), by providing a reduced purchase price to the buyer and often
significant tax savings to the seller.
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Limitations of Bargain Sales
A bargain sale may not provide significant
benefit to a seller who has owned a property for only a short period (since
the property may not have increased much in value), thus limiting the capital-gain
savings.
A bargain sale requires a seller who is
willing to pay the appraisal costs and undergo the I.R.S. scrutiny of a donative
sale.
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INCOME TAX
Charitable contributions are deductible, subject to
certain limitations, from the donor's adjustable gross income. This situation can
significantly reduce income-tax liability and improve cash flow in the year the
gift is made, and possibly during the five succeeding years as well.
CAPITAL GAINS
If the land has appreciated in value, a bargain sale
-- in addition to the benefits of a charitable contribution -- can reduce or offset
capital gains, further improving cash flow.
Given these benefits, a bargain sale may leave a
landowner in the same financial position as an open-market sale and eliminate the
costs associated with land ownership. If there is a sluggish market that prevents
property sale, or if there is a large difference between the current sale price
and the appraised value, a bargain sale can relieve the owner of certain financial
burdens (interest, insurance, maintenance costs, and property-tax payments). Combining
these financial benefits with tax benefits from a bargain sale, a landowner can
be compensated at a level nearly equivalent to a fair-market-value sale.
LAND TRUSTS
Land trusts are nonprofit groups that protect land
directly through gifts, purchase, conservation easements, or other methods. They
may also be involved in land-conservation education and advocacy. Land trusts operate
in rural, urban, and suburban areas, protecting wetlands, coastlines, farmland,
natural areas, urban gardens, trails, and other special places. Their focus may
be local, regional, or statewide.
Virginia land trusts include The Virginia Chapter
of the Nature Conservancy (TNC), the Chesapeake Bay Foundation, and the Lower James
River Association. The principal purpose of land trusts is to protect specific properties
or natural- and cultural-resource areas by acquiring full or partial ownership rights
to them.
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Land Trusts: Strengths and Limitations
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Strengths of Land Trusts
Land trusts are nongovernmental, conservation
organizations that are not subject to political sway and usually do not involve
public funds for their support.
Land trusts are generally able to move
more quickly and with less red tape in important land-acquisition endeavors.
Land trusts usually own and monitor properties
and conservation easements, thus relieving local, county, and state government
of such responsibilities.
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Limitations of Land Trusts
Land trusts are generally limited by internal
policies that dictate the geographic area and types of conservation projects
in which they are interested (TNC acquisitions are limited to rare- and endangered-species
habitats, and the New River Land Trust to purchases in the New River Watershed).
Land trusts often operate on minimal financial
resources and with limited or no full-time staff, a situation that curtails
their ability to accept many projects at a time.
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OTHER INDIVIDUAL ACTIONS
The measures listed in Tables 3.1 and 3.2 and described
in this chapter represent both active and passive land-management techniques. Managing
open space may involve one or more of these techniques depending on the needs of
the Town or County. However, an equally important component of management is embodying
the community spirit that is central to open-space planning.
There are a number of programs implemented by state
and local agencies that reflect this sense of community. Examples include the: All-American
City Awards, Certified Tree Farm Program, Forest Stewardship Program, and National
Register Historic District Designation.
These programs are national or statewide in scope.
Local recognition programs can also be developed around open-space initiatives,
just as the Town and County annually recognize outstanding businesses through an
industrial-appreciation program.
© Montgomery County Department of Planning
Last Updated 19 September 2001
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