Substantial State Investment
The foundation of an effective
land conservation program is strong fiscal commitment on the part of
the state government through a stable revenue source. Substantial and
direct state investment fosters program development and long-term vision.
Some existing state programs rely on a single revenue stream, while
others use a combination of dedicated revenue sources. Commonly utilized
revenue sources across the county are general obligation bonds (California,
Maine, and Ohio), budget appropriations (Arizona, Utah, Montana, and
North Carolina, ), lottery proceeds (Colorado, Minnesota, and Oregon),
sales taxes (Arkansas, Minnesota, Missouri and New Jersey), real estate
transfer taxes (Florida, Maryland, Delaware, Hawai'i, and Washington),
and a deed-recording fee (New Hampshire, Massachusetts). Other state
revenue sources include license plate revenues, hunting and fishing
license fees, and hotel/motel taxes.
Federal and state governments
are limited, in high demand, and by themselves cannot meet land conservation
needs. Accordingly, state-enabling legislation that allows communities
to fill in the gaps for land conservation funding is crucial. When states
provide local governments with the legal authority to tax and dedicate
revenues for land conservation, local dollars and local control are
expanded. Common local financing options include the property tax, local
option sales tax, general obligation bonds, real estate transfer taxes,
special assessment district fees, and budget appropriations.
State incentives for local
land conservation strengthen partnerships between state and local governments
and nonprofit entities. These catalysts, often in the form of matching
grants and low-interest loans, encourage local governments and nonprofit
conservation organizations to develop programs and create financing
mechanisms to leverage state funds.
Purchase of Development Rights
(PDR) is an effective device for permanent open space and farmland protection.
Under a PDR program, landowners voluntarily place easements on their
property in exchange for payment. To support PDR programs, states may
pass PDR enabling legislation, work cooperatively with local governments
to purchase easements, appropriate funds to local governments and nonprofits,
and increase support for land conservation. A PDR program helps maximize
conservation dollars while allowing for continued private land ownership.
Partnerships between governmental
entities and private, nonprofit organizations join private desires and
public goals to protect natural resources, leverage scarce conservation
resources, and broaden the base of support for land conservation. Potential
partners include land trusts, neighborhood and community groups, foundations,
national conservation organizations, and landowner groups.
State laws can provide income or other tax credits to private landowners who donate land or easements to public or private, nonprofit entities for land conservation purposes. Tax incentive programs offer a strong supplement to other open space funding programs by encouraging private, voluntary land conservation. In particular, when combined with existing federal and state charitable deductions, conservation tax credits may make conservation a more attractive option for landowners over development. Tax credits may be targeted to state-specific objectives such as wetlands or farmland protection. The following states have enacted land conservation income tax credits: California, Colorado, Connecticut, Delaware, Florida, Georgia, New Mexico, New York, North Carolina, South Carolina and Virginia.
Partnerships between the federal government and state and local governments optimize scarce dollars and boost local land conservation activity. Federal programs such the Land and Water Conservation Fund, Forest Legacy Program, Farm and Ranch Lands Protection Program, and Coastal and Estuarine Land Conservation Program encourage state and local governments to become actively involved in land protection by providing matching funds for the purchase and protection of recreation lands, forest lands, farm and ranch lands, and coastal and estuarine lands, respectively.