A municipality may express an interest in acquiring specific land (or easements thereon) for trails, streets, parks, open space networks and other public purposes by establishing an “official map” that “reserves” this land. If a landowner seeks to develop reserved land, the municipality has a year to pursue acquisition of the land from the owner before the owner may freely build or subdivide.

Summary

A municipality may more effectively provide for future trails, parks, networks of open space, road improvements, or other public uses by identifying the location of key public grounds and infrastructure in advance of the public’s need and reserving the necessary land on an official map. By reserving the land, the municipality expresses its intent to acquire that specific land at some future date. This expression of intent does not affect existing property ownership; landowners still own and control their land. However, the owners are constrained in building on, subdividing or otherwise developing the reserved land until (1) they receive a special encroachment permit or (2) they provide written notice of intent to develop and then allow the municipality up to a year to acquire the land from them.

The municipality and landowner may negotiate the sale of the reserved land or an easement, or they may agree to an alternative approach that will still meet the public need. If negotiations fail, the municipality may use its powers of condemnation, although municipalities rarely exercise these powers. If the municipality does not acquire the land within a year of the notice, the reservation lapses and the owner is free to build or subdivide following the normal regulatory process.

Track Record

Sixty-four or more Pennsylvania municipalities and one county have adopted official maps as of early 2011. Most officials surveyed from these local governments indicated that they believe the planning tool is a worthwhile and effective means of securing lands for future needs.

Typical End Users

A county or local municipality that has enacted a comprehensive plan and has a clear sense of where future parks, trails, streets or other public infrastructure and areas will be needed.

Conservation Impact

• The official map greatly increases the likelihood that key conservation resources will be protected by enabling the municipality to reserve land for future parks, trails, greenways and other recreational and conservation purposes without having to immediately commit to purchasing the land or easements.
• In developing an official map, a municipality effectively prioritizes its acquisition needs, enabling it to focus its resources on properties that are most important to the community.
• When integrated with Growing Greener: Conservation by Design and/or Transfer of Development Rights zoning, the overall conservation value delivered is greater than what these tools would deliver independently.

What You'll Need

• A comprehensive plan (and preferably solid zoning and subdivision ordinances that are consistent with the comprehensive plan).
• Willing and committed municipal board and planning commission members as well as legal counsel.
• Official maps are commonly backed by a funding mechanism whereby a municipality has the financial wherewithal to support its map designations when the time comes.

Obstacles and Challenges

• Landowners, developers and others may have strong concerns that the municipality will use condemnation powers to acquire land reserved on the official map when, in reality, condemnation is hardly ever used.