Protecting Special Places and Building Healthy Communities A CONSERVATION STRATEGY FOR PENNSYLVANIA As of January 9, 2004 this working paper has been endorsed by: 10,000 Friends of Pennsylvania Kiski-Conemaugh River Basin Alliance Allegheny Land Trust Lake Erie Region Conservancy Allegheny Valley Conservancy Lancaster County Conservancy Allegheny Valley Land Trust Lancaster Farmland Trust Armstrong County Conservancy Charitable Trust The League of Women Voters of Pennsylvania Audubon Pennsylvania Lebanon Valley Conservancy Bedminster Land Conservancy Lower Merion Conservancy Berks County Conservancy Manada Conservancy Brandywine Conservancy Merrill W. Linn Land & Waterways Conservancy Buck Hill Conservation Foundation Mid-Atlantic Karst Conservancy Central Pennsylvania Conservancy Montgomery County Lands Trust Centre County Farmland Trust Natural Lands Trust Chesapeake Bay Foundation The Nature Conservancy of Pennsylvania Chester County 2020 Trust Neighborhood Gardens Association / A Philadelphia Land Citizens for Pennsylvania's Future (PennFuture) Trust ClearWater Conservancy North Fork Conservancy Conemaugh Valley Conservancy Pennsylvania Environmental Council Conneaut Lake & French Creek Valley Conservancy Pennsylvania Farmland Preservation Association The Conservation Fund Pennsylvania Horticultural Society Countryside Conservancy Pennsylvania Land Trust Association Delaware Highlands Conservancy Pennsylvania Recreation and Park Society Eden Hill Conservancy Pine Creek Valley Watershed Association Edward L. Rose Conservancy Rails-to-Trails Conservancy Elk Creeks Watershed Association Rocky Mountain Elk Foundation Farm & Natural Lands Trust of York County Schuylkill County Conservancy The Forest Coalition The Scott Conservancy French & Pickering Creeks Conservation Trust Somerset County Conservancy Friends of Philadelphia Parks Tinicum Conservancy The Glades Conservation Alliance The Trust for Public Land The Greater Hanover Alliance Western Pennsylvania Conservancy GreenSpace Alliance of Southeastern Pa. Western Pa. Watershed Protection Program Heritage Conservancy Wildlands Conservancy Hollow Oak Land Trust Willistown Conservation Trust Keystone Trails Association Wissahickon Valley Watershed Association Executive Summary Table of Contents Day by day, acre-by-acre, we are losing the special places that Executive Summary 2 give our communities their distinctive appeal, the open spaces that I. Losing an Asset 3 define our villages, towns and cities. We also are losing the vital The Green Gap economic benefits and ecological values derived from these open Land Consumption without Growth spaces. II. An Asset Worth Saving 4 Our landscape-the foundation of our communities, economy Economic Benefits and ecosystem-is changing fast. Development consumes hundreds Fiscal Benefits of acres of Pennsylvania open space every day. The rate of land Community & Ecological Benefits development outpaces the rate of land conservation by an average III. The Public's View 4 ratio of nearly three acres to one. This green gap places our future economy, quality of life and environment in jeopardy. IV. The 10-Year Goal 5 Pennsylvanians need a conservation goal-a goal that will V. The Conservation Strategy 5 establish a better balance between development and 1. Invest in Conservation conservation-a better balance between the demands of today and Protect Community Green Space respect for tomorrow. We propose a statewide one-for-one Protect Productive Farmland goal-that for the next ten years, for every acre of land that gets and Working Forests developed, another gets conserved in the public interest. Protect Natural Lands 2. Prioritize Conservation This is an overarching statewide goal to help set us on a healthier 3. Plan and Support Smart Growth course, not a one-size-fits-all prescription for everywhere. The VI. Where We Are Today 7 conservation needs of different regions of the state vary greatly. Further, the needs of individual municipalities and counties within VII. Funding the Effort 8 regions vary. Accordingly, some areas will need far more ambitious conservation goals while others will need far less. In the same vein, the appropriate mix of tools to achieve our objectives will need to be tailored to the particularities of every locale. Our conservation efforts must address the different kinds of green space needs found across the state. We must: * Protect community green space ­ Conserve and restore local green infrastructure including parks, squares, neighborhood gardens, greenways, scenic areas, and other community open space. * Protect productive farmland and working forests ­ Utilize conservation easements to protect prime agricultural soils and to support Pennsylvania's farmers and farming economy. Use easements to protect forestland for sustainable timber production and to ensure a future for the wood products industry. * Protect natural lands ­ Conserve lands to provide a variety of public values: protect rivers, lakes and streams; protect groundwater; safeguard drinking water supplies; protect critical natural areas and important wildlife habitat including state forest, state park, and game lands; and provide recreational and educational opportunities. Provide support for management activities benefiting wildlife and natural diversity. To achieve the conservation goal, a three-part strategy is proposed: 1. Invest in Conservation First, we need to restore and maintain funding levels for existing land conservation programs: the Keystone Recreation, Park and Conservation Fund; the Environmental Stewardship Fund (Growing Greener); and the Agriculture Conservation Easement program. Second, we need new investments in land conservation. The state should: ! Invest $50 million in land conservation each year for the next decade above and beyond existing programs. ! Dedicate a substantial part of the $50 million for matching local conservation efforts dollar-for-dollar. ! Establish a land conservation tax credit for landowners who donate their land or development rights. ! Provide inheritance tax relief for farmers and other landowners who conserve their lands in the public interest. 2. Prioritize Conservation We need more strategic, proactive conservation to make the most of our investment dollars. The state should: ! Fund additional land conservation priority planning and natural resource inventory, research, and analysis. ! Give priority in the competition for available state funding to strategic projects with strong community support. A Conservation Strategy for Pennsylvania 3 ! Explore creating a "Rural Legacy Area Program" to focus resources in critical areas. 3. Plan and Support Smart Growth To achieve smart growth, the state should: ! Provide new financial assistance to incorporate smart growth strategies and techniques into ordinances. ! Provide incentives for traditional neighborhood design, conservation subdivisions and other creative development. ! Focus state incentives on brownfield site redevelopment and infill development rather than greenfield sprawl. ! Focus state transportation funding towards promoting compact development rather than sprawling development. ! Reform Tax Increment Financing (TIF) and urban redevelopment law. I. Losing an Asset Day by day, acre by acre, subdivision by subdivision, While development and conservation figures may vary strip mall by strip mall...we are losing what it is that from year to year, it is clear that simply maintaining the makes Pennsylvania special. We are losing the features status quo will guarantee that we will lose many of our that give our communities their distinctive appeal-the special places and landscapes. green spaces and natural places that define our boroughs, townships and cities. At the same time, we also are Land Consumption Without Growth losing the vital ecological values and economic benefits The high pace of land consumption is particularly derived from these green and open spaces. startling, when you consider that Pennsylvania's Pennsylvania loses hundreds of acres of open space to population is hardly growing. development every day. At the current pace, 20% or more During the last two decades of rapid land of Pennsylvania's unprotected forests, fields, and open development, the state's rate of population growth was spaces will disappear in the next 20 years. slowing. Between 1992 and 1997, almost 550,000 acres Sprawling development is draining the lifeblood of were developed in Pennsylvania, or 300 acres per day! our older communities, destroying our rural economies, Ironically, census statistics for 1990-2000 show that and fundamentally changing the landscapes that have Pennsylvania's population increased only 3.4% during historically defined Pennsylvania as a special place to the decade-ranking us 48th among all states in live. percentage change in population. Even though the Commonwealth is one of the slowest growing states in The Green Gap population, we consume land at a rate comparable to We are not just losing our green and open spaces. We states like Florida, Georgia and Texas, where populations are failing to protect our remaining land assets. are growing dramatically. The land consumed by development in Pennsylvania This new development is happening at the expense of dwarfs the acreage we conserve. 110,000 acres of land our older established boroughs, cities and townships. are consumed by development each year, based on the While new roads, sewer lines, culverts and other most recent U.S. Natural Resource and Conservation infrastructure are built haphazardly across our open Service figures. In contrast, an average of roughly spaces, the existing infrastructure in many of our older 40,000 acres are protected annually. communities is falling into disrepair. It will take tax dollars to restore the older infrastructure and tax dollars Nearly three acres are developed for each acre we to maintain the new infrastructure. With few new conserve. This Green Gap-this growing difference taxpayers to share the maintenance burden, we as a between the amount of land consumed by development society are setting ourselves up for either large tax and the amount that we conserve each year-presents a increases or the wholesale abandonment of communities. wake up call. This unenviable choice is not inevitable. But we must Our land conservation efforts are grossly inadequate. take action now. We must begin investing to grow The few programs that currently support land smarter and conserve the open space resources that conservation and smart growth in Pennsylvania are underpin our economy, communities and environment. seriously under-funded. A Conservation Strategy for Pennsylvania 4 II. An Asset Worth Saving Green spaces provide public values benefiting all Community and Ecological Benefits Pennsylvanians. A quick survey of the economic, fiscal, Green and open lands perform a wide range of community and ecological benefits follows. community and ecological services. These lands: Economic Benefits ! protect drinking water supplies Undeveloped lands represent valuable assets in ! recharge groundwater and aquifers Pennsylvania's economic portfolio. Tourism, ! protect our lakes, rivers, streams and fish agriculture, timber production, hunting and fishing, populations wildlife-watching and other outdoor recreation ! provide habitat for wildlife-game and non- contribute billions of dollars to Pennsylvania's economy game species alike every year. ! absorb air pollution ! cool communities in the summer months Numerous economic studies recognize that our ! absorb storm water and reduce flooding economy ultimately depends on our natural resource base. For example, research demonstrates that ! provide the foundation for a healthy ecosystem environmental quality and the availability and diversity on which we all depend of natural areas and outdoor recreational opportunities ! provide recreational, educational, aesthetic and are influential factors in attracting technology workers other quality of life benefits to communities. and supporting high tech industries. (See Competing in Now more than ever, we must recognize the the Age of Talent, Dr. Richard Florida, 2000.) importance of these lands to Pennsylvania's common wealth and take action. Quoting the Rendell-Knoll Plan for Hospitality and Tourism in Pennsylvania: Without a doubt, building a prosperous and vibrant economy in this Commonwealth must include equal III. The Public's View attention to the preservation and maintenance of Pennsylvania's natural resources. The A recent statewide poll revealed that Pennsylvanians Commonwealth's wild and scenic rivers, mountains, consider "green space" a key factor in deciding where to forests and parks are our greatest resources. live. Green space edged out quality of schools, property taxes and distance to work as features considered in Unfortunately, while we recognize the connection choosing a community. (See The First Pennsylvania between natural resources and economic prosperity, we Environmental Readiness for the 21st Century Survey continually fail to make the investments necessary to Report, conducted by Roper Starch Worldwide, Inc. for protect the resource. We could get away with this in the the Pa. Center for Environmental Education.) past when our land base seemed infinite. Now however, in many areas of the state, our open land is disappearing Local polls across Pennsylvania demonstrate over so swiftly we can no longer afford to ignore the issue. and over again that there is strong public support for open space conservation. For example, in 2003 The Fiscal Benefits Tarrance Group surveyed registered likely voters in Numerous studies confirm that it pays to Montgomery County. When people were asked to conserve-both for municipalities and school districts. consider various issues, 95% found "preserving open Sprawl-style development costs communities money, space and natural land areas to be important. while protecting our working farms and forests saves Significantly, 80% found this issue to be extremely or communities money. This is so even when preferential very important. In comparison, 47% found "attracting property assessments such as Clean and Green are taken new businesses to the area" to have this level of into account. See, for example, Cost of Community importance. Services: Shrewsbury Township, York County, The Montgomery County results are not unusual. Pennsylvania (South Central Assembly for Effective Public support for conservation in Pennsylvania is Governance, 2002), Saving Land Saves Money, 2nd Ed. remarkably strong and consistent regardless of party (Montgomery County Lands Trust, 2002) and registration and geographic region. It is also strong and Opportunity Knocks-Open Space as a Community consistent with urban, suburban and rural dwellers alike. Investment (Heritage Conservancy, 2000). (See Voter Support for a Dedicated Environmental Fund A Conservation Strategy for Pennsylvania 5 in Pennsylvania conducted by Susquehanna Polling & Voting results in Pennsylvania were even stronger. Research, Inc. for the Trust for Public Land, 2002.) Conservation referenda were held in two counties and Voting patterns are consistent too. In November eleven local municipalities during 2002. All thirteen 2002, voters across the U.S. approved ballot measures conservation measures passed-100%-with an that contained $3 billion for conserving open space. The average of 70 percent of voters voting in favor. 94 successful measures were among 111 considered on state and local ballots-a passage rate of 85 percent. IV. The 10-Year Goal: V. The Conservation Strategy "One-for-One" Pennsylvania also needs a conservation strategy-a strategy that responds to contemporary challenges and Pennsylvanians need a conservation goal-a goal that provides communities and landowners with the tools will establish a better balance between development and they need to protect community green space, stop the conservation-a better balance between the demands of loss of productive farmlands and working forests, protect today and respect for tomorrow. significant natural areas, and attract sustainable We propose a statewide ten-year goal that for economic development. Pennsylvania needs a strategy to every acre of land that gets developed, another gets achieve a better balance between conservation and conserved for the public benefit. In other words, development-to achieve the one-for-one goal. the pace of land conservation should equal-or The strategy needs to respect the needs, rights and exceed-the pace of land development. We should interests of private landowners, and their important role establish a better balance between conservation in land conservation. and development. We should close the Green Gap. The strategy needs to recognize that conserving and This is an overarching statewide goal. The restoring green spaces in our older communities is conservation needs of different regions of the state vary essential to the health of these communities. Meaningful greatly (as do development rates and the amount of land investment in open space conservation in and outside of already protected). Further, the needs of counties and our developed areas can help assure the success of municipalities within regions will vary. Accordingly, "Main Street," "Elm Street" and other downtown some areas may need far more ambitious conservation redevelopment and revitalization programs. goals while others may need far less. Likewise the most Achieving a better balance between land conserved appropriate tools for achieving the goals will vary from and land consumed will help sustain rural communities, locale to locale. enhance urban and suburban areas, protect our natural The goal is pro-conservation and pro-development. It resources and environmental quality, and stimulate acknowledges not only that development will occur, but Pennsylvania's economy. also that intelligent development needs to occur. Achieving a better balance between land conserved This is an interim goal. During the next ten years, we and land developed presents a significant challenge. The should consider what we want to happen in the longer green gap is substantial-roughly 70,000 acres a year. term: What is important to us? What is our vision for Fortunately, that does not mean we need to buy 70,000 Pennsylvania? Where are governmental policies taking acres. Nor does it mean that all or even most of these us and where should they be taking us? 70,000 acres should be publicly owned. In the meantime, we must aggressively pursue the Eliminating the gap will require that we protect more one-for-one goal if we ever hope to protect the undeveloped land through a variety of conservation tools productive farmlands and working forests, community and consume less land for development. It will require a open space, wildlife habitat, watersheds, and state- long-term approach and a long-term commitment to land owned conservation and recreation lands that underpin conservation. We won't make up this deficit in one or our communities, economy, and ecosystem. two years, but we need to get started right away. The cost of land conservation will only increase in future years. A Conservation Strategy for Pennsylvania 6 We propose a three-part conservation strategy for Preliminary estimates suggest that commitments of Pennsylvania: between $100 and $150 million a year in new funding 1. Invest in Conservation are needed to achieve the goal. If we can reduce sprawl 2. Prioritize Conservation by 40%, $100 million will be sufficient. If current sprawl development patterns continue, $150 million will 3. Plan and Support Smart Growth be required. These figures could be higher or lower, depending on the factors mentioned above. 1. Invest in Conservation Reaching our conservation goal will require new Although it is an absolutely critical source, the state investments in three broad categories of conservation: need not be the only source of new investments in land conservation. County and local governments should play * Protect community green space ­ Conserve and a significant role in the creation of new funding for restore local green infrastructure including parks, conservation projects. Our Congressional delegation in greenways, town squares, neighborhood gardens, Washington, DC should work to bring federal dollars scenic areas, and other community open space. home for major conservation initiatives. We should look * Protect productive farmland and working forests ­ for more private support as well. Utilize conservation easements to protect prime The state should take the following actions to support agricultural soils and to support Pennsylvania's and stimulate new conservation investments: farmers and farming economy. Use easements also to protect forestland for sustainable timber production ! Make new state financial commitments of $50 and to ensure a future for Pennsylvania's wood million a year for the next decade (above and products industries. beyond existing commitments) to protect community green space, productive farmland, * Protect natural lands ­ Conserve lands to provide a working forests and natural lands. variety of public values: protect rivers, lakes and ! Challenge local governments and private streams; protect groundwater; safeguard drinking water supplies; protect critical natural areas and organizations by dedicating a substantial part of the $50 million for matching local conservation efforts important wildlife habitat including state forest, state park, and game lands; and provide recreational and dollar-for-dollar. educational opportunities. Provide support for ! Establish a land conservation tax credit for those management activities benefiting wildlife and natural who donate their land or development rights in the diversity. public interest. Shrinking the green gap and moving us closer to the ! Provide inheritance tax relief for farmers and other goal of conserving one acre for each acre developed will landowners who conserve their lands. require a mix of existing and new monies. First, we need to restore and maintain funding levels 2. Prioritize Conservation for existing land conservation programs: We need more strategic, proactive conservation to make the most of our investment dollars. The state ! Keystone Recreation, Park and Conservation Fund should take the following initiatives to support strategic ! Environmental Stewardship Fund land conservation: (Growing Greener) ! Agriculture Conservation Easement program ! Provide additional financial support to counties, local municipalities and conservation organizations Second, we need new investments in land for strategic land conservation plans, greenways conservation: plans, and other studies designed to establish land The level of new investment needed to bring a better conservation priorities. balance between conservation and development, to close ! Provide additional financial support for natural the green gap and achieve the one-for-one goal, will resource and biodiversity inventory, research, and depend upon: (1) our commitment and success in analysis. growing smarter and reducing sprawl; (2) the amount of ! Give priority in the competition for available state acres protected in each type of land category (farmland, funding to municipalities and nonprofits that can forest, community open space, etc.); and (3) the cost of demonstrate that they selected their conservation land in the areas where conservation work is being done. targets as a result or part of a strategic process and can further demonstrate strong community support. A Conservation Strategy for Pennsylvania 7 ! Explore creating a "Rural Legacy Area Program" special exception or conditional use, as is presently akin to Maryland's program, which provides funds the case in most municipalities. However, local to local governments and nonprofit organizations to governments need help in making this change. purchase land, easements and transferable ! Facilitate and provide incentives for TDR development rights in designated areas. To (transferable development rights) programs. participate in the program, local governments could ! Facilitate and provide incentives for traditional "nominate" areas for review by a state panel to neighborhood design, conservation subdivisions include DCNR, DEP and Agriculture secretaries. and other innovative development design. These areas would receive priority in receiving new funding available from the state. ! Focus state economic development funding and incentives on brownfield site redevelopment and infill development rather than greenfield sprawl. 3. Plan and Support Smart Growth ! Focus state transportation funding towards We can move closer to the one-for-one goal by promoting compact development rather than growing smarter. We can reduce the amount of land sprawling development. needed to accommodate growth and generate better ! Reform Tax Increment Financing (TIF) and urban quality development. redevelopment law in general to direct their The state needs to establish standards and incentives powerful tax benefits to the reuse and rehabilitation to achieve smart growth and stop providing incentives of previously developed areas. Conversely, the state for sprawling development. The following list of should curtail the practice of providing TIF benefits potential state initiatives to advance a smart growth for sprawl development. agenda hits some key points but is not exhaustive. Communities need appropriate tools with which to attract and direct economic growth, while maintaining ! Provide new financial assistance to local the character and open spaces people value so highly. governments to amend and adopt subdivision and Many municipalities are willing and interested in land development ordinances, zoning ordinances adopting new tools, but lack the resources to do so. State and comprehensive plans that incorporate smart initiative is critical to tapping this interest and making growth strategies and techniques. Smart growth smart growth the status quo. concepts need to be allowed by right rather than by It has been my opinion, that he who receives an Estate from his ancestors is under some kind of obligation to transmit the same to their posterity. Benjamin Franklin VI. Where We Are Today recently extended through an increase in landfill tipping fees-an important commitment to water resource July 2003 marks the tenth anniversary of the protection and other important environmental projects. Keystone Recreation, Park and Conservation Act (Key However, DCNR will receive approximately $4 million '93). The Keystone Fund is the principal state funding less each year under the extended program than it was source for natural land and community open space allocated in the original Growing Greener. As a result, protection. Today, bond revenue for Keystone has been there likely will be fewer dollars available for exhausted, and Keystone suffered dramatic cuts as part community green space and natural land protection of the final fiscal year 2002-03 state budget package. unless DCNR substantially changes how it allocates its The state's Environmental Stewardship Fund Growing Greener funds. (Further, as much as 25% of the (Growing Greener) has proven a success. Yet, it must be new tipping fee revenue can be diverted from Growing remembered that this program invests most of its Greener every year, depending on state revenues.) resources in programs other than land conservation. In The state's farmland preservation program benefited fact, under the original Growing Greener package, only more than any other category of land conservation from 4% of total Growing Greener dollars were available for the Environmental Stewardship Fund, but after fiscal DCNR (Pa. Department of Conservation and Natural year 2004-05, this funding will no longer be available Resources) land conservation programs. for this purpose, leaving it solely dependent on the The life of the Environmental Stewardship Fund was cigarette tax. State bond revenue for farmland preservation also has been exhausted. A Conservation Strategy for Pennsylvania 8 Public investment in the environment today will reap benefits for generations. Governor Ed Rendell VII. Funding the Effort-Options for the State These are times of great economic uncertainty. In order to tackle a new agenda for land conservation, a mix or combination of funding options will be required. In the short-term, certain options might prove more feasible than others. For example, consideration might be given to increasing allocations for land conservation within existing funding programs. The list below is not exhaustive and is not intended as an endorsement. It is intended to encourage consideration of multiple options and opportunities to support increased investment in land conservation. (Governor Rendell supported many of these funding ideas during the 2002 gubernatorial campaign.) * State bond funding for open space protection has been approved by many states in our region, most recently in 2002 in Virginia. Pennsylvania last approved a bond issue for land conservation programs in 1993. * The environmental/conservation community actively promoted a $5 increase in the state's municipal waste landfill tipping fee to support Growing Greener and other programs. Act 90 of 2002 provided a $4 increase in this fee, without increasing Growing Greener's allocation to land conservation programs. An additional dollar increase in the tipping fee could generate an estimated $23.5 million annually for land conservation. * When full contributions to the Keystone Fund are restored, the state will continue to provide 15% of its portion of the Realty Transfer Tax to the Keystone program. Dedicating an additional 10% of the tax could generate $42 million annually in new funds for land conservation. * Arkansas and Missouri currently dedicate a portion of their sales tax revenue for land conservation programs. Virginia allocates 2% of its tax revenue from the sale of certain hunting and fishing gear and binoculars to its game fund. Setting aside 1/4 of 1% of the revenue from Pennsylvania's sales tax could generate as much as $18 million annually for land conservation. * Pennsylvania's farmland preservation program currently receives $20,485,000 annually from the state's cigarette tax. Increasing the amount of the state's cigarette tax or dedicating a larger portion of the existing tax could generate additional funding for farmland protection projects. * A land conservation tax credit and other tax incentives would stimulate higher levels of private conservation and reduce the public costs of closing the green gap. House Bill 579 introduced by Rep. Fairchild would begin the process of creating a tax credit. Senate Bill 294 introduced by Sen. Thompson would reduce the inheritance tax burden on farmers who have conserved their land. Many of our neighbors have recognized the importance of taking action. In 2002, the governor of New York State set a goal of protecting 1 million acres of open space within 10 years. In Massachusetts, the governor recently approved a bond issue that includes $245 million for land protection over 3 years. In New Jersey, the state made available $1 billion over 10 years for conservation of open space and natural areas. In Virginia, voters recently approved a bond issue authorizing $119 million in new funding for open space and parks. Policy makers in these and other states looked at the needs and the numbers and concluded that waiting was not an option, even under difficult fiscal conditions. They recognized the costs of delay and the importance of investing in land conservation. And at the rate we are losing precious ground, Pennsylvania needs to follow suit. The organizations listed on the first page look forward to working with Governor Rendell and the General Assembly to conserve our special places and improve the health of Pennsylvania's communities. We stand ready to assist in developing a reasonable and realistic plan for reducing the green gap and achieving a sensible ratio between the amount of land developed and the amount of land conserved in our Keystone State.