Division of Legislative Services > Legislative Record > 2007

HJR 692/SJR 401: Open-Space Land and Farmlands

June 19, 2007

The Joint Subcommittee to Study Long-Term Funding Sources for the Purchase of Development Rights to Preserve Open-Space Land and Farmlands held its first meeting of the 2007 interim on June 19 with Senator Emmett W. Hanger, Jr., as chair and Delegate Edward T. Scott as vice-chair. Other study members are Senators John Watkins and Mark R. Herring and Delegates Robert D. Orrock, Sr., Thomas C. Wright, Jr., Benjamin L. Cline, Lynwood W. Lewis, Jr., and Albert C. Eisenberg.

Overview

The staff presented an overview of the substantial work and achievements of 2006 and noted the joint subcommittee’s recommended legislation and funding that was agreed to by the 2007 General Assembly, which included:

  • Authorization for the Virginia Resources Authority to raise capital for land preservation (HB 2694/SB 1211).
  • $3,550,000 start-up appropriation in fiscal year 2007 for a statewide purchase of development rights program and $700,000 in fiscal year 2008.
  • $950,000 appropriation in fiscal year 2007 for the Virginia Outdoors Foundation to provide assistance to landowners executing conservation easements.
  • $500,000 appropriation in fiscal year 2007 and $500,000 in fiscal year 2008 for matching grants from the Virginia Land Conservation Fund to promote conservation.

The study was continued in 2007 and the General Assembly further charged the joint subcommittee to identify strategies for increasing the availability of large parks to serve Northern Virginia. Other issues to be explored include:

  • Setting of objective standards for a statewide purchase of development rights program.
  • Cost sharing between the Commonwealth and local governments in a statewide purchase of development rights program.
  • Financing of the Commonwealth's cost share, as well as local governments’ cost share in a statewide purchase of development rights program.

Presentations:

Kevin Schmidt, Coordinator, Office of Farmland Preservation, Department of Agriculture and
Consumer Services

Mr. Schmidt addressed the guidelines for Virginia's new purchase of development rights program and proposed changes in the federal Farm and Ranch Lands Protection Program and gave a brief overview of the Office of Farmland Preservation, which was established in 2001. The Office of Farmland Preservation creates public education programs about farmland preservation; provides technical assistance on farmland preservation; administers the Virginia Farm Link program; and develops model policies, certification criteria, and methods and sources of funding for local purchase of development rights programs.

Mr. Schmidt described the development of a model purchase of development rights program for Virginia. First, the Virginia Department of Agriculture and Consumer Services Farmland Preservation Task Force was established; the diverse group of Task Force members then agreed to several fundamental positions at the outset. In June 2004, the Task Force completed the first part in developing a model purchase of development rights program and entitled such part, "Part 1: Suggested Components of Local PDR Programs." In November 2005, the Task Force completed the second part and entitled such part, "Part 2: A Proposed State-Level Program to Complement Local PDR Programs."

To further the goals of the Office of Farmland Preservation, the General Assembly appropriated funding for the Office of Farmland Preservation in an amount of $305,000 for the 2006-2008 biennium. State matching funds for local purchase of development rights programs in an amount equal to $4.25 million for the 2006-2008 biennium were also created. The Office of Farmland Preservation certifies local matching fund and local program elements and equally distributes available funds on a 50% match. Any remaining funds are redistributed amongst the certified programs. Local governments have two years to use allocated funds, and the allocation is "drawn down" upon closing of an easement. Other state funds cannot be used as a part of the local match component.

Proposed changes to the Federal Farm and Ranch Lands Protection Program, which has $300 million in federally funding, were discussed. Under the proposed changes, grants will be given to qualified entities, a category of eligible entities under the program, based on need and on state/local contributions; moreover, no pending offers are needed. In addition, funds that are not granted to qualified entities are available for individual projects by eligible entities, another category of eligible entities under the program. The United States Secretary of Agriculture establishes a process for certifying eligible entities, and qualified entities can use their own criteria, easement, etc. Notably, there is no federal contingent right or reversionary interest if an easement is held by a state/local/qualified entity.

William C. Dickinson, Chairman, Northern Virginia Regional Park Authority Board
Mr. Dickinson presented a history and overview of services of the Northern Virginia Regional Park Authority (NVRPA), which is currently the largest regional park authority in Virginia and one of the most self-sufficient park agencies in the country.

The six localities of Arlington County, Fairfax County, Loudoun County, City of Alexandria, City of Falls Church, and City of Fairfax established the NVRPA in 1959 pursuant to the Virginia Park Authorities Act, which allows one or more local governments to create a park authority. The purpose of NVRPA was to recognize and appreciate that:

  • Open space and natural areas were critical to quality of life.
  • Northern Virginia was growing fast and natural areas needed to be acquired before they were lost to development.
  • Drinking water supplies of the region needed to be protected.

A regional authority would have better economics of scale to protect natural resources and provide unique recreational opportunities that would complement local recreational offerings.

In addition, smaller localities recognized that they did not have the land base to provide all the natural and recreational opportunities to which their citizens needed access. The mission of the NVRPA is to "enhance the communities of Northern Virginia and enrich the lives of their citizens through the conservation of regional natural and cultural resources" by providing "diverse regional recreational and educational opportunities, and [fostering] an understanding of the relationships between people and their environment."

Mr. Dickinson explained the NVRPA faces specific challenges, including the Virginia Land Conservation Fund not being fully funded and a lack of federal and state financial support and increased real estate values have effectively stopped the purchase of significant new parkland. He noted potential opportunities for parkland funding, including the creation of a new funding source tying funds for riparian parkland to water-related utilities, the consideration of population density in Virginia Land Conservation Foundation funding, and other non-traditional funding streams to support parkland expansion.

Next Meeting

The next meeting of the joint subcommittee was tentatively scheduled for late August and the date will be posted on the study website when available.

Chairman:
The Hon. Emmett W. Hanger, Jr.

For information, contact:
Mark Vucci, David Rosenberg, Kevin Stokes
DLS Staff

Website:
http://dls.state.va.us/land.htm


Division of Legislative Services > Legislative Record > 2007

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