Growth and Land Use Options and Opportunities Open Meeting Shepherdstown 1/27/2001 Randall S. Rosenberger, WVU

Growth and Land Use

Options and Opportunities

Open Meeting

Shepherdstown

1/27/2001

Randall S. Rosenberger, WVU

Eastern Panhandle 2

Growth is NOT a Four-Letter Word

Growth can provide many communities with options and opportunities

Growth can bring diversity Growth can bring prosperity Ultimately, growth means change

Eastern Panhandle 3

Community as Sense of Place

Communities exist in a place that is comprised of a complex of natural, cultural, and historic characteristics

These characteristics provide communities with identity and meaning

Sense of place is a form of public capital

Eastern Panhandle 4

Investing in Places Growth affects the characteristics of sense of place Many people resist change, perceiving land

markets as beyond their control You can…

Vote with silence (do nothing)Vote with your feet (relocate)Vote in the market (purchase land or easements)Vote with your voice (public policy)

Eastern Panhandle 5

The Dark Side of Growth

Growth is not inherently bad Unplanned growth often leads to negative

consequences and is not sustainable

Eastern Panhandle 6

Unplanned Growth

Consumes large quantities of landSuburbia is increasing as farmland, wetlands, and

forests are decreasing

Eastern Panhandle 7

Large Lots:Guilford, Connecticut

(Aerial Photo by Alex MacLean)

Aerial photo of large lot development with nearby farm

Eastern Panhandle 8

Large Lots:Guilford, Connecticut


Aerial photo of large home on large lot

Eastern Panhandle 9

Unplanned Growth

Greater reliance on use of automobiles Increases congestion, traffic accidents, commute times,

air and noise pollution

Eastern Panhandle 10

Unplanned Growth

Increases public services costsDemand for police, fire, and medical services, and

public schools


Unplanned Growth

Increases energy use and infrastructure costsCost of septic systems, waste management Paved areas increase temperature, runoff, accumulation

of pollutants, need for air conditioning


Parking Lots:Guilford, Connecticut


Aerial photo of large complex with paved parking lot


Outlet Malls:Guilford, Connecticut


Aerial photo of an outlet mall


$0.27$0.35

$1.15

$0.00

$0.20

$0.40

$0.60

$0.80

$1.00

$1.20

Commercial Farm/Forest Residential

Unbalanced Growth Erodes the municipal tax base

Cost of Services for $1 in Tax Payments (National Average)

(American Farmland Trust)


Indicators of Concern Residential development is increasing, with larger homes

on larger lots. Washington DC area is in the top five areas with

expanding residential developments (Sierra Club). West Virginia ranked #1 in growth rate of residential acres

per capita (American Planning Association). Jefferson County and part of Berkeley County ranked 12th

as most endangered scenic beauty from unplanned development (Scenic America).


Why Protect WV’s Natural and Historic Characteristics?

$3.20

$4.00

$0.0

$1.0

$2.0

$3.0

$4.0

Billi

ons

1990 1996

Tourism's Contribution to WV's Economy

(WV Tourism Commission)


Supporting Sustainable Communities

Community visioning Alternatives assessment

Identifying optionsUnderstanding opportunity costs

Comprehensive land use planning Growth management tools


What are the Available Tools?

Several tools are in use in different places Players are citizens, public officials, and

nonprofits Applied at the local, state, national and

international levels Creativity leads to tailored approaches that meet

specific needs


Instruments for Managing Growth: Overview

Sources:Dale Colyer, Agricultural and Resource Economics,

West Virginia UniversityAmerican Farmland Trust, Farmland Information

Center (http://www.farmlandinfo.org/fic/tas/)


Enacted at the State Level Growth Management Laws

Laws that control the timing and phasing of growth and determine the permitted types of land use.

Urban growth boundariesProtection of highly valued landProvisions for pre-development construction of public

infrastructure (full cost of development) or post-development penalties (impact fees)

Comprehensive growth plans12 states have laws that directly control development.


Enacted at the State Level

Fee-Simple Land PurchaseDirect purchase of land by government or nonprofits

Operate as a natural area, park, recreation areaLease for agriculture, recreation, park uses

E.g., 9 land trusts in WV owned 289 acres in 1998 (Land Trust Alliance, National Land Trust Census)

(Two representatives of local land trusts informed me at the meeting the number of land trusts has risen and the affected acreage is in the 1000s.)


Enacted at the State Level Conservation Easements

Legal, voluntary arrangements to restrict land uses. All states have enabling legislation for conservation easements. 1,385,000 acres of land protected through conservation

easements in the U.S. in 1998 (Land Trust Alliance, National Land Trust Census).

9 land trusts in WV held easements on 75 acres in 1998 (Land Trust Alliance, National Land Trust Census).

W.Va. Code §§8-24-72 to 78 (Purchase of Agricultural Conservation Easements) (1990)


Enacted at the State Level Purchase of Development Rights

The voluntary sale of conservation easements to government or nonprofits

Funding sources from voter referenda-approved tax hikes Donations to nonprofits Lottery-funds

Evidence of public’s willingness to pay for land uses 124 out of 148 referenda passed in 1998, totaling $8.3 billion 92 out of 102 referenda passed in 1999, totaling $1.8 billion 174 out of 208 referenda passed in 2000, totaling $7.5 billion

None of these referenda were in West Virginia



Differential Tax Assessment LawsLand is taxed at its current use value, not potential

development valueMay require revenue recapture for land speculation49 states (exception is Michigan)

W.Va. Code §§ 11-1A-10W.Va. Code §§ 11-3-1The Constitution of WV, Article 10, § 1 (1982 & Supp. 1994)



Inheritance/Estate Tax BreaksProvides incentives and means for heirs to maintain

property in traditional usesConditions for reduced capital gains tax rateConditions for reduced inheritance tax rateDifferential tax assessment (especially with conservation

easements on property)



Agricultural DistrictsFarmer initiated and defined districts that encourage

and protect agriculture.Enacted in 16 statesVarious incentives provided



Right to Farm LawsProtection to farmers and ranchers from nuisance

lawsuitsAll 50 states

W. Va. Code §§ 19-19-1 to 5 (1993)



Executive OrdersCriteria for obtaining state funding, documentation of

growth, task force investigationsEnacted by Governor’s from 10 states


Enacted at the Local Level

Zoning OrdinancesLand Protection Zoning

Zoning of areas devoted to specific land usesSet minimum housing density

Cluster ZoningRequires housing be grouped close together on small lotsConservation easement on undeveloped land



Comprehensive Planning (aka master plans)Counties, cities, towns, or townships create their own

vision of a desired futureCan incorporate many of the other tools availableCan require a resource assessment, identifying valuable

lands and directing growthPromote affordable housing and adequate public

services



Transfer of Development RightsPermit landowners to transfer the right to develop one

parcel of land to a different parcel of landMay require some zoning ordinances concerning

housing density and distributionMay require state-level enabling legislation



Mitigation Ordinances and PoliciesRequires developers to permanently protect land in

another part of the local jurisdiction or pay a fee for each acre of land they develop

Davis, CA in 1995 enacted the first ordinance



Right to Farm OrdinancesStrengthen and clarify weak language in state laws

Placement of notices in deeds cautioning potential buyers of the surrounding land uses – e.g. farming – dust, noise, odors

Help educate residents about the need for current land uses


Conclusion

Multiple tools for multiple goalsNo single tool can address all growth issuesMany tools are complementary, enabling specific issues

to be addressedHow do you intend to vote?

Documents

Growth and Land Use Options and Opportunities Open Meeting Shepherdstown 1/27/2001 Randall S. Rosenberger, WVU