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While coordinated planning and policies can help reduce development pressure on natural resource lands, continued acquisition of priority areas will be necessary to preserve particularly vulnerable or valuable parcels, and to secure land for public use.  State agencies, municipalities, and private conservation initiatives will all need additional resources in order to accomplish MetroFuture’s ambitious land preservation goals.  In particular, it will be necessary to secure additional resources for land acquisition in urban areas and town centers, where land costs are higher, but the need for open space will be increasing. 

5)    Develop open space funding sources through use of a regional “Greenfield Fee”  
A “Greenfield Fee” is a surcharge to development proportional to its impact to natural resource lands.  Developers of large, sensitive, or rare parcels pay a larger amount; while developers of smaller, less critical parcels pay less.  Impacts would be assessed using a consistent and predictable formula, based on a variety of criteria.  Developers could provide mitigation on- or off-site to offset the fee.  For example, if proceeds from the sale of agricultural land are reinvested in agricultural activity locally (in the same or adjacent municipality).  

A greenfield fee would be most effective and equitable if it were applied regionally.  A local option approach might meet stiff resistance from property owners concerned about its impact on resale value or the cost of development; a regional or statewide program would have less impact because developers could not simply move their project to another municipality to avoid the fee. 

The revenue raised from greenfield fees should be dedicated to the acquisition of open space.  If assessed through a regional program, a portion of the fees would go to a local fund, and the remainder would be directed to a regional fund to support regional open space priorities.  

A greenfield fee will only be successful if it based on a consistent and predictable formula.  Integration of the formula into community-level decision support tools and project-level plans will help to assess the cost impacts of various land use controls, and will encourage project designs that minimize impact on a given site.   As with impact fees, some members of the development community may welcome the idea of a greenfield fee if it were relatively modest and applied in such a way as to bring more predictability to the permitting process.  There is currently a greenfield fee program operating successfully in Maryland. 

5.a    MAPC will collaborate with public and private stakeholders to develop a greenfield fee proposal

6)    The Commonwealth should provide adequate funding for open space
The recently passed Environmental Bond contains $366,500,000 for Land accounts, available over the next five years.  The Governor has committed to spending $50 million per year on land, not including staff, and EEA is planning to release an annual "Land Spending Report Card" detailing how the money was spent. These capital dollars are critical for land conservation and preservation of the region’s natural resources.

6.a    The Administration should maintain its commitment to $50 million of capital spending for land acquisition under Article 97, with a long-term goal of increasing the amount to $75 million to match ongoing annual need. 

7)    Increase local capacity for open space acquisition
While the state has a critical role in land acquisition, many critical parcels are purchased by municipalities or local land trusts.  These “on-the-ground” entities have more access to knowledge about when parcels might become available and which are more vulnerable to development pressures.  With sufficient resources, these local entities can act quickly to take advantage of opportunities as they arise.  However, this swift action is rare.  Municipalities, in particular, are hampered by a lack of resources and cumbersome approvals for open space purchase.  Land trusts and conservation organizations may be able to act more quickly, but may lack the legal standing of municipalities to purchase Chapter 61 land before it goes on the market.  

Municipalities can overcome some of these challenges by adopting the Community Preservation Act, which increases the resources available for open space acquisition and streamlines the use of those resources through a Community Preservation Committee.  Municipalities can also partner with land trusts, by assigning their right of first refusal, or by asking land trusts to hold parcels until municipal funding is allocated. 

7.a    Municipalities should adopt the Community Preservation Act

7.b    The legislature should adopt legislation to support adoption of the Community Preservation Act and ensure that an adequate state match is preserved

7.c    Municipalities should assign Chapter 61 right of first refusal to a land trust where appropriate

7.d    Municipalities should participate in existing funding programs for open space acquisition