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

Eastern Panhandle2 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 Panhandle3 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 Panhandle4 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 Panhandle5 The Dark Side of Growth  Growth is not inherently bad  Unplanned growth often leads to negative consequences and is not sustainable

Eastern Panhandle6 Unplanned Growth  Consumes large quantities of land  Suburbia is increasing as farmland, wetlands, and forests are decreasing

Eastern Panhandle7 Large Lots: Guilford, Connecticut (Aerial Photo by Alex MacLean) Aerial photo of large lot development with nearby farm

Eastern Panhandle8 Large Lots: Guilford, Connecticut (Aerial Photo by Alex MacLean) Aerial photo of large home on large lot

Eastern Panhandle9 Unplanned Growth  Greater reliance on use of automobiles  Increases congestion, traffic accidents, commute times, air and noise pollution

Eastern Panhandle10 Unplanned Growth  Increases public services costs  Demand for police, fire, and medical services, and public schools

Eastern Panhandle11 Unplanned Growth  Increases energy use and infrastructure costs  Cost of septic systems, waste management  Paved areas increase temperature, runoff, accumulation of pollutants, need for air conditioning

Eastern Panhandle12 Parking Lots: Guilford, Connecticut (Aerial Photo by Alex MacLean) Aerial photo of large complex with paved parking lot

Eastern Panhandle13 Outlet Malls: Guilford, Connecticut (Aerial Photo by Alex MacLean) Aerial photo of an outlet mall

Eastern Panhandle14 Unbalanced Growth  Erodes the municipal tax base Cost of Services for $1 in Tax Payments (National Average) (American Farmland Trust)

Eastern Panhandle15 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 12 th as most endangered scenic beauty from unplanned development (Scenic America).

Eastern Panhandle16 Why Protect WV’s Natural and Historic Characteristics? (WV Tourism Commission)

Eastern Panhandle17 Supporting Sustainable Communities  Community visioning  Alternatives assessment  Identifying options  Understanding opportunity costs  Comprehensive land use planning  Growth management tools

Eastern Panhandle18 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

Eastern Panhandle19 Instruments for Managing Growth: Overview  Sources:  Dale Colyer, Agricultural and Resource Economics, West Virginia University  American Farmland Trust, Farmland Information Center (

Eastern Panhandle20 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 boundaries  Protection of highly valued land  Provisions for pre-development construction of public infrastructure (full cost of development) or post-development penalties (impact fees)  Comprehensive growth plans  12 states have laws that directly control development.

Eastern Panhandle21 Enacted at the State Level  Fee-Simple Land Purchase  Direct purchase of land by government or nonprofits  Operate as a natural area, park, recreation area  Lease 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.)

Eastern Panhandle22 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 §§ to 78 (Purchase of Agricultural Conservation Easements) (1990)

Eastern Panhandle23 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

Eastern Panhandle24 Enacted at the State Level  Differential Tax Assessment Laws  Land is taxed at its current use value, not potential development value  May require revenue recapture for land speculation  49 states (exception is Michigan)  W.Va. Code §§ 11-1A-10  W.Va. Code §§  The Constitution of WV, Article 10, § 1 (1982 & Supp. 1994)

Eastern Panhandle25 Enacted at the State Level  Inheritance/Estate Tax Breaks  Provides incentives and means for heirs to maintain property in traditional uses  Conditions for reduced capital gains tax rate  Conditions for reduced inheritance tax rate  Differential tax assessment (especially with conservation easements on property)

Eastern Panhandle26 Enacted at the State Level  Agricultural Districts  Farmer initiated and defined districts that encourage and protect agriculture.  Enacted in 16 states  Various incentives provided

Eastern Panhandle27 Enacted at the State Level  Right to Farm Laws  Protection to farmers and ranchers from nuisance lawsuits  All 50 states  W. Va. Code §§ to 5 (1993)

Eastern Panhandle28 Enacted at the State Level  Executive Orders  Criteria for obtaining state funding, documentation of growth, task force investigations  Enacted by Governor’s from 10 states

Eastern Panhandle29 Enacted at the Local Level  Zoning Ordinances  Land Protection Zoning  Zoning of areas devoted to specific land uses  Set minimum housing density  Cluster Zoning  Requires housing be grouped close together on small lots  Conservation easement on undeveloped land

Eastern Panhandle30 Enacted at the Local Level  Comprehensive Planning (aka master plans)  Counties, cities, towns, or townships create their own vision of a desired future  Can incorporate many of the other tools available  Can require a resource assessment, identifying valuable lands and directing growth  Promote affordable housing and adequate public services

Eastern Panhandle31 Enacted at the Local Level  Transfer of Development Rights  Permit landowners to transfer the right to develop one parcel of land to a different parcel of land  May require some zoning ordinances concerning housing density and distribution  May require state-level enabling legislation

Eastern Panhandle32 Enacted at the Local Level  Mitigation Ordinances and Policies  Requires 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

Eastern Panhandle33 Enacted at the Local Level  Right to Farm Ordinances  Strengthen 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

Eastern Panhandle34 Conclusion  Multiple tools for multiple goals  No single tool can address all growth issues  Many tools are complementary, enabling specific issues to be addressed  How do you intend to vote?