4.4. SR 11-08-2004 - Laserfiche WebLink

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I I. . ~ , . . . . . ~ . . . . . . . . . . . . . . .. ) ) .. .. ~ ~ , , ~ , , , , :t oct ~ OJ What it accomplishes: Keeps land in private ownership while establishing permanent, legally binding protection for a site's narural features, to the degree thar such protection is specified in the rerms of the easements When it may be appropriate: 1) When a funding mechanism can be identified to finance the purchase of easements 2) When the administering unit of government or nonprofit organization has the staffing and administrative capabiliry to set up and oversee the program on an ongoing basis 3) As an alternative for local protection of high prioriry natural areas when a communiry does not have the financial resources to acquire fee simple interest 4) When a local government unit prefers protection methods that compen- sate landowners for restricted development, as opposed to limiting develop- menr through zoning or other regulatory means .......... POR programs may be viewed as the systematic application of perpetual conserva- tion easements used as a tool to protect communiry narural areas. The administer- ing agency (ciry, counry, or state government agency, or nonprofit organization) develops specific criteria used to seleer sites for which acquisition (purchase) of ease- ments is sought. These criteria will vary according to the prioriry goals of the POR program (e.g. protection of watersheds, wildlife habitat, or a highly valued feature of the communiry such as a bluff). POR programs commonly operate with a "will- ing seller" policy, in which local government units ,contact the owners of land con- sidered high prioriry for protection and, depending on the landowner's interest, negotiate mutually agreeable terms. Landowners who sell their development rights as part of a POR program retain ownership of their propei-ry and all rights not specifically assigned to the acquiring agency in the terms of the easement. Some local governments fmance POR programs through issuance of bonds or through special taXes assessed on properry. The ciry of Ounn in Dane Counry, WI (popula- tion 5,540) initiated a POR program in 1996 to acquire development rights for pro- tection of farmland~ open space, and natural areas. As is the case with TOR programs, enabling legislation allowing cities, towns, and counties to adopt POR programs has recently been approved in Minnesota (via amendments to Chapters 394 and 462 of the Minnesota Statutes), making POR a viable land use planning tool available to the state's local governments. For infor- mation on POR programs and their status in Minnesota, contact the Land Steward- ship Project (See Resources, p.98). 43