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saving SPACES...protecting PLACES

Regulatory Tools

Urban Growth Boundary, Large Lot Zoning, Performance Zoning, Bonus/Incentive Zoning, Conservation Overlay Zoning, Voluntary Agricultural Districts

 

Voluntary Land Acquisition Tools

Ownership Retention Strategies

Conservation Easement, Purchase of Development Rights (PDR), Transfer of Development Rights (TDR), Lease, Management Agreement, Mutual Covenants, Limited Development Techniques, Technical Assistance Programs

Title Transfer Strategies

Sale Options, Donation Options, Agreements and Other Options

 

 
 

Regulatory Tools

Local governments can adopt policies and regulations to achieve a specific objective.  In other words, a town, city or county may state as a goal its' desire to protect "prime farmland."  Their toolbox will contain many specific measures-both regulatory tools as well as voluntary, incentive laden measures, that encourage private initiative to protect farmland and natural areas.  This section describes various regulatory techniques along with their strengths and weaknesses. 

Regulary Tool
Benefits
Drawbacks

Urban Growth Boundary

Demarcation of the limit of urban infrastructure (water and sewer extensions). UGB usually identifies a 10-20 year 'land supply' of buildable land.

~ Limits sprawl and encourages more compact development.

~ Allows integration with a TDR program to preserve farmland and natural areas.

~ Requires strong regional cooperation.

~ Controversial; down zoning required outside of UGB.

~ Raises land and housing costs inside boundary.

~ Requires enabling legislation.

Regulary Tool
Benefits
Drawbacks

Large Lot Zoning

Provides for large minimum lot sizes, such as five or ten acres per dwelling unit. Development is spread over a large area, reducing density.

~ Maintains low density and reduces impact on certain resources, such as water resources, in rural and forested areas.

~ Provides flexibility in building design and location to allow site protection.

~ A factor in suburban sprawl.

~ Open space incorporated within each private lot.

~ Resource areas may be scattered and noncontiguous, fragmenting forest cover and wildlife habitat.

~ Contributes to high real estate prices.

~ Zoning can be changed to allow in-fill development.

Regulary Tool
Benefits
Drawbacks

Performance Zoning

Zoning categories are based on permissible impacts to natural or historic resources, instead of a list of permitted uses. Requires impact assessment of proposed development projects.

~ The local land use plan directs the location of development to resource-compatible areas.

~ Provides flexibility in types and designs of projects - many uses may be permitted in a single zone.

~ Effectiveness is based on knowledge of resources and the effects of impacts.

~ Requires a detailed land use plan and staff to administer the program.

Regulary Tool
Benefits
Drawbacks

Bonus/Incentive Zoning

Provides density bonuses; i.e., developers can build additional units in exchange for preserving designated resource lands. Technique usually applied to cluster developments and transfer of development rights programs.

~ Encourages sensitive site design to protect resources

~ Helps maintain open space and rural character, particularly for residential developments on the urban fringe.

~ Requires careful infrastructure planning to prevent sprawl and 'leapfrog' development

~ Dependence on wells and onsite septic systems in fringe areas

~ Conservation value limited if high number of units permitted.

Regulary Tool
Benefits
Drawbacks

Conservation Overlay Zoning

Additional or stricter development standards and criteria are established to protect particular features of an existing zone, such as historic districts, landscape features, scenic views, agricultural areas, or watersheds.

~ Standards and criteria are developed to meet needs of specific resources within the zoning district.

~ Effective in protecting specific resources from development pressures.

~ Standards must be defined clearly to ensure that open space can be protected.

~ Zoning regulations can be changed.

~ Does not address resource preservation outside the zoning district.

~ Not often used for open space.

Regulary Tool
Benefits
Drawbacks

Voluntary Agricultural Districts

Special districts established to promote continuation of agricultural and forestry activities.

~ Maintains land in agricultural and forestry use.

~ Provides some protection from nuisance lawsuits against agricultural operations.

~ Voluntary participation.

~ Minimum acreage criteria.

~ Does not provide long-term protection.

~ Most effective when several contiguous farms participate in areas with development pressure.

 
 

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Land Conservation Partnership of Washington County
P.O. Box 917
West Bend, WI 53095
phone: 262-707-4981     fax: 262-338-4881
contact@lcpwc.org

© 2007 Land Conservation Partnership of Washington County