Bedford Citizens for Land Preservation


Frequently Asked Questions The preservation of our open space ensures flexibility in the future – an orchard can be converted to a vineyard; a vineyard can revert to forest, and so on through the generations. Once a farm grows houses we close down all our options – forever. James Jones, Board Member, Bedford Citizens for Land Preservation What is a Comprehensive Plan? It is a locality’s blueprint for the future, serving as the guide for decision-making regarding land use and development, economic development and public and social services. It guides day-to-day decisions and the application of policies and procedures. To learn more Click on Grassroots Article #2 and 3. Why must Bedford County have a Comprehensive Plan? Virginia Code mandates that all localities have a comprehensive Plan, which must be reviewed every five years and updated as necessary. What is “Open Space?” - Bedford County’s open space consists of nearly 200,000 acres of land in farms, orchards, vineyards, nurseries and specialty farms with another nearly 60,000 acres in woodlands. - In 2002: 1,289 farms (199,244 acres in farms) 59,000 acres of woodlands 40 orchards 2 vineyards 56 “specialty farms” 22 farm nurseries - Open space also includes large private landholdings not in agricultural use, our parks and public and private recreation areas, our lakes, reservoirs and streams and land not suitable for residential development, such as wetlands, floodplains and steep slopes. How much of Bedford County’s land area is privately owned and in agricultural use? 41% What is rural character? - Shared community values and responsibilities - Sustainable rural economies - Human scale in the built environment - Wild lands as part of the rural experience - Abundance of greenery, mountains, rolling landscape, greenways - Inhabitants using the land - Being reminded of our history To learn more, Click on Grassroots Article #4. What is zoning? - Zoning is the means by which a locality divides itself into districts or zones of compatible uses; each zone has different rules for the use of land and the placement, size, density and use of buildings. - Zones are identified on a map and the regulations for development (e.g. minimum lot sizes, required yard setbacks, maximum building heights) are specified in a written ordinance. - This ordinance is the most common tool used to implement the goals in a localities Comprehensive Plan When did Bedford County’s Board of Supervisors first adopt a zoning ordinance? 1998 Is zoning mandated by Virginia Code? No To learn more about Bedford’s zoning, click on Grassroots Articles #9 – 13 If you'd like to see a map of how Bedford is zoned Click here If you'd like specific information on the county's zoning information visit the counties' web page dedicated to zoning ordinances What is a Cost of Community Service study (COCS study)? A COCS study identifies the fiscal contributions of a locality’s open space and the actual cost of its residential and commercial growth. Has Bedford County conducted a COCS study? A COCS study for Bedford County will be conducted in 2005. To learn more Click on Grassroots Article #16. What is a Conservation Easement? - It is a voluntary deeded agreement between a landowner and a qualified conservation organization. - It is designed to permanently protect some specific natural, scenic or historic feature of the land by limiting future development while respecting private property rights. Who initiates a Conservation Easement? Conservation easements are completely voluntary and are initiated by landowners who wish to protect and preserve the land they love forever. Does a conservation easement require public access? No. The granting of a conservation easement is a private transaction between the landowner and the easement holder. Is a conservation easement permanent? Yes. To qualify for tax benefits, an easement must be made in perpetuity binding all owners – current and future – to the easement’s terms. Are the terms of a conservation easement flexible? Yes. Each easement is as individual and varied as the land it protects. Landowners and their easement holder negotiate the specific terms to meet mutual goals. Land uses, such as hunting, fishing, farming and forestry are encouraged and addition dwellings (e.g. for family members) are negotiable. Are conservation easements financially beneficial? Yes. Donating a conservation easement provides significant financial benefits to landowners and their heirs, regardless of income level. These include: - Federal Income Tax Deductions -Transferable State Income Tax Credits - Estate Tax Deductions and Exclusions - Reduced Real Estate Taxes These two links will give you more specific information on the financial beneifits Summary of Tax Benefits of Conservation Easements and A Hypothetical Case Study How much of Bedford County’s open space is permanently protected through conservations easements? 0.004%. To learn more about conservation easements, go to www.westernvirginialandtrust.org or call David Perry at Western Virginia Land Trust 540.985.0000; Click on Grassroots Articles #18 and 19 for more information, including details on easements holders. If you would like to talk with individuals in Bedford County who already have a conservation easement on their land, contact Nancy Raine What is a Purchase of Development Rights (PDR) Program? What PDR means for our citizens and local governments is cleaner air, greener spaces, scenic vistas, fresh local produce and lower taxes. -- Bruce L. Hiatt, President, Virginia Farm Bureau - A PDR program is a program that pays farmers to keep their land available for agriculture. - PDR Programs provide a way for a farmer to cash in on the development value of his land without having to sell it to a developer. Who owns the land when development rights are purchased? -The farmer. He still owns the land and retains all other property rights to the land, such as the right to use the land for agriculture and bequeath it to his heirs. The only right that the farmer no longer retains is the right to subdivide the land. How does a PDR Program work? Farmers sell an agricultural conservation easement on a voluntary basis to a locality, which holds the easement in perpetuity. (Often referred to as PACE: Purchase of Agricultural Conservation Easements.) Why would a farmer want to participate in a PDR program? - To get extra capital which could be used to purchase more land, make improvements, or for any other purpose the farmer chooses; - In cases where inheritance taxes might force the sale of a farm, the sale of development rights might bring enough cash to allow heirs to continue farming; - To have the assurance that other farms around them in the PDR program would continue to be farmed; - To ensure that his farm is preserved in its agricultural state for the indefinite future; and - To gain tax benefits. How many localities in Virginia have a PDR program? Six: Virginia Beach, Albemarle, Clarke, Fauquier, James City and Loudoun Could a locality sell the development rights to someone else to build on the land? No. Once a locality has paid for the development rights, the rights would be held in public trust and could not be used by anyone. Would the public have a right to come on a farmer’s property? No. The land is still the farmer’s private property and subject to the laws of trespass. If a landowner is buying his property on contract or has a mortgage, could he still enter a PDR Program? Yes. If a farmer sells his development rights, is it more or less likely his land would be taken by eminent domain? Less likely. Does a farmer have to offer all of his property’s development rights? No. He may offer to sell all or any part of the land’s development rights. Where do localities get the money to purchase development rights? Capital to purchase a farmer’s development rights generally comes from a locality’s tax revenues. There is no magic solution to raising funds. A survey of 14 states shows these (see below) are the main sources of funding. The price paid to the farmer for the land is based on the fair market value of the property Why would taxpayers want to see a portion of their tax dollars pay farmers for the development value of their land? - Taxpayers would be paying farmers not to develop their land because they value the rural character of their community and its scenic value. - Taxpayers know that farmland provides food and cover for wildlife, helps control flooding, protects wetlands and watersheds, and maintains air quality. - Taxpayers recognize that development of farmland into subdivisions imposes direct costs on their community. Privately owned and managed agricultural land generates more in local tax revenues than it costs in services. Preserving land in its agricultural state means lower taxes. Can a locality establish a PDR Program even if it has not yet figured out how to fund a program? Yes. How much of every tax dollar are Bedford County residents willing to spend on preserving farms? According to Bedford County’s 2004 Citizen Survey, residents said they wanted to allocate nearly 18.5 cents of every tax dollar on land and natural resource protection. How much money does Bedford County currently spend on farmland preservation? Zero Dollars To learn more about PDR go to: www.farm andinfo.org, the on-line library of the American Farmland Trust. Go to Literature and filter by Topic, Purchase of Agricultural Conservation Easements and by the category, Fact Sheets and Technical Memos. Or call 1-800-370-4879 for free information and research. Click on Grassroots Article #17. The Farmland Preservation Task Force of the Virginia Department of Agriculture and Consumer Services has developed recommendations to help localities use PDR programs to keep farmland in agricultural production. Guidelines are available at: www.vdacs.state.va.us under Special Programs and Quick Links.