local open space planning guide

Local Open SpacePlanning

Guide

This publication was prepared jointly by the New York StateDepartment of Environmental Conservation and the

Department of State in collaboration with the Hudson RiverValley Greenway, New York State Department of Agriculture and

Markets and the Office of Parks, Recreation and Historic Preservation.

Local Open SpacePlanning Guide

2004

David A. PatersonGovernor

NYS Department of StateDivision of Local Government

NYS Department ofEnvironmental Conservation

Reprint May 2007

Acknowledgements

The knowledge and expertise of many individuals and organizations are reflected inthis Local Open Space Planning Guide. In addition to staff members at the NYSDepartments of State, Environmental Conservation, Agriculture and Markets, Officeof Parks, Recreation and Historic Preservation, and Hudson River Valley Greenway,we are grateful to the New York Planning Federation, The Nature Conservancy, LandTrust Alliance of New York, and the Westchester Land Trust for their contributions.

And, above of all, we extend sincere thanks to New York State’s local governmentofficials for their interest and efforts in the field of open space protection and for themany success stories we have documented in this guide.

This guide was printed as part of the Quality Communities Technical Assistance Program andwas made possible in part through a grant from the Governor’s Office for Small Cities.

Cover images: Poets’ Walk Park photo by Darren McGee; Salmon River and forest photos courtesy of the New York

State Department of Environmental Conservation.

Local Open SpacePlanning Guide

2004INTRODUCTION ........................................................................................................................... 1

Open Space Conservation - A Cornerstone of Quality Communities

CHAPTER 1: THE NEED TO CONSERVE OPEN SPACE .......................................................... 3What Exactly is Open Space ................................................................................................... 3Why Plan for Open Space Conservation ................................................................................ 3The Benefits of Open Space ................................................................................................... 4

Social Benefits................................................................................................................... 4Environmental Benefits ..................................................................................................... 5Economic Benefits ............................................................................................................. 5

The Role of Local and County Governments in Protecting Open Space ................................ 6Local Comprehensive Planning......................................................................................... 7

CHAPTER 2: THE LOCAL OPEN SPACE PLANNING PROCESS ............................................. 9Introduction ............................................................................................................................. 9

Legal Authority................................................................................................................... 9Comprehensive Plan or Open Space Plan ............................................................................10Purpose of Plan and Planning Area ...................................................................................... 11State Programs .....................................................................................................................12

Local Waterfront Revitalization Program (LWRP) ...........................................................12Hudson River Valley Greenway .......................................................................................13Process ........................................................................................................................... 13Planning Partners ............................................................................................................ 13Local Government ...........................................................................................................13Local Open Space Groups ..............................................................................................14Land Trusts......................................................................................................................14Conservation Advisory Councils (CACs) .........................................................................14Environmental Management Councils (EMCs) ...............................................................15Involving the Public and Key Community Land Users ....................................................15Planning Charettes .......................................................................................................... 15Procedures ......................................................................................................................16Inventory.......................................................................................................................... 17Overlay System ...............................................................................................................18Product ............................................................................................................................18

CHAPTER 3: OPEN SPACE RESOURCES TO BE CONSERVED ........................................... 21State and Federal Programs ........................................................................................... 21

Biodiversity ............................................................................................................................22Species and Habitats .......................................................................................................22How Can Open Space Planning Conserve Biodiversity .................................................. 22What to Protect ...............................................................................................................22

Wetlands ................................................................................................................... 23Forests ......................................................................................................................24Open Uplands: Shrublands, Grasslands, Barrens and Farms .................................. 24Cliffs and Caves ........................................................................................................25

Other Important Habitats .................................................................................................25Shorelines .................................................................................................................25Riparian Areas (Stream Corridors) ............................................................................25Parks and Preserves .................................................................................................26

Water Resources ..................................................................................................................26Protecting Water Resources with Open Space ...............................................................27Flood Plains and Stream Buffers ..................................................................................... 27Wetlands .........................................................................................................................28Groundwater Aquifers .....................................................................................................28Lake Shores ....................................................................................................................29Drinking Water Sources .................................................................................................. 29Estuaries .........................................................................................................................30Watershed Planning ........................................................................................................30

Working Lanscapes ..............................................................................................................31Agricultural Resources ....................................................................................................31Forest Resources ............................................................................................................ 31Urban and Community Forestry ......................................................................................32

Recreational Resources ........................................................................................................32Public Access ..................................................................................................................32Local Parks and Open Spaces ........................................................................................ 33State and Regional Open Space Lands .......................................................................... 33Trails and Trail Systems .................................................................................................. 33

Scenic Resources .................................................................................................................34Historic Resources ................................................................................................................ 35Connecting Important Open Space Areas .............................................................................36

Greenways ......................................................................................................................36Urban greenways ...................................................................................................... 36Recreationways ......................................................................................................... 36Scenic and historic routes .........................................................................................36Ecologically significant natural corridors ................................................................... 36Greenbelt ................................................................................................................... 36

Bibliography .......................................................................................................................... 37

CHAPTER 4: OPEN SPACE CONSERVATION TOOLS ............................................................ 39Local Conservation Techniques ............................................................................................ 39

Voluntary Programs ......................................................................................................... 39Deed Restrictions/Restrictive Covenants ..................................................................39Conservation Easements ..........................................................................................39

Municipal Open Space Regulations ......................................................................................41Local Land Use Regulations ........................................................................................... 41

Zoning ....................................................................................................................... 41Site Plan Approval .....................................................................................................42Subdivision Regulations ............................................................................................ 43Cluster Development .................................................................................................43Planned Unit Development (PUD) .............................................................................43

Recreation Land Dedication or, Alternatively, Recreation Fees ................................43Transfer of Development Rights ................................................................................44State Environmental Quality Review Act (SEQR) - Critical Area Designation ...........44

Taxation Policy ................................................................................................................45Agricultural Districts ................................................................................................... 45Forest Tax Law .......................................................................................................... 45Assessments ............................................................................................................. 45

Land Acquisition ..............................................................................................................46Fee Simple ................................................................................................................ 46Purchase of Development Rights .............................................................................. 46

Financing Local Open Space Planning and Implementation ........................................... 46Local Programs ...............................................................................................................47

Dedicated Revenue Sources ..................................................................................... 47Local Bond Acts ......................................................................................................... 48County and Local Capital Funding for Open Space and Farm Land Preservation ... 49

State Programs ...............................................................................................................50Environmental Protection Fund (EPF) ....................................................................... 50Clean Water/Clean Air Bond Act ...............................................................................50Clean Water State Revolving Fund (CWSRF) .......................................................... 50

Gifts and Donations ......................................................................................................... 51Federal Programs ...........................................................................................................51

Land and Water Conservation Fund (LWCF) ............................................................ 51Pittman-Robertson Program......................................................................................51Rivers, Trails and Conservation Assistance Program ............................................... 52Sport Fish Restoration Program ................................................................................52Transportation Efficiency Act (TEA-21) .....................................................................52Farm Security and Rural Investment Act ................................................................... 52

Resources ....................................................................................................................... 55Private Programs ............................................................................................................ 55

Private Sector Donations ........................................................................................... 55

CONTACT LIST .......................................................................................................................... 57Federal Agencies ..................................................................................................................57NYS Agencies ....................................................................................................................... 58

OTHER SOURCES OF ASSISTANCE .......................................................................................61

1 Local Open Space Planning Guide

INTRODUCTIONFor more than 100 years, New Yorkers have

worked together to create parks and to protect openspace resources. In 1885, New York made NiagaraFalls the first state park in the nation. TheAdirondack and Catskill Forest Preserve, also cre-ated in 1885, was the country’s first designated wil-derness. Central Park is a priceless asset to NewYork City and a model for other urban parks.

But these and other well-known accomplish-ments are only a part of the story. Each community,each town, each county has unique places, specialrecreational resources, treasured historic sites andimportant natural areas. New York State also hasmany economically vital farms and forests, and thou-sands of miles of waterfront.

Our ancestors recognized that these open spacesmay not survive without care and attention. Com-munity planning is needed to create and maintainparks and preserves. Local land use regulations canguide the patterns of development on the land toavoid loss or damage to important natural and cul-tural resources.

In response to an act of the State Legislature,New York adopted its first statewide Open SpaceConservation Plan in 1992. The plan was developedthrough a grassroots process involving citizens inall parts of the State. One recommendation of theplan was that State government should encouragethe development of local open space plans. Suchplans could be consulted to ensure that future revi-sions of the statewide plan really reflect the viewsand ideas of all New Yorkers. Local open space planscan help shape a better future for individual com-munities across the State.

OPEN SPACE CONSERVATION -A CORNERSTONE OF QUALITYCOMMUNITIES

In January 2000, Governor Pataki issued an Executive Order establishing the Quality

Communities Task Force to explore ways that theState could enhance its ability to work with localgovernments, private landowners, conservation or-ganizations and other interested parties to preserve

the quality of life in communities throughout NewYork. The Task Force was chaired by LieutenantGovernor Mary O. Donohue and vice chaired byAlexander Treadwell, New York State’s former Sec-retary of State. Eighteen State agencies participatedin the Task Force, as did representatives of a broadrange of conservation, business, local governmentand civic organizations. The Task Force studiedcommunity growth in New York State and made rec-ommendations to assist communities in implement-ing effective land development, preservation and re-habilitation strategies that promote both economicdevelopment and environmental protection.

The recommendations of the Quality Commu-nities Task Force represent the first comprehensiveattempt by State government to deal with the nega-tive environmental and economic consequences ofunplanned land use and growth. A central findingof the Task Force’s report, State and Local Govern-ments, Partnering for a Better New York, is the needfor the State to conserve open space resources, in-cluding forest land, farmland and critical environ-mental areas as part of an overall Quality Commu-nity effort.

In his January 2002 State of the State address,Governor Pataki outlined a goal to preserve a mil-lion acres of land across New York State during thenext decade. Governor Pataki said,

“We must do more. And so today Iam setting a goal of preserving over 1million acres of open space over thenext decade– that’s in addition to themore than 300,000 acres we have al-ready preserved since 1995.

2Local Open Space Planning Guide

Lieutenant Governor Donohue’s Qual-ity Communities Task Force and newlyreleased Open Space Plan provide theperfect framework for achieving thatgoal in cooperation with local govern-ments across the State.”

Local governments play an important role inopen space conservation through the ownership oflocal open space resources, through local planning,and through land use controls. County and regionalplanning boards also have a vital role in this activ-ity.

Local governments can conserve significantamounts of open space by using their authority tocontrol growth and development and to direct de-velopment to those locations which already havesewer, water, roads and other public infrastructure.The Quality Communities effort encourages devel-opment where these conditions exist, because it willavoid costly and inefficient sprawl while achievingsavings in energy and infrastructure costs and pre-venting unnecessary loss of farmland, forests andother valuable open space resources.

Increasingly, many local governments, includ-ing several of the “East End” towns on Long Islandand municipalities in Westchester and DutchessCounties, have developed local sources of dedicatedfunds for local open space conservation activities.Many other communities are considering variousproposals to develop local dedicated revenuestreams for such activities.

Land Trusts and other private, not-for-profitconservation, recreation and preservation organiza-tions have played an increasingly important state-wide and local role in open space conservation. Thisrole includes: raising private funds for acquisitionof lands containing natural or cultural resources tobe held by not-for-profit organizations or conveyedto government; obtaining donations of lands con-taining natural or cultural resources or easementsover such lands from private owners; when publicfunds are available, acting as an intermediary forthe acquisition of land by State or local governments,in part to speed up the acquisition process; manag-ing open space areas, historic sites and cultural re-sources; providing volunteers to assist in the man-agement and maintenance of public lands and cul-tural resources; and providing technical assistanceto governments and others involved in land conser-vation.

This local open space planning guide is in-tended to help interested local governments developand implement local open space conservation pro-grams. It will assist local officials, private organi-zations and individual citizens in preparing andimplementing their own open space plans or openspace components of their local comprehensiveplans. The methods and suggestions in the hand-book can be applied in rural communities, subur-ban towns or densely developed cities.

The suggestions in this handbook are strictlyvoluntary. State government is not imposing newplanning requirements on municipalities, but ratherit is assisting those citizens and local officials whowant help and advice for local open space planning.This handbook:

• Explains how the public will benefit eco-nomically, socially and environmentallyfrom having a viable community open spacesystem.

• Sets forth a simple, step-by-step process forpreparing a local open space conservationplan.

• Describes how to take advantage of themany laws, programs, technical assistanceand funding resources that are available topursue open space conservation.

• Recommends specific strategies, methodsand techniques for conserving open space.

• Includes useful sources of information, in-cluding web addresses, to follow up on spe-cific issue areas relating to open space con-servation.

We look forward to having your response tothe handbook and to working with you to create part-nerships between private landowners and publicagencies, nonprofit organizations and interested citi-zens, to conserve the best of New York State’s re-markable landscape and valuable open spaces.


CHAPTER 1:THE NEED TOCONSERVE OPENSPACEWHAT EXACTLY IS OPEN SPACE?

Open Space is land that is not inten-sively developed for residential, commer-

cial, industrial or institutional use. It serves manypurposes, whether it is publicly or privately owned.It includes agricultural and forest land, undevelopedshorelines, undeveloped scenic lands, public parksand preserves. It also includes water bodies such aslakes and bays. What is defined as open space de-pends in part on its surroundings. A vacant lot, com-munity garden or small marsh can be open space ina big city. A narrow corridor or pathway for walk-ing or bicycling is open space even though it is sur-rounded by developed areas. Historic and archeo-logical sites are often associated with significantopen spaces and are a part of our common heritage.

The quality of the lives of the people in eachcommunity in New York State depends upon thequality and character of their environment. Moun-tains, lakes, rivers, wetlands, forests, coastal plainsand seashores all provide habitat for a diversity ofplant and animal species and they serve a variety ofhuman needs. The distribution and character of natu-ral and cultural resources affects transportation andemployment patterns, influences where people live,affects how people perceive themselves and howthey relate to other New Yorkers and the rest of thenation.

The open spaces in our communities are all partof the heritage of the Empire State. Increasingly,businesses make decisions about where to developor expand facilities based on the quality of life avail-able to prospective employees. Communities thatplan carefully for their future and conserve their im-portant open spaces are better able to attract the busi-nesses and jobs that improve the local economy andthat create quality communities.

Significant as they are, open space resourcesare also fragile. Poorly designed and unplanned de-velopment can permanently mar or destroy them.However, if people decide which areas should beretained as open space and which areas should bedeveloped for more intensive use, then they can savewhat they love best about their communities whilestill accommodating desirable growth.

WHY PLAN FOR OPEN SPACECONSERVATION?

The process of getting everyone togetherto think about community needs is a worth-

while endeavor in itself. An open space plan is muchmore than a land acquisition plan. It can make a widevariety of recommendations about the future of acommunity.

• An open space conservation plan can recom-mend new recreational facilities to enhancethe economic as well as the social life of thecommunity.

• It can recommend that a community enhanceits downtown by planting shade trees and cre-ating small sitting parks. It can protect wet-lands, stream corridors and other ecologicallyimportant features.

• It can lead to the establishment of linkagesbetween these areas and sites throughgreenways and bicycle trails.

An open space plan is the flip side of a devel-opment plan. After identifying important openspaces, it will be much more apparent where devel-opment should occur. It can also recommend landuse regulations that will help protect the commu-nity from uneconomic and inefficient sprawl.

Some people may feel that there is no threat tothe natural and cultural resources in their commu-nity. Others may feel that their community alreadyhas an abundance of open space. However, becauseopen space planning can improve a community’s rec-reational opportunities, aesthetic appeal and eco-nomic growth, communities that are fully developed,communities on the urban/rural fringe and commu-nities in the most thinly populated regions of thestate can all benefit from open space planning.

New York’s natural and cultural resources arefinite; they are exhaustible and vulnerable. Peoplehave the power to conserve these resources or to


destroy them. How well the residents of New Yorkplan for and conserve open land while providingspace for homes, commercial and industrial placesand community and transportation facilities, willhave a profound impact on future generations. Thecommunity level is the most important place for openspace planning to happen. If it isn’t done there, itmay not be done at all.

THE BENEFITS OFOPEN SPACE

Open Space provides numerousbenefits to society, direct and indirect,

short-term and long-term. The earth doesn’t providegoods and services. People benefit socially, envi-ronmentally and economically from the conserva-tion of open space in their communities.

Social BenefitsOpen spaces and historic and cultural sites in

our communities make up the heritage of the peopleof New York State. These places have substantialsocial benefits to all New Yorkers. In a world inwhich everyday life is often filled with tension anduncertainty, parks and preserves can provide the op-portunity for escape and relaxation for every NewYorker.

The September 11th tragedy focused attentionon the core values of our society, including the im-portance of family and community. Communityidentification can lead to more social interactionthrough community and family activities which pro-mote a sense of a common heritage.

Interesting and diverse recreation areas andscenic open spaces have a special ambiance and at-tractive qualities. These attributes help to definethese communities and they lead residents to a strongidentification with their neighborhoods. By becom-ing partners, or “stakeholders,” in making their com-munity attractive, people develop a strong sense ofcommunity. They will take great pride in a beauti-ful park or waterfront that they have helped to pre-serve for their own enjoyment. In turn, this buildsquality communities.

Any society needs food, shelter and a host ofmanufactured products in order to survive. NewYork’s productive open spaces - farmlands and for-ests - can sustainably provide food and wood prod-ucts to meet the needs of present and future genera-tions.

New York State’s natural and historic land-marks are our common heritage; they provide com-mon ground, bind us together, give us a sense ofbelonging, teach us about the past, and are the foun-dation for the future. If we can succeed in makingparks and other public lands accessible to all NewYorkers, we can provide meeting places whichbridge differences among the segments of our soci-ety.

As many have written, wild land has spiritualvalue. Many New Yorkers may never visit the

Local Open Space PriorityProject Identification

The Town of Lewisboro completed anOpen Space Inventory in the fall of 2000.A key component of the inventory is the

Lewisboro Trail. Stretching from thehamlet of South Salem to Golden’s

Bridge, the Lewisboro Trail will be a ten-mile long hiking and horseback-riding

trail. The trail will run through a 1,000 acregreenway that connects seven nature

preserves, the Town park and theCounty’s Ward Pound Ridge Reservation,three schools, and three nature museums

– the Westchester County TrailsideMuseum, the Wolf Conservation Center,

and the Bedford Audubon headquarters.The Open Space Inventory has identifiedthe Houlihan parcel as key to completion

of the trail and the #1 priority forpreservation.

The Houlihan property is located in thegeographic center of the Town andconsists of 110 acres, including four

separate high meadow fields, severalforested areas, two stream corridors and

extensive wetlands. The streams draininto the Cross River Reservoir, which is

part of the New York City Watershed. Theproperty is home to many species pro-tected by New York State, as well asspecies that are rare in WestchesterCounty. The property has been ap-praised at about 4 million dollars. InOctober 2002, Governor Pataki an-

nounced that the State would contribute$1,000,000 towards the purchase of the

property to match contributions of$1,000,000 by Westchester County,

$500,000 by the Town of Lewisboro and$1.5 million in private donations. Thisproject is an excellent example of apublic-private partnership for open

space preservation.


Adirondack Forest Preserve, a state park or historicsite, but are glad to know they are there. In this Stateof 18 million people, the awareness that specialplaces are set aside from development is a value thatis difficult to measure in dollars.

Forests and fields, beaches and marshes, his-toric sites and heritage areas, all offer unique op-portunities to educate people of all ages about ourenvironment and our history.

Parks are sites for athletic recreation which isso important to young people. In New York’s com-munities, court and field sport opportunities offeran important outlet for constructive outdoor activ-ity and enrichment.

An attractive park in an economically depressedand physically rundown area makes children feelbetter about their neighborhood and themselves. Acommunity sports program provides an alternativefor at-risk youths by providing places for childrento play and for young people to participate in ath-letics. Community conservation programs can alsoprovide young people with an opportunity to focustheir energy in a positive way and build self-esteem.In order to have successful programs for children,communities must plan for well-maintained parksand open spaces for them to use. Along with othercommunity and educational improvements, carefullyplanned open spaces can be helpful in guiding chil-dren toward a successful future.

Open spaces provide a place for recreation andmaintenance of physical health as well as a placefor spiritual revitalization. Physical health often re-duces stress, which in turn, can help to ward offmany illnesses. Contemplating an aesthetically ap-pealing landscape or a beautiful stream can provideinspiration. When people are healthy, they are mo-tivated and more productive.

Environmental BenefitsWe have come to learn that healthy natural sys-

tems play an important role in environmental andecological protection:

• Freshwater and tidal wetlands filter and pro-cess polluted water, and buffer developedareas from flooding.

• Forested areas remove carbon dioxide fromthe atmosphere, thereby mitigating thethreat of global warming. Trees and parksin urban settings reduce noise, lower tem-peratures in the summer, reduce the con-sumption of non-renewable fossil fuels for

residential and commercial cooling andheating, and trap pollutants in the atmo-sphere.

• Forests are a primary source of clean wa-ter; the Adirondacks and Catskills are thesources of several of the State’s major riversystems. Similarly, undeveloped land pro-tects the quality of underground water sup-plies. For example, Long Island’s solesource aquifer is being protected throughan aggressive land acquisition program un-dertaken by a partnership among the State,county and local government and conser-vation organizations.

• Conserving open spaces and related natu-ral resources allows important biological re-sources and natural habitats to remain in-tact and ecologically healthy. These habi-tats sustain the many species that exist inNew York State and help to achieve biologi-cal diversity which is important to the sur-vival of humankind.

• Finally, open spaces provide areas for envi-ronmental education. Natural areas are liv-ing museums of natural history. Interpretivewalks and classes conducted in preservednatural areas can increase one’s apprecia-tion for the environment.

Economic BenefitsOpen space has significant economic benefits

Parks, beaches, scenic landscapes, historicsites, lakes, streams and coastal areas are central toNew York State’s tourism and travel industry. StateParks and Historic Sites alone generate almost $500million in sales to local area businesses from out-of-state visitors. Another $20 million is generatedthrough tax revenues. Additional local and regionaleconomic benefits are derived from New York resi-dents using these resources.

New York State is the 4th largest agriculturalstate in the country. Our agriculture contributes$15.5 billion a year to the State’s economy.

Timber harvesting on forested lands generatesan estimated $230 million dollars per year in rev-enue to landowners, public and private. The wood-using industry employs at least 42,000 people inNew York State and generates annual payrolls inexcess of $1 billion. The industry produced $3.2billion of value-added to the Gross State Productand employment accounts for 5 percent of all manu-facturing employment.


Open land, scenic and historic sites and theavailability of recreation are important to the State’squality of life and thus are a primary factor in at-tracting and retaining economic investment. Themost rapidly growing states in the country use qual-ity of life to attract growth. New York State can com-pete in the global economic marketplace by retain-ing its natural and cultural assets.

Retaining open land can be the least costly ap-proach to environmental protection. For example,New York City can buffer its watershed from inten-sive development through the historic watershedagreement, avoiding much of the estimated $5 bil-lion cost of constructing treatment facilities for theDelaware and Catskill sources of its drinking wa-ter.

Protection of open space can help shape growthin a way which saves money on public services.Clustered development can reduce the costs of utili-ties, transportation and public works constructionand maintenance. For example, protected open spacerequires fewer community-supplied services whileproviding recreational benefits to the community.

A number of recent “cost of services” studiesconducted in New York State and elsewhere havedemonstrated that undeveloped open space, includ-ing forest and agricultural land, generates more inreal property tax revenue than it requires in munici-pal services – representing a net economic benefitto local governments. New residential developmentin previously undeveloped areas, on the other hand,usually results in a net loss to municipal finances.In other words, the costs for local services (schools,police and fire, roads, solid waste, sewage treatmentand other public infrastructure) outweigh the in-creased tax revenue produced by new residential de-velopment. Targeting development through carefulland use planning and redevelopment of areas al-ready served by existing infrastructure, thereby pro-tecting open space areas, makes economic sense forlocal governments and helps revitalize urban areas.Parks and open space can also enhance the propertyvalues of nearby residences.

Many critical economic goods and services areprovided by the preservation of open space and thespecies and habitats contained within serve as animportant source of food, fuel, fiber and medicine.Other critical economic services or benefits associ-ated with the conservation and preservation of thesespecies through open space protection include polli-

nation, recycling, nitrogen fixation and homoeostaticregulation. For example, most commercially ex-ploited fish and shellfish species depend on tidalmarshes and other coastal environments for spawn-ing and development. Furthermore, many wild plantspecies have important commercial value for me-dicinal, food and energy sources.

THE ROLE OF LOCAL ANDCOUNTY GOVERNMENTS INPROTECTING OPEN SPACE

Local government is the level of governmentthat is closest to the people. It is also the

level of government that is closest to the open spaceresources that people need and use. Local govern-ments can and do play a vital role in open spaceconservation. They do this by planning for the pro-tection and enhancement of important open spaces,by managing growth and development in a way thatwill accomplish this, acquiring open space, and bypracticing good stewardship of municipally-ownedopen spaces.

Among the many powers that local govern-ments have for conserving open space is a provi-sion in the Municipal Home Rule Law that autho-rizes them to adopt local laws for the protection andenhancement of the physical and visual environment.Section 247 of the General Municipal Law autho-rizes acquisition of open land in fee or by easementfor public purposes. In 1989, State legislation wasenacted to authorize cities, towns and villages toestablish transfer-of-development rights programs,which are a specialized form of zoning that can helpto conserve open space. Cluster development andplanned unit development are other techniques thatare available to local governments, in conjunctionwith subdivision approvals, which will help to con-serve open space. Local planning and land use con-trols are important tools for conserving open spaceresources. These techniques are discussed in detailin Chapter 4.

Planning boards and zoning boards of appealare local agencies, voluntarily established by localgoverning bodies, which have planning and regula-tory control over land development and land use ac-tivity. They administer subdivision regulations, en-gage in site plan review, prepare the official mapand use other basic community planning tools.

County and regional planning boards also havean important role in land use decisions and open


space planning and conservation. As is true for lo-cal planning boards, they may prepare a compre-hensive land use plan or a single functional elementof a comprehensive plan, such as one for transpor-tation or open space conservation. They also mayprepare separate open space plan components suchas a plan or report on natural areas preservation orhistoric preservation. Further, they can provide amulti-community perspective on open space needs.

Many types of natural resources extend beyondthe boundaries of a single municipality. For example,a wetland may be shared by several adjacent townswithin the same county or by more than one county.A county or regional planning board is in a goodposition to conduct a review or make a decisionabout a project that might affect a natural resourcesystem of intermunicipal scope. The General Mu-nicipal Law authorizes county planning boards toreview certain developmental projects that are ofan intermunicipal nature. These agencies can alsoplay a key role in planning for a regional open spacesystem.

Local Comprehensive PlanningUnder State law, cities, towns and villages are

authorized to prepare comprehensive plans. The lawsprovide directions to local governments about theelements to include in local comprehensive plans,several of which relate specifically to local openspace planning. Planning boards prepare or over-

see the preparation of local comprehensive plans,which should include an open space element.

The primary purpose of a local open space planis to cause the important open lands in the commu-nity to be conserved for open space uses. The openspace plan can play an important role in overall com-munity development. Not only will its implementa-tion ensure that the community will have dedicatedimportant open lands to specific open space uses,but also that the open space system will provide aframework for more intensive use of other parcelsof land for residential, commercial, industrial, trans-portation and community facility purposes. It is es-sential, therefore, that open space planning be fullycoordinated and integrated with physical, social andeconomic planning for the community.

This handbook strongly recommends that com-munities interested in local open space planning andconservation work to ensure the full integration ofthose activities with the completion and adoptionof local comprehensive plans. Local governments,usually through the planning board, can prepare andadopt more detailed elements of the comprehensiveplan. Thus, a local open space plan should be struc-tured in a way that meets the needs of the local com-prehensive plan. Ultimately, the open space planshould be adopted by the local governing body asan integral part of the comprehensive plan.

Master Plan Development & Coordination

The 1987 City of Saratoga Springs Master Plan recommended thata committee be formed to advocate open space conservationand to prepare and help implement an open space plan for the

city. As a result, the Saratoga SpringsOpen Space Project was formed by a

group of citizens and is still activetoday. An open space plan wasprepared by the committee andadopted by the City Council with

extensive public review and discussion.First published in 1994, the open spaceplan is presently undergoing an inven-tory review with another set of public

meetings. The inventory review is recom-mended in a new master plan adopted in 2001, along with a

proposed “Conservation Development District” and “ConservationDevelopment Subdivisions.” The updated inventory will be used bythe Planning Board to review proposed projects. An open space

bond act passed on the November 2002 ballot.


CHAPTER 2:THE LOCAL OPENSPACE PLANNINGPROCESSINTRODUCTION

This chapter discusses the options for ap-proaching the open space planning process.

Should the open space plan be a separate stand-alonedocument or should it be part of a community’s com-prehensive plan? Should it encompass the entire ter-ritory of a municipality or only a portion of it?Should the open space plan be prepared by the mu-nicipal government or bya citizen advocacy group?Should the open space planbe highly detailed or gen-eral in nature? Should itemphasize recreational orenvironmental protection,farmland preservation orscenic views? The answersto these and other ques-tions depend upon the na-ture of the community, itsresources and communityplanning structure.

Apart from the directbenefits of conserving re-sources (see Chapter 3), itis important to integrateopen space into the overall growth and developmentpattern of a community. Thoughtful considerationof how a system of community open space may beused to enhance residential areas, improve trafficcirculation, provide recreational amenities forschools and senior housing for example, should re-sult in a plan which wins community support.

There is no single approach to developing anopen space plan. Open space plans are as diverse asthe communities in New York. Open space in anurban area might consist of a park or bikeway, whilein a suburban area, it might mean preserving thelast agricultural lands from development. The New

York State Open Space Conservation Plan definesopen space broadly, and simply, as:

“Land which is not intensively developed forresidential, commercial, industrial or

institutional use.”Regardless of how open space is defined by

the circumstances of a community, the focus of thispublication is on open space planning as a compo-nent of the overall community planning process.Open space is one aspect of a community. It is animportant part of a community’s quality of life, butit should be viewed in terms of its connections tothe other parts of a community that together makeup the place we call home.

Open space may also be thought of as the un-developed land which results from our efforts to con-serve natural resources and scenic areas, to avoiddevelopment in hazard areas and to provide recre-ational opportunities. In this sense, conservation ofopen space is not an objective in its own right but a

result of efforts toprotect the naturaland scenic envi-ronment, preventdevelopment inrisky areas andimprove the qual-ity of our commu-nities through out-door recreation.

A n o t h e rquality of openspace conserva-tion is that it oftenprovides multiplebenefits. Landconserved be-cause it is impor-

tant wildlife habitat often contains wetlands whichaid in flood control and water filtration. Preserva-tion of farm fields for agricultural activities may si-multaneously preserve the scenic qualities of a coun-try road. Prohibition of development on steep slopesmay also preserve views of bluffs or ridgelines. Cre-ation of athletic fields results in green space in ourcommunities.

Legal AuthorityIn addition to the general power of municipali-

ties to engage in matters concerning their property,affairs or government, Article 9 of the NYS Consti-

DowntownMargaretville, NY


of the area studied. It is becoming increasingly evi-dent that conservation of open space can have apositive impact on the economy of a community byimproving its attractiveness and desirability. Com-munities must be careful to ensure that unintended

open space conservation does not cause effects suchas increasing housing costs. The best way to addresssuch issues is through integration of open space plan-ning into the overall community planning process.In 2002, The Conservation Fund published GreenInfrastructure: Smart Conservation for the 21st Cen-tury, by Mark A. Benedict and Edward T. McMahon,which puts forth a compelling case for the strategicuse of open space, rather than a purely reactive, con-servation-based use. In essence, the Green Infra-structure approach is that open space should beproactively used as part of an integrated land usemanagement system to improve the quality of ourcommunities. This is the strategic use of open spaceto accomplish several goals and provide a frame-work for growth and development within our com-munities and regions. The rationale underlying thisapproach argues for open space planning to be con-ducted as part of a community’s overall approach togrowth and development, regardless of whether theplan is contained in a separate document.

It is not just organizations such as The Conser-vation Fund which recognize that a system of com-munity open space can complement the built envi-ronment:

“Building with the environment means seeingplanned development and natural systems as

tution provides that local governments shall havethe powers granted to them in the Statute of LocalGovernments. Section 10 (7) of the Statute of LocalGovernments provides that each local governmenthas:

“The power to perform comprehensive or otherplanning work related to its jurisdiction.”Counties, cities, towns and villages also have

authority to develop comprehensive plans whichmay include any elements related to their “orderlygrowth and development” as well as those concern-ing natural resources, recreation and sensitive envi-ronmental areas (General Municipal Law §239-d,General City Law §28-a, Town Law §272-a, Vil-lage Law §7-722). Counties, cities, towns and vil-lages also are authorized to use public funds to ac-quire open space land in their respective territories,pursuant to General Municipal Law §247, whichprovides the following useful definition of openspace:

Any space or area characterized by (1)natural scenic beauty or, (2) whose existing

openness, natural condition, or presentstate of use, if retained, would enhance the

present or potential value of abutting orsurrounding urban development, or wouldmaintain or enhance the conservation of

natural or scenic resources.Finally, there also are sources of authority for

intermunicipal cooperation in planning activitieswhich grant flexibility for undertaking joint openspace planning. General Municipal Law §239-c pro-vides that county planning boards may furnish landuse planning assistance to municipalities, and Ar-ticle 5-G of the General Municipal Law authorizestwo or more municipalities to jointly engage in anyactivity they could separately undertake.

COMPREHENSIVE PLANOR OPEN SPACE PLAN?

There is legal authority for either a separateopen space plan or inclusion of open space

elements within a comprehensive plan. Tradition-ally, comprehensive plans completed by municipali-ties include an open space element, just as they in-clude elements on transportation, utilities, commu-nity facilities, housing and other community needs.Regardless of whether the open space plan is pub-lished as a separate document, it is essential to re-late the open space plan to the overall development

Intermunicipal CooperationIn 2000, the Town Board of New Paltz,Ulster County, created the New PaltzOpen Space Committee. This was inresponse to the town’s 1995 Compre-hensive Plan, which recommendedthe importance of protecting the

community’s unique environmentalresources. The Village of New Paltz

has joined the town in their preserva-tion efforts. The committee hired a

consultant to conduct an inventory oftheir open space resources, including

mapping of streams, wetlands,agricultural soils, steep slopes, and

scenic views. A final document will beproduced in 2003.


intricately linked and viewing natural resourcesas an opportunity rather than a constraint.”

National Association of Homebuildersand AMERICAN FORESTS,

Building Greener Neighborhoods, 1995The integration of open space into the commu-

nity planning process is what exemplifies the Townof Pittsford’s Greenprint for Pittsford’s Future,which has been hailed as a national model of inte-grating open space conservation into preservationof community character. Located in a fast-growingsuburban area of Monroe County, people in Pittsfordwere concerned about the loss of open space, par-ticularly farmland. Fiscal analysis showed that theTown’s preservation of open space, including the

purchase of development rights, would cost taxpay-ers less than full build-out under the then-currentzoning. As a consequence, preservation of primefarmland was the centerpiece of the Greenprint, thatlinked preservation of community character (thusenhancing property values), identification of areasfor intensive commercial activity and enhancementof the local agricultural economy. Open space con-servation was looked at in a realistic and practicalway as a means of leveraging a multitude of othercommunity goals.

It makes eminent sense for communities to ana-lyze their open space needs in conjunction with therange of factors usually reviewed in an open spaceplan. Occasionally, however, a single function plan,such as a recreational plan or a water quality pro-tection plan may need to be developed. In somecases, a non-governmental organization (NGO) maydevelop a plan based upon advocacy of its mission,such as farmland preservation or wildlife habitat.In these cases, the valuable information developedcan be used by the municipal government in devel-oping an overall community plan.

PURPOSE OF PLAN ANDPLANNING AREA

The area to be studied is dependent upon thepurpose of the open space planning

project. The Village of Margaretville in DelawareCounty, for example, completed an intensive par-cel-by-parcel plan for a half mile stretch of land pri-marily between the East Branch of the DelawareRiver and Main Street. This area was chosen fortwo reasons: (1) to plan for the use of newly ac-quired parcels which were purchased from privateowners as part of a floodplain buyout program, and(2) to use the newly-acquired parcels to leveragethe redevelopment of the adjacent Main Street com-mercial area. The outstanding feature of theMargaretville Revitalization and Recreational UsePlan is its use of open space as a primary element ofMain Street revitalization. The plan also serves asan example of the multiple uses of open spacethrough its enhancement of recreational opportuni-ties for youth and the community while puttingfloodplain properties to appropriate use. Alternativeconcepts were developed through community plan-ning charettes, and the final plan includes detailedcost estimates for such amenities as park benchesand outdoor lighting fixtures.

The Greenprint ProcessThe Town of Pittsford, in Monroe County, hasreceived State and federal awards for the

development of a “Greenprint for Pittsford’sFuture.” The Greenprint is a guide for devel-

opment, resource protection and openspace preservation and was adopted by the

Town Board in 1996.Reflecting extensive

community input, theGreenprint is based onrecommendations inthe Town’s Compre-hensive Plan Update,

adopted in 1995.The Comprehensive

Plan Update reflectedconcern by the

community that agricultural and openspace resources were diminishing. The

Update recommended that 2000 acres ofland in the undeveloped portion of the

community be protected. The Greenprintwas the methodology developed to evalu-ate open space vs. development decisionsby ranking and rating the open space andcultural resources. The Greenprint processwas coupled with a detailed fiscal modelpredicting future tax rates based on future

land use patterns prepared by the Center forGovernmental Research in Rochester. As aresult of these analyses, the Town of Pittsford

has initiated three programs for resource andopen space protection: purchase of devel-

opment rights on 1,200 acres; incentivezoning on about 200 acres, and mandatory

clustering on about 600 acres.


Many open space plans, of course, cover theentire geographic area of the community. The Town ofPittsford, mentioned earlier, is a leading example ofhow to incorporate open space into the community’svision as articulated in its comprehensive plan. Anotherexample is the Town of Penfield in Monroe Countywhich completed a town-wide open space plan in 2001.It is available online at www.penfield.org/government/planning/openspace.php. The Penfield Town Board es-tablished an Open Space Committee consisting of rep-resentatives of town government and the public, andproceeded to identify open space parcels important forpreservation of Penfield’s character. This approach in-volved the use of computerized geographic informa-tion systems (GIS) to plot the location of undevelopedparcels at least 20 acres in size which contained desir-able open space features. Potential parcels werechecked by the Committee. The next step for Penfieldis the development of an action plan for conservationof the identified parcels. See Chapter 4 for informationon preservation tools.

Intermunicipal or regional open space plans canaccomplish the open space connections between mu-nicipalities and define the character of entire regionsand counties. Recognizing the importance of the openspace and scenic qualities of the Hudson River Val-ley, the Legislature enacted the Hudson River ValleyGreenway Act in 1991, which established the HudsonRiver Valley Greenway Communities Council andthe Greenway Conservancy for the Hudson RiverValley to foster municipal and intermunicipal plan-ning and provide technical assistance for Greenway

programs to Hudson River Valley municipalities. Onemethod is the development of county-basedGreenway Plans or Compacts. Several of the thir-teen counties in the legislatively-designated HudsonRiver Valley are involved in the Greenway Compactprocess, including Dutchess County, which has de-veloped “Greenway Connections,” a version of whichis online at www.dutchessny.gov.

A distinctive feature of the Greenway Program’sregional approach is the emphasis on “an intercon-nected approach to land preservation and develop-ment linked to landscape patterns.” This approachlooks at natural landscape patterns such as ridges,farmfields, wetlands and mountains and how they re-late to the settlement pattern. Landscape features whichare important to the quality of the region may then beidentified and conserved through a variety of techniques.

STATE PROGRAMS

Currently, State programs are available tofoster open space planning which to a cer-

tain extent influence the scope of a community’s planif it decides to participate in such programs.

Local WaterfrontRevitalization Programs (LWRP)

The Local Waterfront Revitalization Programis administered by the Department of State to en-courage planning for waterfront areas of the State’scoastal zone and inland waterways. Open space andscenic resources are important components of the

Proposed Concept Plan for the Village ofMargaretville including recommended uses

for several flood buyout properties and aseries of interconnected walking trails

throughout the Village


LWRP. Technical and financial assistance is avail-able to municipalities both individually and thoseconducting joint planning. The benefits of an ap-proved LWRP include the requirement that the ac-tions of state and federal agencies must be consis-tent with the approved program to the maximum ex-tent practicable. Contact the Division of Coastal Re-sources, Department of State at www.dos.state.ny.us.

Hudson River Valley GreenwayThis agency administers several grant programs

for eligible communities in thirteen counties in theHudson River Valley to undertake projects relatedto open space planning, natural resources, scenic re-sources, comprehensive planning and trail systems.The Greenway Compact is a separate program tofoster regional cooperation among the counties andmunicipalities which can result in preferential treat-ment for state grant programs which would advanceprojects identified in the regional compacts. Partici-pating compact communities are also eligible for sev-eral other benefits, including the requirement thatstate agencies coordinate their actions with the plansof compact communities. Contact the Greenway atwww.hudsongreenway.state.ny.us.

PROCESSPlanning Partners

Successful plans have one thing in common, theearly involvement of the range of community inter-ests in the planning process. The question of who isundertaking the lead planning role becomes less im-portant to the success of a plan if representatives ofgovernment, business, conservation and recreationare involved. There are a number of entities that coulddevelop an open space plan:

Local GovernmentBecause this publication stresses the fact that

open space planning should be integrated into theoverall growth and development strategy of a com-munity, it is generally preferable for a municipal-ity, rather than another entity, to undertake openspace planning. Utilizing open space planning in aproactive fashion accomplishes a number of objec-tives. First, a community (or intermunicipal) sys-tem of open space can be used to enhance other landuses and achieve overall community objectives. Forexample, a system of bikeways and pedestrian link-ages can reduce vehicle traffic congestion, improveaccess to downtown businesses and provide recre-ational opportunities which make the community adesirable place to live. Large swaths of open spaceadjacent to residential areas improve property val-ues and may maintain wildlife habitat. Moreover,where a municipality has a comprehensive plan foropen space, citizens have some expectation of sta-bility for their neighborhoods. Along these lines, asBenedict and McMahon say, “When citizens thinkall land is up for grabs, they oppose developmenteverywhere.”

The local legislative body may direct its exist-ing planning board to develop an open space plan,or it may appoint a special committee for the task.Where it does appoint a special committee, it is im-portant to appoint a member or members of the plan-ning board to the special committee to maintain com-munication among the boards. Note that chartercounties and cities may have specific processes toappoint members to boards. There are no specificlegal requirements for the number of members onan open space planning committee or the qualifica-tions of members.

Breakneck Ridge from BullHill in the Hudson Valley


One of government’s main features is its per-spective in trying to benefit the “common good.” Thatperspective should ensure that planning commiteeshave members who represent a cross-section of com-munity interests and organizations. It should alsoresult in an open space plan that is more than a simplelist of places that should be preserved. The planshould relate open space to the achievement of othercommunity goals, and result in a system of openspaces which serve multiple purposes.

It should be clear at the outset whether a mu-nicipal open space plan will become part of the mu-nicipal comprehensive plan. If so, the procedures setforth in the municipal enabling statutes cited aboveshould be followed, which amount to public hear-ings and action by the local legislative body. Oneadvantage to incorporating an open space plan intothe municipality’s comprehensive plan is that thecapital projects of all government agencies (exclud-ing the federal government) must take such plans intoaccount. Where the municipality prepares the openspace plan it would typically contain a section onplan implementation, so that the plan may becomepart of the municipality’s fiscal planning process,zoning regulations and other regulatory requirements.

Local Open Space GroupsOften, local advocacy groups are the stimulus

for the development of governmental open space

plans. Such groups may find it necessary to developan open space plan to raise the issue of open spaceconservation in the community. Such a plan mayhave the purpose, for example, of focusing atten-tion on threatened natural or scenic resources in thecommunity, or proposing a bicycle/pedestrian sys-tem.

Land TrustsThere are nearly 100 land trusts in New York,

most of them with a local focus. They are privatenonprofit organizations dedicated to conserving im-portant tracts of land and managing them for con-servation purposes. Their local orientation makesthem ideal to help develop open space plans and topartner with others in planning. Their traditional roleis to accept donations of land in fee and conserva-tion easements from private owners, as a privatemeans of conserving open space. Land trusts aregood sources of technical and scientific informa-tion on open space resources in the area, and shouldbe consulted in plan preparation. An increasinglyimportant role for land trusts will be to work in part-nership with localities to provide stewardship forlands conserved as open space by the municipality.

Conservation Advisory Councils (CACs)There are over 300 CACs in New York, cre-

ated by action of the local city, town or village leg-

Public/Private PartnershipsThe Westchester County Department of Planning prepared “A Plan for Parks and Open

Space” in the mid-1990’s. Based on the plan, the Department maintains lists of availableparcels and a priority listing for various acquisition purposes. Taking the next step,

Westchester County has committed $10 million per year over five years towards open spaceacquisition for both passive and active recreation. The County also recognizes that partner-

ships with state and local government and non-profitorganizations such as the Westchester Land Trust,

Open Space Institute, Trust for Public Land, and ScenicHudson are extremely important for reaching open

space goals. This trend at the county level for protect-ing open space has recently been reflected at the

local level. As of March 2002, ten Westchester towns,villages and cities have passed open space referenda

to raise moneyfor land preservation.An example of a successful partnership effort was the

acquisition of the Unification Church property on the Hudson River by Westchester County in2001. This 39-acre property links three National Historic Landmarks: Lyndhurst, Sunnyside and

Belvedere, and is part of the Great Estates Corridor along the Hudson River. The National Trustfor Historic Preservation and Historic Hudson Valley agreed to mange the property. Scenic

Hudson helped to negotiate the deal between the various parties.


islative body pursuant to state enabling authority.CACs advise the municipality on natural resourceissues and are authorized to prepare an open spaceinventoy and map for adoption by the local govern-ing body. Following adoption, CACs are authorizedto conduct advisory environmental reviews ofprojects before the municipal planning board whichmay impact the lands described in the open spaceplan.

Environmental ManagementCouncils (EMCs)

EMCs may be created by counties under Ar-ticle 47 of the Environmental Conservation Law.Their membership consists of representatives ofCACs and other at-large members. They advise coun-ties on environmental matters and could be of vitalassistance in county open space planning.

Involving the Public and KeyCommunity Land Users

It is important that key social, economic andinstitutional land use components be involved in theplanning process in order to obtain information ontheir goals and understand their needs. The schooldistrict, for example must be consulted with respectto recreational open space planning. Often, schoolathletic fields can be incorporated into an overallsystem of community recreation in conjunction withmunicipal and private facilities. It is common for mu-nicipalities and school districts to enter into agree-ments for the reciprocal use of facilities. Similarly,senior citizen housing owners should be consultedto determine how open space might enhance the qual-ity of such housing. The business community shouldbe consulted in order to obtain views on how parksand small green spaces might be developed and usedfor events and festivals to draw people to commer-cial areas.

Involving the general public is of course neces-sary, but is too often done after the fact, when a draftplan has been developed, and the value of public in-put becomes reduced. When draft plans are presentedfor review, the process sometimes becomesadversarial rather than productive. The public shouldbe involved in plan development, and the use of theplanning charette, discussed below, should be con-sidered. At the very least, meetings of the planninggroup should be well-publicized and held at timesand places convenient for public attendance.

Planning CharettesA public planning charette is a way to gain

meaningful public involvement. Members of the pub-lic as well as key people involved in various aspectsof open space and community development meet insmall groups with planners for a few hours at a timeto create proposals for geographic areas. The pro-cess allows for people’s ideas to be represented ingraphic and practical terms. Planners then take therough proposals and turn them into more polishedrepresentations for later review and refinement.

Monroe County EMC’sPreservation of Environmentally

Sensitive AreasThe Monroe County Environmen-tal Management Council (EMC)formed the Preservation of Envi-

ronmentally Sensitive Areas (PESA)committee in 1991. The commit-tee worked with conservation

boards and environmental orga-nizations throughout Monroe

County to compile a list of sitesthey believed to be sensitive.Sites were evaluated by local

naturalists and committee mem-bers. There is a special emphasison sites that preserve ecosystemswhen combined with other sites.The committee recommendedthat these sites be protected

should the opportunity arise. Animplementation committee hasworked with property owners,

residents, County and municipaldecisionmakers, New York State

and environmental organizationsto preserve, protect and raise the

awareness of these properties.Through this process, Monroe

County EMC has developed aframework for identifying andevaluating sites which can be

used by other New York countieslooking to protect sensitive areas.

Copies of the report may beobtained by contacting MonroeCounty EMC; 111 Westfall Road,Room 962, Rochester, NY 14620,(585) 274-8063 or PO Box 92832,

Rochster, NY 14692.


Charettes are often used to develop design plans forneighborhoods, streets or areas. In this manner, forexample, open space plans might be developed foreach discrete area of a community in order to as-semble an overall community plan. The process mayalso be productive in developing a single plan for anentire community, and need not be based on dividingthe community into areas. A design charette can beused to generate proposals for the use of a specificparcel such as a newly acquired lot for a playground.

Charettes are useful in translating often generalpublic opinion (e.g., “we should have more parks”)into specific proposals that are based on the realitiesand difficulties in implementing generalized goalstatements. Attendance at charettes should includepeople in the community who have hard knowledgeof the area (e.g., “there’s a conservation easement onthat farm” or “the planning board has already ap-proved a subdivision for that area,” etc.) In additionto generating a visual expression for an area, charettesgive the public a more vested interest in the outcomeof the planning process, so they are more likely toremain interested and committed. Members of thepublic have a means of creating, not just reacting toplans, which is a more meaningful way of participa-tion.

ProcedureWhile there is no particular procedure for the

development of an open space plan, whether by amunicipality or another entity, there are guidelinesfor its approval and implementation. Where an openspace plan is being prepared by the municipality as apotential amendment to its comprehensive plan, theapplicable enabling statutes require one or more hear-

ings by the board preparing the plan prior to con-sideration by the local legislative body. Next, thislocal legislative body must hold at least one publichearing before making a decision on adoption of theplan. Private groups are not subject to State stat-utes such as the Open Meetings Law or the StateEnvironmental Quality Review Act, but governmentgroups must comply with those statutes.

While groups of volunteers often may be ableto develop open space plans, it is very helpful tohave professional assistance in many aspects of theplan. Volunteer members of a planning group canbe expected to provide direction on communitypolicy issues, and, in many cases, will be able toprovide information on open space lands and re-sources. The planning group will also serve to drawpublic opinion on open space issues, and facilitatediscussion at public forums.

It is a good idea to develop a work programand establish the basic methodology to be used forthe development of an open space plan. The meth-odology will be a function of several factors, mostlyconcerning the development posture of the commu-nity and the funds available for conducting plan-ning work.

Every municipality which has enacted land useregulations should conduct a study of the recre-ational needs of the community in order to judgewhether new residential development will contrib-ute to demand for certain facilities. Under munici-pal planning and zoning enabling legislation, mu-nicipalities may require that developers of residen-tial property provide recreational facilities andparkland, or cash in lieu thereof, where the devel-opment would impact the recreational needs of themunicipality. The enabling statutes provide thatplanning boards may require such facilities ormoney based upon findings [which] include anevaluation of the present and future needs for parkand recreational facilities in the [city, town or vil-lage] based upon projected population growth towhich the particular [subdivision plat or site planapplication] will contribute.

In order to avail itself of this authority, a mu-nicipality should have completed a study of its rec-reational and park land needs which enables it toconclude that a given residential development willcontribute to increased need. Where a park cannotsuitably be located within a given development, thedeveloper may be required to contribute funds inlieu of such land. Those funds must be placed in a

Participants meet inplanning charettes


separate trust account to be used for park andrecreation land purposes. This authority maynot be used arbitrarily, but must be based uponan analysis of the municipality’s needs. Wherea municipality undertakes an open space plan-ning process, it should certainly include a parkand recreation needs study as part of such aplan.

Many communities are linking openspace analysis to broader questions concern-ing growth and development. Certainly, for ex-ample, water quality can be improved as a re-sult of open space conservation, where aqui-fers are protected from inappropriate devel-opment, steep hillsides are preserved from de-velopment and buffers are established alongstreams. In addition to direct environmentalbenefits which can be realized from open spaceconservation (See Chapter 3), various studiesin recent years show that low density residen-tial development, which often eats up openspace, costs more in services than it earns intax revenue. Open space, which requires littlein services, can have just the opposite result.In this sense, it is especially important for com-munities to link open space planning to theoverall growth and development of the com-munity. For example, areas which are diffi-cult to provide with services, such as steepslopes, are often important open space re-sources. By correlating areas which presentnegative development factors and positiveopen space values, the highest priority areasfor conservation may be developed.

InventoryRegardless of methodology, almost all

community plans begin with an inventory. Inthe case of an open space plan, the inventoryshould include the range of items which could sat-isfy a community’s open space needs:

• Scenic roads, views and vistas;• Rivers, lakes, ponds and streams;• Wetlands;• Wildlife habitat;• Existing public lands, such as parks, trails,

and other recreation areas;• Working landscapes such as farms and for-

ests;

• Unique geologic formations such as cliffsand caves;

• Trails, bikeways, railroad beds and otherimportant rights-of-way;

• Historic landscapes;• Flood plains, erosion hazard areas and steep

slopes.More information on resources is found in Chap-

ter 3. It is also desirable to map open space resourcesin relation to other features such as roads, housingand commercial development in order to get a sense

Local Open SpaceResource Inventory

The Town of Philipstown, Putnam County, is updatingits comprehensive plan in 2003, after completing acommunity visioning process - Philipstown 2020. A

special board was appointed by the Town Board toprepare the comprehensive plan. As part of thisprocess, a work group of the special board was

formed to focus on open space. They identified openspace features and categorized them by one of four

functions: community character, public health,habitat and recreation. An inventory of the Town’sopen space and natural resources was developedand mapped using GIS. This inventory was used to

further refine the community’s goals and to come upwith implementation measures to integrate thesegoals. The open space/natural resource portion ofthe process received funding through a grant fromthe US Forest Service and Regional Plan Association

as part of the Highlands Regional Study. The openspace work group used data from the New York

Natural Heritage Program, The Nature Conservancy,the Hudson River Valley Greenway, Putnam County

and Rutgers Remote Sensing Department.

The Oak-Tulip treeforest in Philipstown

is of exceptionalquality


of the impacts of the built environment on openspace and to understand how open space land mightbe used in conjunction with these other features. Un-developed land adjacent to dense housing clustersfor example, might well serve youth recreationalneeds by development of athletic fields. Existingparklands, as another example, should be protectedfrom commercial development encroachmentthrough appropriate zoning.

Another key element to open space planning isto inventory and map areas which people subjec-tively feel are important. A community may have anundeveloped entrance or gateway area, for example,which contributes to a positive visual character.While such an area might not show up on a tradi-tional resource inventory, it may be of critical im-portance to the character of the community and ofconsiderable importance to preserve. Members ofthe planning group play an important role in develop-ing such information.

The theme of this chapter is that open spaceresources should be tied to a community’s overallgrowth and development goals. That notion is per-haps best illustrated by inventorying both positiveopen space elements such as scenic beauty and farmfields and negative development factors such assteep slopes and cost of sewer extensions. Thesefactors, when inventoried and assigned values,should then be spatially analyzed to see where theyoverlap, through an overlay system.

Overlay SystemA common method of identifying lands which

might be eligible for conservation is the overlay map-ping system. In this system, various resources and val-ues are entered on separate maps, which are then over-laid to reveal clusters of significant resources. Theseareas are then analyzed for further review to determineif conservation is warranted. In many cases, potentialareas for conservation contain conflicting land use ob-jectives, but often, the objectives are complementary.

Traditionally accomplished by entering resourceinformation on transparent sheets of acetate, comput-erized Geographic Information Systems (GIS) allowfor far greater analytic capability. It is important for amunicipality to consult with nearby communities andtheir county and regional planning offices for coordi-nation in using a GIS system. These local agencies willoften already have much relevant data such as soilsand wetlands entered into a GIS system. Counties areincreasingly using GIS systems to enter tax map par-

cels, which can be useful in identifying specific par-cels for further study.

New York State has established the GIS Clear-inghouse, which operates the NYS GIS Data SharingCooperative. All State agencies are required to be mem-bers of the cooperative, and local governments mayjoin the cooperative at no cost. Membership in the co-operative also includes nonprofit organizations and fed-eral agencies. Membership potentially provides accessto a great deal of GIS data, and will undoubtedly leadto more data in the future. Local governments shouldconsider joining the cooperative, which has informa-tion online at www.nysgis.state.ny.us. Membership pro-vides several benefits including notices of training, andlinks to a wealth of GIS information.

ProductWhether open space planning occurs as part of

the community’s overall comprehensive plan, or asa separate process, the resulting open space planshould be published as a map. Traditionally, loca-tions of parks, recreational facilities, bikeways andpreserves have been mapped by communities as away of displaying community assets. Inevitably,when communities are promoting the quality of lifethey provide, maps of their open spaces are promi-nent among the amenities, along with the quality oftheir schools. An open space plan map of potentialprotected open spaces serves much the same pur-pose by creating a vision of how the communityshould be. Many communities or groups publish asummary of the open space plan on one side of afolded open space map.

The format of the open space plan depends agreat deal on the approach taken in developing theplan. In some cases an open space plan will be ageneralized guide for future decision-making. Thesetypes of plans are the result of “visioning” planningprocesses which are concerned with shaping theoverall character of the community. In these cases,attention is given to graphic quality, and numerouscopies are printed for widespread distribution. Thisis particularly true of open space plans prepared byprivate groups, and open space plans which deal withregions. In some cases, an open space plan will be aparcel-by-parcel plan of areas to be conserved, inwhich case, a widely distributed version may not benecessary.

Implementation is accomplished through regu-lation, acquisition, taxation policy or a combinationof all three. Implementation of the open space plan


may be accomplished in a number of specific ways,as outlined in Chapter 4. It is advisable for any openspace plan to contain at least a generalized actionplan which lists actions needed to implement theplan, so that decision-makers and the public have aguide to future decisions. If, for example, the openspace plan maps out a preferred bike route throughthe community, the plan should indicate how to bringthe bike trail to reality. Of course selection of theroute should itself be formed by the realities ofimplementation so that, wherever possible, the routeshould be located on public land and on public roads.In those cases, perhaps implementation could be ac-complished merely by installing bike trails and cre-ating bicycle lanes on certain roads. Where a trailmust cross private lands, the plan should suggestthe alternatives for obtaining access, such as pur-chase in fee or easement.

A map is the key for successful implementa-tion. Planning boards use such maps in determining

whether to require that open space land be set asidethrough the cluster development process. Maps alsoallow the public to check progress in implementingopen space conservation goals. Where open spaceplans have been prepared by private non-govern-mental organizations they can be used to conveytheir vision for the character of the community. Gov-ernment decision-makers can relate open space landsto plans for new facilities to ensure that open spaceis not diminished and to use the system of open spaceto plan for the location of new development.

As mentioned above, where the local legisla-tive body has caused the open space plan to be pre-pared, it may consider whether to officially adopt itas part of the comprehensive plan. If so, the actionis subject to the State Environmental Quality Re-view Act. Non-governmental organizations are notsubject to that statute.


CHAPTER 3:OPEN SPACERESOURCESTO BE CONSERVED

Wetlands, scenic views, historic sites, parks,trails, lakes, streams, forests and farms are

among the many open space resources that make acommunity a great place to live. This chapter includesinformation on these and other resources to be con-served and what a community needs to know aboutthem to create an open space plan.

A successful open space planning processshould examine all of the open space resources in acommunity to determine the importance of each typeof open space to the people of the community and toidentify those areas that deserve particular attention.This chapter discusses several aspects of this inven-tory process, including:

• a description of the many types of naturaland cultural resources that may be found ina community;

• the specific benefits that conservation ofeach type of open space can bring to thepeople of a community; and

• the sources of assistance for preparing aninventory of each type of resource.

Resources likely to be identified in an inven-tory are places within a county, city, town or villagethat have meaning and importance to the residentsbecause they:

• are ecologically important as habitat forplants and animals;

• protect the quality, quantity or public use ofwater resources including watersheds, aqui-fer recharge zones, lakes and streams;

• have distinctive character, such as sites orareas of historical, cultural or scenic impor-tance. These features contribute to the senseof pride, spirit, and uniqueness of a commu-nity;

• have recreational value, such as parklandsor potential parklands, playgrounds, water-

way access sites, trails and scarce urbanopen space;

• are important as working landscapes thatsustain the industries of farming and for-estry while, at the same time, enhance sce-nic landscapes, wildlife habitat or a ruralway of life; and

• have educational or research value.In designing an open space plan, it is useful to

think about each category of open space separately,even though many areas may be important for sev-eral reasons. A working farm, for example, may beimportant for scenic and historical values, as wellas a working landscape and habitat for plants andanimals. When trying to identify those places withina community that are most important to conserve asopen space for the future, these places of multiplevalue may deserve special attention.

The first step in the process is to take an inven-tory of the resources in a community. Some re-sources, such as scenic and recreational, need to beidentified by each community itself through com-munity meetings, surveys, or planning charrettes(suggested in the previous chapter). Valuable con-tacts and sources of assistance are listed at the endof this document.

Mapping is an important part of the open spaceplanning process as well. In addition to the descrip-tion of the resources and the importance of the re-sources to the community, knowing where resourcesare located allows the plan to be implemented inthe most effective manner. Mapping techniques aredescribed in Chapter 2, while this chapter includessources for existing maps.

State and Federal ProgramsA number of state and federal programs pro-

tect portions of the resources described in this chap-ter. Most do not comprehensively protect resources.For example, biodiversity laws generally exist onlyfor endangered and threatened species, which is atiny subset of biodiversity. Most federal and stateprograms are reactive. Creating a local open spaceplan is a proactive process and considers a muchgreater range of factors than do any of the state andfederal programs in place. These programs protectsome of the resources found within the community,but do not help communities directly with the openspace process. It is important to know what theseprograms protect, so that there is no duplication ofeffort and that they can be factored in as part of the


overall local plan. These programs may also be goodsources of information about the resources they weredesigned to safeguard. Certain key programs are de-scribed in the text of this chapter. Other funding pro-grams are described in Chapter 4.

BIODIVERSITY:Species and Habitats

Biodiversity, or biological diversity, is the va-riety of life from genes to species and ecosystems.It encompasses several of the other resources de-scribed in this chapter; forests, water resources, andeven farms contribute to diversity. To protectbiodiversity, the land that is needed for species andecological communities to thrive must be protected.This entails knowing where the key habitat is (map-ping) and what is needed to allow the habitat to per-sist (ecology).

Of the three levels of biodiversity (genetic, spe-cies, and ecosystem), ecosystem diversity is the mostcomplex and least understood. It includes ecologi-cal communities, which are groups of plant and ani-mal populations that share a common environment.Diversity of ecological communities can be consid-ered from a local as well as regional point of view.The broadest view considers diversity of ecologicalcommunities and habitats across a region like NewYork State. As components of the ecosystem, spe-cies and their genes are protected when ecosystemsare adequately protected. Finally, natural distur-bances, such as fire, floods and landslides are es-sential to maintaining the diversity of some habitatson the landscape and for sustaining ecosystem di-versity and health.

Healthy forests, wetlands, and fields providemany benefits to human communities and are a re-sult of species interacting with the non-living envi-ronment. The production of oxygen, control of ero-sion, protection of aquifers, filtration of water sup-ply, formation of soil, and the cycling of organicmatter are a few examples. These are things societyvalues, yet nature provides for free. Developmentsited without consideration of the natural systemsthat provide ecological services may interfere withthe continuation of these natural processes.

How Can Open Space PlanningConserve Biodiversity?

Open space plan implementation is an impor-tant part of local biodiversity conservation, since itprotects intact habitats and ecological communites.

Each habitat is home to hundreds of species andhabitat protection is essential to protecting the spe-cies that live there and the services the habitat mayprovide.

Poorly planned development fragments habi-tat. When already small parcels of land are furtherseparated by development, they become too smallto support the complex interactions of organismsrequired to maintain the ecosystem. Retaining largerpieces of undeveloped lands is important for reduc-ing fragmentation and maintaining habitat connec-tions. This can be accomplished by protecting openspace networks in rural areas.

Protecting biodiversity with open space is of-ten consistent with other open space planning goals.However, certain species and habitats are very sen-sitive to disturbance and some recreation goals maybe incompatible in those areas. Once the biodiversityresources in protected areas are identified and pri-oritized by the community, the most sensitive areascan be protected from disturbance.

Open space is only one part of protectingbiodiversity in a community, though it may be themost important. Other considerations that should bepart of biodiversity in an open space conservationplan are comprehensive or master planning that con-siders natural resources, compatible zoning and sub-division regulations, best management practices(BMPs) for stormwater and wastewater, naturallandscaping, and managing land for natural habi-tats. A discussion on these topics is beyond the scopeof this guide. Books listed in the bibliography canhelp communities do this.

What to Protect?If biodiversity is the whole of nature - what

does a community protect? Priorities need to bemade by the entity developing the open space planbased on its values, but there are some general prin-ciples to follow:

• Federal, State and regional rare species andtheir habitats should be protection priori-ties. Information on federal and State listedspecies can be found in the local DEC re-gional office and through the NY NaturalHeritage Program. Regional rarities can befound by consulting biology professors atlocal colleges and universities, naturalists,or other research institutions.

• For overall biodiversity, much can be doneto conserve biodiversity by protecting in-


tact and functioning habitat. Emphasisshould be placed on linking habitats on landadjacent to already protected areas. Link-ing habitats also connects groups of thesame species, which allows them to inter-breed and maintain healthy populations.Larger patches of habitat are better able tosustain species and natural disturbance pro-cesses, such as fires, floods, seasonal waterdrawdowns, and wind exposure. Naturaldisturbance processes are essential for main-taining biodiversity and should be allowedto function wherever possible. Habitats toconsider are wetlands, forests, caves andcliffs, and open uplands. Areas that are im-portant due to their landscape context in-clude stream corridors, shoreline areas andparks and preserves.

The following are general types of habitat andimportant areas local governments should considerin creating open space plans. These habitat typescan be identified by readily available maps, photosand soil surveys. Species and habitat informationwill supplement open space work, and provide morespecific guidance on protection and management.

Wet landsA wetland is a transitional area between

aquatic and upland ecological communities that of-ten has qualities of both. Wetlands also occur wherethe groundwater is near or at the surface, saturatingthe soil and the root zone of the plants that growthere. Plant species that live in or near wetlands areadapted to the wet conditions.

An estimated 60 percent of the wetlands in NewYork State have been lost since the 1780s. Still, NewYork State harbors a great diversity of wetlands.From groundwater fed fens and precipitation depen-dent peat bogs to open marshes that absorb over-flows from adjacent waterbodies to small pools thatare only wet for a portion of the year, the New YorkState Natural Heritage Program describes 57 differ-ent wetland types (Reschke 1990, Edinger et al.,2002).

Wetlands are defined by their hydrology, land-scape setting and resident species. Some are wet fora short time of the year and most of the time are notrecognizable as wetlands, yet they are often veryimportant wildlife habitat. The great variety of wet-lands that exist support a wide range of species.Some wetlands, including forested wetlands, fensand bogs are so unique they cannot be replicated by

wetland creation. The value of these wetlands isespecially high because of the specialized wildlifethat may be limited to these areas.

Wetlands perform numerous functions, such asremoving and recycling nutrients from the water thatflows through them. These functions, in turn, pro-vide benefits to the environment and the commu-nity. For example, the benefit derived from nutrientremoval is improved water quality. This water puri-fying function is valuable for a number of reasons,such as clean drinking water, safe recreation andsecure fish and wildlife habitats.

To protect wetlands fully, the existing hydrol-ogy, or the way water moves through the system,must also be protected. Buffers around wetlands helpprotect hydrology for some wetlands, but others suchas groundwater fed fens need other considerations.Leaving natural vegetation as a buffer around wet-lands helps protect the wetland and downstreamfrom fertilizers, pesticides, and erosion. Municipali-ties should also consider uplands adjacent to wet-lands in their conservation efforts. Mole salamandersbreed in wetlands, but use upland areas for foragingand hibernating. Protecting the wetland without pro-tecting the associated upland habitat can result inthe loss of salamanders from that wetland.

In order to protect wetlands for biodiversity andecological function, a community can incorporatewetland protection into its zoning and other landuse regulations. This should include wetlands pro-tected by New York State and adjacent upland habi-tat in wetlands that harbor sensitive species. Localwetlands that are part of a larger watershed can bestbe protected and managed through intermunicipalwatershed planning, which is described in the wa-ter resources section. However, because state andfederal programs protect only 80% of New York’swetland resources, local conservation efforts arecritical in filling this gap.

NYS Freshwater Wetland Maps are availablefrom all municipal clerk offices, otherwise contactthe DEC Regional Office, Syracuse Blueprint Com-pany; 825 East Genesee, Syracuse, NY, 13210, (315-476-4084) or download from Cornell University:www.cugir.mannlib.cornell.edu/index.html.

Tidal wetlands maps are available by callingthe NYSDEC - Stony Brook Office (631-444-0295)to identify the map number and writing Nassau-Suf-folk Blue Print Co., Inc.; 350 Wheeler Rd;Hauppauge, NY 11788.


The US Fish and Wildlife Service maps wet-lands under the National Wetland Inventory Program.These maps are available from the Cornell Institutefor Information Resource Systems (see Contact List)or download them from www.nwi.fws.gov. Countysoil survey maps, available from your County Soiland Water Conservation District are also useful be-cause organic and hydric soils are good indicators ofwetlands.

ForestsA forest in the Adirondacks

looks a lot different than a forestin the Hudson Highlands. Differ-ent trees, different shrubs and dif-ferent animal species inhabit both.For example, it is unlikely to see abox turtle in the Adirondacks or amoose in the Hudson Highlands.Many different types of forest ex-ist, which are defined by the plantspecies that live there. From chest-nut-oak, and mountain spruce-fir forests, to maritimered cedar forests, the New York Natural Heritage Pro-gram describes 28 distinct forest types (Reschke1990, Edinger 2002). The different plant communi-ties also support different types of wildlife.

Forests provide multiple benefits for communi-ties. In addition to the many species that use forestsas habitat, there are numerous economic benefits:such as recreation, tourism and the forest productsindustry. Trees and forests also enhance acommunity’s quality of life. They have aestheticvalue, provide shade and cooling, reduce soil ero-sion, aid groundwater absorption, filter pollutants,and produce oxygen. Some species specialize in largeforests, barred owls and bobcat, for example, and candisappear as forest lots become smaller and smaller.Large, intact forests are becoming less common ashabitats are becoming more fragmented. Unplanneddevelopment leaves small parcels of land betweendevelopments that cannot sustain their original habi-tats, leading to a significant loss of species from thearea.

To best protect forests, one should consider theirsize, condition, and type. Forest size is important,but how large is an unfragmented forest? It dependson the municipality. In a highly developed commu-nity, a five-acre lot with relatively mature trees is ex-tremely significant. In more rural areas, you mayconsider 100, 500 or 1000 acre areas as most valu-able. Lands connected to already protected forested

areas are also extremely important. Research at TheNature Conservancy has shown that 15,000 acres ofunfragmented forest is essential for the protectionof the full range of forest wildlife and complete eco-system function. Remember though, that forests inyour community may be locally important, even ifthey cover just a few acres. This is especially true ifa forest is near other important forest habitat.

Aerial photos, available from the United StatesDepartment of Agriculture through USDA Service

Centers, also from the CornellUniversity Institute for ResourceInformation Systems, and some-times from County Planning orReal Property Tax Departmentscan be used to identify forested ar-eas. Digital Ortho Photo Quads(DOPQ), which are aerial photosat 1:24,000 scale are availablefrom www.nysgis.state.ny.gov.The New York Natural Heritage

Program provides maps of high quality and rare for-est types.Open Uplands: Shrublands, Grasslands, Bar-rens, and Farms

Open upland areas depend on disturbance ofsome kind to maintain their condition. Without dis-turbance these areas will naturally become forestsover time. The soil will become enriched with deadplant material, trees will invade and the distinct plantassemblage of the open area will be lost. Many ofthese open areas support rare or declining species.The federally endangered Karner blue butterfly oc-curs only on inland pine barrens in association withthe blue lupine plant, which is dependant on fire togerminate. Grassland birds are in decline statewideas farms are abandoned and revert to woodlands. Pinebarrens, which occur on Long Island, in the CapitalDistrict and the Rome Sand Plains, are unique eco-logical communities that specialize in poor soil. Ifthe soil becomes enriched with dead plant material,trees invade and the unique landscape is altered.

Many early successional habitats are in declinebecause of decreased frequency of disturbances. Dis-turbances include fire, floods, and blowdowns. Spe-cies in the natural environment are adapted to, andmay be dependent on, these disruptions on the land-scape. Some areas of these habitats are no longerlarge enough to maintain their own disturbance re-gimes. When a municipality or other landowner takesresponsibility for the stewardship of such habitat ar-eas, they need to consider management options that

Succession: The natural,sequential change in the

composition of a plantcommunity over time. In

New York, the natural ten-dency of plant communities

is to turn into forest.


will maintain the early successional habitat. Forgrasslands, this can easily be done by mowing oncein November.

Farming activities, also in decline in New YorkState, mimic some natural disturbance processes andcan be extremely important to biodiversity for thatreason. The bog turtle, which is on the federal threat-ened species list, and a number of grassland birdspecies have survived and even thrived on activefarms.

Cliffs and CavesCliffs and caves are exposed rock formations.

Cliffs are vertical exposures of resistant rock withlittle soil and support unique species of lichens andferns, as well as provide habitat for the state-threat-ened peregrine falcons and common ravens. Cavesare either natural rock formations or abandonedmines. These areas are especially important for batswhich are beneficial animals because they consumesignificant numbers of biting insects. A buffer isneeded around the mouths of caves in order to sup-port the species that use them, particularly bats. Bothareas can be important for recreation, so the bal-ance between recreation and protection needs to beconsidered.

Other Important HabitatsShoreline habitats, stream corridors, and parks

and preserves are important areas due to their land-scape settings. These are collections of habitats thatmay include any of the others described in this chap-ter. Their settings make them unique in their expo-sure to disturbance, such as frequent flooding instream corridors, tides in coastal areas, or in the caseof parks and preserves, increased habitat value dueto fully developed surrounding areas.

ShorelinesThe shorelines of oceans, estuaries and large

lakes are significant habitats due to their exposureto permanent natural disturbances. Ocean coastaland estuary shoreline habitats are influenced bytides, wave action, and salt water. This leads to aninteresting collection of habitats including coastalsalt ponds and salt shrub on the coast of Long Is-land, and brackish and freshwater tidal mudflats inthe Hudson River Estuary. Beaches and dunes arealso important features where rare species like theRoseate tern and beachgrass are found. Shorelinesof large lakes including Lakes Ontario and Erie, aswell as Lake Champlain, Oneida Lake and the Fin-ger Lakes provide habitat for waterfowl. Shorelinesare made of a variety of material, including sandyand cobble beaches that provide habitat for a vari-ety of species. Beyond the shorelines themselves,dunes may be present, as in the Eastern Lake Ontarioregion. Maintaining and buffering these habitats alsohas value in reducing beach and shore erosion andincreasing water quality.

Submerged aquatic vegetation (SAV) is criti-cal for the support of the aquatic ecosystem. SAVgrows in the shallow areas of lakes, oceans and es-tuaries and provides habitat and food for larval andadult fish, waterfowl, and the invertebrate speciesthat feed them. These shallow vegetated areas, whichare the most productive of aquatic systems, are alsoknown as littoral zones. Protecting open spacesaround lakes and along estuaries and limiting dis-turbance of SAV beds when boating will help sup-port the aquatic ecosystem.

Riparian Areas (Stream Corridors)Riparian areas are located along rivers and

streams and are comprised of many other habitats,

Inland Poor Fen:Fens are wetlandsfed by groundwa-ter and cannot be

recreated bymitigation.


such as wetlands, grasslands and forests. Riparianareas are also known as stream corridors or flood-plains. Flooding naturally occurs along streams andis important to the wildlife that use riparian areas.The trees and other vegetation that grow alongstreams are adapted to frequent flooding. Greenfrogs, wood turtles, pileated woodpeckers, and red-starts are well known riparian residents.

Many other species of wildlife use riparian ar-eas during a portion of their lives. Riparian areasare used for nesting, foraging, hibernating, migrat-ing and access to water. In addition to wildlife ben-efits, healthy riparian habitats, particularly naturalforested communities, provide a number of waterquality and stream stability functions. The roots ofriparian vegetation help to strengthen stream banksand provide resistance to erosion. Streamside veg-etation creates habitat such as undercut banks wherefish find refuge and overhanging tree limbs that coolthe water and shelter macro invertebrates. Forestedvegetation provides the primary source of energy(carbon from trees that drop their leaves in the fall)for life in small to medium sized streams.

Riparian areas can be identified by looking forstreams and rivers on maps or locating 100-yearfloodplains on maps from the Federal EmergencyManagement Agency (FEMA). Wildlife may use ri-parian buffers with natural vegetation up to 1000feet. Smaller buffer widths can provide benefits,such as protecting stream banks from erosion, andfiltering excess nutrients and pollutants in runoffbefore they reach the stream. The NYSDEC requiresa permit for alteration of the banks or bed of a pro-tected stream or the bed of a navigable stream.Stream banks are defined as those lands within 50feet of the mean high water mark or top of slope, ifidentifiable.

100-year floodplain maps are available fromthe Federal Emergency Management Agency MapService Center 1-800-358-9616 or go to: http://www.msc.fema.gov/MSC/; NYSDEC maintains bio-logical stream survey maps in paper and GIS for-mat.

Parks and PreservesParks and preserves can be extremely impor-

tant for biodiversity, especially in urban and heavilydeveloped suburban settings. These include Stateparks, wildlife management areas, State forests, Statereforestation areas, county parks, town and cityparks, as well as private conservation land managedby lands trusts.

Natural areas within these protected areas areimportant wildlife habitat. An open space planshould consider the need to buffer parks and protectthese ecosystems by strategically acquiring adjacentland or by effectively regulating land use aroundthe park or preserve.

WATER RESOURCES

New York State has more than 52,000 milesof rivers and streams and more than 7,800

lakes, ponds and reservoirs, providing many ben-efits and opportunities for communities and tour-ists. Riverfront and lakefront property is in high de-mand because people want to have swimming, fish-ing, boating and other recreational activities at theirdoorstep as well as the scenic vistas that a shorefrontproperty can provide. Rivers, lakes, and groundwa-ter aquifers are sources of drinking water for NewYork State residents and are home to a variety ofplants and animals. From coastal estuaries to fresh-water mountain brooks, New York’s water resourcesprovide a rich diversity of habitats for many speciesof fish and wildlife.

The water quality of streams, rivers, lakes andgroundwater aquifers can easily be degraded bychanges in land use and development in watershedsand recharge areas. To protect water resources it isimportant to take a watershed-approach to appro-priately direct changes in land use and developmentpatterns, and explore opportunities to preserve openspace. Preserving open space, such as forested landcover, is one of the most important steps we cantake to proactively and effectively protect waterquality.

This section will discuss how streams, lakes,rivers, wetlands and estuaries are connected by awatershed, how water resources can be degradedand provide tools for protecting water resourcesthrough open space planning.

Today, the vast majority of water quality im-pacts to a watershed are from nonpoint sources ofpollution. The term nonpoint source is used in con-trast with the more easily identifiable point sourcedischarges from industrial and commercial pipe dis-charges, which are regulated by the State and fed-eral governments. Land uses can contribute tononpoint sources of water pollution; what is appliedto the land, how the land is manipulated, and whattype of land cover exists in a watershed all affectnonpoint source pollution loads. Nonpoint sources


are often diffuse and may not individually have alarge impact on a stream or river system, but cumu-latively can severely degrade water quality and thebiological integrity of a stream system.

Nonpoint sources of water pollution includerunoff from construction activity, impervious sur-faces (e.g., parking lots, roofs, roads, sidewalks),lawns, logging or timber harvesting, and agriculturalareas. Other sources of nonpoint source pollution andconstruction practices that can have negative effectson water quality and habitat include failing and leak-ing septic tanks, acid rain, and hydrologic and physi-cal alterations to streams, such as channel diversions,bank armoring, and construction of dam lakes andponds. Nonpoint source pollution can result in ex-cessive weed growth, algal blooms, murky water, lossof habitat for aquatic organisms, stream bottom sedi-mentation, unstable stream channels, and swimmer’sitch. In addition, toxic substances are often carriedalong with nonpoint source pollution. Some of thesesubstances, such as pesticides and heavy metals, canaccumulate in aquatic life and in terrestrial wildlifethat are closely connected to the aquatic environ-ment. This can lead to fish and wildlife consump-tion advisories and/or disruption of wildlife repro-duction. Negative effects are not limited to naturalresources, nonpoint source pollution can also imactthe quality of drinking water supplies.

Protecting Water Resourceswith Open Space

Forested and vegetated open space can signifi-cantly minimize the adverse impacts on water qual-ity from land use practices and development. Veg-etated land cover protects water quality by filteringpollutants before reaching the groundwater andstreams. Converting vegetated areas to paved sur-faces increases the amount and velocity of water run-off, resulting in stream channel damage, such as ero-sion and sedimentation. It also reduces the amountof water that recharges aquifers. It may be best tokeep certain areas in a watershed as open space toensure public recreation opportunities and to pro-tect water quality and aquatic habitat such as, flood-plains and stream buffers; wetlands and their buff-ers; important groundwater recharge areas; lakeshores; drinking water sources; estuaries and head-water areas.

Flood Plains and Stream BuffersInappropriate development along stream corri-

dors can impact the water quality of streams, marscenic views and lead to costly flooding problems.Livestock grazing on stream banks can contribute tothe destruction of fish habitat as a result of erosion,sedimentation and nutrient loading from manure.


Vegetated buffers, also known as riparian ar-eas, along stream corridors can help protect the eco-logical values of streams as well as provide recre-ational opportunities for walking and biking. Pro-tecting stream corridors has multiple benefits, whichinclude the following:

• Reducing velocity and volume of runoff intostreams, which helps to stabilizestreambanks and beds,

• Providing habitat for plants and animals thatrequire the narrow band of land along riv-ers to survive, and

• Improving water quality through shading/cooling the water, filtering excess nutrients,sediment and other harmful pollutants, andadding important woody debris to theaquatic environment.

Although all streams are different, the follow-ing graphic provides a general guideline for estab-lishing stream buffer widths and their associatedbenefits. A more detailed study may be needed tofind the appropriate protection buffer for a specificstream or river. The New York State Department ofEnvironmental Conservation requires a permit to al-ter the banks or bed of a protected stream within 50feet of the mean high water mark. A protected streamis one with a C(T) classification or higher. Listed in

declining order of quality, an “A” stream is consid-ered drinkable, a “B” stream is considered swim-mable and a “C(T)” stream supports trout spawn-ing. A local municipality may enact comprehensiveregulations for all streams in its jurisdiction.

WetlandsWetlands are nature’s sponges. They filter and

recycle nutrients from the water that moves throughthem, which helps to ensure cleaner water reachesour water supply. Wetlands absorb and releasegroundwater which helps maintain constant supplies

of surface water and therefore ensures a more pre-dictable water supply. Wetlands also absorb and re-lease surface flood waters, protecting landownersagainst flooding.

Although protecting the wet area of a wetlandprovides numerous benefits to the ecosystem, it isalso important to protect the adjacent wetland bufferfrom alteration. Buffers protect water quality andhydrology, and in doing so help ensure that a wet-land will continue to provide its ecological services.Adjacent upland habitats are also important to manyspecies of wildlife that use wetlands. Wetlands largerthan 12.4 acres plus 100-foot buffers and smallerwetlands of unusual local importance are protectedby the state Freshwater Wetlands Act. Inside theAdirondack Park, the Act protects wetlands as smallas one acre. A permit is required to fill, grade oralter the wetland or buffer zone. Throughout NewYork State, wetlands that are one acre or larger andconnected to a surface water system are protectedby the federal government, but no buffer is included.These programs protect about 80% of New York’swetland resources. Local wetlands that are part of alarger watershed can best be protected and managedthrough intermunicipal watershed planning.

Groundwater AquifersGroundwater aquifers absorb and release wa-

ter which helps keep surface water levels constant.

Wetlands Protection

The Town of Milton, Saratoga County,has protected sensitive environmen-tal features in their 2001 Comprehen-sive Plan zoning ordinance update.All wetlands, steep slopes and flood-plains are excluded from the build-able area at a site, so that all mini-

mum lot requirements do not includethese areas. Additionally, the Plan-ning Board may require an on-sitewetland survey by a professional

engineer, surveyor, or wetland biolo-gist. Also excluded are slopes greater

than 15%, the 100-year floodplain,and wetland buffer areas. Any appli-cant applying for a site plan review,

subdivision or special use permit mustinclude the location of these sensitive

areas in plan submissions.


Aquifer protection involves protecting the land inrecharge areas where water enters the soil and re-plenishes an aquifer. This can be accomplished, inpart, by limiting or restricting development on keyparcels of land in acquifer recharge areas and in thewatersheds of water supply reservoirs where ground-water may play a major part in replenishing a reser-voir. These purposes also may be achieved by pur-chasing land in fee title or by conservation ease-ment. When considering which parcels of land toconserve, a planning group should give special at-tention to those parcels in the recharge area of anaquifer or in the watershed of a water supply reser-voir. Communities may need to consult ahydrogeologist to identify critical recharge areasworthy of protection in their area. In addition to pro-viding open space, preserving this land will helpprotect the community’s drinking water. Some com-munities or regions in New York State, such as theTug Hill area and Long Island, have preparedgroundwater or aquifer maps, but many areas do nothave mapping resources for groundwater.

Lake ShoresLakes can provide recreational opportunities,

scenic views and water supplies, especially whendevelopment around them takes place in a respon-sible manner. Lakes are particularly sensitive to wa-ter quality impacts from nonpoint source pollution

commonly associated with poor lakefront develop-ment and encroachment. Nutrients and fertilizerscommon to landscaping and gardening practices,golf course maintenance and agricultural practicescan directly runoff into a lake or waterbody possi-bly causing eutrophication, algal blooms, weedgrowth and reduced oxygen levels. Failing septic-systems can have similar impacts to lakes by con-tributing excess nutrients and contributing harmfulpathogens that can restrict public swimming and rec-reation. Septic systems should be constructed as faraway from the lake as possible. Maintaining veg-etated buffers around lake shores can help reduceor prevent some of the impacts of nonpoint sourcepollution, as well as provide important habitat andprevent erosion.

Drinking Water SourcesPublic drinking water sources are sensitive to

pollution inputs from their watershed, especially ifthe drinking water source is surface water. Nutri-ents and sediment, as well as other pollutants com-mon to stormwater, in drinking water supplies cancreate the need for expensive water treatment tech-nologies to yield safe potable water. Protecting pub-lic drinking water supplies by preserving open spacein the drinking water source watershed can be a strat-egy that meets many recreation, natural resource,and public health goals.

Healthy stream corridors, such as the Black Creek inUlster County, NY, maintain stable banks, good

water quality and important wildlife habitat.


EstuariesEstuaries are where the freshwater from rivers

and streams meet the salty ocean water. In these ar-eas, one finds the mixing zones of saltwater tidesand freshwater flows. In addition to providing habi-tat for a diverse community of fish and wildlife, hu-mans rely on estuaries for transportation, recreationand as a food source. Coastal habitats, such asmarshes and tributaries, warrant open space protec-tion because of their important connection to keylife cycle stages of many species of resident and mi-gratory fish and wildlife. Development occurring inan upstream watershed or encroaching into the im-portant estuarine habitat (such as the upland buffersaround marshes and shallows and mouths of tribu-taries) can severely diminish stream habitat and wa-ter quality. Degrading these habitat areas can havean impact on the overall estuarine ecosystem, ex-tending well beyond the immediate, localized vicin-ity of the coastal environment. Open space planningin estuarine areas should also consider importantareas for tourism and water recreation activities. Es-tuaries in New York State include the Hudson River,St. Lawrence River, Peconic Bay and Long IslandSound.

Watershed PlanningBeyond the specific candidates for open space

protection, a proactive watershed planning programshould be in place to ensure that watersheds are notoverdeveloped in the remaining upland area. Wa-tershed planning provides tools and strategies forprotecting downstream habitat and water quality.

A watershed is the land area that drains to acommon outlet, such as a stream, river, lake, or es-tuary. Watersheds are not only the streams, ponds,wetlands, and waterbodies that drain to a commonplace, but also the fields, forests, parking lots, yards,parks, and other upland acreage that drains into thewaterbody of interest. Typically, less than one per-cent of a watershed is actually water. Watershedscan be of vastly different sizes, ranging from squareacres for a small wetland to thousands of squaremiles for an area like the Lake Ontario Basin.

Watersheds are dynamic hydrological systems.Nutrients, organics, sediment (soil), as well as pol-lutants can be carried many miles downstream fromtheir source. Poor development practices and over-development in the watershed of a stream, river, orlake can, and often does, lead to nonpoint sourcepollution impacts in other parts of the watershed,such as in a downstream lake or stream.

A direct relationship exists between percent im-pervious surface area and water quality. As the areaof impervious surface and development increases,water quality declines and the ecological integrityof a river or lake will likely be impacted. This canbe the case even in areas where stormwater is con-sidered to be well managed through best manage-ment practices. To ensure watersheds are not over-developed and adequate vegetated open space is pro-tected, communities should begin to plan on a wa-tershed basis, going beyond political boundaries. Avery effective way to protect water quality in astream, river, or lake, is to consider developmentimpacts in any watershed planning process. If thewatershed extends into other municipalities andcommunities, they should work together as partnersin watershed and open space planning. Water qual-ity impacts can extend far downstream and the ac-tivities of upstream communities can impact thewater quality of downstream communities.

Planning on a watershed-level provides manyother benefits beyond water quality, including a

Intermunicipal WatershedPlanning

The Dutchess County EnvironmentalManagement Council and the

Dutchess County Soil & Water Con-servation District spearheaded a

watershed planning process in theWappinger Creek Watershed in

Dutchess County in 1996. The projectincluded forming a Watershed

Planning Committee, land use andnatural resource mapping, water

quality data collection, watershedmodeling, and preparation of a

Watershed Management Plan withcommunity input. A Watershed

Intermunicipal Council was formedin 2000, and is presently consideringvarious implementation options for

watershed management. Educationon wetlands, watershed manage-ment and community leadershipwas conducted throughout the

process, in cooperation with CornellCooperative Extension of

Dutchess County.


mechanism to link terrestrial and aquatic environ-ments within a natural boundary, rather than tryingto manage and protect natural resources using po-litical boundaries. Watershed planning can providea multi-disciplinary strategy to address multiplenatural resource protection, recreation, and eco-nomic development interests into one cohesive, pro-active approach to community growth and develop-ment. Planning on a watershed level allows mul-tiple communities to come together to protect natu-ral resources and ecosystems, which extend beyondtheir political boundaries, and ensure that the re-sources are considered as the community grows.

Two watersheds where natural resource plan-ning and implementation are successful at a water-shed-level, are the Cayuga Lake in the Finger LakesRegion and the Wappinger Creek, a tributary to theHudson River. Both efforts are being undertaken bya diverse steering committee, including local offi-cials. The Cayuga Watershed Protection and Resto-ration Plan and Natural Resource Management Planfor the Wappinger Creek Watershed are providingroadmaps to help communities in those watershedsplan for the future and protect and restore their natu-ral resources.

WORKING LANDSCAPESAgricultural Resources

Working farms in New York State are an im-portant resource because they provide a livelihoodfor many people and fresh, local food for everyone.The 1997 Census of Agriculture identified 31,757farms in the state, occupying 7,254,470 acres of land.This is down from 38,000 farms on 8,200,000 acresin 1992. Farms are important to local economies andto the state economy as a whole. If these businessesthrive, farmland will remain in agricultural produc-tion and communities will retain the open space ben-efits that they provide. Agricultural land providesfood and fiber, exports, jobs, open space and wild-life habitat that are all essential for human survivaland the quality of life.

Productive farms and farmland often have cul-tural and historical significance. Working farms rep-resent a way of life that was once much more com-mon in New York State. Farmland protection helpsretain a rural and often scenic environment that hasbeen fast disappearing primarily due to surbanizationover the last half century.

As cities expand, high quality agricultural landis often developed for other uses. Sometimes farm-

ers must move their operations to land that is of lesserquality. Marginal land requires more irrigation, en-ergy, chemical fertilizers and pesticides in order toremain productive. An open space plan should con-sider ways to preserve both working farms and highquality soils that have the potential to be productivefarmland. If high quality soils are covered by devel-opment, the farmland potential is lost.

Protecting these areas keeps new farms fromusing marginal soils that require more fertilizers andother inputs that can pollute other natural resources.Protecting farms also conserves natural habitats. Anaverage farm in New York State is 40% wooded.Hayfields and pasture are also important for manyspecies that depend on disturbance such as the fed-erally threatened bog turtle and grassland birds.

Forest ResourcesForestlands and woodlots are important aspects

of open land. They contribute greatly to the environ-mental and economic health of both urban and ruralcommunities. Forest resources include working land-scapes that provide a livelihood for people in ruralareas and habitat and green space in more developedparts of the State. Shade trees lining communitystreets or gracing people’s backyards also contributeto forest resources.

There are 18.6 million acres of public and pri-vate forests in New York State. It is not generallyrealized, but more than 60% of the entire State isforested; forest cover has increased greatly through-out this century as a result of farmland abandonment.Forest resources provide an economic base for manycommunities by affording opportunities for tradi-tional timber harvesting jobs and by providing rawmaterials to support wood product industries. In ad-dition, they support the growth of the recreation andtourism sectors of the economy. Forests provide manyassorted open space and recreational benefits suchas hiking, hunting, camping and passive recreationalopportunities. Forests help to buffer the effects ofstormwater and urban runoff. They provide shade andwind breaks and help reduce noise. Numerous plantand animals are common to forest lands.

Most of the forestland in the State is privatelyowned. When preparing a local open space plan, ma-jor landowners should be consulted to determinewhether they are willing to have their land be part ofa local open space system and, if so, in what capac-ity. For example, it would be useful to find out ifthey are willing to allow public access for hunting,hiking or other recreational uses and under what con-


ditions. Many of the private forests in the State havelimited or nonexistent public access which may bedue to the landowner’s fear of legal liability for ac-cidents that might occur. The lack of respect that somepeople have for private property also may be a disin-centive for landowners to provide access to their land.The need for public education and enforcement oflocal ordinances continues in this regard.

If a parcel of private forestland is not availablefor recreational use, it may still provide economic,watershed and/or scenic benefits to a community.Measures should be taken to keep the property in-tact, to encourage management for its long term vi-ability for forestry purposes or, as a last resort, toplan development within it in a way that will mini-mize the impact and maximize the amount of usableopen space that will remain (e.g., requiring cluster-ing and protection of environmentally sensitive ar-eas).

Urban and Community ForestryUrban areas benefit in many ways from an abun-

dance of trees. In addition to creating a more livableenvironment, urban trees and forests enhance prop-erty values, make downtown shopping areas moreenjoyable and corporate parks more comfortable andless stressful. Trees can enhance and improve thevisual and aesthetic qualities of the city. Trees buffernoise, freshen the air, screen visually discordant ob-jects and provide shade and beauty to the neighbor-hood. Trees properly placed around a building cankeep it cool in the summer and can block winds inthe winter, thus saving energy by reducing the costsof cooling and heating.

Collectively, the trees in an urban area are re-ferred to as “the urban forest.” Urban forests requiremaintenance and care to ensure their health. Theyalso require proper planning in order to be maintainedor expanded. Communities can be greatly improvedand open spaces made more beautiful and enjoyableif a community forestry program is established.

Three surveys of New York’s forest resourcescan help a community inventory its forest resources.The New York State Forest Resources AssessmentDocuments, published by DEC, are a series of 24technical reports that provide a broad range of infor-mation about many aspects of forest resource use.They can be obtained from the Division of Landsand Forests at DEC in Albany - call (518) 402-9405.In northern New York, the Northern Forest LandsInventory is a GIS-based natural resource data base

that is available for public use and planning. Finally,the U.S. Forest Service Decentennial Forest Surveyprovides specific information about the extent, lo-cation, ownership, use and growth of New YorkState’s forest resources which have been collectedon a ten year basis. The Division of Lands and For-ests can copy and send the relevant information fromthese reports to those who request it.

DEC Regional Foresters can be contacted toprovide suggestions and information on forest man-agement techniques and options and to provide as-sistance with establishing a Tree City USA.

RECREATIONAL RESOURCES

Open space resources often have multiplevalues and functions. For example, agri-

cultural land to which the owner has allowed publicaccess, may be scenic and may have historical val-ues while also providing recreational opportunities,such as fishing or hunting. However, certain openspace resources are best suited to providing recre-ational opportunities. These include urban openspaces, state, regional and local parklands, publicaccess sites, water-based recreation and trail sys-tems.

A local open space plan should give particularattention to conserving resources that provide a com-munity with outdoor recreation opportunities. Thissection describes the types of open spaces that canbe included in an open space plan to ensure diverserecreational opportunities for people of all ages,abilities and interests.

A local open space plan should also considerwhat kinds of resources may not be readily avail-able for recreational activities because of limitedpublic access. Easements, cooperative agreementsor acquisition of key parcels of land are some of themethods that can be used to create access to trails,water bodies and public lands.

Public AccessPublic access can refer to visual, physical

or recreational access to natural or cultural resources.Boat launching sites are needed along lakes, streamsand marine shorelines to allow people to have ac-cess if they do not own property along the water.Communities are more pleasant places to live whentheir residents can have visual and direct access todiverse views across water bodies.

Access to trail systems requires trailheads andparking areas. The type of access that communities


need will vary. In some cases, access across privateland may be needed for a trail to maintain continu-ity. Access to state land, which may be surroundedby private land or which may have poor access, alsomay be needed. In some cases, an easement mightbe obtained from a landowner to allow people tocross the land for certain specified purposes, suchas hiking or launching a boat.

Some landowners may be reluctant to providepublic access to their land because of a concern thatthey would be legally liable for accidents that mightoccur. However, under the General Obligations Law,landowners are not liable for injuries to people whoare engaging in any of the recreational activities thatare listed in the law. This law covers a wide array ofrecreational activities, including hunting, hiking,cross-country skiing, horseback riding and bicycleriding, among others. This exemption does not ap-ply where the landowner charges for use of the landfor recreational purposes or where the injury is aresult of the landowner’s willful or malicious con-duct. If entry onto the private land involves activi-ties other than those that are mentioned in the law,then the landowner may not be protected if a personis injured.

Local Parks and Open SpacesUrban open spaces range from large parks with

natural areas, playing fields or playgrounds to small“passive” parks with a few trees and benches. Ur-ban open spaces can include community gardens,tennis courts, a path through an urban woodland oralong a stream corridor or a small water body. Theycould be a well-landscaped median strip along amajor boulevard or a park plaza around a majordowntown office building. Urban open spaces serverecreational and aesthetic purposes and can greatlyenhance neighborhoods. These resources can pro-vide areas for walking, hiking, nature study, biking,tennis, basketball, picnicking, social interaction orjust relaxing.

Urban open spaces are often difficult to pre-serve if they exist in the middle of an intensivelydeveloped community and, therefore, are under pres-sure to be developed for housing, offices or otherpurposes. An open space plan should recommendspecific parcels of urban land for retention as pas-sive or active recreational open space.

State and RegionalOpen Space Lands

Preserving land for use as a state or regional(county or multicounty) park is important, not only

for its regional open space and recreational value,but also for environmental education, research,protection of habitats and protection of the naturalenvironment. These parks generally serve a largepopulation and may provide a spectrum ofrecreational opportunities, such as camping or cross-country skiing, activities that can not beaccommodated in smaller local parks.

State parks have been established to protectmany of the state’s most scenic and environmen-tally important resources. These resources includeocean beaches, mountains, cliffs, gorges, lakes andrivers. Other state-administered areas that providesignificant outdoor recreational opportunities andshould be considered in local open space planninginclude Wildlife Management Areas, ReforestationAreas, Multiple Use Areas and the Adirondack andCatskill Forest Preserve. These lands are managedby the NYS Department of Environmental Conser-vation.

Other regional open space lands include pri-vate conservation lands open to the public. Theseare lands owned and/or managed by a nonprofit or-ganization. The Nature Conservancy, Open SpaceInstitute, Scenic Hudson, and local land trusts areexamples of some of the non-profit organizationsthat own or manage land in New York State.

Many of the natural areas and features withinState and regional parks are fragile and depend onareas adjacent to the parks to remain viable andhealthy. When development encroaches uponparkland, either directly or indirectly, the environ-mental quality of the resources within the park maybe threatened. An open space plan should considerthe need to buffer parks and protect their ecosys-tems by strategically acquiring adjacent land or byeffectively regulating land use around the park. Thefragile resources within parks can only withstandintensive use and be enjoyed if the quality of thesurrounding environment remains high.

Trails and Trail SystemsTrails and interconnecting trail systems are lin-

ear recreation facilities on land or water which pro-vide linkages between various natural or cultural re-sources, recreation facilities or public access to otherareas. They can provide recreational opportunitiesas diverse as cross-country skiing, nature study, hik-ing, bicycling and horseback riding. Existing linearsystems such as railroad corridors, utilityrights-of-way and stream corridors provide a goodopportunity for the development of trail systems.


These features should be inventoried in the openspace plan and considered for trail development. Inaddition, trail systems should be considered in abroader context, within greenway systems. Not allgreenways have trails in them, but many do.

Many types of organizations can join togetherto develop a specific trail or trail system. National,statewide and local organizations deal specificallywith trail development, such as the nationalRails-to-Trails Conservancy and the regional NY/NJ Trail Conference and can provide assistance.

SCENIC RESOURCES

New York State is blessed with outstandingnatural scenery from the high peaks of the

Adirondacks, the breathtaking Niagara Falls, and therenowned Hudson Valley, to the Finger Lakes, thebeaches of Long Island and Lakes Ontario and Erie.Scenic and aesthetic values usually overlay othervalues. A wetland, for example, may provide a habi-tat for important species while, at the same time,provide open vistas along lake shores or sea shoresor it may have scenic qualities in its own right.Roads, particularly scenic roads and scenic bywaysshould be considered public space and may be im-portant viewpoints. Views of and from waterways,especially rivers, bays and harbors, need to be pro-tected. Scenic and aesthetic values have been wellrecognized by the courts. Identifying them helps toensure their protection and preservation.

A scenic community entranceway may symbol-ize the character of a community and attract peopleto spend time there. Aesthetic resources such as amountain or a waterfall might attract people whowant to have access to it or live nearby. These frag-ile resources need to be protected so that as increas-ing numbers of people settle near them, they willcontinue to be undamaged and enjoyed.

A community may have certain human-madefeatures that interfere with or diminish the scenic orunique value of an area. For example, a prolifera-tion of unregulated signs, billboards and poorly de-signed development, i.e., development out of char-acter and/or scale with the surrounding landscape,may clutter the landscape and mar an otherwise sce-nic view. There are several controls that municipali-ties can use to maintain scenic values. Communi-ties can enact laws that limit the size of signs andbillboards. Zoning ordinances and design guidelinescan be developed to regulate the appearance of de-velopment. With the proliferation of wireless com-

munication, cell towers are appearing all over thecountryside. Cell towers are commonly sited onridgelines in order to capitalize on the elevation,which increases the length of the signal. They arecommonly designed as utilitarian lattice or mono-pole towers tall and stout enough to accommodateantennas of several wireless providers. This ap-proach to siting may provide the most efficient sys-tem buildout, but, unfortunately, it also poses a se-rious negative impact on our landscape because tow-ers are highly visible on ridgelines.

With local regulation that encourages sensitiveand appropriate design, wireless telecommunicationis possible without jeopardizing the visual qualityof New York’s open space. Following are someguidelines that can prevent the degradation of openspace visual quality:

• Groups of contiguous municipalities orcounties should work together to developa unified approach to regulating wirelessfacilities;

• Encourage cell tower siting on side slopesof hillsides rather than ridgelines;

• Require camouflage or stealth treatmentto disguise towers that would be visiblefrom parks, recreation areas, nature pre-serves, scenic byways or roads, historicsites or important viewsheds;

• Scale and design of cell towers (whetherstandard or camouflaged) should bethoughtful and appropriate. For example,a 160-foot stealth tree looming above agrove of 60-foot trees would look out ofplace and, thus, is not an appropriate so-lution;

• Be wary of co-location as an approach tominimizing the visual impact of wirelessfacilities. While co-location may reducethe total number of individual towers, thetowers necessary to accommodate mul-tiple facilities must be taller, wider andvisually more obtrusive than those withone set of antennae.

The first step in protecting views in your com-munity is to identify them.

Scenic America is a national organization dedi-cated solely to protecting natural beauty and dis-tinctive community character. Its website has factsheets, publications and links on view assessmentsand other topics for use by communities seeking toprotect their scenic resources.


The New York State Scenic Byways Programis administered by the NYS Department ofTransportation (http://ww.dot.state.ny.us/scenic/descript.html). Communities can nominate a local,county or state road under one of the followingthemes: scenic, natural, recreational, cultural, or his-torical. Nominated sites are reviewed by the ScenicByways Advisory Board. If approved, a corridor man-agement plan is developed for the byway. Informa-tion on the application process is available on thewebsite.

HISTORIC RESOURCES

Historic properties are a tangible link withthe past that help provide a sense of iden-

tity and stability for a community. Historic and cul-tural resources include a great variety of propertytypes, such as buildings and structures, historic dis-tricts, archaeological and paleontological sites andnatural heritage areas. Many of them are associatedwith significant open spaces. Examples of histori-cally significant open spaces include estates, parksand gardens designed by noted landscape architects,battlefields and vernacular landscapes such as thestone wall-lined fields of eastern New York that il-lustrate the traditional agricultural practices of theregion.

Visiting historic sites is an enjoyable recre-ational activity that provides people with an oppor-tunity to learn about the culture and history of anarea. A commitment to protecting and rehabilitatinghistoric sites can be an important recommendationin a local open space plan. Unfortunately, many his-toric sites and areas face demolition, neglect and de-terioration.

New York State enabling legislation allows lo-cal governments to protect historic properties throughpurchasing, restoring, operating, leasing, acquiringfee title or interests, providing for transfer of devel-opment rights, regulating and establishing historicpreservation boards. Approximately 150 New YorkState municipalities have enacted some form of his-toric preservation regulations and most of these mu-nicipalities have established historic preservationcommissions. Historic preservation legislation af-firms a community’s commitment to protect and en-hance historic resources.

Local preservation laws take a variety of formsbut typically provide for the designation of landmarksand/or historic districts, the establishment of an his-toric preservation commission to administer the law

and a process for reviewing construction projectsthat will affect designated properties. A model localhistoric preservation ordinance is available from theNYS Office of Parks, Recreation and Historic Pres-ervations’ Field Services Bureau.

Local historic preservation commissions areusually given the authority to designate propertiesas landmarks or to designate groups of properties ashistoric districts and then review proposed changesin the districts. A historic district is an area in a com-munity which has historic or aesthetic interest aspart of the cultural, political, economic or social his-tory of the community, region, state or nation. Thearea must also be a distinct geographical section ofthe municipality.

An historic preservation commission’s author-ity depends on the powers given to it in the locallaw that establishes it. When an application for aproject that may affect historic properties is sub-mitted to the planning board, the local historic pres-ervation commission reviews and comments on it.The local law can require projects which may af-fect historic resources to be referred to the historicpreservation commission.

Direct technical assistance and public educa-tion are provided by the OPRHP’s Field ServicesBureau (FSB). FSB staff can assist those who arepreparing a local open space plan with the identifi-cation of historic landscapes and other historic sitesand features. The FSB administers State and fed-eral programs that are concerned with historic pres-ervation.

The National Register of Historic Places is theofficial list of the nation’s important historic prop-erties. The State Register parallels the federal pro-gram. Nearly 60,000 sites in New York State cur-rently are listed on the national and State registers.To register a property, the sponsor must prepare anomination form for review by the State Board forHistoric Preservation. The FSB staff can provide as-sistance. Listed properties are more likely to be con-sidered in planning for development and redevel-opment. Also, register listing is usually a require-ment for grant programs such as the EnvironmentalProtection Fund Historic Preservation Grants andthe tax credit program. These and other financialassistance programs are discussed in the funding sec-tion of Chapter 4.

Those who are preparing or implementing a lo-cal open space plan may want to nominate certainresources for the State and/or federal registers, and


they may find it helpful to consult the registers whenpreparing an inventory of open space resources. Boththe State and federal registers make it possible forlocal governments and groups to obtain recognitionfor important historic resources.

Archeological resources are important to con-sider when identifying and protecting historic re-sources because they can reveal otherwise unobtain-able information about a community’s past and con-tribute to the community’s understanding of itself.

The National Historic Preservation Act and theState Historic Preservation Act extend the same pro-tection and benefits to archeological resources asthey do to historic buildings, structures and districts.Some communities have comprehensive archeologi-cal survey programs, while others provide for sur-veys, often at the expense of developers, in advanceof any development that will disturb the ground. In-cluding archeological resources in an open spaceresources survey can be a valuable contribution tothe plan.

CONNECTING IMPORTANTOPEN SPACE AREAS

Connected open spaces often have greaterrecreational, habitat or scenic value than

isolated parcels of land. When areas of importanceare mapped, they can fall into patterns of connectedopen space. Open spaces can be connected by natu-ral or manmade linear features, such as a stream cor-ridor, an old canal or an abandoned railroad line.Greenways

Greenways are linear features or areas of landthat can be comprised of any number or combina-tion of the natural and cultural resources examinedin this chapter. They link recreational, cultural andnatural focal points while conserving open space.The term represents a conservation planning andmanagement concept that is very flexible in itsscope. Greenways may contain a mixture of publicand privately owned land and they may extend overmore than one political jurisdiction. Greenways canbe located wholly within or encompass urban, sub-urban or rural areas. Some larger greenways includehamlets, villages or even cities within them. TheHudson River Valley Greenway, the Upper Dela-ware Scenic and Recreational River, Genesee Val-ley Greenway and the New York State CanalRecreationway are examples. Not all greenwayshave trails within them, but many do, including the

Hudson River Valley Greenway, the CanalRecreationway and Genesee Valley Greenway. TheAppalachian Trail is a greenway whose entire focusis a trail. Greenways vary considerably in length andwidth and they serve a variety of purposes. A singlegreenway may encompass some or all of the pur-poses described below.Urban greenways

An urban greenway may consist of a ribbon ofmeadows and woodlands winding through a city,providing places to relax and offering a refreshingnatural break in an otherwise harsh urban environ-ment. An urban greenway might be established alonga waterfront to revitalize a community.Recreationways

A “recreationway” is a greenway that servesactive and/or passive recreational purposes, whilelinking recreational, cultural and natural focal points.A good example of a recreationway has been devel-oped by the New York Power Authority, other stateagencies and local governments along 35-miles ofthe Saint Lawrence River, between Ogdensburg andMassena. It includes hiking and biking trails, pub-lic access facilities, primitive camping and day useareas and a small boat trail through the islands. Itemphasizes tourism and recreational benefits.Scenic and historic routes

These greenways connect scenic and/or historicsites and may include roads that people can driveon. Ideally, this type of greenway will include placesto walk or pull off the road. Parkways are the epitomeof this type of greenway.

Ecologically significant natural corridorsThese greenways protect ecological resources

and provide habitat for many species. In order to dothis, they need to be wide and have natural vegeta-tion. They can also provide natural corridors forwildlife migration when they connect larger patchesof habitat like state land or a large county park. Manyecologically significant natural corridors overlaystream corridors. Greenways which protect naturalresources provide excellent opportunities for naturestudy.

GreenbeltThis describes a greenway which consists of a

ring of county or regional parks or forest land arounda city or metropolitan area, specifically planned tocontain an expanding urban area and provide a natu-ral break between the city environment and the opencountryside. For example, the Town of Trenton, in


Oneida County, is creating a greenbelt between thevillages of Barneveld and Holland Patent by obtain-ing conservation easements. The project was startedby private landowners and has evolved to includepublic officials, the CAC and Tug Hill Tomorrow,Inc., a regional land trust. The necklace of parksand other public and quasi-public land that partiallyencircles the New York City Metropolitan area, insuburban counties north of the city, also reflects agreenbelt strategy.

Conceptually, greenways, greenbelts,recreationways and greenline parks are variationson the same theme. They emphasize the idea of cre-ating partnerships between the various levels of gov-ernment and the private sector for resource plan-ning and management purposes. Greenways also canpromote regional awareness and appreciation oflarger recreational, natural or cultural resource sys-tems. When a community has a regional perspec-tive on conservation and development, poorlyplanned development and urban sprawl are morelikely to be avoided.

BibliographyEdinger, G., Evans, D.J., S. Gebauer, T.G. Howard,D.M. Hunt and A.M. Olivero. 2002. EcologicalCommunities of New York State 2nd Edition. NYSDepartment of Environmental Conservation, Albany,NY.Kiviat, E. and G. Stevens. 2001. Biodiversity As-sessment Manual for the Hudson River EstuaryCorridor. NYS Department of Environmental Con-servation, Albany, NY. Available From Hudsonia,Ltd.Navota, J. and D. W. Dreher. 2000. Protecting Na-ture in Your Community. Northeast Illinois PlanningCommission, Chicago. This document refers to plan-ning in and around the Chicago, Illinois area. Al-though there are some differences in policies andlocal ecology, the general concepts discussed hereare applicable in New York. Available from theNortheast Illinois Planning Commission Publica-tions Department at (312) 454- 9947.NYSDOS. 2002. Legal Aspects of Municipal His-toric Preservation. Available from DOS Division ofLocal Government Resources, go to: http://www.dos.state.ny.us/lgss/localgovt.html.Peck, Sheila. 1998. Planning for Biodiversity. Is-land Press, Washington, D.C.Planning and Design Manual for the Review of Ap-plications for Wireless

Telecommunications Facilities, Town of Pittsford,NY & The New York StateDepartment of State, Albany, NY March 2001Reschke, C. 1990. Ecological Communities of NewYork State. NYS Department of Environmental Con-servation, Albany, NY. Available from the NY Natu-ral Heritage Program.Wells, J.V. 1998. Important Bird Areas in New YorkState. National Audubon Society, Albany, NY.Wilson, E. O. 1999. Biological Diversity: Our Old-est Human Heritage. NYS Biodiversity Research In-stitute, Albany, NY. Available from New York StateMuseum Publication Sales and online atwww.nysm.nysed.gov/wilson.html.


CHAPTER 4:OPEN SPACECONSERVATION TOOLS

What are the available techniques that canbe used to conserve open space resources?

How can the plan and its recommendations befunded? Here are some suggestions.

The increasing development experienced inmany municipalities across New York State has in-creased the awareness of the importance of openspace by local government, involved agencies,grassroots organizations and residents. Once an openspace plan has identified which resources are impor-tant, the plan also needs to identify ways to preservethem. Conservation is most effective when the tech-niques are used together. Each municipality encoun-ters unique situations for which a combination of con-servation solutions may need to be used. A techniquethat is suitable for one situation may not be suitablein another.

Local governments have various authorities todo this, such as by regulation of land developmentand the purchase of land or tax policy. Grant andfinancial assistance programs described in this chap-ter can be used to fund plan preparation or can beidentified in the plan as sources of funding for con-servation initiatives. Groups preparing an open spaceplan should be aware that the techniques and sourcesof funding described in this chapter are ever-chang-ing, with new ones being added and old ones beingmodified.

As discussed in Chapter 2, local comprehensiveplanning provides a framework for open space plan-ning. The techniques discussed below can be imple-mented to achieve open space goals while at the sametime achieving the broader goals of a comprehen-sive plan. Open space planners must determine whichtechniques will work best for their particular com-munity situation. Some of these techniques may bein operation already. Others may require legislativeenactments by the local governing body.

LOCAL CONSERVATIONTECHNIQUESVoluntary Programs

Private landowners can help implement a localopen space plan by voluntarily agreeing to practicegood land management techniques. They also canparticipate in voluntary stewardship agreements thatindicate a strong commitment by the landowners topreserve their land. In some cases, a landowner mightagree to allow people to engage in certain activitieson his land, such as nature education, hiking or hunt-ing, at specified times.

Although voluntary conservation programs donot guarantee protection or accessibility of openspace resources, they can enhance an open space planand, if widely used, they can greatly improve acommunity’s open space system.Deed Restrictions/Restrictive Covenants

It has long been the practice of developers ofresidential properties to voluntarily restrict the useof a portion of the property in order to provide anamenity such as open space through deed covenants,restrictions and easements. For example, the deedthat a lot owner receives may also convey owner-ship in common with other lot owners to a commonarea. This easement usually provides that the com-mon area may not be developed except for specifiedpurposes relating to open space and recreation. Typi-cally the individual lot owner has a right to bring alegal action against others who seek to develop theproperty for more intensive uses. Even earlier thanthe now widespread use of easements to preserveopen space in land developments, individual land-owners often imposed deed restrictions when sell-ing a portion of their property, to ensure that subse-quent owners would not use it for objectionable pur-poses. Many deeds, for example, contain restrictionsagainst establishing gambling houses, keeping oflivestock, cutting of mature trees, etc. Unfortunately,these private deed restrictions and easements oftenbecome unenforceable when circumstances change,or individual property owners are unaware of theirabilities to preclude certain uses.Conservation Easements

An easement is a voluntary agreement madebetween the property owner and an appropriate thirdparty, such as a land trust or public agency. The ease-ment is a legal device for conveying the right to en-force restrictions on the use of the land. This allowsthe purchaser to acquire partial rights to a parcel ofland instead of acquiring all of the rights in fee


simple. Acquiring land in fee simple means you ownall of the rights to that land. Conservation easementsimpose restrictions on the land and can readily beused to conserve open space or to protect valuableenvironmental areas. They have become an increas-ingly popular tool in land conservation because ofthe many benefits available to landowners.

Sections 49-0301 through 49-0311 of the En-vironmental Conservation Law (ECL) provide theauthority for not-for-profits or municipalities to usesuch a tool. This statute permits a not-for-profit ormunicipal entity to acquire conservation easementsfor the purpose of conserving, preserving, and pro-tecting the environmental, historical and cultural re-sources of the State, including the development, andimprovement of agricultural lands. Municipalitiesshould look to this statute when considering all as-pects of the conservation easement, including: re-cording, indexing, enforcement, amending, and ex-tinguishment of the conservation easement. Section49-0307 of the ECL establishes that a conservationeasement that is properly filed and indexed is of per-petual duration, and can only be extinguished pur-suant to this section.

In 1984, prior to the passage of this law, thecourts sometimes considered a conservation ease-ment to be a two-party contract which could bereadily broken if there was a change in the owner-ship of the fee title interest and the new owner didnot want to honor the terms of the contract. Underthe ECL, easements are recorded on the deed andthey become part of the chain of title records for theland. An easement runs with the land - that is theoriginal owner and all subsequent owners are boundby the restrictions of the easement.

Advantages exist for the community and forlandowners who donate conservation easements.The donation of easements allows the communityor some third party to receive the open space ben-efits of the land without the cost of owning, manag-ing and maintaining the land. Furthermore, when aconservation easement is donated, there are severaltax benefits that accrue to the donor. They may beable to take an income tax deduction for the differ-ence in the fair market resulting from the donationof development rights. This would be done pursu-ant to the conditions of Section 170 of the FederalIncome Tax Code. Also, donors may be able to re-duce both estate and gift taxes to those they mayultimately grant the property to, either by gift orbequest.

For municipalities, an important benefit of con-servation easements, under the statute, is that theycan be enforced by a third party named in creatingthe easement. This is usually a not- for-profit orga-nization such as a land trust. By doing so, a munici-pality has the legal authority to delegate its moni-toring and enforcement responsibilities to the landtrust or not-for-profit organization, still leaving themwith the benefit of the preserved land. Furthermore,since organizations such as land trusts have greaterfinancial and procedural flexibility than local gov-ernments, the environmental needs of communitiesmay be better served.

In order for a nonprofit organization or publicagency to acquire and enforce an easement in per-petuity, several steps should be followed. First, theproperty should be inspected and the condition ofthe property documented. Along with this, an in-ventory of the important resources of the propertyshould be done. Secondly, the title should be as-sessed to both identify the legal owner of the landand to get the required property description. If theproperty is mortgaged, the lender must transfer prop-erty rights to the easement holder, to ensure that theeasement will remain intact even if the lender fore-closes.

The conservation easement must be specific,thus information that is not specifically addressedis not affected. For this reason, negotiating the spe-cific restrictions of the easement is the most impor-tant part of the process. Along with the specific termsof the agreement, the easement should also containa monitoring program. For enforcement purposes,this program puts the landowner on notice that heor she must comply with the terms of the easement.If a holder fails to inspect or enforce the terms ofthe agreement, a court may find this neglect to leadto extinguishment of the easement. It is importantto note, that enforcement of the easement may onlybe pursued by the holder of the easement. However,if the holder of the easement is a not-for-profit or-ganization, then the Attorney General also may en-force the agreement.

The restrictions and uses agreed upon betweenthe parties should be prepared in the form of a legaldocument. Additionally, a formal appraisal of thefair market value of the easement should be pre-pared and if the easement is not being donated, aprice should be agreed upon. After these steps havebeen completed, the parties must sign the agreementand record it in the office of the local Recorder of


Deeds. Finally, as required by the statute, the agree-ment must be forwarded to the DEC where a file ismaintained of the conservation easement.

An important question for a municipality whenconsidering a conservation easement is whether ornot affirmative obligations are enforceable under thelegislative scheme. An affirmative obligation wouldbe one which requires the landowner to maintainthe property in a specific manner, such as the coloror condition of the exterior surfaces of existing build-ings. However, New York courts are among theminority of jurisdictions that prohibit affirmative ob-ligations that run with the land. The court’s posi-tion then is in direct conflict with New York’s con-servation easement statute. The statute provides thataffirmative obligations will not be used as a defenseto defeat enforcement of the easement. Therefore,if the issue were raised in court, it seems as if affir-mative obligations would not be binding in perpe-tuity or upon subsequent landowners. This dilemmahas yet to come before the New York courts and isstill unanswered.

Land TrustsLand trusts are extremely effective vehicles for

conserving land. While they are independent entre-preneurial organizations that work with landown-ers interested in protecting open space, they oftenwork cooperatively with government agencies. Landtrusts can accept donations of land, funds to pur-chase land, or development rights that permanentlylimit land development, or they can purchase landfor permanent protection.

In addition to land trusts, there are other non-profit land conservation organizations that have beeninvolved in protecting significant recreational, en-vironmental and cultural landscapes throughout NewYork State. For example, the Open Space Institute(OSI) and Scenic Hudson have made substantialpositive impacts on the landscapes of the HudsonHighlands, Shawangunks, Catskills, Helderbergsand Adirondacks, in addition to providing New York-ers with access to the Hudson River and its manytributaries. Some other major nonprofits are TheNature Conservancy and the Trust for Public Land.These organizations often work together in their landconservation efforts and pool their resources. Whilethey work to protect large landscapes, they also helpcitizen-based groups focus on smaller local initia-tives.

MUNICIPAL OPENSPACE REGULATIONSLocal Land Use RegulationsZoning

Local governments regulate the kinds of usesthat are allowed on the land through zoning. Zoningis used to regulate the use of land, but also to regu-late the intensity or density of the use and the sitingof development on the land. Zoning regulations in-clude a zoning map that divides the municipalityinto districts or zones, with text describing the regu-latory requirements for each of these zones. The zon-ing board of appeals may issue a variance to a prop-erty owner who applies for one on the grounds ofpossible hardship.

The local governing bodies of some New Yorkmunicipalities still have not adopted zoning, al-though the State enabling laws for these purposeshave been in effect since the 1920s. In New York,local planning and land use regulations are optional.A 1999 Survey of Local NYS Governments revealedthat 58 percent of towns, 58 percent of villages and84 percent of cities have a written comprehensiveplan. The same study showed that 69 percent oftowns, 88 percent of villages and 100 percent of cit-ies have zoning.

Many zoning techniques are available toconserve open space. Some examples are:

• Overlay Zoning. The overlay zoning tech-nique is a modification of the system of con-ventionally-mapped zoning districts. Anoverlay zone applies a common set of stan-dards to a designated area that may cutacross several different conventional or un-derlying zoning districts. When planning toprotect open space, a zoning ordinance canbe amended to place an overlay zone on anarea that is determined to be unsuitable fordevelopment. Development in an overlayzoning district can only occur at the densitywhich is authorized by the zoning regula-tions for the underlying zoning district andwithout impairing the sensitive environmen-tal features in the area, if that is the statedpurpose of the overlay district. In additionto protecting a limited environmentally sen-sitive area, overlay zoning also can protectlarger areas that may encompass severalstandard zoning districts, in whole or in part.The boundaries of the overlay district do


not have to coincide with the boundaries ofthe standard underlying zoning districts.

• Large-lot zoning. The application of thistechnique requires lots in a proposed resi-dential subdivision to have a low density.For example, a parcel that is 160 acres insize could have two 80 acre lots or four 40acre lots. The purpose might be to reducethe number of residential structures and as-sociated activity in or near a sensitive re-source area, to help protect it. Thus, largelots can serve to buffer sensitive areas. Thedisadvantage of this technique, if it is ap-plied too widely in a community, is that largelots can lead to low density rural sprawl,lack of a real community center and loss ofcommunity diversity. In some cases, thisform of zoning has been ruled to be discrimi-natory because it eliminates the opportunityfor affordable housing.

• Performance standard zoning. This tech-nique establishes zones which are based onan allowable environmental impact to theresources of an area as opposed to a spe-cific allowable use. This technique is a goodway for a municipality to maintain controlover development impacts and to ensure thatdevelopment will occur only in ways inwhich the natural resources will not be se-verely damaged. For example, a communityzoning ordinance might require water bod-ies to be protected with vegetated buffers.Thus, instead of requiring buffer zones de-pending on the specific use of the land,buffer zones would be established regard-less of the use. Rapidly changing technol-ogy can create new industries, making itdifficult in some areas for a municipality toestablish effective zones based on specificuses. In these communities, the performancestandard approach may be particularly help-ful.

• Incentive zoning. Incentive zoning providesfor a trading arrangement between a devel-oper and a community. In return for maxi-mizing open space or providing other pub-lic amenities, a developer is given a “bo-nus,” such as permission to build at a higherdensity. The list of what can be offered asan incentive to the developer is listed in theZoning Ordinance. Town Law 261A pro-vides the legislation for this technique.

• Special use permits. A zoning regulationwill list “as of right” uses which are allowedin a particular district without the necessityof obtaining any further review. After theseuses are listed, a list of conditional uses or“special use permit” uses may be listed, asexceptions. The kinds of uses that require aspecial permit are those which may be de-sirable but which could have adverse im-pacts that require special review and condi-tioning before being approved. For example,professional buildings might be listed as aspecial use in residential districts. Thiswould allow a proposal for a professionalbuilding to be reviewed to be sure that cer-tain requirements are met, such as adequateparking, landscaping and sign regulation.The advantage of this technique is that itallows for discretionary review of individualproposals. Criteria for approval of a specialpermit can be tailored specifically to pro-tect open space. For example, special usepermit criteria can require development pro-posals to provide buffer areas and best man-agement practices for control of non-pointsource pollution adjacent to wetlands. Theycan also require that a percentage of landbe left as open or green space.

Site Plan ApprovalA zoning ordinance may require developers to

be subject to site plan approval. For communitiesthat do not have a zoning ordinance, site plan ap-proval may be enacted by a separate local law. Siteplan approval involves a review of the design for aproposed development on a particular parcel of land.It ensures that the site design meets the establishedcriteria. Site plan approval can be used to ensurethat development in a specific area will be in har-mony with surrounding existing development. It canrequire vegetative screening of development or itcan address parking requirements, among otherthings. Site plan approval also can be used to pro-tect scenic vistas.

For example, if a scenic seaside area can beviewed from a highway, the zoning ordinance canrequire site plan reviews to ensure that proposed de-velopments will not interfere with those views. Siteplan approval, unlike subdivision regulations, is notconcerned with how new lots are created. Instead,it is concerned with how development occurs on asingle lot. It is commonly used to affect the site de-sign for a proposed development, such as a retail


store or a service station, but can only deal with onsite open space issues.

Subdivision RegulationsSubdivision regulations govern the manner by

which land is divided into smaller parcels. They areprimarily used to ensure that adequate services andfacilities will accompany development. Subdivisionregulations help to ensure the existence of desirableconditions, such as the safety of building locationson a lot, the adequacy of road design and layout,access for emergency vehicles, adequate water sup-ply, a drainage plan and sewage disposal.

The New York State Real Property Law re-quires that a map, known as a subdivision plat, befiled in the county clerk’s office and approved bythe local planning board before the sale of any lotsthat have been created from larger tracts of land cantake place. The plat shows the layout of the lots andstreets or roads in the subdivision.

Subdivision regulations can include provisionswhich help to accomplish open space conservationthrough cluster development, planned unit develop-ment, dedication of recreation land or imposition offees to purchase recreation land, as described be-low. Subdivision regulations, for example, can ex-plicitly protect open space resources, such as wet-lands, steep slopes, floodplains, etc., by requiringthat new subdivisions be laid out in a manner thatwill avoid constrained areas. A municipality’s sub-division regulations should exclude areas such assteep slopes and wetlands from density calculations.If these provisions are in the subdivision regulations,then the authority and basis for individual subdivi-sion decisions would be more sound and there wouldbe fewer arbitrary decisions.

Cluster DevelopmentCluster development is a technique that allows

flexibility in the design and subdivision of land.Clustering offers the option to require downsizingsome lots or units for residential development toincrease open space on the rest of the parcel that isbeing subdivided. Cities, towns and villages havethe authority to enact ordinances or local laws thatrequire cluster development. Clustering can also beapplied on a site-specific basis or by overlay dis-tricts.

Whether clustering is simply allowed as a rightor whether it is a requirement, the planning boardalso has the option of requiring the developer to cal-culate the number of lots which normally would be

allowed in the affected zoning district by first sub-tracting the area within the parcel that cannot bedeveloped. As already stated, constrained areas, suchas steep slopes and wetlands, should not be includedin the density calculation, except under unusual cir-cumstances, thereby giving the developer the rightto build those units elsewhere within the parcel.

The common open space left on a parcel of landafter clustering development can be managed by ahomeowners’ association, the local government ora land trust.

Clustering benefits the immediate communityby increasing the amount of open space while it ben-efits the developer and the larger community by de-creasing the need for roads and utilities. Althoughin some municipalities clustering may be manda-tory, when given a choice, many developers chooseto cluster because it is clear from experience thatthe marketability of the houses will be enhanced bythe increased open space and development expensesare reduced relating to roadways, sewer lines, andother infrastructure and maintenance.

Clustering works well where sewer and waterlines are on-site. It may not work as well where sep-tic systems are used and larger lots are needed toobtain an optimum area for in-ground wastewaterdisposal. However, it could be used to advantageeven in these situations if a “community” septic sys-tem is installed.

Planned Unit Development (PUD)Planned unit development (PUD) is a technique

that is similar to cluster development with the ex-ception that PUD not only provides for flexibility inthe planning and development of an entire tract ofland, but also allows planning for mixed uses (usu-ally commercial and residential), if desired. SomePUDs also may be a mixture of commercial or in-dustrial uses and open space. An application for aPUD district is typically reviewed by the planningboard, and a recommendation is made to the legisla-tive body.

Recreation Land Dedication or, Alternatively,Recreation Fees

Subdivision regulations can require develop-ers to set aside a certain percentage of their land forrecreation or parkland purposes or, alternatively, toput an equivalent amount of money into a trust fundfor the acquisition or improvement of recreationalor parkland. The exact percentage can be determinedby the planning board and the amount of money may


be determined on a per lot, per acre or other reason-able basis. In some communities, these contributionsexceed several thousand dollars per lot.

The planning board also may determine whetheror not the land that is being subdivided is suitablefor recreational or parkland and whether or not therewill be a need for recreational or parkland on thatplat. If it is determined that there is no land suitableon the plat, then the developer can be required topay the established fee. The developer also may begiven the option of reserving a separate parcel ofland for recreational or park purposes in another partof the community, as an alternative to setting asideland for these uses in the proposed development.

By requiring planning boards to make a findingas to whether or not each plat should have parklandson it, subdivision regulations can require planningboards to examine and plan for the park and recre-ational needs of their communities. Having anadopted plan which addresses recreational openspace resources simplifies the analysis that the plan-ning board is required to undertake for each residen-tial subdivision.

Transfer of Development Rights A transfer of development rights (TDR) pro-

gram basically establishes a market for developmentrights. Transferring development rights allows all orpart of the development density that is allowed bythe zoning ordinance for a particular parcel of landwhich is to be retained as open space, to be trans-ferred to other parcels which can support increaseddensity. Even though the owner of the open landparcel sells some or all of the development rights tothe owner of the parcel on which the density is to beincreased, the owner of the open space parcel stillretains the fee title interest and all other rights to theopen space property. These rights include the abilityto use the land for non-intensive uses such as con-servation, recreation, farming or forestry. However,once a development right has been sold, a develop-ment restriction is recorded on the deed, thereby cre-ating a permanent conservation easement on the land.

TDR has been a difficult concept to implementbecause it requires a very specific set of circum-stances for success. Sometimes there are problemsin setting up a bank to facilitate buying or sellingdensity credits. The area that is set aside to receivethe extra density must be able to accommodate moreunits. In addition, if the area that is receiving theextra density credits can obtain increased densitythrough another means, such as zoning variances,

TDRs will be less attractive. The concept of TDRseems to work best on a regional or intermunicipalscale.State Environmental Quality Review Act(SEQRA) - Critical Area Designation

The purpose of SEQRA is to incorporate theconsideration of environmental factors into the ex-isting planning, review and decision making pro-cesses of government agencies at the earliest pos-sible time. The SEQRA process is designed to de-velop information about how a proposed projectwould affect the environment, in order to help stateand local agencies to make better environmental de-cisions. The open space implications of SEQRA arethat it helps ensure that many environmentally sen-sitive areas and significant open space resources willbe considered when a proposed project is reviewed.As a result of focusing on resources in this way,they may be protected by governmental or privateinitiative.

Another opportunity, available under SEQRA617.14 (g), for the protection of open space is thedesignation of a critical environmental area (CEA).A CEA is a specific geographic area within the com-munity that contains sensitive or unique features thatrequire protection. To be designated as a CEA, anarea must have one or more of the following char-acteristics:

• It can be a benefit or threat to human health;• It can be a natural setting such as open space

or areas of aesthetic or scenic quality;• It can have agricultural, social, cultural, his-

toric, archaeological, recreational or educa-tional values;

• It can have an inherent ecological, geologi-cal or hydrological sensitivity to change thatmay be adversely affected by any change.

To designate a CEA, a local agency or govern-ing body must give written public notice and hold apublic hearing. A map of the boundaries of the CEA,a written justification supporting the designation andproof of the public hearing are filed with the DECin Albany, the regional office of DEC and any otheragency that is regularly involved in approving, un-dertaking or funding actions in the municipality.

The designation has the effect of requiring, un-der SEQR, that the potential impact of a Type 1 orUnlisted action on the CEA be a “relevant area ofenvironmental concern and must be evaluated in thedetermination of significance.” Under the old regu-


lations, designation of a CEA converted any actionwithin the CEA to a Type 1 action, which is no longerthe case.

Taxation PolicyAgricultural Districts

The Agricultural Districts Law provides pro-tection for farmland and farm businesses throughseveral measures, including the formation of agri-cultural districts, notice of intent requirements (seebelow), agricultural assessments, right-to-farm pro-visions to protect against nuisance complaints andthe enactment or administration by local govern-ments of laws or regulations which unreasonablyrestrict or regulate farm operations, among otherthings.

The Agricultural District Law establishes theauthority for the Department of Agriculture andMarkets to create agricultural districts comprisedof farmland of 500 acres or more. A district is es-tablished by county legislative action which is initi-ated by a petition from the owners of the land. Thisis followed by certification by the Department ofAgriculture and Markets in consultation with DECand the Advisory Council on Agriculture. Whilethere were 19 agricultural districts in 1972, that num-ber has grown to 341 in 2002. The number of dis-tricts has declined in recent years due to consolida-tion, but the number of acres in districts continuesto rise modestly.

In 1992, the Agricultural Districts Law wasamended to authorize the establishment of countyagricultural and farmland protection boards. Theseboards can be created by county legislative bodies.They are charged with advising the county legisla-tive body about agricultural districts. They also de-velop and approve county agricultural and farmlandprotection plans.

The State agricultural and farmland protectionprogram authorizes the Department of Agricultureand Markets to provide technical assistance tocounty agricultural and farmland protection boards.Under this program, the Department of Agricultureand Markets can develop guidelines for the creationof agricultural and farmland protection plans andadminister planning grants and a farmland protec-tion fund, as discussed in the funding section ofChapter 4 under the Environmental Protection Fund.

Another section of the Agricultural DistrictsLaw, commonly known as, “notice of intent,” re-quires an agency, public benefit corporation or gov-ernment which is proposing a development project

on farmland to file notice with the Department ofAgriculture and Markets and the county agriculturaland farmland protection board. A final notice in-cludes a detailed agricultural impact statement.Forest Tax Law

The Forest Tax Law encourages ownership ofwoodlands for the production of forest crops so asto achieve a more stable forest economy. As earlyas 1912, there were provisions for tax concessionson forest lands. Various laws and amendments werepassed over the years, culminating in the presentlaw, Section 480-a of the Real Property Tax Law,which has been in effect since 1974. This law al-lows forest owners to apply for up to an 80% taxexemption by committing their forest land to a DEC-approved forest management plan. Tax savings mayvary considerably for different properties. The for-ested parcel must be at least fifty acres in size and itmust be managed for the production of forest cropsfor ten years. This commitment is made annuallyand is for the next ten years beginning each yearthat the landowner receives a tax exemption. Themanagement plan must include a description of theforest, a detailed map and a work schedule whichthe owner agrees to follow. The qualifying tract ofland must be managed primarily for forest crops,but other compatible uses such as recreation can alsobe included. If the land is sold for development whilethe plan is still in effect, a tax rollback penalty islevied. Forest owners can get more information bycontacting DEC at: Private Forestry Assistance Sec-tion, Bureau of Private Land Services, 625 Broad-way, Albany, NY 12233 - (518) 402-9425, DEC website: www.dec.state.ny.us.Assessments

Property tax assessment is usually based upona property’s market value, which reflects theproperty’s development potential. If a conservationeasement or some other type of development restric-tions reduce the development potential of the prop-erty, it may reduce the level of assessment and theamount of the owner’s property taxes. Thus tax in-centives may encourage people to preserve openspace.

It is possible to provide tax incentives by re-duced assessments based upon the existence of pro-tected wetlands on a property. For instance, theFreshwater Wetlands Act, Article 24 of the Envi-ronmental Conservation Law protects and conservesfreshwater wetlands that are 12.4 acres or larger.Smaller wetlands connected to larger watershed sys-tems are protected by the federal government.


Land AcquisitionThe General Municipal Law (GML) establishes

open land preservation as a public purpose. Section247 of the GML authorizes local governments to ex-pend public funds to acquire interests or rights inreal property to preserve open space. This sectionalso provides that after acquisition, the valuation ofthe open space areas for real estate taxation purposeswill take into account and be limited by the restric-tion on the future use of the parcel.

There are two types of land acquisition tech-niques: fee simple acquisition and acquisition of par-tial interests or rights by easement. In examiningthese techniques, it is useful to think of real prop-erty as a bundle of rights. A landowner may own allof the rights in the bundle or only some of them.

Fee SimpleFee simple acquisition is the purchase of the

fee title interest in a parcel of land. However, a pur-chaser can acquire a fee title interest in the propertyexcept for any rights in the property that alreadymay have been transferred to some other third party.For example, a utility company might own an ease-ment for a power line or, in the case of river area, autility company may own flowage rights for hydropower development. Several different types of feetitle acquisition include:

• Land can be purchased at its fairmarket value.

• Real property can be sold below the marketvalue to a conservation organization or amunicipality. This is referred to as a “bar-gain sale.” The difference between the mar-ket value and the reduced price may qualifyas a charitable deduction from income taxes.

• An installment sale involves the sale of realproperty over a period of years. This allowsthe seller of the land to defer, and possiblyreduce, the tax burden by spreading out theincome from the sale.

• Land can be sold with an option that allowsthe seller to continue to use the property dur-ing his or her lifetime. This allows the land-owner to receive the income now and thenhave the land transferred when he or shedies.

In general, land which has environmental prob-lems, such as contamination from toxic or hazard-ous waste, including oil spills, should not be pur-

chased by local governments until the site has beencleaned up and until DEC or the U.S. Environmen-tal Protection Agency has indicated that it is safe touse. An environmental audit should be arranged forby the owner to assess the extent of the liability. Thisusually would be performed by an engineering con-sultant.

Preserving open space through fee title acqui-sition allows a high degree of protection for the pur-chased land. The limitation is that purchasing all ofthe rights and interests in a parcel may be expensivewhen all of the costs are calculated. In addition toobtaining funds for purchasing the land, funds forits management and maintenance on a continuingbasis also must be provided.

Purchase of Development RightsThe purchase of development rights (PDR) can

be used to prevent changes in land use from farmingto non-farming practices. These rights to the landare voluntarily offered for sale by the owner, whoretains all other rights of ownership and a conserva-tion easement is placed on the land and recorded onthe title. The buyer, usually a local unit of govern-ment, pays the landowner the difference between thevalue of the land as restricted and the value of theland for its “highest and best use,” which is gener-ally residential or commercial development.

The development value is usually a high per-centage of the overall value. Preserving farmland forpermanent agricultural use is the major benefit ofthis program. Also, the parcel stays on the tax rollsand therefore continues to contribute to the tax base,but the reduction in market value may reduce prop-erty taxes and help prevent them from rising.

PDR gives a community a way to share in thecosts of protecting farmland with landowners. Non-farmers have a stake in the future of agriculture for avariety of important reasons, including keeping lo-cally grown food available and maintaining scenicand historic landscapes, open space, watershed andwildlife habitat.

Financing Local Open SpacePlanning and Implementation

Funding sources for a local open space planvary depending on the type of organization that ispreparing the plan. Local government agencies andad hoc open space committees appointed by localgoverning bodies can obtain appropriations from thegoverning body to prepare and publish the plan.Some funds for local open space planning are avail-


able from public and private sources. If one grantdoes not provide fully for project needs, it can beused to leverage other grants.

Several State, federal and private sources offunding are available to help carry out the recom-mendations of a local open space plan. In additionto the programs and sources listed below, informa-tion about grants can be obtained from the QualityCommunities Clearinghouse website,www.dos.state.ny.us/qc, and the Grants ActionNewsletter, published by the New York State As-sembly. This newsletter describes grants that areavailable for a wide array of projects. Another sourceof information is the Catalog of State and FederalPrograms Aiding New York’s Local Government,prepared by and available from the New York State

Legislative Commission on State-Local Relations.The catalog provides information about the flow ofaid dollars to local governments from the federal andstate governments, as well as detailing specific grantsand programs that are available. Finally, the Foun-dation Directory and The Foundation Grants Index,which are publications of the Foundation Center,provide information about private grants. This di-rectory and index are available at libraries. The Na-tional Park Service has compiled a list of founda-tions from these directories that have recently sup-ported open space conservation projects.

Local ProgramsDedicated Revenue Sources

A permanent or time-limited revenue streamderived from existing or new taxes or fees can beused to acquire open land. A dedicated fund may beused as the basis for bonding with the future rev-enues being used to pay off the interest and prin-ciple on the bond. This technique allows countiesand municipalities to bring money from the futureinto the present to acquire lands before the price in-creases dramatically or the parcels are lost to devel-opment.

Several examples exist in New York State atthe county or municipal level:

Suffolk County• In 1986, Suffolk County residents approved

a Drinking Water Protection program, worthover $300 million, funded by a ¼% increaseto the county sales tax. In 1987, this pro-gram was modified by Suffolk County vot-ers to allow bonding against the future rev-enues of the fund, and in 1996 modifiedagain by voters to prohibit legislative trans-fers of funds above 8% per annum from therevenue source into the county general fund.

• In 1999, Suffolk County voters approved arevised Drinking Water Protection program,still funded by a ¼% increase in the countysales tax, for a 12-year period. This billiondollar program provides about $273 millionfor conservation purposes, including openland purchases, purchase of farmland devel-opment rights, and implementation funds forrecommendations from the Long IslandSound Study, the South Shore Estuary Re-serve study and the Peconic Estuary study.The county has leveraged this dedicated fundfor $62 million through a low cost financ-ing arrangement, similar to bonding, pro-

Local Open SpaceAgricultural Partnership

In October of 1998, the Town of RedHook and Villages of Red Hook and Tivoliin Dutchess County initiated a project toprepare a comprehensive Open Space

Plan for the three communities. Theplanning process

began in 1999 withinformational

workshops andresidential surveysto better under-

stand citizen per-ception of open

space preservation.The survey showed that residents wereoverwhelmingly in favor of aggressive

protection of their rural communitycharacter by local officials. Completed

in November of 2000, by the Open SpaceSubcommittee of the Town of Red Hook

Greenway Committee, with the assis-tance of Behan Planning Associates, the

plan identified, catalogued, and cat-egorized open space areas within thethree communities. The plan recom-mends initiatives and techniques the

three municipalities can use to preservetheir rural character. They include theinstitution of an Agricultural Advisory

Council, establishment of a purchase ofdevelopment rights program, utilization

of conservation easements, zoningoverlay districts, cluster development,

and incentive zoning. The plan recom-mended that the communities protectbetween 8,000 and 13,000 acres of theexisting 19,000 acres of undeveloped

and productive agricultural land.


vided by the New York State Revolving Fundfor Clear Water and Air, and administeredby the Environmental Facilities Corporation.

• 1n 1998, Southampton, East Hampton, Shel-ter Island, Southold and Riverhead town resi-dents, in five separate town referenda, votedto establish a 2% buyers real estate transfertax, authorized by the NYS Legislature theprevious summer. This transfer tax (knownlocally as the Community Preservation Fundor CPF) and scheduled to sunset after 12years, would generate about $300 millionfor open space, critical wildlife habitat andfarmland protection during its lifetime. In2002, these same towns voted to extend theCPF until 2020, a move that will generatean additional $300 million dollars for theregion’s conservation needs. The CPF rev-enue streams in Southampton (for $30 mil-lion) and East Hampton (for $20 million)have been leveraged through a low cost fi-nancing arrangement, similar to bonding,provided by the New York State RevolvingFund for Clear Water and Air, and adminis-tered by the Environmental Facilities Cor-poration. Riverhead town has authorized $30million in general obligation bonds againstits future CPF revenues.

• In 1996, Southampton voters approved anincrease in property tax at 20 cents per $100real property assessment to create a dedi-cated fund for environmental conservationprojects, principally land and developmentrights purchases. This tax generates about$1 million a year for the town for this pur-pose and is restricted by the enabling legis-lation. The program does not sunset.

Local Bond ActsLocal general revenue bonds can be issued for

the purpose of obtaining funds to acquire open spaceresources. The local governing body may approvethe bond measure itself, subject to permissive refer-endum, or place the measure on the ballot for directapproval or rejection by the local electorate. The lo-cal governing body must specify the maximumamount to be raised and the number of years for re-payment.

Saratoga County• In November, 2002, a $5 million conserva-

tion bond act was approved by SaratogaSprings residents.

Suffolk County• In 2002, voters from the Long Island Towns

of Brookhaven, East Hampton, Riverhead,Shelter Island, Southampton and Southholdpassed measures which extended a two per-cent tax on real estate transactions to pro-tect open space. A total of approximately$360 million will be raised for open spaceprotection from this source.

• In 1997, Suffolk County residents voted toapprove a $62 million CommunityGreenways Bond Act. Funds were dividedfour ways: $20 million for open space pur-chase, $20 million for active recreation, $20million for the purchase of farmland devel-opment rights and $2 million to fund thedevelopment of an environmental educationcenter on a suitable county-owned site.

• Southampton - Residents voted to approvean $8 million conservation bond act in 1987.In 1996, voters approved another $5 mil-lion conservation bond act.

• East Hampton - In 1996, town voters ap-proved a $5 million conservation bond act.

• Shelter Island - In 1996, town voters ap-proved a $600,000 conservation bond act.

• Southold - In 1983, 1987, 1991 and 1994town residents approved $1.75 million bondacts for open space and farmland develop-ment right purchases. In 1996, 1997, 1998,1999, and 2001 town voters approved $2million farmland and open space protectionbond acts. In this 20 year period, Southoldresidents have approved $17 million foropen space and farmland protection.

• Riverhead - In 1996, subject to permissivereferendum the Riverhead town board ap-proved a $4 million open space and farm-land protection bond act.

• Brookhaven - In 1999, Brookhaven townresidents approved their first open spacebond act, $10 million for the protection offarmland and open space. In 2002, townresidents approved a $20 million bond actfor the same purposes.

• Huntington - In 1997, voters approved a $10million bond act for open space preserva-tion.


Nassau County• Oyster Bay Town - In 1999, voters approved

a $20 million bond act for open space anddrinking water protection.

Erie County• Clarence Town - Voters passed a $12.5 mil-

lion bond act to purchase farmland devel-opment rights and open space in November2002.

• Amherst Town - Has established a bondedfund for PDR purchases. Set aside in a capi-tal program about $900,000 for PDR’s.

• Marilla Town - Set aside $100,000 to$300,000 for PDR funds to match Federaland State Programs.

Monroe County• Monroe County received $2 million from the

NY State portion of the Tobacco Law Suitsettlement. County officials determined thatthese funds should be used to protect openspace and the money went into 1:1 openspace conservation matching grants totowns and qualifying not for profits in thecounty, working on open space protection.

• Penfield Town - Residents passed an OpenSpace Bond for $10 million on April 23rd,2002.

• Pittsford Town - Town council passed a bondmeasure, subject to permissive referendum,for $9.9 million available only for purchaseof farmland PDR’s, in 1998.

• Macedon Town - Town council passed afarmland preservation bond, subject to per-missive referendum.

Rockland County• Town of Orangetown residents voted in No-

vember 2002, to approve a special openspace bond for $6.95 million to purchase aspecific 348 acre tract of land.

Westchester County• Bedford Town - Residents approved a prop-

erty tax increase of 58 cents a year per$1000 of assessed value, to raise about $3million for open space preservation, Novem-ber 2000.

• Irvington Village - Residents approved a $3million bond issue for open space preserva-tion, November 2000.

• Lewisboro Town - Residents approved a $2million bond issue for open space preserva-tion, November, 2000.

• North Salem Town - Residents approved a$2 million bond issue for open space preser-vation, November 2000.

• Pound Ridge Town - Residents approved aproperty tax increase of $1 per $1000 ofassessed valuation, will raise $3 million foropen space preservation; November 2000.

• Somers Town - Residents approved a $2 mil-lion bond issue for open space preservation,November 2000.

• Yorktown Town - Residents approved a $30a year per tax lot for open space preserva-tion in November, 2000. This measure re-quired creation of a special taxing district,which itself required enabling legislationfrom the NYS legislature, which has notvoted to allow it. Yorktown still has no ef-fective local open space funding.

• Tarrytown Village residents approved a $3million bond issue for open space preserva-tion in March 2001.

• Dobbs Ferry Village residents approved a $3million bond issue for open space preserva-tion in November 2001.

• Ardsley Village residents approved a $1.5million bond issue for open space preserva-tion in November 2001.

• New Castle Town residents approved a $2million bond issue for open space preserva-tion in November 2002.

County and Local Capital Funding forOpen Space and Farm Land Preservation:

Suffolk County• For nearly 20 years, Suffolk County has com-

mitted $12 to $15 million a year in its an-nual capital budget to acquire open spaceand farmland development rights, in addi-tion to all its other revenue sources for openspace and farm land protection.

Westchester County• Starting with its 2001 budget, the Cortlandt

Town Board decided to put 10 percent of itsannual budget surplus in an open space fund.

• Starting in 1998, Westchester County Execu-tive Andrew Spano put $5 million a year for


five years in the county’s capital budget. Inthe spring of 2001, he modified that, an-nouncing instead that he would put $10 mil-lion a year for five years.

• In January 2001, the White Plains City mayorand Common Council created a $5.5 milliondedicated open space fund through theircapital budget process.

State ProgramsEnvironmental Protection Fund (EPF)

In 1993, the Legislature enacted the Environ-mental Protection Act. The Act created for the firsttime in the state’s history a permanently dedicatedEnvironmental Protection Fund (EPF) to meet manyof the state’s pressing environmental needs, includ-ing: the acquisition of priority open space projectslisted in the State Open Space Conservation Plan;work on the identification, research and conserva-tion of the state’s biological diversity; the munici-pal parks and historic preservation grant programadministered by OPRHP; local farmland protectionprojects administered by the Department of Agri-culture and Markets; local waterfront revitalizationprojects administered by the Department of State,and more recently, stewardship funding for DEC andOPRHP’s land and facility holdings and implemen-tation of the Hudson River Estuary Action Plan.

The EPF has grown substantially, from $31.5million in appropriations in 1994, to its current annualfunding level of $250 million.

The acquisition of open space conservationprojects is provided for in Title 3 of Article 54 ofthe Environmental Conservation Law. Conserva-tion of priority open spaces by either DEC or OPRHPis authorized by this law. Title 9 of Article 54 au-thorizes OPRHP to administer a matching grants pro-gram for municipal parks, recreation and historicpreservation projects.

Revenues to support the Environmental Pro-tection Fund include proceeds resulting from a por-tion of the existing real estate transfer tax, refinanc-ing of state and public authority obligations, sale ofsurplus State lands as authorized by State law, saleor lease of State owned underwater lands and rev-enues from a conservation license plate programdedicated to open space conservation land projects.

Clean Water/Clean Air Bond ActThe Clean Water/Clean Air Bond Act, passed

by referendum in November of 1996, provided sig-nificant resources for several open space programs,

which have now been fully committed and no longeravailable for new projects.Clean Water State Revolving Fund (CWSRF)

In 2002, the Clean Water State Revolving Fund(CWSRF) was expanded to provide not-for-profitorganizations a mechanism to fund land acquisitionprojects that protect and enhance water quality andpreserve open space. The CWSRF’s low interestrate financing, which can save a substantial amounton project costs, has previously only been availableto municipalities.

The CWSRF has been successfully used bymunicipalities on both Long Island and in WestchesterCounty for land acquisition protects that protect andenhance water quality. For example, the City of Ryein Westchester County used a $3.1 million SRF short-term, zero-interest loan to acquire and protect cru-cial land in the Long Island Sound Estuary. This landacquisition, recommended in the ComprehensiveConservation and Management Plan for the LongIsland Sound, will protect water quality and preserveand improve the waterfront, tributaries and wetlandswithin the city.

The CWSRF, administered by the State Envi-ronmental Facilities Corporation (EFC) and DEC,was created in 1987 through an amendment to thefederal Clean Water Act. The amendment enabledstates to establish loan funds to finance water qual-ity improvement projects, including traditional waste-water treatment facilities, programs that reduce non-point sources of pollution such as land acquisition,and projects identified in Comprehensive Conserva-tion and Management Plans approved by the U.S.Environmental Protection Agency. In New York,these include the Long Island Sound, NY/NJ Har-bor and Peconic Bay Estuaries.

In May, 2003, the Open Space Institute, a non-profit conservation organization, reached an agree-ment to acquire the 10,000-acre Tahawus property,strategically located on the southern gateway to theHigh peaks region of the Adirondack Park. The prop-erty also contains the headwaters of the HudsonRiver as well as many other water bodies. Underthe innovative arrangement, OSI will borrow fundsfrom the CWSRF to purchase the property, and workclosely with the State to transfer portions of the prop-erty to the State Forest Preserve, while the remain-ing portions will be protected by a working forestconservation easement. This is the first instance ofa non-profit conservation organization in New Yorkusing the CWSRF to finance the acquisition of landwhich protects water quality.


Increased use of the SRF by local governmentsand qualified land trusts and conservation organi-zations can provide a significant new source of fund-ing for the protection of locally important open spaceresources that improve water quality.

Gifts and DonationsGifts and donations are an important way for

individuals and businesses to contribute directly tothe conservation of open space. Gifts and donationsof land, in fee or easement, can be made to qualifiednot-for-profit organizations and local, state and fed-eral governments. Gifts of funds for acquisition oflands can also be made, and can be targeted to spe-cific acquisition proposals. Some private foundationshave been particularly active and important in landconservation in New York State. Foundation fund-ing may continue to be an important source of con-servation funds in the future.

The Natural Heritage Trust is a public benefitcorporation of the State of New York that can ac-cept private sector gifts and funds for the preserva-tion, protection, and enhancement of the natural andhistoric resources for parks, recreation and historic pres-ervation purposes. This provides an opportunity forOPRHP and DEC to promote public/private coopera-tion.

Federal ProgramsLand and Water Conservation Fund (LWCF)

Since 1965, New York’s bond act funds for ac-quisition of land and development of outdoor recre-ation facilities have been coupled with monies allo-cated to the states by the U.S. Department of theInterior from the Land and Water Conservation Fund(LWCF) for land acquisition and development foroutdoor recreation. During the 1960’s and 1970’s,the LWCF helped stretch state dollars for acquisi-tion and development of outdoor recreation land.Since 1965, New York State has received more than$201 million from this fund.

Under the provisions for the administration ofthe LWCF, the state or municipality must provide a50/50 match against the federal funds. States alsohave the option of passing the federal funds throughto local governments on a matching basis. In thisway, the federal program provides an incentive tothe states and their local governments to establish asource of funds with which to match the federal dol-lars. Thus, the combination of LWCF monies andstate and local monies has totaled more than $6 bil-lion nationally since 1965. Further, the state is re-

quired to develop and maintain a State Comprehen-sive Outdoor Recreation Plan (SCORP). This policyand assessment document and this Open Space Planprovides the guidance for the allocation of LWCFmonies.

Revenues from federal offshore oil and gas leas-ing, up to a maximum of $900 million are credited tothe LWCF account. From a high point in 1979, whenthe states received $370 million and New York re-ceived $23.6 million, allocations to the states wereeliminated in federal fiscal year 1996 through 1999.Demand, however, has not decreased, as evidencedby the requests for park acquisition and develop-ment under the EPF.

Pittman-Robertson ProgramThe federal Aid in Wildlife Restoration Act, com-

monly known as the Pittman-Robertson program, wassigned into law in 1937. It is funded by an 11% ex-cise tax on rifles, shotguns and archery equipmentand a 10 percent excise tax on handguns. This moneyis apportioned to the states and is earmarked forwildlife conservation and hunter education.NewYork’s share of about $3.6 million annually iscurrently committed to: habitat protection, sportsmeneducation and wildlife management.

Rivers, Trails and ConservationAssistance Program

The National Park Service administers the Riv-ers, Trails and Conservation Assistance Program thathelps citizens and communities develop and imple-ment local Greenway and Trail projects. For example,in New York State the program helped with the cre-ation of both the Genesee Valley Greenway and theHudson River Greenway.

Sport Fish Restoration ProgramThe federal Sport Fish and Restoration Act, com-

monly known as the Dingell-Johnson Programamended by the Wallop-Breaux Act, provides for thecollection of excise taxes on fishing tackle, importedyachts and motor boat fuels. Funds are returned tothe states by the U.S. Fish and Wildlife Service foruse in fisheries management and research programs.New York receives about $4.9 million annually whichcurrently is committed to the following projects: de-velopment and management of New York’s fresh-water and marine fisheries resources, habitat pro-tection, boating access, and Lake Champlain. Themoney generally supports staff, non-personal servicecosts and design and maintenance for boating ac-cess facilities.


Transportation Efficiency Act (TEA-21)TEA-21 provides for about $500 million to be

allocated from the Highway Trust Fund for enhance-ments such as acquisition, rehabilitation and opera-tion of historic transportation facilities, of sceniceasements, conversion of abandoned railways totrails, bicycle and pedestrian facilities, removal ofoutdoor advertising, archaeological planning, andscenic byways. New York State received $110 mil-lion over a 5-year period from the transportation en-hancements component and other funds for theCMAQ component. In addition, New York State hasbeen awarded $1.8 in Scenic Byway Grants and $4.4million for the Recreational Trails Program compo-nent.Farm Security and Rural Investment Act

Several sections of the Farm Security and RuralInvestment Act, signed in May 2002, provide fundingbeneficial to New York State’s open space program.Below are examples of such federal programs:

Wetland Reserve Programs. The Wetlands Re-serve Program (WRP) was added to the Farm Billin 1990 and also reauthorized under the 1995 and2002 farm bills. The WRP provides financial in-centives for restoration and protection of up to2.275 million acres of wetlands. The 2002 reau-thorization increased the acreage cap from onemillion to 2.275 million acres. Technical assis-tance is also provided to help develop restorationand management plans. There are three contractoptions available to landowners: permanent ease-ment, 30 year easement, or restoration agreement.For permanent easements, 100% of all eligiblecosts and the appraised agricultural value of theland is paid. For 30 year easements, 50-75% ofeligible costs and the appraised land value is paid.On restoration agreement, no easement is pur-chased, but 75% of restoration costs are paid bythe Natural Resource Conservation Service(NRCS) and the landowner agrees to maintaincompatible practices for 15 years.

Forest Legacy Program. The Forest LegacyProgram was established in federal law in the for-estry title of the 1990 Farm Bill. It is designed toidentify and protect environmentally sensitive for-ests that are threatened with conversion to non-forest uses. The law authorizes the Forest Ser-vice, through the Secretary of Agriculture, to ac-quire land and conservation easements from will-ing sellers, in cooperation with participatingstates. Under the state grant option, New York is

using Forest Legacy funds to enhance the state’sWorking Forest program and conserve importantforest resources. Projects that have been under-taken using Legacy funds include the TaconicRidge, Sterling Forest, the New York City Water-shed in the Catskills and projects in the Tug Hilland Adirondack Park. There is strong emphasisin the program on the purchase of conservationeasements from willing sellers. To the extent fea-sible, the federal share does not exceed 75% andstates and other participating entities provide theremaining 25%, according to Forest Serviceguidelines.

Eligible forest lands include those with oneor more resource values, such as scenic, recre-ational, cultural and ecological values, as well asriparian areas, fish and wildlife habitats and threat-ened and endangered species. Potentially eligiblelands also should provide opportunities for tradi-tional forest uses, such as timber management andforest-based recreation. The existence of an im-minent threat of conversion would be a primaryconsideration for eligibility and the land shouldpossess strong environmental values.

All such easements acquired will meet theconservation objectives and goals contained inthe State Open Space Plan, will limit subdivisionof the encumbered lands, will provide for perma-nent forest cover subject to sustainable harvest-ing of timber and timber products using practicesconsistent with state laws and regulations, willprohibit all residential, significant surface disturb-ing mining and drilling, commercial and indus-trial uses except for silvicultural activities andassociated natural resource management activi-ties.

In 2002, the existing Hudson HighlandsLegacy area was expanded to encompass a largegeographic area ranging from the New York/NewJersey/Pennsylvania border, across the HudsonRiver to the Connecticut border where it nowlinks with the expanded Taconic Ridge ForestryLegacy area. Other approved Legacy areas in NewYork incude the Northern Forest (Tug Hill andAdirondack region), Taconic Ridge, DelawareCatskill Watershed and Long Island Pine Barrens.Farmland Protection Program. Section 388 ofthe Federal Agricultural Improvement and Re-form Act of 1996 established the Farmland Pro-tection Program (FPP). The Commodity CreditCorporation (CCC) administers the program un-


der the USDA Natural Resources ConservationService. The program provides cost-share assis-tance to states, tribes, and units of local govern-ment for the acquisition of conservation ease-ments or other interests in prime, unique, or otherproductive soil for the purpose of limiting non-agricultural uses on that land.

Since 1996, the program has provided $53.4million nationwide to protect 108,000 acres. Inthe 2002 Farm Security and Rural Investment Act,the new funding is a nearly 20-fold increase overthe amount committed to this program since thelast farm bill. The federal program will be under-taken in New York State in conjunction with theState Farmland Protection Program.Forest Stewardship Program. The Forest Stew-ardship Program (FSP) helps nearly 500,000 non-industrial private forestland (NIFP) owners whoown 85% of the New York’s forestland bettermanage and use their forest resources. Under FSP,every state has developed and is implementing acomprehensive management program to ensurethat private forest lands are managed under pro-fessional developed forest stewardship plans. Acompanion program, the Forest Land Enhance-ment Program, authorized by the 2002 federalFarm Security and Rural Investment Act will pro-vide an opportunity for owners to obtain financialand technical assistance to implement projects rec-ommended in Stewardship plans. Conservationdistricts recommend extending FSP and increas-ing its funding authorization to $50 million annu-ally.Forest Land Enhancement Program. The U.S.derives tremendous benefits from nonindustrialprivate forest (NIPF). NIPF lands include all pri-vate forest ownerships above one acre that donot contain a wood processing facility. Given thatthe management of these forests has a tremen-dous influence on the quality of our nation’s wa-ter, watersheds, air, wildlife and timber resources,the owners of these lands must be provided theresources they need to assure proper manage-ment.

A recent survey of landowners with ForestStewardship Plans indicates that landowners withsuch plans are almost three times more likely toimplement their plans if they receive financial and/or technical assistance than if they don’t.

The 2002 Farm Security and Rural Invest-ment Act directs the Secretaryof Agriculture to

establish a Forest Land Enhancement Programfor the purposes of providing financial assistanceto state foresters, and encouraging the long-termsustainability of non-industrial private forest landin the U.S. by assisting owners in actively man-aging land and related resources through the useof state, federal and private sector resource man-agement expertise, financial assistance and edu-cational programs.Conservation Security Program CSP). The 2002Federal Farm Bill establishes this new programfor fiscal years 2003 through 2007 to rewardstewardship and provide an incentive for address-ing additional resource concerns on agriculturalworking lands.Urban and Community Forestry Program. TheUrban and Community Forestry Program (UCFP)provides the leadership, in cooperation withstates, for improving and expanding urban for-est ecosystems in the nation’s 45,000 towns andcities where 80% of the population of our coun-try resides. The program provides leadership forstate of the art technology and grants to urbanareas to improve their quality of life through treeplanting, maintenance and urban tree protectionactions.The Conservation Reserve Program (CRP). Pro-vides technical and financial assistance to eli-gible farmers and ranchers to address soil, wa-ter, and related natural resource concerns on theirlands in an environmentally beneficial and cost-effective manner. The program provides assis-tance to farmers and ranchers in complying withFederal, State, and tribal environmental laws, andencourages environmental enhancement.

The Conservation Reserve Program reducessoil erosion, protects the Nation’s ability to pro-duce food and fiber, reduces sedimentation instreams and lakes, improves water quality, es-tablishes wildlife habitat, and enhances forest andwetland resources. It encourages farmers to con-vert highly erodible cropland or other environ-mentally sensitive acreage to vegetative cover,such as tame or native grasses, wildlife plantings,trees, filterstrips, or riparian buffers.

The 2002 Federal Farm Security and RuralInvestment Act funds the Conservation ReserveProgram at $1.517 billion and reauthorizes theprogram through 2007. The acreage cap for thisprogram has been increased from 36.4 millionto 39.2 million acres. The reauthorization retains


program priority areas and expands wetlands pi-lot projects to one million acres with all stateseligible.

Environmental Quality Incentives Program(EQIP). The Environmental Quality IncentivesProgram (EQIP) was established in the 1996Farm Bill to provide a voluntary conservationprogram for farmers and ranchers who face seri-ous threats to soil, water, and related natural re-sources. In the 2002 Federal Farm Security andRural Investment Act reauthorization, EQUIPhas been funded at $9 million.Wildlife Habitat Incentives Program (WHIP).The Wildlife Habitat Incentives Program (WHIP)is a voluntary program that encourages creationof high quality wildlife habitats that support wild-life populations of national, state, tribal and lo-cal significance. Through WHIP, the Natural Re-sources Conservation Service (NRCS) providestechnical and financial assistance to landownersto create upland, wetland, riparian and aquatichabitat areas on their property. Since 1996, ap-proximately $62.5 million have been spentthrough this program to provide cost-share pay-ments on 1.6 million acres. The reauthorizationof the Federal Farm Security and Rural Invest-ment Act provides $700 million for this program,which is greater than a 10-fold increase over theamount committed to this program since the lastfarm bill.National Flood Insurance Program (NFIP).NFIP enables property owners to purchase af-fordable flood insurance. The program is admin-istered by the Federal Emergency ManagementAgency (FEMA). The program works by identi-fying communities that are likely to have floods;in New York State, all but a few communitiesare in this category. FEMA identifies flood haz-ard areas and then offers the local governmentthe opportunity to participate in the program. Ifthe community decides not to participate, no fed-eral disaster assistance will be available. If thecommunity participates in the program, it mustagree to adopt and enforce floodplain manage-ment measures to reduce the risk of flood dam-age in return for having affordable flood insur-ance available for purchase by people in the com-munity. The floodplain regulations provide pro-tection from flooding by requiring new structuresto be elevated above damaging flood levels or tobe structurally flood proofed. Areas which are

likely to be affected by floods are good candi-dates for open space protection and should beconsidered in an open space plan. DEC has theauthority to provide technical assistance to mu-nicipalities that want to qualify for the NFIP. Thisassistance may involve the preparation of a flood-plain management plan, regulations orstormwater management. Identifying floodwaysand floodplains where development cannot oc-cur without expensive floodproofing of newstructures, may help to preserve these areas inopen space. In turn, this will help to retain flood-waters in the floodplain rather than pass themdownstream at increased velocity and with in-creased potential to do damage, as so often oc-curs when floodplains are intensively developed.Creative stormwater management can serve mul-tiple objectives including erosion and sedimentcontrol, water quality management, flood con-trol, open space preservation and visual enhance-ment. For example, a system of stormwater re-tention ponds in a new development can be aes-thetically pleasing and can serve as a stormwatermanagement system.

The NFIP is useful for open space plan-ners because it can help identify floodplain ar-eas that need protection. Good resource protec-tion is always a superior alternative to insuranceand ideally, protection and insurance should beused together.

Coastal and Estuarine Land Conservation Pro-gram (CELCP). This federal program, authorizedin 2002, is administered by the National Oce-anic and Atmospheric Administration (NOAA).This grant program provides funds for projectsthat protect important coastal and estuarine ar-eas based on the completion of state coastal andestuarine land conservation plans. NOAA willwork closely with coastal states and territoriesto effectively implement this program.

Resources:Metropolitan Conservation Alliance. 2002.

Conservation Area Overlay District, A Model Lo-cal Law. Technical Paper Series, No. 3. Bronx, NewYork. 46pp.

For more information on how to use stormwatermanagement facilities to enhance developmentprojects and preserve open space, see the DEC hand-book, Reducing the Impacts of Stormwater Runoff


from New Development. Another useful stormwatermanagement assistance tool is the NYS StormwaterManagement Design Manual.

Nolon, John R., Land Use Law Center, PaceUniversity School of Law, Preserving Natural Re-sources Through Local Environmental Laws: AGuidebook for Local Governments.

Private ProgramsPrivate Sector Donations

Many land trusts work with private landown-ers to protect land, often using funds raised fromprivate donations to accomplish local conservationobjectives. Community foundations and other phil-anthropic organizations are also sources of privatefunding for local open space conservation projects.Donations from the private sector can play a largerole in open space planning activities. In addition tosoliciting funds, an open space planning group canobtain materials from companies that can be usedfor trails or other conservation projects. For example,a local lumber store or forest owner could donatewood for a foot bridge. A company that makes signsmay donate the design expertise and materials for atrailhead sign. A publishing or printing companymight print copies of the final local open space plan.Utility companies may be willing to donate woodchips for trails.


CONTACT LIST

FEDERAL AGENCIES

US Department of the InteriorBureau of Land Management1849 C Street, NW, LS-406Washington, DC 20240(202) 208-3801www.blm.gov

US Department of the InteriorUS Fish and Wildlife Service

Northeast Regional Office 5300 Westgate Center DriveHadley, MA 01035(413) 253-8200www.fws.gov

US Department of the InteriorNY Ecological Services

Field Station3817 Luker RoadCortland, NY 13045(607) 753-9334www.r5es [email protected]

US Department of the InteriorUS Geological Survey

12201 Sunrise Valley DriveNational CenterReston, VA 20192(703) 648-4000www.usgs.gov

US Department of the InteriorGeological Survey

Albany District OfficeLeo W O’Brien Federal BuildingAlbany, NY 12207(518) 431-4341www.usgs.gov

National Park ServiceRivers & Trails Program

4097 Albany Post RoadHyde Park, NY 12538(845) 229-9115www.ncrc.nps.gov

National Park ServiceBoston Support Office

15 State StreetBoston, MA 02109-3572(617) 223-5051www.ncrc.nps.gov

National Park ServicePhiladelphia Support Service

200 Chestnut Street, 3rd FloorPhiladelphia, PA 19106(215) 597-7995www.ncrc.nps.gov

National Park ServiceNY Metropolitan Area Field OfficeWaterways and Trailways

1 Bronx River ParkwayBronx, NY 10462(718) 430-4668www.ncrc.nps.gov

US Department of AgricultureWildlife Services

1930 Route 9Castleton, NY 12033(518) 477-4837www.usda.gov

US Department of AgricultureUS Forest Service

Northeastern Research Station11 Campus Boulevard, Suite 200Newtown Square, PA 19073-3200(610) 557-4103www.na.fs.ned.us

US Department of AgricultureNatural ResourcesConservation Services

441 South Salina St. Ste 354Syracuse, NY 13202(315) 477-6524www.ny.nrcs.usda.gov

US Army Corps of Engineers1766 Niagara StreetBuffalo, NY 14207-3199(716) 879-4200www.lrb.usace.army.mil

US Army Corps of EngineersNY District26 Federal PlazaNew York, NY 10278(212) 264-0100www.nan.usace.army.mil

US Environmental Protection AgencyRegion 2

290 BroadwayNew York, NY 10278-0090(212) 637-3000www.epa.gov/region02Wetlands Protection


NYS AGENCIES

Adirondack Park AgencyState Route 86Ray Brook, NY 12977(518) 891-4050www.northnet.org/adirondackparkagency/

NYS Thruway AuthorityCanal Recreationway Commission

200 Southern BoulevardAlbany, NY 12201-0189(518) 436-3055www.canals.state.ny.us

Cornell Cooperative Extension(607) 255-2237www.cce.cornell.edu

Cornell Institute for ResourceInformation Systems

Center for the EnvironmentCornell University302 Rice HallIthaca, NY 14853(607) 255-6520 or 255-4662http://cfe.cornell.edu/ciris/

NYS Department of Agriculture &Markets Agricultural Protection andDevelopment Services

1 Winners CircleAlbany, NY 12235(518) 457-7076www.agmkt.state.ny.us

NYS Department of Agriculture & MarketsNY Soil and Water Conservation Districts

1 Winners CircleAlbany, NY 12235(518) 457-3738www.agmkt.state.ny.us

Department of EmpireState Development

30 South Pearl StreetAlbany, NY 12206(518) 292-5100www.empire.state.ny.us

NYS Department ofEnvironmentalConservation

625 BroadwayAlbany, NY 12233www.dec.state.ny.us

Office of Natural Resources(518) 402-8560

Office of Natural Resources Planning(518) 402-9405

Division of Lands and Forests(518) 402-9405

Division of Fish, Wildlife & MarineResources - (518) 402-8924

Division of Mineral Resources (518) 402-8076Bureau of Marine Resources

205 Belle Meade RoadEast Setauket, NY 11733(516) 444-0430

Hudson River Estuary Section21 South Putt Corners RoadNew Paltz, NY 12561-1696(845) 256-3016

Region 1SUNY Campus Loop Road, Building 40Stony Brook, NY 11790-2356(631) 444-0270

Region 21 Hunters Point Plaza 4740 21st StreetLong Island City, NY 11101-5407(718) 482-4900

Region 321 South Putt Corners RoadNew Paltz, NY 12561-1696(845) 256-3000

Region 41150 North Westcott RoadSchenectady, NY 12306-2014(518) 357-2234

Region 5Route 86, PO Box 296Ray Brook, NY 12977-0296(518) 897-1276

Region 6State Office Building317 Washington St.Watertown, NY 13601(315) 785-2263

Region 7615 Erie Boulevard WestSyracuse, NY 13204-2400(315) 426-7400


Region 86274 East Avon-Lima RoadAvon, NY 14414(585) 226-2466

Region 9270 Michigan AvenueBuffalo, NY 14203-2999(716) 851-7000

NYS Department of StateDivision of Coastal Resources andWaterfront Revitalization

41 State StreetAlbany, NY 12231-0001(518) 474-6000www.dos.state.ny.us

NYS Department of StateOffice of Local Government

41 State StreetAlbany, NY 12231-0001(518) 473-3355www.dos.state.ny.us

NYS Department of TransportationState Campus, Building 5Albany, NY 12232General Information (518) 457-5100www.dot.state.ny.us

Hudson River Valley GreenwayCommunities Council

State CapitolRoom 254Albany, NY 12224(518) [email protected]

Greenway Conservancy for theHudson River Valley

State Capitol - Room 254Albany, NY 12224(518) 473-3835www.hudsongreenway.state.ny.us

Lake George Park CommissionPO Box 749Fort George RoadLake George, NY 12845(518) 668-9347www.lgpc.state.ny.us

NYS Office of General ServicesBureau of Land Management

Corning TowerEmpire State PlazaAlbany, NY 12242(518) 474-2195www.ogs.state.ny.us

NYS Office of Parks, Recreation& Historic Preservation (OPRHP)

Empire State Plaza - Agency Building 1Albany, NY 12238(518) 474-0456 (General Information)Bureau of Resource and Facility Planning(518) 474-0414www.nysparks.state.ny.us

Allegany State Park RegionAllegany State Park2373 ASP Route 1, Suite 3Salamanca, NY 14779(716) 354-9101

Genesee Park Region1 Letchworth State ParkCastile, NY 14427-1124(716) 493-3600

Niagara Frontier RegionPO Box 1132Prospect StreetNiagara Falls, NY 14303(716) 278-1770

Central New York Park Region6105 East Seneca TurnpikeJamesville, NY 13078-9516(315) 492-1756

Finger Lakes Park Region2221 Taughannock Park RoadPO Box 1055Trumansburg, NY 14886-1055(607) 387-7041

Long Island Park RegionBelmont Lake State ParkPO Box 247Babylon, NY 11702-0247(516) 669-1000

Saratoga/Capital District Park Region19 Roosevelt DriveSaratoga Springs, NY 12866-2000(518) 584-2000


Taconic Park RegionPO Box 308Staatsburg, NY 12580(914) 889-4100

Thousand Islands Park RegionKeewaydin State Park45165 NYS Route 12Alexandria Bay, NY 13607(315) 482-2593

New York City Park Region679 Riverside DriveManhattan, NY 10031(212) 694-3608

Palisades InterstatePark Commission

Administrative BuildingBear Mountain, NY 10911-0427(845) 786-2701

OPRHP Historic Preservation FieldServices Bureau

Peebles IslandPO Box 219Waterford, NY 12188(518) 237-8643

Tug Hill Commission317 Washington StreetWatertown, NY 13601-3741(315) 785-2570www.tughill.org

Long Island Pine Barrens Commission3525 Sunrise HighwayPO Box 587Great River, NY 11739-0587(631) 563-0385www.pb.state.ny.us


Audubon New York. Local chapters may be ableto provide information about local biological re-sources. (www.ny.audubon.org)

The American Farmland Trust. A nonprofit orga-nization that works with farmers, business people,legislators and conservationists to encourage soundfarming practices and to preserve agricultural re-sources. This organization publishes a quarterlymagazine titled, “American Farmland” and infor-mative brochures about protection options for agri-cultural land. A helpful guidebook, Agricultural andFarmland Protection for New York, is also avail-able from the American Farmland Trust, NortheastOffice, Six Franklin Square, Suite E, SaratogaSprings, NY 12866. (www.farmland.org)

The Association of State Wetland Managers. Thisgroup has produced the Wetland and Watershed Pro-tection Toolkit: A Compilation of Guidance Materi-als for Local Government in New York State in 2002.To order the toolkit, contact the Association of StateWetland Managers, Inc., PO Box 269, Berne, NY12023-9746, (518) 872-1804 or visit ASWM’swebsite. (www.aswm.org)

Center for Watershed Protection is a non-profit501(c)3 corporation that provides local govern-ments, activists, and watershed organizations aroundthe country with the technical tools for protectingsome of the nation’s most precious natural resources:our streams, lakes and rivers. The Center has devel-oped and disseminated a multi-disciplinary strategyto watershed protection that encompasses watershedplanning, watershed restoration, stormwater man-agement, watershed research, better site design, edu-cation and outreach, and watershed training.(www.cwp.org)

Community Watershed Groups. Some watershedsand streams have been “adopted” by community-based watershed groups. Watershed groups are typi-cally a locally-led group that draws together a di-verse set of interests and technical capabilities toaccomplish watershed protection and restorationgoals.

Conservation Technology Information Center. Con-tains Know Your Watershed guides, and informa-tion on Building Local Partnerships and Putting To-gether a Watershed Management Plan.(www.ctic.purdue.edu/CTIC/CTIC.html)

County Environmental Management Councils.Many New York State Counties have active Envi-ronmental Management Councils. EMCs workclosely with local governments, communities, andother county agencies to foster environmental pro-tection, while also advising decision-makers on en-vironmental matters. Some EMCs have taken pro-active, leadership roles in watershed protection pro-grams throughout their counties. (www.nysaemc.org)

County Soil and Water Conservation Districts(SWCDs). Most counties have a Soil and WaterConservation District which promotes the reductionof soil erosion, nonpoint source pollution and asso-ciated environmental impacts. SWCDs have begunto assume a broader role in local environmental man-agement and should be contacted to obtain infor-mation about a community’s farms, watersheds,lakes, rivers and shorelands. Technical assistanceopportunities also should be explored. Phone (518)457-3738. (www.nys-soilandwater.org)

County Water Quality Coordinating Commit-tees. Most counties also have a water quality coor-dinating committee charged with preparing a waterquality strategy and overseeing its implementation.In 1992, federal Clean Water Act funds were allo-cated to each county committee in the state for thepurpose of developing county water quality strate-gies. Most water quality coordinating committeeshave members from the county soil and water con-servation district, the county department of health,the local or county planning boards, lake associa-tions and other organizations such as the environ-mental management council. They work on imple-menting specific projects that have been identifiedin the county water quality plan and they addresswatershed issues as they arise. This organization canbe contacted for information about the watershedsin a community and for suggestions about how toprotect them in an open space plan.

Ducks Unlimited. Local chapters may be able toprovide information about local biological resources.(www.ducks.org)

Hudsonia, Ltd. is a non-profit, science-based re-search organization that works throughout theHudson Valley and beyond. In 2001, they producedthe Biodiversity Assessment Manual for the HudsonRiver Estuary Corridor, which was published by

OTHER SOURCES OF ASSISTANCE


NYS DEC. It is an excellent resource for communi-ties in the Hudson Valley, including techniques toidentify, prioritize and protect important ecologi-cally significant habitats. Hudsonia, Ltd., Bard Col-lege, Box 5000, Annandale, NY 12504, (845) 758-7053. (www.hudsonia.org)

Hudson River Estuary Program. Provides tech-nical assistance to communities in the Hudson Val-ley for protecting biodiversity, including informa-tion and interpretation. Contact the Estuary Programat NYS Department of Environmental Conservation,21 South Putt Corners Road, New Paltz, NY 12561,(845) 256-3016. (www.dec.state.ny.us)

The Hudson River Valley Greenway. Providesfunding and technical assistance for trail develop-ment and community planning to municipalities inthe Hudson Valley. Greenway staff work with mu-nicipalities and local groups to help them realize theirvision for a trail network in their community. Otherpublic and private trail organizations should be con-tacted to determine who will have the responsibilityof maintaining the trail. Contact: State Capitol, Room254, Albany, NY 12224, (518) 473-3835.(www.hudsongreenway.state.ny.us)

Invasive Plant Council of New York State. Pro-vides information on the effects of invasive plantson biodiversity, their alternatives for gardeners andgreenhouses that carry native plants. Located at theNew York State Office of The Nature Conservancy,415 River Street, 4th Floor, Troy, NY 12180, (518)271-0346. (www.ipcnys.org)

Land Trust Alliance of New York. To find a landtrust near you contact the LTA of New York at POBox 792, Saratoga Spring, NY 12866, (518) 587-0774. (www.lta.org)

Lincoln Institute of Land Policy. The Lincoln In-stitute of Land Policy is a nonprofit educational in-stitution established in 1974 to study and teach landpolicy and taxation. By supporting multidisciplinaryeducational, research and publications programs, theInstitute brings together diverse viewpoints to ex-pand the body of useful knowledge in two depart-ments—valuation and taxation, and planning and de-velopment. Contact: Lincoln Institute of Lan Policy,113 Brattle Street, Cambridge, MA 02138-3400.(www.lincolninst.edu)

The National Park Service Rivers and Trails Con-servation Assistance Program. This program helpsstates, communities and private organizations con-

serve river and trail corridors. The program providestechnical assistance. Park Service staff participatein active conservation efforts, they provide assistancewith preparing inventories of river and trail corri-dors and they provide assistance with developing andimplementing conservation plans. Contact: NYSOffice, Roosevelt-Vanderbilt National Historic Site,4097, Albany Post Road, Hyde Park, NY 12538,(845) 229-9115. (www.nps.gov./ncrc)

Natural Resource Conservation Service (NRCS).Contains downloadable versions of National Water-shed Manual and “Aging Watershed Infrastructure”documents and provides information on WatershedProtection and Flood Control Operations, WatershedSurveys and Planning, Wetlands Conservation Com-pliance, Wetlands Reserve Program and WildlifeHabitat Incentives Program. (www.nrcs.usda.gov)

The Nature Conservancy. The world’s largest non-profit conservation organization, it has five NewYork offices separated by region. An office closestto you can be found on the The Nature Conservancywebsite. The New York Office is at 415 River Street,4th Floor, Troy, NY 12183, (518) 273-9408.(www.nature.org)

New York Natural Heritage Program. Is a jointprogram of the NYSDEC and The Nature Conser-vancy. The Heritage program inventories the statefor rare plant and animal species, as well as exem-plary natural communities. The New York Programis part of NatureServe, the Network of Heritage Pro-grams in the US and Canada. Contact: New YorkNatural Heritage Program, 625 Broadway, 5th Floor,Albany, NY 12233-4757, (518) 402-8935.(www.nynhp.org)

New York State Biodiversity Research Institute.BRI is a clearinghouse for biological information.The BRI is located in the New York State Museum,CEC 3140, Albany, NY 12203, (518) 486-4845.(www.nysm.nysed.gov/bri)

New York State Department of Agriculture andMarket’s Division of Agricultural Protection andDevelopment Services. Has the responsibility forproviding technical assistance to county agriculturaland farmland protection boards. Assistance programinformation is available on the website. If a countyagricultural and farmland protection board exists, itmay be in the process of preparing an agriculturalprotection plan. This board can assist with the prepa-ration of the inventory and the open space plan.(www.agmkt.state.ny.us)


New York State Department of State Coastal Pro-gram. This program provides funding and technicalassistance to coastal communities for water qualityand aquatic habitat protection and restoration. NYSDOS Coastal also works with communities to developLocal Waterfront Revitalization Plans. For more in-formation contact: Division of Coastal Resources, 41State Street, Albany, NY 12231-0001, (518) 474-6000;Fax: (518) 473-2464. (www.dos.state.ny.us/cstl/cstlwww.html)

New York State Department of EnvironmentalConservation’s Division of Water. Protects waterquality in lakes, rivers, aquifers and coastal areas byregulating wastewater discharges, monitoringwaterbodies and controlling surface runoff. Divisionof Water manages availability of freshwater re-sources, and helps communities prevent flood dam-age and beach erosion, while also promoting waterstewardship and education. (www.dec.state.ny.us/website/dow/index.html)

Non-point Education for Municipal Officials is aprogram created at the University of Connecticut toeducate local land use officials about the relationshipof land use decisions and natural resource protection.Much of the current focus is targeting town officials toplan appropriately at both the town and site level toprotect water quality. (www.nemo.uconn.edu)

Open Space Institute, Incorporated. The OpenSpace Institute is a nonprofit land conservation or-ganization protecting significant recreational, envi-ronmental, agricultural and historical landscapesthroughout New York State. Establishing areas ofemphasis throughout the State with particular focuson the Hudson River Valley, OSI has made substan-tial positive impacts on the landscapes of the HudsonHighlands, Shawangunks, Catskills, Helderbergs andAdirondacks. Contact: Open Space Institute, 1350Broadway, Room 201, New York, NY 10018-7799or call (212) 629-3981. (www.osiny.org)

Pace Land Use Law Center is a resource centerfor land use planning law. Preserving Natural Re-sources through Local Environmental Laws: AGuidebook for Local Governments lists sample or-dinances that have been implemented in New YorkState. It also hosts Community Leadership AllianceTraining, which provides training for local leaderson land use issues and conflict resolution. Land UseLaw Center, Pace University School of Law, 78North Broadway; White Plains, NY10603, (914)422-4262. (www.pace.edu/lawschool/landuse)

Quality Communities Clearinghouse Website. Tomake it easier for all communities to take advantageof State programs and assistance, the 25 State agencymembers of the Quality Communities InteragencyWorking Group collaborated with the Departmentof State to create a Quality Communities Clearing-house Website. The Clearinghouse provides instantaccess to grant information, technical assistance, suc-cess stories, data, news and other tools designed toassist local governments, community organizationsand citizens in their efforts to build Quality Com-munities. (www.dos.state.ny.us/QC)

Resource Conservation Development Program.This program is adminstered by The Natural Re-sources Conservation Service (NRCS). Under thisprogram, several Resource Conservation and Devel-opment Council offices have been establishedthroughout the state to provide technical assistanceto farmers. This assistance encourages farmers tocontinue to work their farms, thus allowing the com-munity to retain the open space benefits that the farm-land provides. (www.nrcs.usda.gov)

The River Network contains a resource library withinformation on watershed protection and restoration,links to major environmental organizations, stategovernment agencies, federal agencies and U.S. Con-gress River and Watershed organizations and theannual River Rally conference that offers workshopson river protection and restoration.(www.rivernetwork.org)

Scenic Hudson. Scenic Hudson’s mission is to en-sure that tomorrow’s Hudson River Valley - fromManhattan to the foothills of the Adirondacks - isenvironmentally and economically sustainable andthat its capacity to awe and inspire residents andvisitors is preserved forever. Contact: ScenicHudson, 9 Vassar Street, Poughkeepsie, NY 12601,(845) 473-4440. (www.scenichudson.org)

Trout Unlimited. Local chapters that may be ableto provide information about local biological re-sources. (www.tu.org)

Trust for Public Land. The Trust for Public Landis a national nonprofit working exclusively to pro-tect land for human enjoyment and well-being. Con-tact: The Trust for Public Land, 666 Broadway, 9thFloor, New York, NY 10012, (212) 677-7171.(www.tpl.org)

United States Environmental Protection Agency’sOffice of Wetlands, Oceans and Watersheds. Thiswebsite contain numerous links to programs de-


signed to help the public connect with and protecttheir local water resources. Here are a few examplesof the types of information contained within thewebsite: Index of Watershed Indicators(www.epa.gov/watershed/waacademy), Model Ordi-nances (www.epa.gov/owow/nps/ordinance), Surfyour watershed (www.epa.gov/owow/watershed),Protecting and Restoring America’s Watersheds(www.epa.gov/owow/protecting), and WatershedRestoration (www.epa.gov/owow/restore).

US Fish and Wildlife Service New York Ecologi-cal Services Office. The New York Field Office isresponsible for managing all of the Service’s eco-logical programs and activities in the state of NewYork, including endangered species, environmentalcontaminants, federal projects, permits and licenses,Partners for Wildlife, various outreach activities andenvironmental coordination. Partners for Wildlife isa technical assistance program. The office also over-sees the Long Island ES Field Office in Islip, LongIsland, NY. (www.northeast.fws.gov/ny/nyfo.htm)U.S. Fish & Wildlife ServiceEcological Services Office

3817 Luker RoadCortland, New York 13045-9349Telephone: (607) 753-9334FAX: (607) 753-9699

U.S. Fish & Wildlife Service - Long IslandEcological Services Office

P.O Box 608Islip, NY 11751-0608Phone: (631) 581-2941Fax: (631) 581-2972

United States Geological Survey’s numerous wa-ter-related programs can be found on the website.(www.water.usgs.gov)

The Upstate Groundwater ManagementProgram and the Long Island Groundwater Man-agement Program. The location and potential yieldof unconsolidated (sand and gravel) aquifers in NewYork State have been mapped by the United StatesGeological Survey (USGS) in cooperation withDEC. These maps have been published on a scaleof 1:250,000 (one inch equals four miles) and aresold by the USGS in five sheets covering upstateNew York. These maps, sometimes referred to asstrip maps, also contain a brief summary text andbibliography for the subject area. However, theirscale limits their utility for site-specific interpreta-tions. Maps on a larger scale may be necessary, de-pending on their purpose.

Large scale maps of the 18 primary aquifers inUpstate New York, and of selected principal uncon-solidated aquifers are also available in a series ofreports that can be viewed in DEC’s central officein Albany in the Water Division’s Geotechnical Ser-vices Section. These reports consist of a set of1:14,000 scale maps describing the hydrogeologyof specific aquifers including locations of wells andtest holes, surficial geology, geologic cross-sections,water table or piezometric altitude, saturated thick-ness of valley-fill aquifer, estimated well yields, landuse and other parameters. These reports may be usedby State and local government agencies to facilitatewater-management decisions and local open spaceplanning. Primary aquifers are those that are highlyproductive and presently used as a water supplysource by major municipal water supply systems.Principal aquifers differ in that they are known tobe productive but they are not currently intensivelyused as water supply sources for major municipalsystems.Wildlife Conservation Society. It has two pro-grams in New York:

Adirondack Communities and ConservationProgram takes an regional approach to under-standing the linkages between community de-velopment efforts, the surrounding natural en-vironment and other conservation issues withinthe Adirondack Park. A working paper de-scribes three case studies: Kretser, Heidi.Adirondack Communities and ConservationProgram: Linking Conservation and Commu-nities inside the Blue Line. WCS Working Pa-per No. 16, June 2001. Available for downloadfrom the website. Adirondack Communities andConservation Program; PO Box 26; PaulSmith’s, NY 12970 (518) 327-6989.(wwww.wcs.org/science)Metropolitan Conservation Alliance. A pro-gram of the Wildlife Conservation Society atthe Bronx Zoo that works with communities inmetropolitan New York City to identify impor-tant biological resources. It has produced sev-eral technical papers that identify land use toolsto protect nature 68 Purchase Street; Rye, NY10580, (914) 925-9164. (www.wcs.org/home/wild/northamerica/973/)

NYS Department of StateDivision of Local Government

One Commerce Plaza

Albany, New York 12231

NYS Department ofEnvironmental Conservation625 BroadwayAlbany, New York 12233

David A. PatersonGovernor

99 Washington Ave, 10th Floor, Suite 1015