Bill gives landowners open space incentive
For landowners who are dedicated to preserving open space, the regulations spelled out in Chapter 61 of the Massachusetts General Laws had become a quagmire. These laws were drafted in the 1970s to help farmers, foresters, and towns preserve their land as open space in the face of escalating property values, but the regulations were inconsistent and unnecessarily complicated. However, these regulations have recently changed for the better.
In early 2006, Senator Pam Resor formed a working group, which included farmers, assessors, state departments, and environmental groups to address the inconsistencies in the Ch. 61, 61A, and 61B regulations. As a result, Senate Bill 2683 was drafted. In December, then-Governor Mitt Romney signed the bill into law, and the changes go into effect this month.
“Collaborating with this large and diverse group was the key to moving forward,” Resor said. “This legislation will help landowners protect their property from developers and gives towns more opportunity to expand open space holdings.”
“The Chapter 61 changes that took effect this week will go a long way toward encouraging more owners of farms and forests to resist mounting pressure to develop their land, and continue to support local rural economies. Through Senator Resor’s leadership and the hard work of a broad-based group of stakeholders, we all stand to benefit from increased conservation of the state’s precious natural resources and historic landscapes,” Environmental Affairs Secretary Ian Bowles said.
Nathan L’Etoile of the Massachusetts Farm Bureau was involved in the group that worked on this legislation. “We are proud of the persistence and leadership shown by Senator Resor, her colleagues, and her staff in forging a consensus on this bill, and in carrying this landmark piece of legislation forward,” said L’Etoile. “It proves that the farmers, foresters, landowners, land trusts, environmental groups, towns, state agencies, and others can all work together to achieve our common goals.”
These changes will make it easier for landowners to preserve their holdings by enrolling their land under one of the three preservation classifications of forestry, agriculture, or recreational lands. This law will also give towns more flexibility in acquiring open space by lengthening the period during which the right of first refusal would be triggered. This will help towns acquire open space and therefore balance land preservation and suburban sprawl.
“This bill is a huge step forward in retaining the more than 500,000 acres of farmland and over 850,000 acres of active forestry land in the hands of the working farmers and foresters of Massachusetts,” said L’Etoile.
According to Wes Ward, vice president of land conservation for the Trustees of Reservations, “The three Chapter 61 programs are helping thousands of farmers and woodland owners keep their land open and productive. These reforms will make it easier for landowners to work with these programs.”
The working group responsible for this legislation consisted of members from the Mass. Assessors Association, Mass. Farm Bureau, Trustees of Reservations, Mass. Audubon, Mass. Forestry Association, Trust for Public Lands, Executive Office of Environmental Affairs, Mass. chapter of Nature Conservancy, Environment League of Massachusetts, Mass. Division of Fisheries and Wildlife, First Pioneer Farm Credit, Mass. Department of Conservation and Recreation, Mass. Department of Agricultural Resources, Mass. Municipal Association, Appalachian Mountain Club, Mass. Department of Revenue, landowners, farmers, and foresters.
—Provided by Senator Pam Resor’s office
