Open Space Policy

1. Open Space Policy Madison D. Busker Indiana University at Oxford July 28, 2011

2. Outline • What is this topic of open space and why is it important? • What is the value of open space? • Why do we need policies to provide and protect it? • What approaches are used? • Trends in the United States, Canada, and the United Kingdom • What are the underlying policy tools in the approaches?

3. What is Open Space? • Untouched land • Forest • Farmland • City parks • Desert • Your backyard?

4. Definitions of Open Space • “Open Space may be defined as an area of land or water that remains in its natural state or is use for agriculture, free from intensive development” – New York State DEQ • “Land for which a choice is still possible how it ought to be made to serve man’s purposes” – Robert Howe, Professor University of Toronto Law School • “Open space is taken to mean all open space of public value, including not just land, but also inland bodies of water such as rivers, canals, lakes…etc” – United Kingdom Planning Policy Statement • “Open Space can generally be referred to as undeveloped land either in its original state or without intense development” – Madison D. Busker

5. What Open Space Provides • Ecosystem services • Recreation areas • Protect water ways from pollution • Reduce urban heat islands • Preservation of rural character • Historical significance • Agriculture

6. Open Space Policy? • What is the fundamental market failure? • Open space is essentially a public good • Non-excludable – Most services • Non-Rival • Without some sort government intervention or policy, open space would be underprovided by the market

7. What is Open Space Policy Interesting? • Land is a valuable commodity • Land is a tangible resource • Land conversion is easy to see • Our approach to open space protection is closely tied to culture and historical context • Idea of property rights affects how the policies we use • There are MANY approaches to open space policy

8. Approaches • Government Provision • Government purchase of land to provide as a public good • Occurs Federal, State/Provincial, or Local levels of government • Most control over land use • Zoning • The “homecoming queen” of open space policies • Three categories of zoning: Euclidean, Performance, Incentive

9. Approaches • Euclidean Zoning • “Your Grandmother’s Open Space Policy” • Born in the 1920’s with the Supreme Court Euclid vs. Ambler that said zoning was legal under the commerce clause in the US constitution • Government designates geographical areas and their allowed land uses www..thelawrencegroup.com

10. Approaches • Performance Zoning • “Parental Curfew Method” • Government sets standards for land use, but does not prescribe specific uses and functions • Examples: Surface to building ratio, Noise, vibration • Incentive Zoning • “Extra Credit Method” • Government has standards for land use that can be changed if the developer provides public goods

11. Approaches • Tax Incentives for Conservation Easements • “ ‘Trust’ but ‘Verify’ method” • A landowner donates land or development rights to a land trust • The donation is verified by the government, and land owner receives a tax benefit • Transfer of Development Rights (TDR) • “Bait and Switch method” • Developers can receive benefits or increased development rights in an urban area by purchasing development rights from a designated ‘sending’ area

12. Approaches • Greenbelt Policies • “Jolly Green Doughnut method” • An area of open land is designated around an urban area that cannot be developed. • This approach uses many methods to acquire land or restrict its development • Intergovernmental Planning Mandates • “Group Project method” • A higher level of government mandates a lower level of government to make a land use plan • The mandate could also require local government cooperation

13. Differences between the USA, Canada, and UK • Government Control • United States & Canada do not have a national land use policy • Land Use decisions are made at the State/Provincial or local level • The UK retains all development rights, release Policy Planning Goals (PPGs) that are not laws but are followed as such • Under eminent domain in the United States, land owners must be compensated for a taking • Canada & UK does not have to compensate for takings

14. Differences between the USA, Canada, and UK • Property Rights as a Bundle • The USA the property owner contains almost all rights. The government must pay the owner for if the land is taken through eminent domain • Canada can “zone” away development rights and often use this power to create greenbelts and preserve agriculture • The United Kingdom has much stricter system of leveled property rights. The right to own a dwelling on land is separate from the right of access to land.

15. GAME TIME!!! • NAME THAT POLICY TOOL! • Rules: • I will name and describe the approach • You will tell me what policy tool is being utilized • Any questions? • If no one answers, Socratic method will be utilized as my policy tool

16. National Parks

17. Upzoning • Definition: • An approach where the government increased per-capita density or decreased lot size requirements • What policy tools are used? • Command and Control • Performance standards

18. Seattle, WA: Open Space and Landmark Preservation • Program Description • “[the program] allows additional floor area to be accommodated on a site in exchange for public benefit. In addition to floor area bonuses for providing workforce housing, other incentives include provisions that allow a developer to provide open space or preserve landmark structures. • What policy tools? • Incentive Zoning – CaC with market based incentives

19. Canada Ecological Gifts Program • Program Description • “Canada’s Ecological Gifts Program provides a way for Canadians with ecologically sensitive land to protect nature and leave a legacy for future generations. Made possible by the terms of the Income Tax Act , it offers significant tax benefits to landowners who donate land or a partial interest in land to a qualified recipient” • Policy Tool? • Subsidy – Right! • Tax – Wrong!

20. Urban Service Boundary • Definition: • A government sets up a boundary outside of which city services, such as drinking water and sewer access, are not provided. • Policy Tool? • Market based instrument in form of an implicit fee/charge

21. Take Away Points • Open Space is a public good, therefore it is a market failure that requires government intervention • Open space policies depend on culture, history, and property rights • There are many ways protect and provide open space • Best policies are not always apparent

22. Questions?