[at-l] Fw: [PATH] Fw: URGENT: public comment on DCR's development of the land preservation tax credits review criteria

[Carla & Dave Hicks]

FYI

Chainsaw

----- Original Message ----- 
From: SNIP
To: <path-list at path-at.org>
        SNIP
Sent: Wednesday, November 01, 2006 2:53 PM
Subject: [PATH] Fw: URGENT: public comment on DCR's development of the land 
preservation tax credits review criteria


----- Forwarded by SNIP on 11/01/2006 02:53 PM -----

"Laura Belleville" <lbelleville at appalachiantrail.org>
11/01/2006 10:01 AM


To
SNIP
cc
SNIP
Subject
URGENT: public comment on DCR's development of the land preservation tax
credits review criteria






All,

Below is information concerning proposed changes to Virginia’s land
preservation tax credits review criteria. A significant change to the
criteria that is being proposed for high value easements includes a
requirement for 100 foot buffers along streams. While at first blush this
may seem like a good thing to protect VA’s water quality, in fact it may
be a significant deterrent for land owners to protect their land in
Virginia’s Ridge and Valley region due to the steep topography of the
region. The Ridge and Valley “ecoregion” is the region through which much
of the A.T. traverses in southwest and central Virginia. Many of our
unprotected viewsheds are in agriculture and are vulnerable to less
desirable development.

Beth Obenshain with the New River Land Trust has pointed out several
critical issues concerning the proposed changes, including:

In Western Virginia with its steep topography and frequent streams, a
100-foot buffer would turn many of our pastures into little more than
narrow landing strips. In fact, it would eliminate entire pastures in some
of our more mountainous counties such as Floyd, Montgomery and Giles. Many
of our farmers are now participating in federal and state land
conservation programs and are being paid for buffers that range from 15
feet to 35 feet because that is the width that government conservation
officials have determined will both protect water quality and allow the
landowner to continue farming.
Invasives: A buffer area becomes a breeding ground for invasives,
including autumn olive and wild roses. The cost of removing these
invasives and maintaining a long-term eradication program is extremely
costly. A 100-foot buffer costs the farmer not only in lost pasture but
also in increased cost of fighting invasives.
Although the criteria may allow more narrow buffers, the landowner has no
guarantee such smaller buffers will be approved.

The draft criteria can be found at the VLCF website,
http://www.dcr.virginia.gov/vlcf/
The 30-day public comment period for these criteria runs to Nov. 10, 2006.
Please provide comments by 5 p.m. on Friday, Nov. 10, 2006, to
landcon at dcr.virginia.gov, or by postal mail to:
Virginia Department of Conservation and Recreation
Office of Land Conservation
203 Governor Street, Suite 302
Richmond, VA 23219
The criteria will be authorized by the Virginia Land Conservation
Foundation Board at their meeting on Nov. 21, 2006. For more information,
please call (804) 225-2048.

I plan to attend a public hearing on the issue tomorrow night here in
Blacksburg.  Please pass along the above information to club membership. I
encourage you to submit comments directly to DCR. Below are sample
comments.

For those of you who are inclined and able to attend – there are two
meetings for public comment on development of the land preservation tax
credits review criteria. Those meetings will be in Richmond on November 1,
2006, and in Blacksburg on November 2, 2006.

The meeting in Richmond will be at the Byrd Park Round House, 700 Blanton
Avenue, from 7 to 9 pm on the 1st. The meeting in Blacksburg will be at
the Blacksburg Community Center, 725 Patrick Henry Drive, from 7 to 9 pm
on the 2nd.

Thanks again for all that you do for the A.T.!

Laura Belleville
Regional Director
Southwest and Central Virginia Office
P.O. Box 174
Blacksburg, VA 24063
Direct line: (540) 953-3564
ATC Office: (540) 953-3571

The Appalachian Trail Conservancy is a volunteer-based nonprofit
organization dedicated to the conservation of the 2,175-mile Appalachian
National Scenic Trail, a 250,000-acre greenway extending from Maine to
Georgia. Our mission is to ensure that future generations will enjoy the
clean air and water, scenic vistas, wildlife and opportunities for
recreation and renewal along the entire Trail corridor. To become a
member, call 304.535.6331, ext. 119, or visit our Web site at
www.appalachiantrail.org. There, you will also find volunteer
opportunities and general hiking information.


The Appalachian Trail community works very closely with local land trusts
to promote and protect the scenic viewsheds of the Appalachian Trail.
 [Your club] applauds the state’s increased scrutiny of mega-dollar
conservation easements to prevent any abuse of the state’s effective
conservation tax-credit program.  Our organization, however, has concerns
about certain criteria included in the state’s proposed  “Land
Preservation Tax Credits Review Criteria.” These guidelines as written
would deter any active farmer in western Virginia who would want to donate
an easement on a very valuable, large farm that would qualify for review.
Many of the most significant viewsheds along the A.T. in western Virginia
are in agriculture. We are concerned that proposed criteria for the
conservation tax-credit program would limit protection of critical A.T.
viewsheds. Our concerns include:

Riparian Buffer widths of 100 feet
In Western Virginia with its steep topography and frequent streams, a
100-foot buffer would turn many of our pastures into little more than
narrow landing strips. In fact, it would eliminate entire pastures in some
of our more mountainous counties such as Floyd, Montgomery and Giles. Many
of our farmers are now participating in federal and state land
conservation programs and are being paid for buffers that range from 15
feet to 35 feet because that is the width that government conservation
officials have determined will both protect water quality and allow the
landowner to continue farming.
Invasives: A buffer area becomes a breeding ground for invasives,
including autumn olive and wild roses. The cost of removing these
invasives and maintaining a long-term eradication program is extremely
costly. A 100-foot buffer costs the farmer not only in lost pasture but
also in increased cost of fighting invasives.
Although the criteria may allow more narrow buffers, the landowner has no
guarantee such smaller buffers will be approved.
Recommendation: We would recommend that buffers approved by any federal or
state conservation program satisfy the new state standard. The state
criteria need to make special provisions for first- and second-order
streams in the ridge-and-valley physiographic area of Virginia so
landowners could have both a productive farm and an easement. A 35-foot
buffer would be more appropriate for stream protection in this region of
the state, especially in headwaters areas.

Restrictions on modifications of the exterior of listed historic
structures:

·        Putting façade restrictions on barns, chicken coops, houses and
other buildings that are in an historic district but NOT on an historic
register could deter landowners from mentioning their historic properties
and providing demolition protection in a conservation easement. The state
criteria need to be realistic about the cost of this requirement. A farmer
may want to stabilize an old barn to keep it from falling down but may not
have the cash resources to go through a review process and then finance
the specialized treatment that could be dictated. The cost of stabilizing
or restoring a barn can be significant – and this provision would be a
deterrent to a landowner.

Recommendation: Stay with the current Virginia Outdoors Foundation
easement guidelines on this provision.


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