Chapter 61
Land classified as Chapter 61, 61A or 61B brings the benefit of reduced real estate taxes to landowners while maintaining forests, farmland, and recreational open space. If lands under Chapter 61 are to be converted to residential or commercial uses, municipalities have a limited “right of first refusal” during which they can purchase the land or transfer the right to a third party, like a land conservation trust.
Chapter 61 Land Protection Guide
Mount Grace Land Conservation Trust
Community Preservation Act
The Community Preservation Act (CPA) is statewide enabling legislation to allow cities and towns to exercise control over local planning decisions. If adopted by a city or town, the CPA provides new funding sources which can be used to address three core community concerns: 1) acquisition and preservation of open space, 2) creation and support of affordable housing, and 3) acquisition and preservation of historic buildings and landscapes. A minimum of 10% of the annual revenues of the fund must be used for each of the three core community concerns. The remaining 70% can be allocated for any combination of the allowed uses, or for land for recreational use. This gives each community the opportunity to determine its priorities, plan for its future, and have the funds to make those plans happen.
The Community Preservation Coalition,
supporting efforts to implement the CPA
Massachusetts Land Trust Coalition
An informal association of land trust and conservation organizations, the Coalition’s website provides information on local land protection resource centers, lists of appraisers and conservation law attorneys, as well as updates on land conservation conferences, legislation, and trainings.
http://www.massland.org/
Smart Growth Toolkit
This Toolkit provides easy access to information on twelve different planning, zoning and subdivision techniques, such as Open Space Residential Design and Low Impact Development, which can control development and make “smart growth” a reality in your community. The materials are designed to increase understanding of smart growth tools and how to customize the techniques to local circumstances.
Massachusetts Executive Office of Environmental Affairs
The Boston Metropolitan Area Planning Council’s great fact sheets on Low Impact Development Techniques
Agricultural Commissions
The Agricultural Commission (AgComs) represents the farming community, encourages the pursuit of agriculture, promotes agriculture-based economic opportunities and works to protect and sustain agricultural businesses and farmland. AgComs are a standing committee of town government, created through a vote at Town Meeting appointed by the Board of Selectmen or governing body of the town.
Setting up an Agricultural Commission in your town
Massachusetts Department of Agricultural Resources
LandBase
LandBase helps sellers, buyers, and brokers of special properties rich in natural resources use the marketplace to protect the land. LandBase explains conservation real estate and puts you in touch with the non-profit land trusts which can help you incorporate conservation into a purchase or sale.
http://www.landbase.org/
TownBoard.org
This site provides each of the Commonwealth’s 351 cities and towns with up-to-date information on relevant training and educational opportunities in the state and region - particularly on land-use issues.
http://www.townboard.org/
Public land protection funds
Call the Partnership for more information
and assistance with these programs
North Quabbin Regional Landscape Partnership
Small Grant Program
This grant program was established in 2006 to drive significant land protection by providing initial funding for land protection fees, including title searches, appraisals, baseline reports, closing costs, municipal circuit grant writers, land protection estate planning, registry fees, and surveys.
Click here for more information
Self-Help Grant Program
The Self-Help program was established in 1961 to assist municipal conservation commissions acquiring land for natural resource and passive outdoor recreation purposes. Lands acquired may include wildlife habitat, trails, unique natural, historic or cultural resources, water resources, forest, and farm land. Compatible passive outdoor recreational uses such as hiking, fishing, hunting, cross-country skiing, bird observation and the like are encouraged. Access by the general public is required. This state program pays up to $500,000 for the acquisition of land, or a partial interest (such as a conservation restriction), and associated acquisition costs such as appraisal reports and closing costs.
Massachusetts Executive Office of Environmental Affairs
Division of Conservation Services
Smart Growth Technical Assistance Grants
Provides grants of up to $30,000 per community to implement smart growth consistent zoning and undertake other activities that will improve sustainable development practices locally. Examples of Eligible Activities are completion of Open Space Residential Design bylaws, zoning changes that implement Community Development or Master Plan recommendations; and development of a Right-to-Farm bylaw/ordinance or zoning protections for agricultural preservation.
Executive Office of Environmental Affairs
Drinking Water Supply Protection Grant Program
This program provides up to $500,000 in funds to public water systems and municipalities for land acquisitions that protect public drinking water supplies and drinking water quality. Eligible land acquisitions include land located in existing or future drinking water supply areas.
Contact the Partnership for more details: 978-248-2118
Commonwealth Capital
Massachusetts municipalities must complete a Commonwealth Capital form before they can reap the benefit of state programs that fund land and water protection.
Click here for more information
