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Listed by State, Alphabetically
Connecticut
July 7, 2005 - S.B. 410, "An Act Concerning Farmland Preservation, Open Space, Historic Preservation and Affordable Housing," was passed by the Connecticut legislature and signed into law by Governor Jodi Rell. The Act establishes a $30 fee for recording land records. The municipality keeps $4 of the fee and sends $26 to the state to be placed in the newly established Land Protection, Affordable Housing and Historic Preservation Account. The fee is expected to generate some $25 million per year, to be divided into equal parts among the four goals of the act.
Massachusetts enacted the Community Preservation Act in 2000, Through 2008 CPA has raised $303 million in matching state funds and resulted in the development of more than 871 units of affordable housing, the preservation of at least 7,349 acres of open space, the restoration and preservation of more than 300 historic resources and sites, and the creation of more than 154 new recreational facilities. CPA allows communities to create a local Community Preservation Fund to raise money through a surcharge of up to 3% of the real estate tax levy on real property for open space protection, historic preservation and the provision of affordable housing. The act also creates a significant state matching fund, which serves as an incentive to communities to pass the CPA. A minimum of 10% of the annual revenues of the fund must be used for each of the three core community concerns (land conservation; historic preservation, affordable housing), and up to 5% may be used for administrative expenses of the Community Preservation Committee. The remaining funds 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.
Rhode Island legislated the Rhode Island Housing & Conservation Trust Fund Act in 1990, based word-for-word on the Vermont statue, following visits by Vermonters. To date, the state has not implemented or funded their program although in 2005 the legislature established a special commission to evaluate how it could be implemented and a report was issued in 2006.
Hawaii - The Legacy Lands Act (HB 1308) was signed into law by Governor Linda Lingle in 2005, establishing a state funding source from property transfer tax revenue. For properties sold under $600,000, there is no tax increase, except for second-home buyers. For properties sold for $600,000 to $1 million, the rate is 0.2 percent. For properties over $1 million, the tax is increased to 0.3 percent. 35% of proceeds fund investments in natural areas and for protection of wild coastline, fund Hawaii's Natural Area Reserves System and nearly triples funds for building affordable rental housing. The Act adopted in Hawaii is modeled almost word-for-word on the Vermont Housing & Conservation Trust Fund Act, although rather than establishing a new agency to administer the funds, Hawaii distributes the funds to existing agencies.
Connecticut established a program July 7, 2005 - S.B. 410, "An Act Concerning Farmland Preservation, Open Space, Historic Preservation and Affordable Housing," was passed by the Connecticut legislature and signed into law by Governor Jodi Rell. The Act establishes a $30 fee for recording land records. The municipality keeps $4 of the fee and sends $26 to the state to be placed in the Land Protection, Affordable Housing and Historic Preservation Account. The fee is expected to generate some $25 million per year, to be divided into equal parts among four state agencies: the Department of Agriculture, the Commission on Culture and Tourism, the Department of Environmental Protection and the Connecticut Housing Finance Authority. From there, the agencies often subcontract with smaller groups to distribute competitive grants.
Hawaii
The Legacy Lands Act (HB 1308) is a major milestone for Hawai`i. Signed into law by Governor Linda Lingle, it establishes a statewide fund for protecting wild coastline, doubles the amount of funding for Hawaii's Natural Area Reserves System and nearly triples funds for building affordable rental housing. The bill is expected to generate $38 million in its first year, including $10 million for rental housing. The Act adopted in Hawaii is modeled on the Vermont Housing & Conservation Trust Fund Act.
Massachusetts
Community Preservation Act Raises $212 Million for Affordable Housing, Land Conservation and Historic Preservatoin
Across Massachusetts, municipalities are struggling to balance beneficial economic growth with the preservation of the unique character of the community. Open land is being developed, historic buildings are deteriorating, and housing prices are escalating beyond the reach of long-time residents. For several years, Martha's Vineyard and Nantucket have managed local preservation funds supported by a real estate transfer tax. A few years ago residents of Cape Cod (Barnstable County) chose to support a fund created with the property tax surcharge.
In July 2000, the Massachusetts Legislature passed The Community Preservation Act. After languishing for some time due to a lack of funding, since it was signed into law two years ago, the Act has raised $212 million (through 2006) for the multiple goals of housing, land conservation and historic preservation. The Community Preservation Act gives communities the option to vote to create a local community preservation fund, charging a three percent (3%) surcharge on the value of real estate (property tax). Funds are distributed by a local committee in accordance with a Community Preservation Plan written by the committee with full public input. A minimum of 10% of the fund's revenues must be used to support each of the following uses: acquisition of open space; preservation of historically significant structures and landscapes; and provision of affordable housing opportunities.
Communities that choose to establish a local preservation fund are eligible for matching funds from the State. Revenue for the Massachusetts Community Preservation Trust Fund is raised through a $20 surcharge on recording deeds and filing complaints in the Land Court. Communities receive state matching funds equal to the amount raised by the local property tax surcharge. Municipalities could also issue general obligation bonds to fund preservation projects to be paid off by anticipated local revenue. All projects funded under the Act are covered by permanent deed restrictions held by the town or a nonprofit corporation selected by the town.
Additional information can be obtained by contacting the Executive Office of Environmental Affairs, 251 Causeway Street, 9th Floor, Boston, MA 02114-2150, 617-626-1000 or on their website, www.state.ma.us/envir
Minnesota
The Minnesota Land Trust and the Northern Communities Land Trust in Duluth received a grant to develop four model conservation planning and design. At the same time, the organizations received 80 acres from a donor who wanted to see a combination of affordable housing and conservation on the site. MLT and NCLT have joined forces and are going to use the site as one of MLT's model conservation projects. The project will result in several potential site plans and a feasibility study for NCLT that will assist them in determining what course they should take with the property. An advisory team has been assembled, with a planner, forester/ecologist, builder, and architect, along with NCLT and MLT staff. For more information, contact Kris Larson at the Minnesota Land Trust.
Mississippi
The Federation of Southern Cooperatives
Land Assistance Fund
In its thirty-five year history, the Federation has successfully provided self-help economic opportunities and hope for many low-income communities across the South. It is the only organization in the Southeast United States that has as its primary objectives the retention of black owned land and the use of cooperatives for land-based economic development. Cooperatives are businesses that are locally controlled and build wealth through the participation of people. Coops are an ideal means of helping poor people to advance their own interests and provide for their own destinies.
This organization, based in Mississippi and also working in Alabama, strives toward the development of self-supporting communities with programs that increase income and enhance other opportunities. Their mission is to assist in land retention and development, especially for African Americans, but essentially for all family farmers.
This is accomplished with an active and democratic involvement in poor areas across the South, through education and outreach strategies which support low-income people in molding their communities to become more humane and livable.
We assist in the development of cooperatives and credit unions as a collective strategy to create economic self-sufficiency. Our extended membership includes 12,000 Black farm families, who individually own small acreage, but collectively own over half a million acres of land and work through 35 agricultural cooperatives to purchase supplies, provide technical assistance, and market their crops. It also includes 10,000 small savers in 19 community development credit unions that have accumulated over $5 million in savings and made over $52 million in loans since their inception.
We also work with handicraft producers, fishermen, consumers, people who need housing and other rural residents interested in developing self-help cooperatives as a solution to their problems. We assist groups beyond our membership through various coalitions and partnerships designed to advance rural development needs, issues and concerns.
http://www.federationsoutherncoop.com/
New Hampshire
State Land and Community Heritage Investment Program
In July 2000, SB 401, the Land and Community Heritage Investment Program was Signed by Governor Jeanne Shaheen at the Citizens' booth at Festival New Hampshire in Hopkinton on Thursday, June 8, 2000, SB 401 is designed to help local communities protect local, special places and to conserve and preserve New Hampshire's most important natural, cultural, and historical resources. LCHIP will provide matching grants to municipalities, non-profit organizations, and state agencies for the conservation, preservation, and restoration of these critical resources.
Rhode Island
In 1990, the Coalition for Rhode Island Housing and Open Space successfully backed legislation creating the Rhode Island Housing & Conservation Trust Fund. A bond issue to fund the initiative was defeated in 1992, and no funding has been committed.
Washington
Orcas Island
Lisa Byers from OPAL (Of People and Land) Community Land Trust reports that there's an exciting affordable housing/land conservation project developing on Orcas Island. Working with Dennis Shaffer (formerly of Vermont's Green Mountain Club--and currently with the Vermont Land Trust), San Juan County Land Bank and the Orcas School District, OPAL may develop affordable housing on the 113-acre Buck parcel in Eastsound. If you travel west, call Lisa for a tour of OPAL's projects and some tips on kayaking around the islands.
Wisconsin

Troy Gardens, Madison
Two local land trusts, the Urban Open Space Foundation and the Madison Area Community Land Trust, are working together to preserve a 31-acre site on Madison's north side. The site, known as Troy Gardens, is currently home to 4 acres of community gardens, which have been in existence for about 15 years, and neighborhood residents use the remainder of the site as a large park. The land trusts have a 50-year lease on the site currently, but are pursuing its acquisition from the state of Wisconsin. Plans for the site include expanding the community gardens to about 8 acres, starting a 5-acre urban community-supported agriculture farm, building a 24-30 unit affordable cohousing project on 5 acres, and preserving the remainder of the site for open space (e.g., restored prairie, existing wooded areas, dog-walking trails). The Northside community (17 different neighborhoods) has been very much involved in the acquisition and conservation/development plans for Troy Gardens. This area of Madison is economically, racially, and ethnically diverse, and has a substantial percentage of low and moderate-income households. The urban agriculture part of the project is targeted at increasing food security among Northside households. In addition to the two land trusts and Northside residents, partners in the project include a local anti-poverty umbrella organization which oversees the community gardens, a local architectural design collaborative, and several different departments from the University of Wisconsin-Madison. In May 2000, the project received a seed grant from the Oscar and Elsa Mayer Family Foundation, a local charitable foundation, to begin the urban agriculture projects.
Contacts: Sol Levin, Executive Director, Madison Area Community Land Trust, 200 N. Blount St.. Madison, WI 53703, Phone: (608) 280-0131, e-mail: maclt@chorus.net
Heather Mann, Executive Director, Urban Open Space Foundation, 200 N. Blount Street, Madison, WI 53703, Phone 608-255-9877, e-mail: saveland@uosf.org Urban Open Space Foundation
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