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General Assembly's action could help or hurt rural preservation

March 3, 2006 12:50 am

WARRENTON--Virginians who love the commonwealth's rural landscapes or respect the importance of our productive farms should be happy to learn that our state is one of the top five in the entire nation when it comes to protecting privately held rural land. In Virginia, over 300,000 acres have been voluntarily protected by the men and women who own them, an area of preserved land that is more than 11/2 times the size of Shenandoah National Park. Only a handful of other states can boast so many acres.

The benefits of conservation go far beyond beauty, providing clean drinking water, lower taxes, purer air, viable local farms, and a prosperous tourism industry. In Virginia, all private conservation projects must help to fulfill goals that citizens express through their local comprehensive plan.

Just in the northern Piedmont of Virginia, from Loudoun County to Albemarle County, private conservation has protected over 127,000 acres of forest land, 110,000 acres of farmland, 960 miles of stream banks, several important Civil War battlefields, habitat for rare and endangered species, and other resources that might otherwise be lost forever.

How does Virginia do it? The state actually spends little money buying land outright for conservation or purchasing owners' development rights.

In Virginia, land conservation succeeds because of an excellent incentive for landowners who want to preserve their own property--the Virginia Land Preservation Tax Credit. This program allows landowners who donate a conservation easement--giving up development rights and protecting their land forever--to claim a significant state income tax credit. Any unused credits can be transferred or sold, making this incentive valuable for landowners who, like many farmers, may be rich in land but poor in cash.

All Virginians owe a debt of gratitude to Del. William J. Howell, R-Stafford, the speaker of the House of Delegates, for his sponsorship of the law which authorized the transfer of the tax credits. Since the passage of his legislation in 2002, the rate of easement donation has jumped dramatically. In 2004 alone, over 45,000 acres were protected by this program!

But this powerful tool could be hobbled by the General Assembly this year unless citizens who value Virginia's open space stand up to defend it.

Legislation originating in the Virginia Senate would cap the individual credit at a level that would deter many Virginians from protecting their land. The Senate has also discussed the imposition of an overall, statewide cap on the number of dollars available for the tax credit. If an overall cap were imposed, the credit would have to be allocated among many easement donors, which could unfairly benefit sophisticated real estate investors over the average landowner.

Del. Lee Ware (R-Powhatan) has introduced sensible legislation that seeks to improve the program by ensuring the highest conservation standards and limiting the program's fiscal impact. These proposals will strengthen a program that Virginia needs now more than ever in a time of spiraling growth and sprawl. All Virginians benefit when farms, natural areas, historic sites, watersheds, and forests are protected. They should speak out in favor of Del. Ware's proposals.

CHRISTOPHER G. MILLER is president of the Piedmont Environmental Council.