| As our country’s population
continues to grow and new development encroaches into
such environmentally sensitive places as agricultural
areas and woodlands, it has become increasingly
important to preserve what open space we have left to
maintain our quality of land and life. One way to blend
conservation with development is simply called
conservation development (CD), or conservation easement.
Conservation development is a growing trend,
particularly in the Western U.S. in such states as
California, New Mexico, and Colorado. Conservation
development is a far-sighted approach to real estate
development in which efforts are made to protect the
existing natural resources within a proposed development
as well as minimize the impact of natural assets such as
woodlands, watersheds, view sheds, agricultural lands
and wildlife corridors.
Although still few in number, conservation
developments are growing more common as developers seek
ways to secure entitlement for environmentally sensitive
land that might otherwise not be developed. In many
instances, establishing a conservation development
easement was the difference between a developer gaining
entitlement for a project within an environmentally
sensitive area, and having to walk away. One such
project in California is the Santa Lucia Preserve in
Monterey.
Set on 20,000 acres of the former Rancho San Carlos
in Monterey County, the Santa Lucia Preserve was
envisioned as a small residential development of 350
homes on 11/2-to-2-acre lots. The development strategy
embraced three goals: 1) Long-term protection of the
property’s scenic and habitat values. 2) construction of
a residential community integrated into the preserve and
compatible with the natural ecosystem. 3) assured,
permanent financial support for the preservation of the
property’s natural resources.
The developers created the Santa Lucia Conservancy to
oversee preservation of the initial 10,000 acres of land
designated as permanent open space, with the size
eventually reaching 18,000 acres. The conservancy has
three principal duties: 1) To hold title to conservation
easements in order to maintain the ecological integrity
of the preserve, 2) to develop and manage public access
to the preserve, and 3) to engage in environmental
education and outreach in Monterey County.
Today, the Santa Lucia Preserve encompasses large
expanses of native habitat and wildlife mingled with
low-key developments, including estate homes, a golf
course, equestrian center, a sports complex, and lodging
and dining services. The residential element of the
preserve consists of 300 homelands sited to ensure the
environmental and esthetic integrity of the landscape,
providing privacy and the ability to see without being
seen.
As successfully demonstrated at the Santa Lucia
Preserve, the purpose of conservation development is to
utilize the concept of a non-profit stewardship entity
such as the Santa Lucia Conservancy to ensure a balance
between conservation and development objectives. This
concept allows for limited development while protecting
an area’s environmental features, providing open space,
and maintaining farmland and the agrarian character of
communities. Typically, development is clustered,
leaving 50 percent or more of the land as open space.
A conservation development is established by a
contract between a landowner and a community stewardship
entity or government entity that contains permanent
restrictions on the use or development of land, usually
through the establishment of a conservation easement.
The conservation easement is recorded in the real estate
records, and is binding upon future landowners. There
must be a public benefit associated with a conservation
development, and a landowner may reserve home sites for
present and future use.
"We really need to encourage land developers and
production builders to increasingly utilize conservation
development programs by taking every opportunity to
showcase the benefits, especially economic values,
obtaining approvals/entitlements, and developing
value-added communities with features such as open
space, trails, and wildlife,” notes Tom Keith, principal
and vice president, EDAW, Inc., the world’s largest land
planning and environmental analysis firm. EDAW is a
leading proponent of conservation development and last
year co-hosted a major CD symposium with the Urban Land
Institute in Colorado Springs, Colo.
Ed McMahon, a nationally renowned authority on
sustainable development, land conservation and urban
design who serves as the Urban Land Institute’s Charles
Fraser Senior Resident Fellow for Sustainable
Development, states that our nation must pay more
attention to conservation development because of the
accelerated consumption and fragmentation of open space.
"We are using more land than we should for our
population growth,” he says, and adds that open space
preservation has a higher rate of voter approval than
any other issue, including highway and school
construction.
McMahon points out that regulators and developers
must strive to create and implement a more strategic
approach to utilization of conservation development
principles, stating that conservation development offers
significant benefits to both the public and private
sectors, including: • Preservation of open
space • Reducing infrastructure costs
• Increasing property values
• Expediting the entitlement process
"Ongoing land management is extremely important to
successful conservation development,” explains Jeff
Milder, Ph.D., a professor at Cornell University’s
Department of Natural Resources. "Conservation
development integrates protection of natural resources
and open space with development needs of the
communities. Residents appreciate the natural beauty,
open space, trails, and plant and wildlife that
conservation developments preserve.”
Focusing on the future potential of conservation
development, Keith asks, "Can we move conservation
development to the mainstream? Clearly it’s happening,
but it’s not really there yet.” He points to states such
as Colorado, California and New Mexico as examples of
states that are leading the way. "There are
approximately 1.6 million acres that have been preserved
using an array of conservation development tools,” he
notes. "When it’s done properly, we can achieve real
contributions to land and resource conservation.”
Brooke Warrick, principal of San Francisco–based
American LIVES, Inc., says there is definitely a market
for communities that incorporate conservation
development. "Other conservation-sensitive communities
in which we have been involved are successful because
they tend to attract what we call cultural creative
residents, who are characterized by a focus on
environmental responsibility and community
participation,” he says.
Warrick states that buyers seem to invest in
sustainable communities for one of two reasons. Either
they believe it’s important to lead a more sustainable
lifestyle, or they believe they can save money.
According to national surveys by American LIVES, 85
percent of homebuyers questioned said they are willing
to pay $2.25 more per square foot for sustainable
housing, and 73 percent are willing to pay $4.50 more.
"It may vary by a percentage point or two, but not very
much,” Warrick points out. "These numbers are indicative
of other parts of the country; buyers want some measure
of sustainability.”
The long-term savings delivered by some Green
elements can be partially reflected in increased sales
price if clearly communicated to the buyer. Warrick says
that for Green development to be effective, both buyers
and builders need to be informed about the benefits of
using Green products and practices.
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