III. Open Space Preservation Program. The ECO2 Open Space Preservation Program recognizes that open space enhances quality of life; contributes to a sense of place, history, and community; and supports the health and economic well being of all Douglas County residents, both urban and rural.
ECO2 recognizes that outside of the incorporated communities, Douglas County is primarily a rural and agricultural county. Except for the comparatively small areas of non-farm residential uses, most of Douglas County is "open space" in the form of farmland and undeveloped land.
The ECO2 Open Space Preservation Program, would like to offer landowners the opportunity to maintain their important lands in the rural and agricultural land use. The program will identify eligible lands and provide funds to the landowner to preserve special types of land that are most valuable and beneficial when left in their undeveloped state. The eligible lands will be referred to as, “Open Lands”. Examples of Open Lands include native prairie and woodlands, wetlands, riparian areas adjacent to streams and creeks, and other areas especially valuable as wildlife habitat. Some special areas and soils may be converted because they are in the direct path of growth, and may be more valuable left in their present agricultural use or other open space use than if altered through development. It is for the preservation of these special lands within the open space of Douglas County that the ECO2 program, referred to as the “Open Space Preservation Program,” has been created.
The location of Douglas County in the northeast corner of the state means that several geological and climatic conditions have contributed to its interesting physical features. Glaciation has contributed to an abundance of rich soils. Differential erosion for thousands of years has created a varied terrain of hills and valleys and deposits of rich soils. Along the Kansas River and the Wakarusa River, the soil is very rich. These soils are classified by USDA as "prime" and are important.
The eastern edge of Kansas is part of the transition zone between the eastern forest and the tallgrass prairie, giving Douglas County a mixture of both. This region enjoys more rainfall than counties farther west, resulting in more perennial rivers and streams and a reliable water supply for a growing population. Trees, shrubs and understory vegetation can act as a natural filter, cleaning water of pollutants, preventing erosion, protecting habitat for fish and other aquatic organisms, and providing a high quality habitat for wildlife. The shelter and food that these and other natural communities provide enable birds and other wildlife to thrive here. Two federally protected plants species occur in the small patches of native prairie in the county. Tallgrass prairies in eastern Kansas support the world's largest populations of Mead's milkweed (Asclepias meadii) and significant numbers of western prairie fringed orchid (Platanthera praeclara). Our community can take pride in its efforts to protect these species and, through an Open Space Preservation Program, offer landowners compensation for keeping their prairies in a natural state.
The potential for recreation, population growth, and healthy economic activity is high. The residents of this county face the difficult dilemma of maintaining a vigorous economy, welcoming a rapidly growing population, and at the same time protecting the beauty of prairies, forests, wildlife habitat, and agriculture that are the defining features of our place.
Agriculture has been the dominant activity in Douglas County since the first settlers began arriving over 150 years ago. Many of those early farms continue to produce today. Many businesses in our communities serve agricultural activities and would fail if the rural areas are converted to suburbia or if farms are severely fragmented by highways. Our county is also ideally suited for sustainable agriculture. An Open Space Preservation Program that offers agricultural producers the option of selling a conservation easement will allow agricultural producers to continue farming or sell their farms to beginning agricultural producers for a reasonable price, a choice that they have not had before. The entire community benefits by retaining our strong agricultural heritage of family farms and ranches.
The Open Space Preservation Program also works to preserve the county's history by preserving the sites of Quantril's Raid and other Civil War battles, country schools, the Santa Fe Trail, the camp sites of native peoples, and limestone rock fences to name only a few. By providing an incentive to set these areas aside for ourselves and for tourists, this program can honor those who have inhabited this place long before we came.
Recreation through hiking and biking will be enjoyed in designated open space that is purchased through this program. Public access to certain natural areas is also an important element of a high quality of life.
Several economic benefits result from land conservation through community programs such as the one proposed here. The American Farmland Trust has completed hundreds of "Cost of Community Services Studies" (CCSS). They report that farmland actually contributes more revenue to the community in taxes than it costs in services. Land conservation also boosts tourism and attracts new businesses. Protecting low-lying areas can control flood damage and decrease the cost of storm drainage facilities. In short, preserving open spaces pays off for communities economically and environmentally.
When we preserve open space we not only bring benefits to our current residents but also ensure that future generations will experience a place that retains many of the features we value. Our most distinctive natural, historical, and agricultural areas can remain for our grandchildren and their children to know as we have known them. We can avoid the disappearance of our best agricultural and natural landscapes by offering an alternative to development for those lands.
A. Definitions.
1. Open Space. Open space is that part of Douglas County, which has not been developed.
2. Open Lands. Land that is open space and is eligible for the Open Space Preservation Program.
B. Voluntary Participation. Landowner participation will be voluntary only. No land will be secured without the willing consent of the landowner. Landowners willing to participate will have the option of selling or donating either a conservation easement on or fee ownership to their land for the Open Space Preservation Program.
C. Categories of Open Lands. Lands that are eligible for inclusion in the Open Space Preservation Program are:
o native prairie;
o mature forest;
o wetlands;
o riparian lands (adjacent to streams, rivers, and lakes); and
o habitat for protected species
· Agricultural Land
· Scenic Lands
· Historic Sites
· Lands Promoting Integration
1. Trails. Lands suited for recreational hiking and biking trails that are:
(a) along naturally occurring river and forested corridors, especially those that interconnect Lawrence, Lecompton, Eudora, and Baldwin City;
(b) contiguous to existing or planned trails;
(c) connect Clinton Reservoir, Douglas County State Lake, Lone Star Lake, the Wakarusa River and the Kansas River; or
(d) otherwise desirable for passive recreational use.
2. Natural Resources. Land that has remained substantially unchanged since 1800, including:
(a) Native prairie. These lands are remnants of the native landscape that occupied about 93% of Douglas County prior to settlement. Native prairies are remnants that have not been plowed, although today most are used as hay meadows. They are both historically significant and biologically diverse, usually containing over 200 species of native plants. Because few prairies of any size remain in Douglas County, parcels of at least 5 acres in size may be considered for inclusion in the Open Space Preservation Program. Sites with documented populations of Mead’s milkweed or western prairie fringed orchid will be given special consideration
(b) Mature forest. These lands are part of the 6% of Douglas County that was forested before settlement. Remaining areas are both historically significant and biologically diverse with a rich understory of woodland plants and wildflowers. Because they must be of sufficient size to attract animal species, parcels of at least 10 acres in size may be considered in the Open Space Preservation Program.
(c) Wetlands. Theses lands are biologically diverse sites that experience frequent or permanent inundation. Wetlands are defined by the presence of special soils and usually occur in floodplains or other low features in the landscape. Drained and cultivated for their rich soils, today these sites are among the rarest natural resources in eastern Kansas. Because even very small areas can provide important habitat for a variety of waterfowl and shorebirds, parcels of at least one acre in size may be considered for inclusion in the Open Space Preservation Program.
(d) Riparian Lands (adjacent to streams, rivers, and lakes). These are often called riparian areas and are linear features or corridors of at least 100 feet wide. They may comprise a forested or grassland band adjacent to the stream or water body. Because even very small areas can provide important habitat for a variety of wildlife, parcels of at least one acre in size may be considered for inclusion in the Open Space Preservation Program.
(e) Habitat for Protected Species. These lands are habitat for any listed species on a state or federal protection list, or lands where such species are likely to occur. Because even very small areas may play an important role in the success of the species in question, parcels of any size may be considered for inclusion in the Open Space Preservation Program.
3. Agricultural Land. These lands are an important part of our cultural history and play a significant economic role in our County. Areas to be included in the open space preservation program should be prime agricultural lands (as defined by USDA) or lands located in the floodplain. Parcels of at least 10 acres in size may be considered for inclusion in the Open Space Preservation Program.
4. Scenic Lands. These lands provide excellent views of the landscape or vistas. They may be new growth forests or provide other significant views of the county. Parcels of at least 10 acres in size may be considered for inclusion in the Open Space Preservation Program.
5. Historic Sites. Historic sites may be those sites listed on the local, state, or national registers of historic places or unlisted sites with significant historical attributes, such as Oregon Trail ruts. Because even small sites may offer important historical features, parcels of at least one acre in size may be considered for inclusion in the open Space Preservation Program.
6. Lands Promoting Integration. These lands are important because they serve as enhancements of or linkages between significant parcels of land. They may help connect trails, provide additional green space adjacent to other protected private or public property. Examples of protected private or public lands to be integrated include, trails, schools, residential areas, business parks, or areas of open space. These lands may also be appropriate for restoration of native habitat. Because sites may play important roles in integrating other parcels with one another, parcels of any size may be considered for inclusion in the Open Space Preservation Program.
D. Open Space Preservation Program Goals
Goal 1. Work cooperatively with the following local governments: Baldwin City, Eudora, Lecompton, Lawrence, and Douglas County to ensure conservation in conjunction with their respective growth and landuse plans.
Objective 1.1. Establish conservation partnerships with public entities to preserve open space.
Objective 1.2. Preserve land between and around cities for open space to help maintain community identity. For example, prioritize preservation of sites with dominant viewshed and geographic features bordering each of the four cities.
Goal 2. Establish conservation partnerships with owners, professionals and private organizations to preserve open space.
Goal 3. Inform and educate the Douglas County public and professionals in the field of real estate and tax regarding the benefits and values of open space.
Objective 3.1. Organize, publicize and conduct a series of workshops to inform the general public and professionals regarding conservation options and the benefits of preservation of open space.
Objective 3.2. Educate the Douglas County public and professionals on the benefits of preservation of open space through community outreach and marketing.
Goal 4. Determine and evaluate public opinion regarding open space goals and priorities for preservation.
Objective 4.1. Conduct a public opinion survey regarding open space goals and priorities.
Objective 4.2. Evaluate the results of the public opinion survey to determine the appropriate open space goals and priorities.
Goal 5. Ensure conservation of Open Lands countywide.
Objective 5.1. Seek to secure and preserve Open Lands through an organized publicly supported Open Space Preservation Program.
Objective 5.2. Protect lands of sufficient size to be viable over the long-term to avoid acquiring small isolated pockets of land with minimal conservation value or access and high stewardship costs.
Objective 5.3. Conserve Open Lands over the next 20 years.
E. Conservation Tools. Mechanisms and use of funds for achieving these goals shall include:
1. Easements. Accepting easements as a primary means of preserving open space from willing landowners. Easements offer the most benefit for each dollar invested as the land remains private property, stays on the tax rolls and reduces property management costs as the land continues to be maintained by the property owner.
2. Easement Partnerships. Creating partnerships when easement acquisitions are appropriate. Partnerships will be created with, but not limited to, the Kansas Land Trust, City of Baldwin City, City of Eudora, City of Lawrence, City of Lecompton, Douglas County, area universities, the Kansas Department of Transportation, area utility companies, local school districts, neighboring counties, other governmental agencies, and private companies when and easements are appropriate.
3. Ownership. Acquiring fee ownership of land in those instances where public ownership is warranted and the landowner is willing to sell.
4. Ownership Partnerships. Establishing partnerships for coordinating and maintaining land held by the Open Space Preservation Program.
F. Acquisition. The Board will consider whether the level of compensation requested by the landowner for the preservation of the lands is appropriate.
1. Purchase Price. A landowner may offer to sell the conservation easement or fee simple title for full fair market value or under a bargain sale arrangement.
2. Matching Funds. A conservation partner may offer to provide matching funds for the purchase of the conservation easement on or the fee simple title to the Open Lands.
3. Donation. A landowner may offer to donate the conservation easement on or the fee simple title to the Open Lands.
G. Evaluating Open Space Lands. The proposal will be processed on its own merits after review of the property and its conservation values.
1. A proposal must be consistent with the vision of ECO2 and benefit the citizens of Baldwin City, Eudora, Lawrence, Lecompton and the unincorporated areas of Douglas County. The proposal will be reviewed for consistency with the communities’ comprehensive plan, urban growth areas and park plans.
2. The following factors will be used to select and prioritize proposals for Open Lands. A proposal must satisfy the primary selection criteria. Secondary selection criteria will be considered to rank proposals.
· Intent of landowners to voluntarily participate; strong landowner commitment to perpetuating conservation values.
·
The
land or conservation easement can be acquired with reasonable effort and cost
in relation to its value.
·
Must be eligible land under
one of the Open Lands categories.
· Proposal promotes the overall goals and objectives of the ECO2 Open Space Plan.
· Water quality protection (e.g. wetlands, floodplains)
· Multiple conservation values
· Habitat for protected species (e.g. prairies, wetlands)
· Sites of historic or cultural significance
· Connectivity to intact natural areas/protected lands, recreational parks, trails, schools, residential areas, business
· High risk of conversion to other uses
· Proposals that include institutional support for management, maintenance, or other services (e.g. trails)
· Proposal with matching funds, partner funding, bargain sale, or includes donation
· Scenic value