(Picture of Two Eagles Farm, a preserved farm in Smyrna)
A HISTORY
Delaware Nature Society's (DNS) long history of working to preserve significant natural lands, dated from its founding in 1964 concurrent with playing a major role in preserving the 433-acre core of Brandywine Creek State Park. Following publication of the Society's Natural Areas Study results and passage of the Natural Areas Preservation System law in 1978 (7 Delaware Code, Chapter 73) it became clear that while many of the areas identified could be preserved in private ownership through land conservancies, including DNS, the State would bear a major responsibility for preservation. Accordingly, DNS joined by other partners, including the United Auto Workers' Community Action Program Council, formed a conservation coalition to approach the Delaware General Assembly for funds for state purchase of specific important natural land parcels through the Bond Bill.
In successive annual campaigns from 1984-1988 several tracts were targeted by 52 organizations--particularly lands in the White Clay Creek and Middle Run Valleys, Milford Neck, James Branch, and state park and wildlife area in-holdings--with varying success; then Governor Castle proposed $21M to purchase a select list of properties. Recognizing that longer term, more predictable funding was essential to averting destruction of critical areas the coalition broadened to 314 members. Open space preservation became a popular cause, and in 1990 an Open Space Bond Bill authorizing three bond sales in $15M increments over five years passed the General Assembly handily. Companion legislation, the Land Protection Act of 1990 (7 Delaware Code, Chapter 75), also promoted by the "Open Space Coalition," set up an Open Space Council, established State Resource Areas, and directed developing criteria for land purchase and use of other protection tools. The program is managed by the state Department of Natural Resources and Environmental Control (DNREC), the Council recommends land parcels for purchase, and the DNREC Secretary has final approval. Lynn Williams, first president of the DNS, has chaired the Council since its inception.
Another key piece of legislation, the Agricultural Lands Preservation Act (3 Delaware Code, Chapter 9), passed in 1991 with broad support at a time when the state's farmland was being lost at a rate of more than 10,000 acres a year. It established a two-step voluntary program involving enrolling a farm of 200 acres or more in an Agricultural Preservation District for ten years, with the landowner then having the option to petition for state purchase of a conservation easement to permanently protect the land. It also created an Agricultural Lands Preservation Foundation to conduct the program, which is managed by the state Department of Agricultural. The program had little funding, however, until 1995 when then Governor Carper established a "21st Century Fund" using legal settlement escheat funds and proposed to allocate $95M for environmental preservation--$40M for open space, $40M for farmland, and $15M for a parks endowment. To ensure adoption of the Governor's proposal a new Open Space, Parks, and Farmland Preservation Coalition was begun to include conservation, farm, and civic organizations, local governments, and labor. With a Steering Committee, three Co-chairs, and a DNS part-time Coordinator it grew eventually to 333 organizations.
By the turn of the century the Preservation Coalition was seeking permanent funding. In 2001 a revenue stream of $9M a year for the state's Open Space Program was enacted with monies flowing through the state's Realty Transfer Tax; but it was not until 2005 that a revenue stream of $10M as year was obtained for farmland preservation also from the state's Realty Transfer Tax. Steady funding was a great boon to both programs as it enabled multi-year funding commitments and the ability to leverage other funds, and gave landowners confidence in program viability. Most importantly the programs have significantly slowed the loss of important natural and recreational lands and farmlands.
Since 1990 the Open Space and Agricultural Lands Preservation Programs have compiled laudable records:
- The Open Space Program has protected 50,528 acres through outright purchase and a few conservation easements at a cost of $297.9+M--primarily State funds but including some federal, non-profit organization, and foundation monies. The acquisitions were mostly additions to state forests, parks, fish and wildlife areas, and nature preserves.
- The Agricultural Lands Program has purchased easements for 92,026 acres on 532 farms at a cost of $151.3+M with the average transaction discount 52%. Funds were primarily State but included some federal and county monies.
NEW: FORESTLAND PRESERVATION PROGRAM
Rapid disappearance of forest cover over recent decades prompted support for passage of The Forestland Preservation Act in 2005 (3 Delaware Code, Chapter 9, Subchapter V.) Similar in structure to the farmland preservation program forestland owners of 10 or more acres may register their lands and subsequently apply for purchase of a conservation easement; active forestry may continue under a professionally prepared forest management plan. The program is operated by the Agricultural Lands Preservation Foundation and managed by the Department of Agriculture. The program received a single appropriation of $1M in 2008 but has leveraged substantial private organization funds and landowner discounts averaging 67% to enable preservation of 871 acres for $1.4+M in 2009.
NEEDED NOW!
Economic downturn followed by global recession has taken a toll on state land preservation funds. In 2008 (for Fiscal Year 2009) state Open Space funds were reduced to $5M and Farmland Preservation funds to $6M. In 2009 (for Fiscal Year 2010) state funding for both of those programs was reduced to $3M with $0 for forestland. The 2010 budgeting process portends another austere year, but keeping these three land preservation programs alive is crucial to retaining for future generations some semblance of the landscape Delawareans enjoy today. Now is the time to take advantage of reduced land prices, but to do so will require resources.
Please contact state elected officials to express your support for open space, farmland, and forestland preservation. For more information, please contact: Brenna Goggin, Environmental Advocate at Brenna@delawarenaturesociety.org
