The Land of Wide Open Spaces: Setting an Open Lands Conservation Agenda for the West

Jackson Lake Lodge
Grand Teton National Park, Wyoming
September 28-30, 1997

KEYNOTE ADDRESS

Wyoming Governor Jim Geringer Monday, 7:30-8:30 a.m.

In his keynote address, Governor Geringer said, "The culture and the history of the Western states reflects a strong spirit of independence and innovation. Embedded in the successes of our past lies a deep-seated respect for each other and a spirit of cooperation, because in the West cooperation hasn't always just meant neighborliness, it can often mean survival." He drew a connection between "... the survival of our culture as we know it and ... the preservation or encouragement of open spaces." The Governor also emphasized the importance of sustainable economic growth to enable people to live, work and enjoy open spaces in their communities. He spoke about the many different ways in which people view and value open space -- for recreation, wildlife habitat, scenic beauty, agriculture -- all of which contribute to quality of life. Returning to the theme of cooperation, the Governor spoke of "... two decades of what has become a bitter debate between environmentalists and resource users. The debate has gotten so polarized at times that the gridlock that resulted precipitated the emergence of new dialogs and discussions in the West, typically starting with neighboring landowners." He welcomed this new trend toward collaborative decision making, giving as an example the "Open Dialog for Open Lands" of the Wyoming Stock Growers Association and the Greater Yellowstone Coalition.

Governor Geringer went through a series of graphical representations of open space issues for the West, and pointed out that despite the abundance of public lands our challenge lies in conserving open spaces on our limited private lands and at the urban fringe where growth pressures are most concentrated. He closed by saying "More than anything else we see as an obligation that we will have to help people who are on the land feel good about stewardship, and that they are in control of their own choices so they can pass something along to their children that is better than what they received."

The Land of Wide Open Spaces: The Western Perspective Monday, 8:30-9:15 a.m.

Nebraska Governor Ben Nelson spoke about the commitment to open space and environmental quality in his state, and described several examples. With 98% of the land in private ownership, Nebraska faces a different set of open space challenges than many Western states. Nevertheless, Governor Nelson stated that we all share as a common conservation goal "... not to prevent development, but to caution against overdevelopment and development which ignores the beauty of open lands." Nebraska has undertaken many initiatives to reach this goal. It has worked to reclaim abandoned rail corridors for open space such as recently-opened sections of the 321 mile Cowboy Trail. Nebraska has established natural resource districts in its 30 major watersheds to help limit flood plain development and keep riparian lands open. It has also protected the Niobrara River as a national scenic river.

To spur individual action, Nebraska created an Environmental Trust Fund with lottery proceeds which has channeled $25 million to local environmental groups. Governor Nelson closed with a description of a broad partnership in Omaha called "Back to the River" which is dedicated to restoring recreational access along sections of the Missouri River.

Representative Carolyn Allen, whose district includes the Scottsdale area of high Sonoran desert, is environment chair in the Arizona House of Representatives. Representative Allen spoke about the conflicts in her district, both past and present, over growth and zoning. She said that desert preservation is now the number one issue in her district, driven both by homeowners and by the tourism industry.

In response, seventy-three percent of the voters in her conservative district recently approved a sales tax increase to pay for land conservation in the nearby McDowell Mountains and for other critical open space. Representative Allen also described the statewide Arizona Preserve Initiative which seeks to protect selected parcels of state trust lands in and near urban areas. She observed that the sea-change in Arizonans attitudes towards open space is reflected in a growing debate about urban growth boundaries, a state constitutional amendment to further protect trust lands, and a state mandate for local land use planning. Representative Allen closed with a familiar refrain: "The competing interests of environmentalists, ranchers, agriculture, private property owners, and no-growthers certainly are making for one heck of challenge in my district, and I know that's not news to all of you."

The final speaker, King County Councilman Larry Phillips, has been a longtime leader on open space issues in the Seattle area. Councilman Phillips noted that while the economy in his region has been booming, residents have also benefitted from an open lands legacy that has cushioned growth's impact: $600 million in parks and open space acquisition over the last 30 years with preservation of 36,000 acres. The goal has been to create a clear delineation between urban and rural parts of the county, and "... to preserve eclectic urban living, quiet suburban living, and a rural economy at the same time."

In addition to land acquisition, other conservation tools used by King County include a statewide growth management act mandating land use planning, active land trusts, and several innovative programs. One is the "public benefit rating system," which offers landowners property tax relief for providing benefits like open space to the public. There is also a transfer of development rights program to concentrate density; agricultural production district zoning to protect farm and forest lands; non-regulatory, incentives-based watershed planning; and acquisition of critical forestry land. In the context of salmon and the Endangered Species Act, and as an example of how open space protection and economic activity are often closely linked, Councilman Phillips also described the county's Waterways 2000 program which uses a mosaic of tools to protect critical salmon habitat -- and the recreational and commercial fisherman who depend on them.

SESSION 2

The Pacesetters: New Approaches for Keeping the West Western Monday, 9:15-10:30 a.m.

Jay Fetcher of the Fetcher Ranch recounted how tourism and the growth of the Steamboat Springs ski area has encroached on the ranches of the Upper Elk River Valley. In protecting the character of this valley, Mr. Fetcher emphasized the importance of neighboring ranchers and the decisions they make about their land. He described a cooperative planning effort that he and his neighbors undertook that resulted in a voluntary "vision statement" flexible enough to accommodate their different goals. The statement was agreed to by six neighboring landowners and has since guided their land protection efforts. The conservation tools used by these landowners include donation of conservation easements, sale of development rights, and conservation leases.

Mr. Fetcher explained that he chose the American Farmland Trust to hold his conservation easement because of their strong support for agricultural uses of the land. Mr. Fetcher closed by describing the formation of the Colorado Cattlemen's Agricultural Land Trust within the Colorado Cattlemen's Association to provide a local agriculturally-focused conservation partner for Colorado ranchers.

Bill Miller, owner of the Post Office Canyon Ranch, described the formation of the Malpai Borderlands Group (MBG). The MBG grew out of neighbor-to-neighbor discussions on how to deal with the many pressures facing local ranchers, especially those dependent on public land allotments. He was joined by Ben Brown, Program Director of the Animas Foundation, who talked about the common ground that emerged between ranchers and environmentalists though the MBG: opposition to land fragmentation and subdivision, support for open space and wildlife habitat, and concerns about vegetative changes and the loss of grasslands. These common interests were codified in a document called "the Malpai Agenda" which established the organization's guiding principles: less government, good science, a conservation ethic, and continued family ranching.

The speakers described several successful partnerships among the MBG, the Gray Ranch, and state and federal agencies that enabled them to work through rules and regulations to conduct prescribed burns, reseed eroded lands, eradicate woody species, demonstrate grass banking, and conserve endangered species habitat. Mr. Miller said that, through the work of the MBG, "... it is apparent that [having] an alternative to litigation, and the ability to spend money on the ground, is the best process to conserve our natural resources for the future."

Bill Long, Montana Land Reliance, talked about the activities of this preeminent Montana land trust. In their eighteen years of operation, the MLR has used conservation easements to protect almost one-quarter of a million acres of private lands. Growing development pressure in Montana today is creating even more interest in the MLR. The organization supports the continuation of historical land uses, including agriculture and sylvaculture. As an example of their work, Mr. Long described MLR activities along the Smith River. He cited several different reasons why people get involved in private land conservation, including ranchers preserving working ranches, conservation buyers preserving open space, sellers sheltering income, and landowners establishing estate plans. He closed with this warning: "... we see ourselves dealing with a pretty limited window ... probably ten or twenty years to get a lot of this ground protected, and then the concrete will be there and it's gonna be a done deal."

Governors should:

- work with state land boards and federal agencies to encourage greater regulatory flexibility for local communities and landowners.

SESSION 3

Setting Priorities: Who Should Lead? Monday, 11:00 a.m -12:00 p.m.

Chris Duerksen of Clarion Associates began the session by noting the great diversity among conference attendees and declaring that "four years ago this conference would not have been possible ... we're really setting the stage for the next millennium." He maintained that there is no shortage of tools for conserving open space. The real challenge, he said, lies in communities setting an overall open space strategy, and in bringing the major interested parties into the process.

Nancy Stahoviak, Routt County (CO) Commissioner, recounted the story of the development and adoption of their county-wide open lands plan. At the outset, the community worked together in "visioning processes" that repeatedly identified the preservation of agricultural and scenic open lands as a top priority. This led to calls for an official open lands plan. The planning process involved a series of public meetings held in four areas of the county, led by a steering committee with diverse membership and supported by an experienced consultant. The adopted plan contains a policy statement on the importance of agricultural and open lands, a county right to farm and ranch ordinance, a "land preservation subdivision" process, a tax-funded purchase of development rights program, and voluntary conservation easements. To date, almost ten thousand acres of open land have been preserved, and seven thousand more are targeted. That open lands planning takes time; requires trust, communication and political leadership; requires action; and can't solve all problems are among the lessons from Routt County shared by Ms. Stahoviak.

Erik Vink of the American Farmland Trust spoke about the importance of both incentive-based and regulatory efforts to address farm and ranch land loss, and the need for equitable sharing of the costs of conservation. Mr. Vink asserted that "... farms and ranches produce more than just food and fiber. They produce open space, habitat value, and watershed protection ... products that the public values and is willing to dip into its pockets [for] to share the costs of protection." According to Mr. Vink, regulatory solutions are limited and traditional fee acquisition programs are in decline. Instead, the ability to work voluntarily with private landowners is becoming increasingly important using such tools as conservation easements and Farm Bill and ISTEA incentives programs. Two areas in which AFT is particularly active are cooperative assessments of farmland conversion and regional growth impact studies. Mr. Vink illustrated these methodologies with AFT's work in California's Central Valley, where agricultural productivity is threatened by rapid population growth.

Lucy Blake, Sierra Business Council, described the activities of this 450-member business association spanning twenty-one counties in northern California and Nevada. The Council explicitly rejects the notion that communities must choose between economic and environmental health. Instead, its members view environmental quality, including the " ... rural character of the region, access to high-quality wildlands, and the landscape surrounding [our] immediate communities," as critical to their business success. Ms. Blake described the efforts of the SBC to encourage new development to fill in and grow out from existing communities and avoid isolated subdivisions. The Council has published a reference guide, "Planning for Prosperity," to stimulate planning excellence among local leaders. She stated that "... the members of the SBC are beginning to understand that the economic value of their businesses is tied directly to the quality of land use planning ..." She closed with a call for reform of the planning process that includes more intergovernmental cooperation, more meaningful and efficient ways to engage the public, better access to state and federal information needed for local planning, and more state funding for private open space conservation.

Governors should:

- give local communities money and get out of their way.

- help find a way to benchmark progress in conserving open space to determine what tools make a difference and really work.

- support state efforts to provide local governments, especially rural local governments, with information to support planning including demographic trends, natural resources data, and analysis of development costs.

- provide incentives to encourage land conservation, local leadership and inter-jurisdictional cooperation.

LUNCHEON KEYNOTE

Luther Propst, The Sonoran Institute Monday, 12:00-1:00 p.m.

In his noontime address, Luther Propst explored a fundamental question: why are some communities facing strong pressure for change able to maintain local character and quality of life while others lose the very features that once gave them distinction and appeal? Illustrating his talk with slides, Mr. Propst showed how many rural communities have succeeded in finding ways to retain their scenic beauty, natural resources, small-town values, historic character, and sense of community. They have been able to sustain a prosperous economy without accepting the runaway growth that can create sprawling towns or tourist traps that no longer instill a sense of pride in residents.

He offered a list of characteristics some or all of which are displayed by most "successful" communities. These communities:

develop a widely shared community vision to inspire and guide public and private action.

identify their assets. To inform local decisions, successful communities develop an inventory of their unique natural, cultural, historic and architectural features.

build local policies around their special assets. They make decisions that both protect and capitalize on the cultural, historical, architectural and natural features that make them distinctive.

go beyond regulations. Successful communities minimize the need for regulations to secure quality development and protect local values by utilizing private-sector tools and market incentives to influence design.

meet the needs of both the landowner and the community. Smart communities create partnerships with responsible developers, local government officials, and natural area managers to promote local values.

team up with public land managers on initiatives that integrate local and national priorities for common resources.

recognize the critical role of local non-governmental organizations. Such organizations provide long-term leadership, promote informed dialogue that goes beyond polarized public hearings and single-issue advocacy, and can help communities implement their ideas and initiatives.

provide opportunities for local leaders to step forward. These "hometown heroes" are dedicated residents who spearhead local efforts to better their community.

pay attention to aesthetics. The most successful communities strive for development that is not only environmentally and fiscally sound, but visually pleasing as well.

SESSION 4

Spreading the Message: Effective Outreach and Training Monday, 1:00-2:15 p.m.

Reeves Brown, owner of the Brown Ranch, called attention to the large percentage of private land in the West that is held by farmers and ranchers, and warned that much of that land is expected to pass from one generation to the next or to new owners in the next twenty years. Mr. Brown noted that the decisions that will be made about these lands are long-term if not permanent, and will require thoughtful planning by both landowners and communities. How to get this planning underway is a critical challenge.

In the view of Dr. Edna McBreen of the University of Wyoming Cooperative Extension Service, land use issues are "... too important to be left only to politicians, lawyers, educators, or even landowners. These are issues important for the general public." A critical task therefore is to educate citizens so that they can better understand open space issues. We must also "... build skills to enhance the ability of people to control the future of their lives, their culture, and their land." Ms. McBreen sees as a key audience not only current decision-makers, but tomorrow's decision-makers as well. To meet this challenge, the Cooperative Extension Service is developing a series of workshops on open lands issues involving both young people and adults to teach collaborative decision-making tools and use them to develop recommendations on open space for decision-makers.

Selene M. Siddoway, American Express Financial Advisors, discussed the vital role of financial planning in farm and ranch transition and the preservation of open lands. The planning process for the individual landowner begins with setting goals within the family, acknowledging inter-generational transfers, and addressing such issues as land versus money and differing goals among siblings. It is the financial planner's job to look at all aspects of the client's financial situation when assessing conservation tools, and to make recommendations to help them meet their goals and maximize available tax benefits.

Ms. Siddoway noted the importance of integrating the services of financial planners, attorneys, accountants, and other professionals advising the landowner in this process. She cautioned that conservation easements and other tools are very complex legal and financial transactions that can easily put off landowners unless they get proper assistance.

Tony Malmberg, Wyoming Farm Bureau Federation, began his remarks by asking "How are we going to maintain open space and who is going to maintain it?" Since in his view ranching provides an important answer to both questions, the focus of Mr. Malmberg's remarks was the future of ranching. He laid out three barriers facing ranchers: tradition, profitability, and conflict. He said that to overcome them "... we need to align education, economic incentives, and policy development with our community values."

Toward this end Mr. Malmberg urged ranchers to be true to their traditional values but more flexible regarding traditional practices. He called for less regulation and more reasonable fees to help restore ranch profitability. And he called for local consensus councils to help build greater trust and reduce conflict. Mr. Malmberg offered a number of specific suggestions on how the governors could help keep ranchers on the land and ranch lands in open space.

Idaho attorney Stephen E. Martin reiterated the observation that the key decision-makers regarding open lands are farmers and ranchers and that much depends upon the skilled presentation of conservation options to the agricultural community. He asserted that promoting land conservation as a way to escape federal transfer taxes is generally overstated. Rather, he stated that "... if a person really wants to avoid this tax without giving up control of his or her assets and wants to transfer those assets to his or her progeny and maximize their wealth, the vast majority of Americans .. can accomplish that goals without gifts to charity or conservation easements." According to Mr. Martin, all it takes is diligent tax planning, and addressing family dynamics and the divergent goals of heirs.

Governors should:

- help educate ranchers about more environmentally sensitive ranching practices and environmentalists about the ecological benefits of grazing.

- encourage community leadership that fosters learning, adaptation, and integration with change.

- find ways for conservation easements to generate income to pay for long-term open space maintenance.

- encourage landowners to do estate planning.

SESSION 5

Who Greases the Skids? Putting Our Money Where Our Values Are Monday, 2:45-4:00 p.m.

To provide an overview of funding options for open space, Carol Baudler of The Nature Conservancy summarized a wide variety of financing tools currently in use by local and state governments. She stated that "In last November's election alone, some $4 billion in conservation funds were approved [nationally], including large bond issues ... purchase of development rights programs ... and earmarks on sales taxes." Ms. Baudler views the success of these and other programs, as well as recent poll results throughout the West, as evidence that open space protection is widely seen as a quality of life issue and is increasingly popular among voters. Bond issues are among the most commonly-used techniques for funding open space in the West. Direct appropriations are another source, especially in years when state coffers are full.

Ms. Baudler also gave examples of voluntary funding programs, including non-game income tax checkoffs and vanity license plate sales, noting that they do not bring in significant funds alone. While in some cases states have set aside one-time windfalls like large court settlements, more stable sources of funding have come from the earmark of sales, hotel and tourism, real estate transfer and other taxes, lottery proceeds, and revenues from extractive resource development. State tax credits and exemptions also are used in some instances to help landowners retain their lands. Ms. Baudler closed with a discussion of what seems to appeal to voters in approving these funding mechanisms, citing funding stability, adequacy for program goals, accountability, requirements for local match, and most importantly, a vision of a good quality of life for future generations.

Doug Stark, Farm Credit Services of the Midlands, offered a banker's perspective on open space and the importance of keeping agricultural producers in business. In Mr. Stark's view, when land is used for agriculture it is already in open space without additional governmental action or expense. Yet with ranching providing extremely marginal returns, landowners are being forced to think about other ways to deploy their assets. Limited returns are a challenge to their bankers as well. Mr. Stark noted that "One of the things agriculture needs to remain economically viable is not so much the tax deductions ... it's the income stream to get them to the point where they have an estate tax problem." He offered a number of ideas for increasing farm and ranch income. He suggested designing conservation easements that generate income flows to agricultural producers and linking property tax rates to current agricultural and open space uses. Mr. Stark also called for allowing landowners to transfer their hunting rights to generate income and to more easily purchase small isolated tracts of state and federal land. He also called for bond financing for purchases of development rights to both generate income for landowners and protect critical lands.

Tim Lindstrom, Piedmont Environmental Council, spoke about the tools available for funding open space conservation through the federal tax code. He called conservation easements a voluntary tool for "growing conservation from the bottom up." Mr. Lindstrom said the recently-enacted American Family Farm and Ranch Protection Act provides enhanced incentives for conservation easements that substantially increase allowable tax deductions. It also allows for passing on deductions across generations, and provides retroactive tax benefits through "post mortem election" of conservation easements. However, the law also contains geographic limitations to these incentives, and creates uncertainty about exclusions for the retention of certain development and commercial recreational use rights such as hunting and fishing.

Mr. Lindstrom cited the need for states to enact conforming laws to allow the use of these easements. Seeking to debunk some widely-held myths, Mr. Lindstrom stated that conservation easements are voluntarily negotiated by landowners, do not provide automatic public access, do not prevent sale or gift, do not have to be held by the government or environmental groups, do not have to wipe out all development potential, and do allow for continued appreciation in value.

Government use of the bond market to finance open space conservation was addressed by Liz Sweeney of Standard & Poor's. She said recent years have seen relatively heavy use of open space, parks and recreation bonds, with an average issue size nationally of $12.6 million and a range of less than $1 million up to $300 million. Many types of governmental entities issue open space bonds, including park districts, preserve authorities, cities, and states. Ms. Sweeney said that interest in open space bonds is being driven by rising consumer demand for and spending on recreation and travel, increased public awareness of quality of life issues, and a strong overall economy.

She spoke in some detail about three bond-supported local open space programs -- Boulder, Colorado; Santa Clara and San Mateo Counties, California; and the Portland metropolitan area, Oregon. These programs exemplify several factors that are important for successful bond issues, including clear goals, open space plans, long term commitment, effective voter education, strong revenue pledges, and vibrant, diverse economies. Ms. Sweeny offered suggestions about how to structure open space bonds, including pledging broad-based taxes, pooling jurisdictions into regional groupings, and using alternative lease arrangements.

Governors should:

- champion conservations easements for less than perpetuity.

- encourage the sale of isolated state and federal parcels and streamline the land exchange process.

- propose legislation authorizing purchase of development rights programs.

- find funding assistance for individual landowners to help with the up-front planning and transactions costs of voluntary land conservation.

- communicate with Congressional staff and the Treasury Department to ensure that implementation of the American Family Farm and Ranch Act serves Western interests.

Setting the Goals, Defining the Roles Monday, 4:00-5:00 p.m.

During this session, Governor Geringer summarized the most critical points made up to this point in the conference. He was joined for this session by Utah Governor Mike Leavitt. Governor Geringer reiterated the need for collaboration rather than confrontation, and the significance of open space as an inter-generational issue. He reviewed the importance of planning for both individuals and communities, and the need for positive incentives, local leadership and public participation. He also emphasized the tremendous importance of balancing economic activity and land conservation both to pay for open space and to maintain a sound economic base for communities. He then turned the session over to Governor Leavitt. Governor Leavitt began by stating:

"There are two good things that can happen when a group of Western governors come together on an issue on which we feel some passion. The first is we can bring a lot of smart folks like you together and come up with a lot of good information and make an enormous impact ... The second thing is that we can develop momentum for change. When you get twelve or fourteen Western governors who all believe passionately that something ought to happen, you can push that granite block forward just a little. This is the session where we would like to invite you to come up with the ... things that will help to move this effort forward."

Governor Leavitt then took comments and questions from the audience on what governors should do to promote open space conservation. Exhibit 1 contains a list of recommendations made during this session. It also contains written suggestions submitted by participants following the session.

KEYNOTE ADDRESS

Utah Governor Mike Leavitt Tuesday, 7:30-8:30 a.m.

In his keynote address, Governor Leavitt spoke about the settling of the West, about today's rapidly accelerating population growth, and about the dramatic changes occurring in the landscape over a relatively short time span. Noting that twenty-five years from now our states will have twice as many people but no more land, water, or air, Governor Leavitt said "we get one shot at this in the American West. When its all paved over and covered with convenience stores the opportunity is gone. This is an obligation of a generation ... to make certain that the heritage we receive becomes the legacy that we leave as well." The Governor offered several lessons he has learned from working on this issue:

Open space is long term issue; it is really an ethic and ethics take time.

It requires leadership at every level of government and a set of guiding principles.

Open space is just one part of a larger picture, including affordable housing and transportation.

Open space means different things to different people, and must be locally defined.

The state can be a catalyst, but projects will emerge through local consensus.

In the West, federal agencies must be involved.

Governor Leavitt also laid out principles adopted to guide the efforts of the Utah Critical Land Conservation Committee. He described the Committee's work, including publication of a resource guide, technical assistance and training, local planning grants, an inventory of state lands not needed for agency missions, and planning driven by state infrastructure, as well as his personal appeals to landowners to protect open space.

SESSION 7

Having it Both Ways: Development and Open Space Tuesday, 8:30-9:45 a.m.

Session moderator Don Elliott, Clarion Associates, said that he has encountered widespread concern about the impacts on agriculture from development in mountain valleys and impacts on the environment from development on slopes. Nevertheless, he said, "... you can almost always find places that can be developed with minimal if any damage to the community's values." To achieve this, he cited several incentives that can be offered to landowners and developers to encourage them to provide open space along with development. These tools include density bonuses, clustering, transferable development credits, preferential tax treatment, flexible development standards, flexible approvals for limited land splits, and fee waivers.

Gordon Haight, Sorenson Development, spoke of the disconnect between state officials who are rewarded for promoting growth and local officials in the Salt Lake Valley who are now rewarded for controlling growth. He also noted the failure of large lot zoning to maintain rural character and preserve open space, and made a distinction between "good" and "bad" open space in the urban/suburban setting. Mr. Haight characterized "bad" open space as fragmented lands that are difficult for local government to maintain. Echoing earlier comments about the importance of viable agriculture, Mr. Haight emphasized the importance of agricultural communities in maintaining open space, and warned that isolated pockets of farmland can cease to be economically viable. Mr. Haight described a large project under development by his firm that is attempting to protect large areas of open space, conserve water, provide transportation alternatives, and promote additional values by concentrating densities. He said that an important part of the project is the education process with community residents and local government.

William A. Gern, University of Wyoming Vice President for Research and Director of UW's Institute for Environment and Natural Resources, described a three-phase project that serves as a model for informing the public about their choices regarding development and open space. The pilot project, conducted for the Planning Commission of Sublette County, Wyoming, used advanced information technology to simulate the visual characteristics of alternative growth futures. The project involved gathering baseline data including natural resources and growth indicators about the area in a GIS system and demonstrating the usefulness of this information for county planning. It also involved a land use survey of county landowners and residents that identified their preferences for type, amount, and location of development, demographic trends, and growth management strategy preferences. The project also produced a cost of development model that the county can use to forecast the impacts of future growth patterns. The faculty researchers are responding to queries from other communities that might benefit from similar studies.

Union Pacific Resources is a major landowner in Colorado Wyoming, and Utah, holding title to roughly one million acres. UPR's Michael Ewing described how the company acquired alternating sections of land during the railroad's early years and how his company is managing this land today. It is primarily grazing land that is leased to ranchers with many leases extending back to the original homesteading families. Some UPR lands have been sold to ranchers, to local communities, and to the federal government, while others have been donated to churches and for parks and recreation.

Mr. Ewing said "UPR's strategy for land grant lands is to continue to encourage economic development by the production of oil, gas and other minerals. UPR supports multiple use of its lands, including ranching, and firmly believes that the exploration and production of the mineral resources benefits open land use with minimal impacts. Mineral development activities including ranching will not only protect the value of the lands for open space and wildlife, but will benefit the states and counties by providing employment opportunities and severance and property taxes." Mr. Ewing also noted that UPR has some land holdings with significant environmental values, and the company is open to land exchanges and other ideas for those lands.

Al Pierson of the Bureau of Land Management spoke about the role of the federal government in conserving open space. He began with a brief overview of BLM lands, describing them as "... lands that nobody wanted; today they're the lands that everybody wants." Mr. Pierson said that the BLM can play a significant role in open space conservation through land exchanges, but cautioned that exchanges must address public access and use issues. He provided examples of successful exchanges such as grazing lands traded in exchange for critical bighorn sheep habitat in the National Sheep Range brokered by The Nature Conservancy. He said that three levels of support are needed to make an exchange work: the local community, the state, and federal agencies which must find that the national public interest is being served. Mr. Pierson said that it is important for local communities to communicate their long range open space needs and plans to federal agencies, which can then help to support them with complementary management strategies. He also said that federal agencies can be a significant source of data to support local planning.

Governors should:

- ask their legislatures to adopt or strengthen enabling authority for local governments to use density bonuses, clustering standards, transferrable density credits, rural development standards, fee waivers, and other incentives to conserve open space.

- encourage state lands agencies, federal agencies and private parties to engage in land exchanges to consolidate private and public lands.

- pro-actively seek out large-scale landowners such as developers, utilities, and railroads for land exchanges and other open space partnerships and publicize them.

- foster on-the-ground pilot projects that showcase new ways to preserve open space.

- encourage partnerships among state land grant universities, state land agencies and large landowners to create greater access to information.

- help local governments address issues related to open space access and maintenance on both public and private lands.

SESSION 8

The Unique Challenges Facing Resort Communities Tuesday, 9:45-10:30 a.m.

As session moderator John Turner of The Conservation Fund sees it, "There has been a wake up call as people around the United States have realized what they have lost: communities that are no longer sustainable, loss of wildlife habitat, impact on watersheds, and loss of agricultural lands." He said that, in particular, our resort communities are experiencing rapid growth in visitors and second homes and are increasingly in danger of "looking like no place in particular." To face this stampede, he asked: "Is our tool kit adequate? If we protect open space but lose multi-generational family businesses ... have we really been successful in protecting a sense of place? What about affordable housing? How do we put information about the community' assets together ... and educate and engage the citizenry to develop a collective vision? How do we engage the real estate and development community so that smart growth can become the solution? What is the role of our state and federal land agency neighbors who in the past have been perhaps too much aloof bystanders? ... Our challenge and opportunity in the West is to see if we can learn and develop new tools and strategies for our future."

Myles Rademan, Town of Park City, illustrated his talk with compelling images of the changes currently facing resort communities. He said that "indeed resort towns are the bellwether for what's happening in the West ... Many of the issues that we're discussing today we have been dealing with for a very long time." Mr. Rademan said that what Western mountain resort communities sell in the competitive global economy is a dream and dreamscape based on open space. People are drawn to places that have protected their open spaces, and these are the places that are now growing most quickly. He observed that one-third of all the ranches in the West over 1000 acres are presently for sale and that "we are in the business of subdividing and growth."

Mr. Rademan predicted that ranches near resort towns will be saved, but that they will have more to do with the economy of the resort than with the price of cattle. He also said that resort towns go through a life cycle from welcome to development to resentment to confrontation to calls for planning. Yet "we have to be a lot more specific about what we want to be and what values we're going to pass on to other people" for planning to be successful. The greatest challenge in our fastest-growing areas is that it is going to take far more money to protect open space than is currently allocated. Mr. Rademan called on states and governors to help by unfettering local government, especially in their ability to voluntarily raise funds for open space.

Steve Thomas, Greater Yellowstone Coalition, spoke about open space conservation efforts in Teton County stretching back over twenty-five years. He said that rather than being visionary the county was merely responding to growth pressures at the time. Since then the county has adopted and updated a comprehensive land use plan to deal with the intense pressures on the limited amounts of developable land. Mr. Thomas said that even though 98% of Teton county is in public lands, the demand for planning arose because "... people spend most of their time in the community, not in the mountains."

Echoing Mr. Rademan, he noted several things the county was unable to do in lieu of "straight" planning and zoning because of limitations imposed by state law or the lack of state enabling authority. These include imposing real estate transfer fees, earmarking sales taxes for open space, county issuance of open space bonds backed by general revenues, and creation of a transfer of development rights program. Mr. Thomas also lauded a consensus-building effort called "Open Dialog for Open Lands" with the Wyoming Stock Growers Association that helps environmentalists and ranchers look at open space protection on private lands.

Bob Schaap, Lone Mountain Guest Ranch, spoke about efforts to conserve open space at Big Sky, Montana. From its inception in the 1970's Big Sky had a master plan for various land uses including open space. According to Mr. Schaap, "There was only one problem with this. The master plan was hung up on the wall of every real estate agent in the community and used to sell real estate, but [it] was never recorded ... so anything was fair game, and land that all of us had depended on remaining open disappeared very rapidly." This had serious ramifications for recreational businesses dependent on undeveloped land. "Catch-up" planning and zoning activities ensued, with much development taking place ahead of planning. Lone Mountain Ranch moved to protect their business interests by securing easements on neighboring private land. They also were able to protect nearby private lands that were being put up for sale by purchasing an option on it and then selling about half to ranch clients and keeping the rest in open space. Home sites were developed under strict design controls, including trail easements and avoidance of recreational areas and wildlife corridors. Big Sky has now created a Parks, Open Space, and Trails Committee, and a Parks and Recreation District is on the ballot [which failed on November 4th]. He closed by saying "We certainly have a lot of pressure being put on resorts and I believe that pressure is going to spread to the rest of the non-resort communities as well. We are probably like a canary in the mine; when we start feeling the pressure and get sick, well, you guys watch out."

The final speaker of the conference, Luther Propst of The Sonoran Institute, reiterated that "three or four years ago the tenor of discussion would have perhaps been much more divisive and polarized, and I think the leadership being offered by the governors on this issue is commendable." With respect to resort communities, he observed that they are not only bellwethers themselves but are also "colonizers" impacting nearby communities that often have less tax base for addressing open space concerns. He stated that the most important messages he had heard at the conference were "the importance of planning for open space [and the resistance planning faces in the West] ... and that we must consider open space in the context of creating overall community prosperity." Mr. Propst urged consideration of the full range of tools available: regulatory tools, funding tools, land acquisition, incentive mechanisms, and tools to keep land in agriculture. Finally, he encouraged the formation of partnerships which enable us to do more than we can on our own.

Governors should:

- unfetter local government, especially in their ability to voluntarily raise funds for open space.

- ask their legislatures to grant counties the authority to voluntarily adopt real estate transfer fees, earmark sales taxes for open space, issue open space bonds backed by general revenues, and create transfer of development rights programs.

- promote "Round Up," an idea that would join state, county, and local governments with special service districts, corporations, utilities, and other entities and organizations that bill a large number of customers on a regular basis. Each organization would ask their customers if they would permit their monthly, quarterly, or yearly bills to be "rounded up" to the next higher dollar amount with the money earmarked for open space.

- address affordable housing in conjunction with open space.

SESSION 9

Framing a Regional Open Lands Agenda Tuesday, 10:30 a.m.-12:00 p.m.

In this summary session, Governor Geringer reviewed the action items suggested in Monday's wrap-up shown in Exhibit 1. He said these ideas "... will allow us to formulate good public policy and [take] personal action ... Somewhere in [this list] is something you can use, an idea that will spark your action or precipitate some follow-up ... This conference is a beginning." He reiterated key themes raised by participants: the need to recognize long range time horizons; the likelihood of continued rapid population growth; the need for planning, local guiding principles, local leaders, and local enabling authority; and the need for economic vitality. Speaking of the rising real estate value of ranch land, the Governor said "The changing face of economics in the West will drive decisions one way or the other. The question is whether we will be out in front to guide them." The Governor closed with a list of the ten overall recommendations he will be taking with him from the conference:

- Disseminate information (e.g., toolbox of options, resource manual, case studies of successes and failures, global perspectives) that can assist community leaders in conserving open spaces.

- Educate all citizens, both young and old, newcomers and long-time residents.

- Integrate socio-economic analyses of the impacts of development to support good planning.

- Provide technical expertise and resources (e.g., GIS) that local communities need to plan wisely.

- Identify legislative and financial solutions that empower local communities.

- Develop and support implementation strategies that can work at the state and local levels.

- Assist the agricultural community in maintaining economic viability.

- Lead the state and region with a vision for the future.

- Monitor the big picture.

- Act NOW! (This is urgent.)

Note: See Exhibit 2 for a summary, organized by topic, of the recommendations made by panelists throughout the conference and by audience members during Session 6.

EXHIBIT 1

PROJECT RECOMMENDATIONS

Audience Recommendations on "What Governors Should Do"

1. Communicate how farms, ranches, and open space are a critical resource to all of us

2. Study how we subsidize sprawl by subsidizing infrastructure for development

3. Take a hard look at what these infrastructure subsidies are

4. Analyze other options to provide incentives for what we value

5. Create opportunities for partnering for the future

6. Look at incubators that are doing innovative things

7. Identify and learn from mistakes

8. Come up with voluntary tools rather than relying on zoning and proactive planning but also do more than just rely on tax deductions

9. Consider sub-surface mineral resources as part of the open space formula

10. Encourage private property owners to provide public access rights

11. Urge action and weigh in on critical points regarding pending federal estate tax changes

12. Identify useful resources from around the region

13. Identify and break down barriers to open space conservation

14. Promote separate solutions for urban and rural lands

15. Develop a resource manual that highlights success stories that could be disseminated by WGA and that might have broader acceptance by local and county government

16. Open space solutions should also include national forest and timber issues and the effects of the Endangered Species Act on open spaces

17. Return money to the Land and Water Conservation Fund and give to the states on a matching basis

18. Learn from international models (e.g., Europe)

19. Instruct states to develop or identify more stable funding sources at the state and local levels

20. Provide a forum for local discussions on easements for a term of years versus in perpetuity

21. At the state level, look at the Uniform Conservation Easement Act and amendments to the Uniform Probate Act

22. Change state statutes to involve local planning commissions in open space

23. Consider more protection of water rights and no net loss of private lands

24. Take advanced tools like GIS, spatial data and satellite data and put them in the hands of local communities

25. Reconsider whether the "only good development is agricultural development" or whether what we're looking for is "proper" development

26. Provide local levels with increases in funding so they can take the lead

27. Governors should take the lead in going around recalcitrant legislators

28. Enact legislation in the western states to enable counties and cities to levy taxes; i.e., let local communities decide on open space funding. Also give local planners the power and incentive to plan, and then bring the issues and funding options to the voters.

29. WGA should focus more attention on helping make the agricultural community economically viable

30. Convene a WGA forum to have agencies enforcing regulations and rules meet with stakeholders at the beginning of the process

31. Identify the non-economic benefits of open space conservation (affairs of the heart, social studies)

32. Use resources at universities to identify non-economic benefits

33. Identify and test incentives for low-income land owners that would be effective for conservation

34. Conduct a careful and comprehensive economic study of the impact of removing the land base from the tax rolls

35. Address post mortem election and development rights issues at the Federal level

36. Provide more options for conservation at the state level

37. Address issues surrounding the authority of trustees and state property tax policy

38. Identify the holes in conservation approaches rather than just building on successes

39. Use the bully pulpit to provide information throughout the West, especially given the increasingly urban nature of the electorate in western states

40. Urge leaders to not ignore the issue of affordable housing

41. Hold developers accountable for the true costs of their developments

42. Be bold and be willing to risk political stature - communities need local heroes

43. Encourage on-the-ground education on options such as conservation easements so that landowners know their options

44. Form a clearinghouse to partner easement donors with resources and funding

45. Utilize locally-elected conservation districts

46. Strengthen the position of state and local groups in NEPA and base environmental impact decisions on scientific information

47. Lead in the education of new people moving into the West on the importance of the past

48. Keep in mind community property rights, not only private property rights

49. Provide more help from the government in marketing agricultural products (vis a vis regulations like NAFTA, food safety concerns, etc.)

50. Help ranchers learn marketing and develop other products such as hunting rights, tourism, etc.

Additional Written Recommendations Offered by Conference Participants

1. Economic Viability of Agriculture. There needs to be some avenues for those who enjoy open space to share the economic burden of those who maintain the open space; i.e., agriculture. Something that needs to be understood is that, over all, the majority of the agriculture people will not sign onto a conservation easement but given viable economic options and some regulatory relief, the majority would continue to function.

2. Develop methods to reward the positive externalities of market transactions and tax negative externalities; that is, make the cost of products, land, etc., reflect the total social cost of that product.

3. Keep in mind that we do not need any more unfunded tasks.

4. Explore opportunities to create Conservation Enterprise Zones where win/win options exist for development, community and landowners, such as options like giving landowners stock in local development in exchange for clustered development.

5. Include fragmentation of the landscape and its impact on both rural and urban communities as an important planning consideration in developing open space plans.

6. If we cannot handle the current growth and development in the West, are we wise in encouraging more people (business, industry) to move in? Would it be better to take steps to slow development or at least not actively push it until we are in a better position to manage it in a way which maintains our quality of life?

7. Include the concept of National Heritage Areas in the discussion of tools. This is a locally-led program which can get significant help from the National Park Service and, if authorized by Congress, obtain up to $10 million for a variety of purposes: conservation easements, historic building rehabilitation, and others. None so far has been established in the West.

8. Study the Norway System where government buys agricultural products at above market prices and then sells them at a loss to the consumer. This is their means of keeping the aesthetic values of agricultural landscapes.

9. Must have evidence of credibility for concerns of keeping the land of wide open spaces open, especially from local elected officials and private landowners.

10. Convene working groups to explore just what "incentive-based" zoning might mean. Are there working examples?

11. States (governors) need to pass legislation that allows local governments to raise an open space procurement sales tax.

12. Planning cannot just happen at the local level. States needs to step up and support the process. Governors need to lead. Recognize things are changing and groups need to adapt. Farming and ranching can't continue to operate as they have in the past. Utah needs to allow local governments to tax themselves for open space, etc., if they vote in favor of it.

13. Weigh in during the next several months as Congressional tax staff elaborates and explains provision of the American Farm and Ranch Protection Act [2031(c)] and the Internal Revenue Code to insure that the "Blue Book" explanation by the Joint Committee on Taxation staff and later regulation work in interest of Western landowners.

14. The Wyoming state legislature needs to look at the existing statute which exempts counties from regulating subdivision of land 35 acres or larger. This is causing urban sprawl as well as problems with access and public services in the remote areas of our counties. Pass on local control to counties and municipalities. The state should provide the overall philosophy, goals, support and guidance.

15. WGA must evaluate the impact of open space efforts on the tax revenue stream for local governments over both the short and long term.

16. One of the major reasons why landowners sell ranches is to provide retirement income. Most ranchers have no retirement fund; the value of their land or timber is the retirement account. Consider a program (a.k.a. a state social security system) where the state contributes to a fund. Upon retirement, if the landowner's land is still in open space, then they get access to the retirement fund. If the land is no longer in open space, the landowner forfeits his/her right to the money that has accrued in their name.

17. WGA should take the leadership to provide young people with opportunities to become ranchers and farmers through new incentives, funding, and shared management with older generation, etc.

18. Regarding NEPA issues, scientific evidence of significant impacts should be provided by those implying significant impacts (i.e., environmental organizations); not a defensive mode of providing lack of significant impact by the users (i.e., ranches, timber, oil & gas, mining).

19. Training for small rural communities about open space is needed; i.e., communities that haven't had population impacts yet.

20. The key is encouraging broad and diverse partnerships to tackle open space issues.

21. Increasing numbers of tourists visit the wide open spaces of the West every year. Over 16 million of them visited the State of Utah in 1996, and some of the main attractions for these visitors are the natural beauty of the state and the rural characteristics of many of the communities. Suggestion: develop ways to allow visitors to contribute to the preservation of the open spaces they come to see. "Pay-to-play" philosophy.

22. Don't forget about the person who owns a small parcel among large landowners. If the small landowner decides to subdivide, it could ruin the whole character of the open space. The small landowner is just as important.

23. Include environmental advocacy groups in open lands strategies.

24. One barrier to encouraging greater participation in "open spaces" by private landowners may be liability to the landowner. Is there a way to indemnify private landowners against any and all claims from "open space" users? Talk to landowners. What other barriers do they perceive?

25. How could we strengthen state game and fish commissions to have leverage or a legal role in development issues or protecting open space?

26. Governor Leavitt, are you planning to allow another Escalante-type open space rape to occur in the future?

27. The push in Wyoming is for economic development with seemingly no concerns for local or statewide sentiment toward the cost. WGA should be sensitive to and resistant to these pressures until the development is accepted by the community.

28. Regarding training and education, use the approach of children and adults working together as per Edna McBreen. First you have to educate and listen, then you can move forward.

29. It is critical to ensure the economic viability of family farm and ranch operations:

(a) find ways to ensure the continued availability of public lands for ranching - perhaps in exchange for conservation easements or conservation planning

(b) find ways to reimburse ranchers and landowners for the real costs of maintaining and managing wildlife habitat for wildlife that belongs to the public at large

(c) find ways to provide real incentives (in the form of grants, tax incentives, etc.) for providing habitat for endangered species to reduce the potential for conflict over the endangered species

30. States need to legislate local special taxing authority to counties county-to-county. States should promulgate or legislate a basic framework to encourage local authorities to plan for protection of open space. States should also encourage legislation for more federal and state tax incentives to protect open space.

31. Take away government subsidies for sprawl, eliminate most tax exempt commercial bonds, give full value to ranchers and farmers for tax paid, charge residential owners the full cost of government services. Farms and ranches are: food resource base, water resource base, wildlife resource base, positive tax base, plus open space.

32. To assist planning, Wyoming's Private Grazing Lands Team believes the economic viability of our private landowners and agriculture producers is critical to the maintenance and sustainability of our open spaces. This can be achieved through their action plan which includes:

(a) A Teach the Teachers (Adult) education project

(b) diversification projects/workshops

(c) an information clearinghouse

(d) there is technology out there - help Wyoming landowners use it, i.e. internet, etc.

(e) an intern program in which all federal and state natural resource new hires will spend a six month to one year internship with Wyoming agriculture producers to learn an appreciation for their quality of life

33. Get essential tools into the hands of local officials and landowners. The need for physical planning is tremendous. Local entities need to know what areas should be preserved/conserved, for whatever reason (watershed, viewshed, etc.). Install physical planners in appropriate levels of government to provide affordable information for local entities. Educate leaders that there are real economic benefits from doing land use planning. Demonstrate and disseminate what those benefits are.

34. County and municipal governments in Wyoming and Colorado need the statutory authority to regulate and evaluate land subdivisions that are greater than 35 acres in size. Existing statutes don't allow this.

35. Need to develop local leadership but must support them with some baseline legislation and state action.

Legislative:

(a) Create an environment for high bond ratings

(b) Develop some sorts of state funding (even small amounts could be leveraged)

(c) Propose legislation that gives communities (counties and towns) incentives and authority to levy taxes or fees to generate revenue for open space acquisition (fee and easement) on private land and state land (to help compensate state school trusts for protection of these lands.) Also this revenue could be used by communities to maintain open space

(d) Uniform Easement Act - Maybe governors should first educate residents about easements so someday we can get this approved

(e) Adjust state inheritance rules so that executors of estates have flexibility to utilize new tax election for post mortem easement gifts

Non-legislative:

(a) Support statewide Land and Water Conservation Fund

(b) Actively support local leadership on these issues:

(1) offer local forums for community discussion and leadership development

(2) hire Luther Propst to help facilitate dialogue by local communities in selected states (investment in Luther would be highly leveraged)

(3) support and recognize local initiatives

(4) support and recognize local leadership

(5) educate, especially newcomers, about ranching and ways not to impede ranching. Lots of small gestures by newcomers can mean a great deal to ranching, e.g., how to drive through cattle drives, gift to a rancher who lets neighbors hunt and fish, keep ditches clear, encourage local governments to create driveways (for cattle) through developed areas along roads, develop setbacks from ranches and dedicated open space

36. Address the dichotomy between showing open spaces on brochures to bring people in and fretting over loss of open spaces. Give open spaces at least the same priority (funding) as bringing in tourists.

37. Integrate the good planning of the counties; monitor the big picture; disseminate information; provide the technical expertise and resources local communities need to plan wisely; act now - this is urgent; prepare a state vision for the future with implementation strategies; prepare a regional vision from global perspective.

38. Lead the way in preaching population control without which all these other suggestions will eventually be moot. For examples travel to any number of other countries.

39. The West doesn't have the population to fund open spaces or the capital to fund conservation easements in any magnitude. Agricultural economics will be the key to resolving agriculture and open space issues. When agriculture was the number one industry individuals were paying over 20% of their income for food. Today, people are paying 11% for food. Agriculture is slowly losing their share of the economic pie.

40. Enhanced public funding in Wyoming (and elsewhere) for the purchase of development rights by 1) a capital facilities tax amendment to include open spaces, and 2) use of lodging tax revenue for open spaces. Also pass enabling legislation in Wyoming for conservation easements.

41. You had a number of suggestions from people with axes to grind - special interests advocating their interests. Many of those suggestions would damage efforts to protect and establish open spaces. Please weed those out.

42. The states must develop a process that will insure that Federal law (Endangered Species Act, Clean Water Act, Safe Drinking, Superfund, etc.) implementation is coordinated by and among those Federal agencies. We can no longer allow separate enforcement without some coordination between state, Federal and local agencies. An example is the Oregon Salmon Plan.

43. Look at and amend property tax structures so that they are not a disincentive to open space preservation (state or local); identify barriers in state statutes such as in planning and zoning statutes; give a bigger tool box to local jurisdictions; look at the American Planning Association's Growing Smart program at least in terms of open space management; develop a list of people resources who can be available to people in other states (e.g., a rancher who has worked well with conservationists going to a state where that cooperation does not exist to help out building that same level of trust); reform any state statutes that make landowners liable for accidents or incidents that might occur by recreationists on private lands who are there with permission of the landowners.

44. WGA should sponsor continuing education credits for CFP's, CPA's and attorneys. By sponsoring these credits the professionals who landowners rely on for advice can better understand the benefits of an easement.

45. Would like to see a statewide workshop for small communities (10,000 pop. or less) and/or limited budgets on how to incorporate this "open space" agenda into their level of thinking when their day-to-day concern is "survival."

EXHIBIT 2

Legal Task Force

WGA summary recommendations

advise governors on how to ensure that the American Family Farm and Ranch Act will work for Westerners, leading to Western Governors' recommendations to Congress and the Administration on implementation of the Act.

recommend additional state and federal tax incentives for open lands conservation for the governors to advocate.

develop model enabling legislation for state level empowerment of local communities enacting open space planning and financing options on a voluntary basis;

Speaker recommendations

find ways for conservation easements to generate income to pay for long-term open space maintenance.

champion conservation easements for less than perpetuity.

propose legislation authorizing purchase of development rights programs.

ask legislatures to adopt or strengthen enabling authority for local governments to use density bonuses, clustering standards, transferrable density credits, rural development standards, fee waivers, and other incentives to conserve open space.

ask legislatures to grant counties the authority to voluntarily adopt real estate transfer fees, earmark sales taxes for open space, issue open space bonds backed by general revenues, and create transfer of development rights programs.

promote "Round Up," an idea that would join state, county, and local governments with special service districts, corporations, utilities, and other entities and organizations that bill a large number of customers on a regular basis. Each organization would ask their customers if they would permit their monthly, quarterly, or yearly bills to be "rounded up" to the next higher dollar amount with the money earmarked for open space.

help local governments address issues related to open space access and maintenance on both public and private lands.

Audience recommendations

come up with voluntary tools rather than relying on zoning and proactive planning but also do more than just rely on tax deductions.

at the state level, look at the Uniform Conservation Easement Act and amendments to the Uniform Probate Act.

enact legislation in the western states to enable counties and cities to levy taxes; i.e., let local communities decide on open space funding. Also give local planners the power and incentive to plan, and then bring the issues and funding options to the voters.

identify and test incentives for low-income land owners that would be effective for conservation.

address property valuation and tax issues (current vs. highest and best use).

form a clearinghouse to partner easement donors with resources and funding.

explore opportunities to create Conservation Enterprise Zones where win/win options exist for development, community and landowners, such as options like giving landowners stock in local development in exchange for clustered development.

the Wyoming state legislature needs to look at the existing statute which exempts counties from regulating subdivision of land 35 acres or larger. This is causing urban sprawl as well as problems with access and public services in the remote areas of our counties. Pass on local control to counties and municipalities. The state should provide the overall philosophy, goals, support and guidance.

county and municipal governments in Wyoming and Colorado need the statutory authority to regulate and evaluate land subdivisions that are greater than 35 acres in size. Existing statutes don't allow this.

one of the major reasons why landowners sell ranches is to provide retirement income. Most ranchers have no retirement fund; the value of their land or timber is the retirement account. Consider a program (a.k.a. a state social security system) where the state contributes to a fund. Upon retirement, if the landowner's land is still in open space, then they get access to the retirement fund. If the land is no longer in open space, the landowner forfeits his/her right to the money that has accrued in their name.

increasing numbers of tourists visit the wide open spaces of the West every year. Over 16 million of them visited the State of Utah in 1996, and some of the main attractions for these visitors are the natural beauty of the state and the rural characteristics of many of the communities. Suggestion: develop ways to allow visitors to contribute to the preservation of the open spaces they come to see. "Pay-to-play" philosophy.

one barrier to encouraging greater participation in "open spaces" by private landowners may be liability to the landowner. Is there a way to indemnify private landowners against any and all claims from "open space" users? Talk to landowners. What other barriers do they perceive?

reform any state statutes that make landowners liable for accidents or incidents that might occur by recreationists on private lands who are there with permission of the landowners.

enhanced public funding in Wyoming (and elsewhere) for the purchase of development rights by 1) a capital facilities tax amendment to include open spaces, and 2) use of lodging tax revenue for open spaces. Also pass enabling legislation in Wyoming for conservation easements.

look at and amend property tax structures so that they are not a disincentive to open space preservation (state or local); identify barriers in state statutes such as in planning and zoning statutes; give a bigger tool box to local jurisdictions; look at the American Planning Association's Growing Smart program at least in terms of open space management.

Public Education

WGA summary recommendations

conduct an outreach/PSA campaign by governors and other prominent Westerners to communicate to landowners and the general public the value of open space, the importance of open space conservation, the need for estate planning, and the benefits of conservation easements and other tools for keeping family land intact and in traditional uses.

prepare a publication that describes successful efforts to conserve open space by western landowners and communities and encourages their adoption by other localities.

Speaker recommendations

help educate ranchers about more environmentally sensitive ranching practices and environmentalists about the ecological benefits of grazing.

encourage landowners to do estate planning.

Audience recommendations

develop a resource manual that highlights success stories that could be disseminated by WGA and that might have broader acceptance by local and county government.

utilize locally-elected conservation districts.

offer local forums for community discussion and leadership development, support and recognize local initiatives, support and recognize local leadership, educate, especially newcomers, about ranching and ways not to impede ranching. Lots of small gestures by newcomers can mean a great deal to ranching, e.g., how to drive through cattle drives, gift to a rancher who lets neighbors hunt and fish, keep ditches clear, encourage local governments to create driveways (for cattle) through developed areas along roads, develop setbacks from ranches and dedicated open space.

Technical Assistance

WGA summary recommendations

prepare a manual to introduce communities to open space financing techniques in use around the country and to support the implementation of techniques selected

encourage land grant universities and communities to better utilize data and information technologies currently available to assist in land use and open space planning.

Speaker recommendations

find funding assistance for individual landowners to help with the up-front planning and transactions costs of voluntary land conservation.

help find a way to benchmark progress in conserving open space to determine what tools make a difference and really work.

support state efforts to provide local governments, especially rural local governments, with information to support planning including demographic trends, natural resources data, and analysis of development costs.

encourage partnerships among state land grant universities, state land agencies and large landowners to create greater access to information.

address affordable housing in conjunction with open space.

Audience recommendations

study how we subsidize sprawl by subsidizing infrastructure for development.

identify and learn from mistakes.

learn from international models (e.g., Europe).

take advanced tools like GIS, spatial data and satellite data and put them in the hands of local communities.

identify the non-economic benefits of open space conservation (affairs of the heart, social studies).

conduct a careful and comprehensive economic study of the impact of removing the land base from the tax rolls.

if we cannot handle the current growth and development in the West, are we wise in encouraging more people (business, industry) to move in? Would it be better to take steps to slow development or at least not actively push it until we are in a better position to manage it in a way which maintains our quality of life?

include the concept of National Heritage Areas in the discussion of tools. This is a locally-led program which can get significant help from the National Park Service and, if authorized by Congress, obtain up to $10 million for a variety of purposes: conservation easements, historic building rehabilitation, and others. None so far has been established in the West.

how could we strengthen state game and fish commissions to have leverage or a legal role in development issues or protecting open space?

develop a list of people resources who can be available to people in other states (e.g., a rancher who has worked well with conservationists going to a state where that cooperation does not exist to help out building that same level of trust)

On-The-Ground Partnerships

WGA summary recommendations

partner with one or more large institutional landowners (i.e., utilities, railroads, or state land boards) and local communities to identify critical open lands and develop cooperative plans to ensure their long-term protection.

demonstrate a major multi-state, multi-party initiative to proactively conserve critical open lands for multiple declining species which share a common landscape.

Speaker recommendations

work with state land boards and federal agencies to encourage greater regulatory flexibility for local communities and landowners.

encourage the sale of isolated state and federal parcels and streamline the land exchange process.

encourage state lands agencies, federal agencies and private parties to engage in land exchanges to consolidate private and public lands.

pro-actively seek out large-scale landowners such as developers, utilities, and railroads for land exchanges and other open space partnerships and publicize them.

Viability of agriculture

Audience recommendations

WGA should focus more attention on helping make the agricultural community economically viable.

economic viability of agriculture. There needs to be some avenues for those who enjoy open space to share the economic burden of those who maintain the open space; i.e., agriculture.

study the Norway System where government buys agricultural products at above market prices and then sells them at a loss to the consumer. This is their means of keeping the aesthetic values of agricultural landscapes.

It is critical to ensure the economic viability of family farm and ranch operations:

(a) find ways to ensure the continued availability of public lands for ranching - perhaps in exchange for conservation easements or conservation planning

(b) find ways to reimburse ranchers and landowners for the real costs of maintaining and managing wildlife habitat for wildlife that belongs to the public at large

(c) find ways to provide real incentives (in the form of grants, tax incentives, etc.) for providing habitat for endangered species to reduce the potential for conflict over the endangered species

to assist planning, Wyoming's Private Grazing Lands Team believes the economic viability of our private landowners and agriculture producers is critical to the maintenance and sustainability of our open spaces. This can be achieved through their action plan which includes:

(a) A Teach the Teachers (Adult) education project

(b) diversification projects/workshops

(c) an information clearinghouse

(d) there is technology out there - help Wyoming landowners use it, i.e. internet, etc.

(e) an intern program in which all federal and state natural resource new hires will spend a six month to one year internship with Wyoming agriculture producers to learn an appreciation for their quality of life

Page last updated 10/10/1999