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28OPTIMIZING PRIVATE LAND CONSERVATION AND PUBLIC LAND USE PLANNING⁄REQUISITIONtype of human development and activity the ecosystem of the Highlands Region cansustain. The Highlands Council has developed an impressive data gathering andanalysis regime that utilizes GIS and other mechanisms to identify priority sites forprotection. This data was used to help create and implement three overlay zoneswithin the Highlands area: “protection zones” (extremely limited development),“conservation zones” (non-agricultural development activities will be limited in areaand intensity), and “existing community zones” (development limited to levels thatare appropriate to maintain the character of established communities). All of thisinformation is publicly available. See http://www.state.nj.us/njhighlands.Land trusts can use government plans and policies to help define their own agendaor use the plans and policies as a starting point. Many land trusts use governmentpolicy as a starting point for setting priorities and then further narrow their focus byconsidering other factors. However, if priorities of the land trust and localgovernment do not match, the land trust can look to find ways to influence the localgovernment to convince government officials otherwise. Furthermore, if governmentplans and policies do not exist or are inadequate, land trusts may place priority onencouraging and assisting their development or revision.Local GovernmentsAs stated above, the local government’s selection of priority conservation lands startswith the local comprehensive land use plan. The comprehensive plan is a policyinstrument first, and a technical instrument only second. The local governmentleading the comprehensive plan development should ensure that the plan is general,focuses on physical development, and relates physical design proposals to communitygoals and social and economic policies. This includes using government andcommunity resources to identify areas in need of protection, areas of critical habitat,parks, and other areas of conservation value. The local government should alsoidentify techniques for protecting those areas such as overlay districts or conservationzones. The comprehensive plan is the basis for the more technical and regulatingzoning and land use ordinances. Zoning ordinances provide the more detailedregulations of what actually can be done within a given zone or area. The localgovernment must guarantee that the public is given notice and opportunities to beinvolved throughout the entire planning process.Comprehensive Plans and Priority SitesWorking Together for Conservation in VirginiaThe Virginia legislature has adopted a streamlined process that allows anyland (or conservation easement over land) identified by a community’scomprehensive plan to qualify for Virginia’s tax credit for land donated forconservation purposes. This technique allows land trusts and other privateland acquisition organizations to influence their local governments torecognize properties of value in their comprehensive plans. If a property isyale school of forestry & environmental studies
SECTION 229already defined by a local government as land worth conserving, theproperty owner that donates the property will then qualify for state taxincentives for conservation purposes. If the property is not previouslydesignated as important to conserve, the property owner will have todemonstrate the conservation value by other means. This incentivizes bothlocal government and conservation organizations to designate property inthe comprehensive plan as important conservation property. For moreinformation visit http://dcr.vi.virginia.gov/land_conservation/lpc.shtml.Figure 1 One of the many maps accessible through the New Jersey Highland Council’s website. Visithttp://www.highlands.state.nj.us/.yale school of forestry & environmental studies
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