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HomeMy WebLinkAboutAgenda - 08-31-2006-2ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS WORK SESSION AGENDA ITEM ABSTRACT Meeting Date: August 31, 2006 Action Agenda Item No. a SUBJECT: Lands Legacy Action Plan for FY 2006 -08 DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y /N) No Conservation ATTACHMENT(S): 1. Draft Annual Action Plan 2006 -08 1.a. Map of Proposed Priority Areas 1.b. Acquisitions to Date (2000 -2006) 2, Expanding the Nature Preserves Concept (Upper Eno Preserve) 3, Modifying Lands Legacy Farmland Preservation Chapter 4. Assessment of Long -Term Protection Mechanisms for County Lands INFORMATION CONTACT: David Stancil, 245 -2590 Rich Shaw, 245 -2591 PURPOSE: To receive, provide feedback as necessary, and consider adoption of the draft Lands Legacy Action Plan for fiscal years 2006 -07 and 2007 -08. BACKGROUND: The Board of Commissioners adopted the Lands Legacy Program in April 2000. Through this program, Orange County seeks to protect its most critical natural and cultural resources through a variety of voluntary means. Since 2000, the County has acquired 1,663 acres for a variety of parks or conservation purposes such as new parklands, nature preserves, conservation easements on farmland and natural lands, cultural resources, and watershed buffer lands. The County has also participated in the acquisition or protection of an additional 1,197 acres with other partners during this same timeframe, for a total of 2,860 acres. Many of the projects are accomplished in partnership with other conservation entities, including Triangle Land Conservancy, Orange Water & Sewer Authority, Eno River Association, USDA and the Orange Soil and Water Conservation District, and adjoining local governments. The Lands Legacy Program is operationalized each two years by adoption of a two -year Action Plan. The Action Plan presented herein reflects acquisition priorities for the 24- month period beginning July 1, 2006 and ending June 30, 2008. Since the FY 2006 -07 fiscal year is already underway, some of the priorities listed in the plan are already familiar to the Board, such as the farmland conservation easement projects. Other projects are multi -year projects that are repeated from the previous action plan, Finally, as is the case with each Action Plan, some new potential projects are offered for the Board's consideration. As in years past, the draft plan was developed with input from citizen advisory boards (listed with their areas of expertise in parentheses): Commission for the Environment (natural areas, prime forest, riparian buffers), Agricultural Preservation Board (farmland preservation), Historic Preservation Board (historic and cultural resources) and the Recreation and Parks Advisory Council (parklands). Highlights of the 2006 -08 Action Plan are shown on the table on pages 10 -12 of the Plan — Pages 15 -17 of the entire agenda abstract package — (and illustrated in general on the large map within the document), and include: ➢ Acquire remaining unprotected portions of identified Natural Areas of National or State significance (Meadow Flats, Currie Hill, Mason Farm Oak - Hickory Forest, Sugar Maple Bottoms) with assistance from other conservation partners; ➢ Acquire land for a future Bingham Township park, in conjunction with the adopted plan, working with OWASA; ➢ Continue to acquire portions of identified Natural Areas and water quality critical lands for additions to the Seven Mile Creek Preserve° ➢ Complete farmland conservation easements (with USDA and OWASA matching funds) on over 650 acres of prime farmland (already underway); ➢ Continue to acquire land and easements for New Hope Creek public trail and wildlife corridor consistent with the New Hope Corridor Open Space Master Plan; ➢ Formalize protection of natural areas owned by Duke and UNC, and partnering with those institutions on conservation projects of mutual interest; ➢ Continue working with landowners interested in donating conservation easements in the Faucette Mill historic area along the Eno River; ➢ Acquire options for conservation easements to protect riparian buffers in the Upper Eno and Little River watersheds; apply for state grants (Clean Water Management Trust Fund, others) to offset County costs. A list of the accomplishments of the Lands Legacy Program over the first six years of the program is included, along with a map of those sites, as an attachment to the Action Plan. Finally, three issue papers are attached to the materials that reflect policy topics that staff would like to bring to the Board's attention. Research into these issues is proposed for the next several months as a starting point for further discussion. FINANCIAL IMPACT: Funds toward these priority projects over the two fiscal years (2006- 08) are present in the CIP (as both existing year and programmed future year expenditures). These include appropriations from the 2001 Parks and Open Space bond, alternative financing for conservation easements, and the Lands Legacy Opportunities Fund (pay -as- you -go funding). Where identified, the proposed funding source is listed in the attached Action Plan. For many projects, ERCD seeks grant funds from a variety of state and federal sources, Thus far, Orange County has received 11 grants totaling $3.7 million for the acquisition of lands through the Lands Legacy Program, In some cases, such as conservation easements and potential new projects, adequate funding may not exist to accomplish all of the proposed projects, necessitating further prioritization and /or additional funding in future years. Final decisions on funding for land acquisitions are made by the Board on a project -by- project basis, as potential purchases are presented for approval. As in previous acquisitions, in each case, separate project budgets with specific funding streams and amounts will be addressed at the time of purchase approval. RECOMMENDATION(S): The Manager recommends that the Board: a) Receive the draft Lands Legacy Program Action Plan for fiscal years 2006 -2008 and provide feedback to staff for further refinement and adoption. If ready, the revised plan would be placed on the September 12 consent agenda for approval; and b) If desired, consider the issue papers presented, and provide guidance to Staff for further consideration as needed. A7'TAc:1MF_r.li Orange County 6) Environment & Resource Conservation 306 -A Revere Road / PO Box 8181, Hillsborough, NC 27278 Phone: (919) 245 -2590, Pax: (919) 644 -3351 MEMORANDUM TO: Board of Commissioners John Link, County Manager FROM: David Stancil, Environment and Resource Conservation Director DATE: June, 15, 2006 RE: Draft Lands Legacy Action Plan 2006 -08 / Related Matters Please find attached the draft Lands Legacy Action Plan for the period July 1, 2006-June 30, 2008. Every two years, an action plan is adopted to identify the priorities for Lands Legacy in the upcoming two fiscal years. The current 2004 -06 Action Plan runs though June 30, 2006. As in previous efforts, the draft has been prepared by staff - based on comments solicited from the relevant advisory boards that are engaged in the component areas of Lands Legacy. These boards have once again provided valuable ideas on goals and objectives for the upcoming two years. The Action Plan itself includes these goals and objectives, followed by a priority list table for proposed acquisition targets, a map of these general areas, and review and summary information. As is always the case, many of the priorities listed are continuations of ongoing multi -year projects, and carry forward from the previous Action Plan. Attachment 1 to the Action Plan includes a listing and map of acquisitions to date In addition to the Action Plan, I have also included supplementary documents that focuses on three possible additions or changes to the program: 1. Expanding the Nature Preserve Concept for Additional Opportunities (Upper Eno Preserve) The County has made a great deal of progress toward the proposed Seven -Mile Creels Preserve, with over 300 acres acquired to date, but opportunities have arisen (and may continue) to expand this preserve concept to other parts of the Upper Eno basin, and beyond (Attachment 2). 2, Conforming Farmland Preservation Section to New Legislation Some clarifications and changes may be in order to take advantage of possible new grant funds from a revitalized N.C. Farmland Preservation Trust Fund (part of the Land for Tomorrow proposal). An appendix to the Lands Legacy document to accomplish this is proposed, Please see Attachment 3. 3. Potential Long -Term Protection Mechanisms The April 2000 Lands Legacy Program Policy document suggested that long -term mechanisms be examined at a subsequent date, and a memo (Attachment 4) assesses what would be involved in such a step. Since its inception, Lands Legacy has protected over 1,600 acres of parklands, natural areas and open space, watershed buffer lands, farmland and cultural resources. This has been accomplished in partnership with several land trust and local government partners. To date, over $9 million of funds approved by County voters or appropriated by the Board have enabled Lands Legacy to secure and leverage another $3.7 million in grant funds for County projects. Approximately 1000 acres of additional projects are pending finalization We look forward to presenting this plan to the Board and received the Board's input on our next two years of operation CO For the period July 1, 2006 - June 30, 2008 Introduction The Lands Legacy Program was adopted by Orange County in April 2000. Administered by the Environment and Resource Conservation Department (ERCD), the program's mission is to help protect the county's most important natural and cultural resource lands before they are damaged or lost. to incompatible development activities. The program is guided by an Action Plan developed by ERCD and adopted by the Board of Commissioners. The first Action Plan was a one -year plan adopted in May 2001. The now biannual Action Plan guides Lands Legacy acquisitions and protection for the specified years. The process of developing the Action Plan begins with staff identifying potential projects and asking the Board for initial guidance. Staff then meets with advisory boards for their input on development of priorities for the upcoming years. Using the advisory board recommendations, a draft Plan is presented to the Board of Commissioners for their consideration and input. The Action Plan is finalized in conjunction with the CIP process. The following is an Action Plan for the fiscal years 2006 -2008. The plan incorporates comments from four advisory boards, coupled with the continuation and completion of goals and objectives from the previous action plan. The Action Plan contains goals, a summary of advisory board comments, specific action objectives, and a priority list of land acquisition and protection projects for the coming two years. Also attached is a brief Performance Table for the first six years of the Lands Legacy Program (2000- 2006). (Note: Plans to continue to pursue grant funding for County projects are implicit.) 1. Upper Eno and Upper New Hope Riparian Buffers: Continue to protect riparian buffers in the Upper Eno River watershed critical area (including additions to Seven Mile Creek Preserve) and the Upper New Hope Creek watershed. 2. Faucette's Mill and Hall's Mill Historic Areas: Continue efforts to acquire conservation easements that would protect properties with historic structures and archaeological sites in the Faucette's Mill and Hall's Mill areas. 3. Agricultural Conservation Easements: Continue working with willing sellers (and partner entities) to acquire agricultural conservation easements in priority watersheds with assistance from the federal Farm and Ranch Land Protection Program. 4. Bingham Township Park: Identify locations for potential land acquisition to establish a new community park in the White Cross area (Bingham Township) —the last remaining park identified in the 1988 Master Recreation and Parks Plan. 5. Natural Areas and Prime Forests: Protect the highest priority natural areas and prime forests identified in the Orange County Inventory of Natural Areas and Wildlife Habitat (2004 update) and the Landscape with Wildlife reports (1997 -99). Begin to structure these areas within a framework of nature preserves, where possible. Lands Legacy Action Plan 2004 -06 draft June 13, 2006 6. Joint Town /County Open Space: Continue collaborating with the towns and other entities in acquiring land for establishing or expanding rustic trails or greenways identified in town plans that tie together important County-wide open spaces. 7. Natural Areas on University-owned Lands: Continue working with University of North Carolina and Duke University on the protection of natural Areas on university- owned lands through various voluntary means. A. Commission for the Environment (CfE) Continue efforts to protect Jordan Lake Macrosite (e.g., Mason Farm Oak - Hickory Forest), Seven Mile Creek Preserve (e.g., Sevenmile Creek Sugar Maple Bottoms), Upper Eno riparian buffers, Upper Bolin Creek corridor, and University natural areas. Pursue protection of highest priority natural areas still unprotected: Meadow Flats, Currie Hill, University Lake Slopes and Morgan Creek Bluffs. Identify key tracts for the proposed NC Mountain to Sea Trail along the Eno /Seven -Mile /Crabtree to Cane Creek corridor. Continue to explore potential pilot project to restore or reconstruct a piedmont prairie site B. Agricultural Preservation Board (APB) Continue purchase of farmland conservation easements from willing sellers. Focus on active farms in the Cane Creek, University Lake, Upper Eno, Little River and Back Creek watersheds— working to build a critical mass of farm easements in those watersheds. Augment County funds by pursuing grants (e.g., FRPP) in cooperation with partner agencies (e.g., OWASA, NRCS /Soil and Water Conservation District). Continue outreach to farm community. C. Recreation and Parks Advisory Council (RPAC) Acquire land for a new community park in Bingham Township. Consider lands with access to public water, sewer and public transportation so that future facilities could accommodate large public gatherings. For instance, RPAC would like to see such facilities as an amphitheatre or multi - purpose gymnasium, which would serve public needs and also generate revenue. D. Historic Preservation Commission (HPC) Continue efforts to protect areas of historic significance in the Hall's Mill and Faucette's Mill communities. Pursue the protection of archaeological sites in New Hope Creek corridor (possible Native American site), McGowan Creek corridor (mill site and tobacco plug factory), and ammunition bunkers near Smith Level Road. Protect "heritage corridors" with both cultural and scenic value (e.g., St. Mary's Road) and other cultural /archaeological sites whenever possible (e.g., Murphey School). Establish "archaeology emergency fund" for unanticipated costs associated with protecting archaeological sites and /or Ir51 Lands Legacy Action Plan 2004 -06 draft June 13, 2006 ME historic roads. Acquire sites with historic structures so long as those structures are appropriately preserved and maintained. The following are more specific acquisition objectives developed from existing plans, discussions with land conservation partners— in some cases expanding upon or refining advisory board recommendations. These are not listed in priority order. A. Natural Areas and Wildlife Habitat • Work with partners to protect (through acquisition or other means) the higher priority Natural Areas as identified in the Inventory of Natural Areas and Wildlife Habitat (2004 update), including Mason Farm Oak - Hickory Forest, Meadow Flats, Currie Hill, University Lake Slopes, and Morgan Creek Bluffs • Protect the highest priority prime forest areas identified in A Landscape With Wildlife: Part 2 (Wiley, Ludington and Hall, 1999) • Work with the Eno River Association and others to protect (through acquisition and other means) critical land for the Seven Mile Creek Preserve, including Sevenmile Creek Sugar Maple Bottoms • Work with the Eno River Association and others to protect (through acquisition and other means) other priority riparian lands and upland habitats in the Upper Eno River watershed critical area and lands adjacent to Eno River State Park • Work with Triangle Land Conservancy and others to protect (through acquisition and other means) priority riparian lands and prime forest lands located in the Upper New Hope Creek watershed in central Orange County • Work with the Town of Carrboro, University of NC and the Friends of Bolin Creek to identify priority lands for potential protection (through acquisition and other means) the headwater section of the Bolin Creek corridor B. Farmland Preservation • Work with the Orange NRCS /Soil and Water District and OWASA to identify and prioritize willing seller(s) and donor(s) of conservation easements. (Where possible, build a critical mass of protected lands in these watersheds.) • Preserve farmland that also contains riparian buffers to help meet multiple conservation objectives (i.e., water supply protection, wildlife habitat) in the Cane Creek, Upper Eno, University Lake, Little River and Back Creek watersheds. • Work with the Orange NRCS /Soil and Water District to secure grant funds from the federal Farm and Ranch Land Protection Program for acquiring agricultural conservation easements C. Parklands and Open Space • Identify potential locations for future acquisition of land in the White Cross area of Bingham Township for a community park 3 Lands Legacy Action Plan 2004 -06 draRJune 13, 2006 - Acquire key "missing link" properties for proposed Northern Chapel Hill Township Rustic Woodland Trail (linking Chapel Hill /Carrboro /County parks with the New Hope Creek corridor, including Duke Forest, and eventually Eno River State Park) Identify key parcels needed for a combination public pedestrian trail and wildlife corridor that would connect Qcconeechee Mountain to the Cane Creek reservoir for the proposed NC Mountains to Sea Trail In all acquisitions, be cognizant of the potential for meeting other objectives of protecting riparian buffers, natural areas and historic /archaeological sites D. Cultural and Archaeological Sites • Continue working with landowners in the Faucette's Mill and Hall's Mill areas to protect the combination of historic and natural features in those communities • Conduct archaeological surveys of county properties acquired for future parks and nature preserves (e.g., McGowan Creek Preserve, Millhouse Park) • Work with the HPC and others to accomplish preservation of cultural and archaeological sites associated with land acquisition projects E. Watershed Riparian Buffers • Protect riparian corridors in the Upper Eno River protected watershed; partner with the Eno River Association and others; pursue grant funds from the NC Clean Water Management Trust Fund, Ecosystem Enhancement Program, and Upper Neuse Clean Water Initiative • Identify and protect priority areas in the Little River watershed; partner with the Eno River Association and Triangle Land Conservancy where appropriate; pursue grant funds from the Upper Neuse Clean Water Initiative • Identify and protect priority areas in New Hope Creek corridor; work with New Hope Creek Corridor Advisory Committee and the Triangle Land Conservancy • Identify priority areas for protection in the Morgan Creek corridor in cooperation with the Morgan Creek Valley Alliance and others • Identify priority areas for protection in the Bolin Creek corridor; collaborate with Friends of Bolin Creek, the Town of Carrboro, the University of NC, and others • Preserve riparian buffers in other water supply watersheds through parkland acquisitions and agricultural conservation easement projects 0 O = ti m e a L° 0 O a N` W O w L O L U �O a L C O ;b O • Cl. a R o � Q � O a a .ti❑ p T o6 �" m > C Gn tY ..0 Oai C, v d N O �� o, b 9 � R o `� Gam° ' pp q 'S[ O� E o 2 a 'OO .D O' G O F, ttl p C ° A O T O b ttl G. 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Explore the potential for establishing and managing a system of larger Orange County Nature Preserves, including an Upper Eno Nature Preserve and an expanded New Hope Preserve. 2. Work with advisory boards to develop a Countywide Farmland Protection Plan for possible adoption as part of the Lands Legacy Program. 3. Explore the potential for establishing an Orange County Land Trust or Open Space Authority as envisioned by the Lands Legacy program document. 4. Begin identifying key parcels for the proposed segment of the NC Mountains to Sea Trail corridor between Occoneechee Mountain and the Haw River. 5. Re- convene the Orange County Land Conservation Alliance to discuss progress and potential opportunities for collaboration with other conservation partners. 6. Continue exploring potential pilot project to restore /reconstruct a piedmont prairie site in partnership with others (NC Botanical Garden, universities, NRCS). 7. Continue outreach with civic organizations, neighborhood groups, and others to discuss the Lands Legacy Program and conservation options. 8. Compile land acquisition inquiries and potential opportunities from landowners and other partners, and present to the Board's for direction on whether to pursue acquisition. The first five years of the Lands Legacy Program saw tremendous strides in the protection of priority resource lands, with 1,641 acres permanently protected (as of May 2006) and several more projects in the works. The FY 2006 -08 Action Plan will build on projects from previous years, and includes additional projects in each of the Lands Legacy priority areas (natural areas, parkland, cultural/ historic resources, prime farmland and riparian buffers in potential wildlife corridors and public water supply watersheds. This Action Plan will further the use of 2001 parks and open space bonds funds to protect high priority resource lands in Orange County. 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U) LL o LL (0 o U� cu LL j2 CL) -2 (D C) 9 a) 2 (1) a) LE --Z cp E Cl (D -R -�� = 2 'Fu > = = 0 15 a) 10-- co cu co 1 3: () :2 .2 0 -21 :02 Y 1-1 Land Legacy Program lg Acquisitions 2000 -2006 Lewis' Heartleaf Preserve Northern Park Little River a Regional -Park 1 ers Walters II Confluence of .D the Eno Ward Farm McGowan Creek Preserve Seven Mile Creek Preserve N � N Steep; Bottom � Mlles McPherson Farm Branch Blackwood Farm v Starfield Shy Farm & Future Millhouse Natural Area Road Parkland Cheek Farm New Hope Preserve Lloyd Farm Twin Cree'ks'- Keith Arboretum & Preserve Adams Preserve` I Land Legacy Acquisitions (2000 -2006) Conservation Easement Purchase Streets County Orange County Environment & Resource Conservation Department M Jones 8126106 Attachment 2 0 Expanding the Nature Preserve Concept for Additional Opportunities (Upper Eno Preserve) May 3, 2006 Background The adopted Lands Legacy Program Policy document (April 4, 2000) formally introduced the concept of a Nature Preserve - coordinating the protection of significant natural resource lands in close proximity to each other, as a "critical mass" for conservation purposes. Since this time, this concept has been operationalized in subsequent Lands Legacy Action Plans, with two emergent Nature Preserves (Seven - Mile Creek, New Hope) that are being created over time. In this sense, a Nature Preserve is generally defined as an area with a primary purpose of the protection of identified natural areas and wildlife habitat, prime forests, or lands of other ecological significance or sensitivity. A Nature Preserve is something between a Park (which has generally open public access) and a Natural Area (an identified habitat site protected but not open to the public) in that the most sensitive portions of a Nature Preserve site are left undisturbed and protected from human impacts, but a secondary purpose of limited public access, nature study and low- impact recreation in the less - sensitive portions of the site is appropriate. There are a number of examples, both locally and nationally, of this approach. Lands Legacy Action Plans since 2001 have elaborated on that concept to pursue the creation of a nature preserve in the Seven -Mile Creels basin southwest of Hillsborough. The Seven -Mile Creek basin is a self - contained unit of the larger Upper Eno watershed, and remains largely undeveloped and has few crossing roadways. More recently, acquisitions in 2005 by the County, other local governments, and land trust partners have begun to protect a corridor of land along the lower New Hope Creek between Erwin Road and the Durham County line. This grouping of acquisitions, known as the future New Hope Preserve, is continuing at this time. Back at Seven -Mile Creek, acquisitions have been accomplished and are still underway to tie together 160 acres acquired by the County in the 1970's with additional adjoining lands of resource significance. Approximately 300 acres is now owned by the County for the Preserve, with ongoing activity by both the County and the Eno River Association expected to add to that total in coming years. In recent years, additional acquisitions in nearby segments of the larger Upper Eno watershed have been accomplished to protect water quality or sensitive natural resource lands, and other opportunities are presenting themselves. The McGowan Creels Preserve (63 acres of former Duke Forest lands) and the Confluence of the Eno conservation easement (24 acres) are examples of projects completed in this area to date, and there are Attachment 2 ao other pending projects in the current Lands Legacy Action Plan that would further add protected lands along the Eno. Looking at the larger picture and emerging opportunities, there appears to now be potential for expanding the Seven -Mile Creels Preserve concept northward to the Upper Eno, creating a larger Upper Eno Preserve network of lands along the Eno and its main tributaries. Likewise, opportunities may exist for expansion of the New Hope Preserve westward along the headwaters of New Hope Creels in conjunction with Duke Forest and other conservation partners. Further study and formalization of this concept may also assist other County goals, including watershed protection and growth management. For example, a Nature Preserve could also work in tandem with a Transfer of Development Rights program, if implemented in the future, as a possible "sending area." Considerable additional detail is needed for these projects, including formal inclusion in the Comprehensive Plan, how public access would work, and what lands would be priorities for possible acquisition from willing landowners, to further the creation of such nature preserves. A draft Interim Stewardship Plan for the Seven -Mile Creels Preserve (as has already been prepared and presented for the Blackwood Farm property), has been created and will be presented to the Board in August/September. Recommendation Staff proposes to create a report during FY 2006 -07 that explores the potential for an expanded Upper Eno Nature Preserve of natural areas and open space lands, including priority lands generally from the West Fork Reservoir /Lake Orange area south to the Seven -Mile Creek lands. The report would also assess possibilities for expansion of the New Hope Preserve westward along New Hope Creek. The report would further refine the components and characteristics of a Nature Preserve, which could accomplish a variety of different goals. This would be consistent with the work accomplished to date on the Natural Areas Component of the planned Natural and Cultural Systems Element of the Comprehensive Plan, and the recommendations of the State of the Environment reports of 2002 and 2004. In addition, the report would address the mechanisms for working with landowners and potential partners, and explore appropriate locations for public access areas. Possible interactions with other County goals, including transfer of development rights and watershed protection, would be explored with the assistance of County staff. Finally, the report could also examine whether the potential for other nature preserves exists for current protected lands in the County, and look at nature preserve programs in other counties around the Unites States. Attachment 2 0 It should be noted that a Nature Preserve in this context is not envisioned as an area where all lands would be protected, but rather a corridor of strategic locations, working with willing landowners, where critical masses of open space lands could be acquired and linked together with other parts of the preserve. In many ways, one could view the evolution of Eno River State Park over the last 20 years as a mirror of this model. As always, the Lands Legacy Program seeks to acquire priority lands voluntarily - working only with willing landowners. The creation of a Nature Preserve by necessity would evolve over years, or even decades, as lands become available and funds permit. Attachment 39 Modifying Lands Legacy Farmland Preservation Chapter to a Comply with Article 61, Chapter 106 of N.0 General Statutes ( "Agricultural Development and Preservation of Farmland ") May :31, 2006 Background Legislation in 2003 and again in 2005 amended sections of the NC General Statutes that address the preservation of farmland. In particular, NCGS 106 -744 (`Purchase of Agricultural Conservation Easements; Establishment of North Carolina Agricultural Development and Farmland Preservation Trust Fund') modifies the way matching funds for grant monies toward this purpose are made available. The provisions provide for different levels of local matching dollars based on the economic "tier" of the County and whether the County has a "countywide farmland protection plan." Orange County is a "Tier 5" county, and Tier 5 counties must provide a 30% match if they have no countywide farmland protection plan, but only a 15% match if they do. Orange County' Lands Legacy Program predates this legislation, and incorporates many of the provisions of a "countywide farmland protection plan" already, including some criteria not required by the statutes. However, there are some components of the new legislation that may not exist in the form described: A Countywide Farmland Protection Plan, as described in NCGS 106 -744 (e), is a plan that satisfies all of the following requirements: L A list and description of existing agricultural activity in the County, 2, A list of existing challenges to continued family farming, 3. A list of opportunities for maintaining or enhancing small, family -owned farms and the local agricultural economy, 4. Describes how the county plans to maintain a viable agricultural community and address farmland preservation tools, including a. Agricultural economic development b. Farm diversification and marketing assistance c. Other agricultural technical assistance, such as farm infrastructure financing, farmland purchasing, linking with younger farmers, and estate planning; d. The desirability and feasibility of donating conservation easements, and e. Entering into voluntary agricultural districts; and ' The Farmland Preservation Trust Fund has been in existence since the 1990's, and the County first farmland easement (Victor Walters) was funded with this source. However, since 2001, the Trust Fund has had no funds appropriated. The proposed Land for Tomorrow and other initiatives would provide significant new funds to this program. Attachment 3 a3 5. A schedule for implementing the plan and identification for possible funding sources for long -term support. Much of this information already exists for Orange County and is incorporated into the Lands Legacy Program document, Lands Legacy Action Plans, a variety of documents and reports on agriculture over the years, or is a part of ongoing work in agricultural economic development. However, in order to meet with the spirit of these provisions, some collating and updating of information is needed, specifically to address items 1 -3 above and incorporate the work toward item 4 and 5 into one document. On a related note, the legislation from 2005 also includes a potential new category of Voluntary Agricultural Districts (the non- binding, non - purchase farmland protection program in existence in Orange County since 1992). As part of this, the N.C. Department of Agriculture is looking at possible term conservation easements, which expire at the end of a set period of time. To date, the County and other easement holders have negotiated and hold perpetual easements. The Agricultural Preservation Board will soon be taking up these potential new "Enhanced Voluntary Agricultural Districts" provisions, and developing recommendations regarding any suggested changes to the local Voluntary Farmland Protection Program ordinance. This review is not directly related to the Lands Legacy Program and its ongoing farmland conservation easements activity, but the results of the review will be analyzed at a future date. Recommendation Staff proposes to create an Appendix to the Lands Legacy Program Policy document (adopted April 4, 2000) that coordinates the needed information in a manner that satisfies the legislation's description of a Countywide Farmland Protection Plan. The appendix would be reviewed by the Agricultural Preservation Board, the Soil and Water District Board, and the Economic Development Commission, and then presented to the Board of Commissioners for inclusion as an appendix in the Lands Legacy Program document, in the first half of calendar year 2007. Attachment 4 Q4 Assessment of Long -Term Protection Mechanisms for Lands Legacy May 31, 2006 Background In 2000, Orange's County's nationally - recognized Lands Legacy Program created a mechanism for the County to acquire, hold and maintain lands of important natural and cultural resource significance. To date, over 1,600 acres have been acquired through purchase or donation, fee - simple ownership or conservation easement, and these lands are being monitored and stewardship performed in keeping with stewardship plans or easement provisions. In many ways, the Lands Legacy Program functions as a County land trust, although it is not formally such. The adopted Lands Legacy Program Policy Document (4/4/00) envisioned that such a mechanism might bear further review over time, and suggested that the potential for formally addressing long -term protection strategies for Lands Legacy (including exploration or creating a local government land trust or open space authority) be examined after a period of years, Since May 2006 marks five years since the first Lands Legacy Action Plan was adopted (May 3, 2001), staff is prepared to examine this issue further, if the Board desires, There are a broad spectrum of permanency mechanisms that may exist, ranging from creation of open space authorities and non - profit land trusts affiliated with local governments, to partnerships with existing land trusts, to creating a formal registration of lands as being within the "Lands Legacy Program" (as done with the NC Natural Heritage Program), Although uncommon, there were at least five (and perhaps more) Local Government Land Trusts (LGLT's) in operation in the United States in 1998, based on research conducted at that time: ❑ The Annapolis Conservancy (Annapolis, MD) ❑ Block Island Land Trust (Shoreham, RI) ❑ Boulder Land Trust (Boulder, CO) o Davis Rural Land Trust (Davis, CA) ❑ Narragansett Land Trust (Narragansett, RI) ❑ Severn River Land Trust (Anne Arundel County, MD) Research conducted for the Lands Legacy Program Policy Document in early 2000 looked at these known LGLT's, and briefly at the potential for a different structiure permitted under N.C. General Statutes, an Open Space Authority (OSA). An Open Space Authority would require special legislation to create an "authority" (the same basic premises and statutes as OWASA is constituted, for example). No such authorities exist in North Carolina for open space, but these entities do exist in other states, such as Monroe County, FL. Attachment 4 as An alternative to this substantial and structural change is creation of a partnership with existing land trusts that have charters requiring the perpetual protection of lands. In this scenario, the County might partner with (depending on the area of the County) an organization such as Triangle Land Conservancy, the Eno River Association or the Conservation Trust for additional land protection through a granted conservation easement on lands acquired and owned by the County for Lands Legacy. The Board may recall that such an arrangement has been used with the Town of Carrboro for the County's participation in the Adams Tract, and the concept of an additional -party easement holder is also proposed for the jointly -held open space portions of the Greene Tract. A less - formal measure that could also be explored is that of registering or enrolling lands in the County's Lands Legacy Program, to provide a special status and recognition. This is similar to an approach taken by the N.C. Natural Heritage Program, which encourages landowners to "register" their lands with the program, recognizing their existence and importance, without a more formal protection measure that may be accomplished at a later date. Recommendation Since it has been six years since this topic was researched, staff proposes to contact these other local government land trusts (and any new ones formed) and examine their status, successes and obstacles. In addition, staff would explore the partnership option with existing land trusts, and discuss with the N.C. Natural Heritage Program the successes and challenges in their program of registering lands. All of this information would be incorporated into the report, which may include options for long -term mechanisms. This report could be prepared and presented prior to the end of calendar year 2006, (assuming no other new substantive research assignments).