I'd strongly suggest that we support HB403 ("An act eliminating the requirement that local option cluster development and open space regulations mandate that open space in cluster developments must solely be preserved through an irrevocable conservation easement...").
HB403 solves a problem created in 2001. Current law requires a conservation easement in the local option cluster development regulations, which contradicts the State and County's position that conservation easements should be voluntary. "Mandatary" easements are not eligible for tax incentives/breaks, further reducing the effectiveness of the original bill's intent to encourage clustering. This amendment will encourage cluster development and protection of valuable resources while concurrently giving landowners more options for development and protection of their lands.
HB403 would change cluster development requirements for subdivisions. The bill removes the provision that conservation easements are the only way to permanently protect open space in a cluster development. Instead it specifies several mechanisms that could be used.
Requiring that land be permanently protected in order to receive certain development incentives makes sense. However, requiring a conservation easement is counter to what this tool was designed for. The lack of other mechanisms to protect open space is a barrier to the use of the potentially very valuable cluster development standards.
We support this bill because it allows more flexibility and discretion to both local governments and landowners. It will also retain the use of conservation easements as a voluntary option. In addition, the bill could well encourage the construction of lower cost housing as cluster developments become more attractive to new homeowners.
Pat O'Herren: 1) The bill removes mandates for conservation easements and enhances the ability of, and incentive for, developers and landowners to cluster new development. 2) The bill restores the voluntary nature of conservation easements which can provide economic advantages to landowners with working agricultural and timbered lands.
Support: HB 403 allows other ways to preserve open space in a cluster subdivision by irrevocable easement, covenant, deed restriction, or other servitude or instrument prohibiting further subdivision, division, development of the open space parcel. Current law requires conservation easement in perpetuity. The methods of preserving open space provided in county sub regulations for cluster subdivisions are about the same as proposed in the bill.
This does open the possibility that the open space could be dedicated as common area also. This would mean it would be managed by an HOA. However, the common area could still be safeguarded by requiring language in the covenants that don't allow a change to the common area provisions unless the governing body allows it.
Message sent to Missoula Reps: Missoula County supports House Bill 403 - revise cluster development law, before the House Local Government Committee this afternoon. HB 403 removes mandates for conservation easements and enhances the ability of, and incentive for, developers and landowners to cluster new development. The bill restores the voluntary nature of conservation easements which can provide economic advantages to landowners with working agricultural and timbered lands. HB 403 allows more flexibility and discretion to both local governments and landowners. Please support HB 403. Respectfully, Dale Bickell on behalf of the Board of County Commissioners
Sent the following to Reps Barrett, Bennett, Malek, Reinhart:
Missoula County supports House Bill 403 - revise cluster development law, before the House Local Government Committee this afternoon. HB 403 removes mandates for conservation easements and enhances the ability of, and incentive for, developers and landowners to cluster new development. The bill restores the voluntary nature of conservation easements which can provide economic advantages to landowners with working agricultural and timbered lands. HB 403 allows more flexibility and discretion to both local governments and landowners. Please support HB 403. Respectfully, Dale Bickell on behalf of the Board of County Commissioners
We continue to support this amended bill. It provides clarity and guidance when the development and conservation communities consider open space and conservation easements as tools to protect and enhance private property rights.
Missoula County supports House Bill 403 - revise cluster development law, before the Senate on 2nd reading this afternoon. HB 403 removes mandates for conservation easements and enhances the ability of, and incentive for, developers and landowners to cluster new development. The bill restores the voluntary nature of conservation easements which can provide economic advantages to landowners with working agricultural and timbered lands. HB 403 allows more flexibility and discretion to both local governments and landowners. As amended, HB 403 provides clarity and guidance when the development and conservation communities consider open space and conservation easements as tools to protect and enhance private property rights. Please support HB 403. Respectfully, Dale Bickell on behalf of the Board of County Commissioners
Pat O'Herren writes:
ReplyDeleteI'd strongly suggest that we support HB403 ("An act eliminating the requirement that local option cluster development and open space regulations mandate that open space in cluster developments must solely be preserved through an irrevocable conservation easement...").
HB403 solves a problem created in 2001. Current law requires a conservation easement in the local option cluster development regulations, which contradicts the State and County's position that conservation easements should be voluntary. "Mandatary" easements are not eligible for tax incentives/breaks, further reducing the effectiveness of the original bill's intent to encourage clustering. This amendment will encourage cluster development and protection of valuable resources while concurrently giving landowners more options for development and protection of their lands.
Pat O'Herren writes:
ReplyDeleteHB403 would change cluster development requirements for subdivisions. The bill removes the provision that conservation easements are the only way to permanently protect open space in a cluster development. Instead it specifies several mechanisms that could be used.
Requiring that land be permanently protected in order to receive certain development incentives makes sense. However, requiring a conservation easement is counter to what this tool was designed for. The lack of other mechanisms to protect open space is a barrier to the use of the potentially very valuable cluster development standards.
We support this bill because it allows more flexibility and discretion to both local governments and landowners. It will also retain the use of conservation easements as a voluntary option. In addition, the bill could well encourage the construction of lower cost housing as cluster developments become more attractive to new homeowners.
Pat O'Herren:
ReplyDelete1) The bill removes mandates for conservation easements and enhances the ability of, and incentive for, developers and landowners to cluster new development. 2) The bill restores the voluntary nature of conservation easements which can provide economic advantages to landowners with working agricultural and timbered lands.
Denise Alexander:
ReplyDeleteSupport: HB 403 allows other ways to preserve open space in a cluster subdivision by irrevocable easement, covenant, deed restriction, or other servitude or instrument prohibiting further subdivision, division, development of the open space parcel. Current law requires conservation easement in perpetuity. The methods of preserving open space provided in county sub regulations for cluster subdivisions are about the same as proposed in the bill.
This does open the possibility that the open space could be dedicated as common area also. This would mean it would be managed by an HOA. However, the common area could still be safeguarded by requiring language in the covenants that don't allow a change to the common area provisions unless the governing body allows it.
Message sent to Missoula Reps:
ReplyDeleteMissoula County supports House Bill 403 - revise cluster development law, before the House Local Government Committee this afternoon. HB 403 removes mandates for conservation easements and enhances the ability of, and incentive for, developers and landowners to cluster new development. The bill restores the voluntary nature of conservation easements which can provide economic advantages to landowners with working agricultural and timbered lands. HB 403 allows more flexibility and discretion to both local governments and landowners. Please support HB 403.
Respectfully,
Dale Bickell on behalf of the Board of County Commissioners
Sent the following to Reps Barrett, Bennett, Malek, Reinhart:
ReplyDeleteMissoula County supports House Bill 403 - revise cluster development law, before the House Local Government Committee this afternoon. HB 403 removes mandates for conservation easements and enhances the ability of, and incentive for, developers and landowners to cluster new development. The bill restores the voluntary nature of conservation easements which can provide economic advantages to landowners with working agricultural and timbered lands. HB 403 allows more flexibility and discretion to both local governments and landowners. Please support HB 403.
Respectfully,
Dale Bickell on behalf of the Board of County Commissioners
Pat O'Herren wrote:
ReplyDeleteWe continue to support this amended bill. It provides clarity and guidance when the development and conservation communities consider open space and conservation easements as tools to protect and enhance private property rights.
Sent the following to Missoula Senators.
ReplyDeleteMissoula County supports House Bill 403 - revise cluster development law, before the Senate on 2nd reading this afternoon. HB 403 removes mandates for conservation easements and enhances the ability of, and incentive for, developers and landowners to cluster new development. The bill restores the voluntary nature of conservation easements which can provide economic advantages to landowners with working agricultural and timbered lands. HB 403 allows more flexibility and discretion to both local governments and landowners. As amended, HB 403 provides clarity and guidance when the development and conservation communities consider open space and conservation easements as tools to protect and enhance private property rights. Please support HB 403.
Respectfully,
Dale Bickell on behalf of the Board of County Commissioners