Mythbusting!

I’d like to use our column this month to address some of the misconceptions about land preservation that I’ve encountered over the years.

Myth 1: The Land Conservancy pays people to put utility scale solar developments on their land. Truth: In fact, conservation easements prevent this type of development! None of the solar panel installations that you’ve seen in the county are on preserved lands. Conservation easements limit where and what kinds of development can take place on a property.  Renewable energy structures *may* be allowed in a limited amount to allow the farm to generate energy for its own use. But since the purpose of conservation easements is to protect open space, farmland, natural ecosystems, historic landscapes, or recreational areas, large-scale solar developments are not allowed since they don’t promote those resources.

Myth 2: Landowners can take their land out of preservation by paying back the value of the easement. Truth: Conservation Easements are in perpetuity, and they cannot be extinguished. They run with the land, meaning that when a preserved property is sold or passed on to heirs, the easement still applies to the property.

Myth 3: My property is preserved if it’s enrolled in Clean & Green. Truth: Clean & Green is a program to reduce property taxes for people who own land that qualifies as either being in Agricultural Use, Agricultural Reserve, or Forest Reserve. Landowners can get out of the program simply by paying “roll-back” taxes for the previous seven years – and then they are free to develop their land! The Clean & Green program also allows landowners to subdivide off two acres per year with no penalty. Nor is there a penalty if someone subdivides off enough acreage to qualify for its own enrolment in Clean & Green. And since the minimum is just 10 acres, this often results in farms being subdivided into large “estate lots” that stop being farmed and instead become lawns that are “reserved” for agriculture. But did you know – the Agricultural Reserve category requires that the property be open to the public in some way! In 2022 the county had over 600 properties and 9,600 acres enrolled in the Agricultural Reserve category. That’s more land than the Gettysburg National Military Park! Are you wondering where these parcels are that you might go bird watching or strolling? Well, like most counties in Pennsylvania, Adams County does not publish such a list. So those folks are getting a property tax break without providing the public benefits of local farmland or recreational areas.

Myth 4: The Land Conservancy wants to stop development. Truth: We want to see development occur in the right places! That means where there’s already infrastructure – like water and sewer service – and community resources like schools, grocery stores, and hospitals. To make sure that our towns and boroughs thrive, growth should be focused around them, and our countryside should be protected from disorganized development. Unfortunately, many governmental tools to protect open spaces don’t last forever – zoning can be changed, properties can be taken out of Clean & Green – so the only way to permanently preserve land is through conservation easements with a land trust like the Land Conservancy, or with the county’s Agland Preservation Program.

Sarah Kipp is the Conservation Director of the Land Conservancy.  The Land Conservancy of Adams County is a fully accredited, member-supported, non-profit land trust with the mission to preserve the rural lands and character of Adams County. For more information, visit PreserveAdams.org.

photo by Sal Chandon