Successful Community Strategies to Protect Open Space

July 2003
Citation:
33
ELR 10537
Issue
7
Author
John R. Nolon

The preservation of open space has captured the public's imagination. Taxpayers are lining up to vote in favor of referenda authorizing their local or state governments to borrow funds to purchase open land or its development rights. Environmental groups are forming coalitions to support public acquisition of open space and the adoption of laws regulating development in and around open lands. Opponents of urban sprawl target the loss of open space as one of the major impacts of runaway development. The loss of open space is associated with the general degradation of the quality of community life. What is happening to open space is what is happening to the local environment, in the broadest sense of the word.

"Open space" is not easily defined. It includes parks, ball fields, pastures and meadows, scenic vistas, and fragile environmental areas, such as wetlands, ridgelines, and habitats. Some open lands—farms or fisheries, for example—are working spaces. Others are critical to the community's environment, while still others are simply undeveloped. One town defines open space legislatively as "land left in its natural state for conservation purposes or devoted to recreation or used for the preservation of distinctive, architectural, historic, geologic and botanical sites."

[Editors' Note: This Article appears, in part, in the book Open Ground: Effective Local Strategies for Protecting Natural Resources, which is the third of three books by Professor Nolon that have been published recently by the Environmental Law Institute (ELI). Together, the three volumes fully describe the role of local governments in promoting sound land use and conservation practices in the federal system. The other two books are: Well Grounded: Using Local Land Use Authority to Achieve Smart Growth and New Ground: The Advent of Local Environmental Law. These publications can be ordered by either calling ELI at 800-433-5120 or logging on to the ELI website at http://www.eli.org.]

John R. Nolon is Professor of Law at Pace University School of Law, where he teaches property, land use, and environmental law, and is the Director of the Land Use Law Center. He is also an adjunct professor at Yale University where he teaches local environmental law and land use practices.

You must be an ELR-The Environmental Law Reporter subscriber to download the full article.

You are not logged in. To access this content:

Successful Community Strategies to Protect Open Space

SKU: article-24767 Price: $50.00