H. 3118: AN ACT AMENDING THE CONSERVATION RESTRICTION

AND AGRICULTURAL PRESERVATION STATUTES

Conservation restrictions (CRs) are permanent restrictions on the use of privately owned property which are designed to protect the conservation values of the land. Agricultural Preservation Restrictions (APRs) are a certain type of CR which is purchased by the Department of Food and Agriculture and is specifically designed to help farmers protect the agricultural viability of their land. Voluntary protection of privately owned lands through CRs and APRs has protected hundreds of thousands of acres of in Massachusetts.

This important bill will strengthen conservation restrictions as a tool for protecting land and will support the state's agricultural preservation program. H. 3118 amends the state's Conservation Restriction Act (Chapter 184) and Agricultural Preservation Restriction Act (Chapter 132A) to accomplish the following objectives:
  1. Require that no CR could be released without a two-thirds vote of each branch of the legislature. While this is currently state policy based on a 1973 opinion of the Attorney General, enactment of this policy into law would avoid foreseeable challenges to that policy.
  2. Clarify that the common law doctrine of "merger of interests" does not apply to CRs. This would remove the very real possibility that, under the merger doctrine, the restriction would disappear or merge with the land title if a holder of the restriction (the entity responsible for enforcement of its provisions) later becomes the owner of the restricted parcel. Proponents believe that a CR should only be released, amended or extinguished as provided in the Conservation Restriction Act.
  3. Clarify the standards for taking of restrictions by public utilities as authorized by the Department of Telecommunications and Energy. These clarifications are the result of successful negotiations with the utility industry and provide a clear and well-established mechanism for release of restrictions that lie in the path of pipeline or transmission line corridors while ensuring that the broad conservation values of these restrictions are respected.
  4. Authorize the Commonwealth to co-hold APRs with land banks, non-profit land conservation trusts, and other charitable corporations (as well as municipalities which are already so authorized) in exchange for assistance to the Commonwealth in funding, acquiring or enforcing these restrictions.
  5. Clarify and simplify the definition of APRs to give the program more ability to tailor the specific terms of each restriction to the particular circumstances of each property involved.

Conservation restrictions have become increasingly important as a land protection tool in Massachusetts. By strengthening the durability of CRs, H. 3118 will help to ensure that important natural areas protected by CRs will in fact endure. Enabling land trusts and other charities to co-hold APRs with the Department of Food and Agriculture will assist the Department in negotiating, funding and enforcing these restrictions and in accomplishing the Commonwealth's farmland preservation goals.

For more information on this bill, please contact The Trustees of Reservations
(978-524-1869 or landcons@ttor.org)