After Gov. Andrew Cuomo signed legislation into law allowing conservation easement exemptions for Bethlehem landowners, the town board took action on its local law last week.
The town passed a “bare bones” version of the law on Wednesday, Aug. 27, which includes all of the state’s mandates and allows the town to take advantage of the governor’s approval. Further requirements and qualifications specific to Bethlehem will be determined through recommendations from a Conservation Easement Advisory Group, to then be passed through a resolution of the town board.
“We’re passing something we’re very sure of. Indeed it’s the only thing we can pass at this time. We’re very much governed by the state law in this case,” said Supervisor John Clarkson. “We want to do so with all due speed so land owners can have the time to consider whether or not they want to do this, particularly in the first year. They’ll have to make up their mind prior to March 1, or wait until next year.”
Clarkson said he hopes to have the law passed, the mission described and a Conservation Easement Review Board appointed, all by the early fall. This will give landowners more time to think about applying for the coming year.
The supervisor also agreed to set up a public meeting with large landowners before the next town board meeting.
At the public hearing, most were in favor of the proposal but still had questions.
One resident asked if they would still be able to log their land, and who would police the areas to make sure no development occurs. Planning Director Rob Leslie said all uses of the land would need to be discussed with the Conservation Review Board and placed within the agreement the landowner signs with the town. He also said in other communities, sometimes the Building Department checks the land or a review board member visits once a year.
Town Attorney Jim Potter said landowners would also need to file documents with the town’s Planning or Zoning Department for development to take place, which could also act as a self-policing measure.
For years, different advisory groups have suggested a conservation easement for the town, but the idea was reintroduced in February as a possible goal for the Bethlehem’s new Open Space Technical Advisory group. Some large land owners were also interested in an exemption during the recent reassessment processes as another way to provide tax relief.
Landowners could see an exemption of 50 to 90 percent on their general municipal and school district taxes by participating in the program, according to the New York State Department of Taxation and Finance.
The exemption would mainly be based on how long they committed their land to remain open space. The shortest amount of time, which is mandated by the state, would be 15 years. No development can occur on the land during the easement’s timeframe.
The town’s Open Space Technical Advisory group previously discussed the guidelines for Bethlehem’s program.
In early May, Leslie presented the Bethlehem Town Board with examples of conservation easements in other municipalities across the state. He gave another presentation in early August with suggestions specific to Bethlehem.
The advisory group reached out to other towns that have similar easements to see how those programs were developed. Members are also seeking advice on how to best administer the program in Bethlehem.
Depending on the amount of acreage approved to qualify for an easement, 157 parcels of land were identified in the town as “possible participants” in the program. Land already receiving an agricultural exemption would likely not qualify.
During the presentation in May, Leslie suggested a tax clawback be set into the law, so a landowner could still sell or develop their land if they wished. However, they or the purchaser would then need to pay the back taxes on the property. It is those types of details that will be included in discussions for the local law.
The legislation, which was introduced by Sen. Neil Breslin and Assemblywoman Patricia Fahy in May, passed both houses before the end of session.
“With this bill now signed into law by Gov. Cuomo, the town can now advance their open space preservation program in a transparent and fair manner while providing incentives for those who choose to preserve undeveloped, open property,” said Fahy in a statement. “What happens in Bethlehem could be used as a model for other communities facing this issue.”