Legislators, land trust community meet

Worries over how much access landowners who have a conservation easement on their land have to grant to the public sparked a meeting Monday in Harrisburg with state officials, members of the land trust community and nearly the whole Chester County state legislative delegation.

At issue is a request by land trusts for clarification of what public access the state wants when trusts are applying for funding to purchase a conservation easement from a private landowner.

Access such as a trail for hiking or horseback riding in the area of the conservation easement is a fairly typical form of public access that land trusts negotiate at the time the deal is struck. Other types of access such as hunting, fishing and canoeing on private property is a lot harder to obtain as part of a conservation easement deal.

The problem for land trusts was that they were negotiating with landowners for a conservation easement that would typically include a trail for public access. Then as their application was being processed by the Pennsylvania Department of Conservation and Natural Resources, there was a request made for greater access.

�It is very difficult to go back to a landowner (after the deal has been negotiated), and tell them that the state wants the public to have additional access,� said Pam Brown, conservation director at the French and Pickering Creeks Conservation Trust.

Brown said the issue came up last fall and area land trusts turned to state legislators for help.

A meeting in August was held with state Sen. Andrew Dinniman, D-19th, of West Whiteland, state Rep. Barbara McIlvaine-Smith, D-156th, of West Chester, state Rep. Curt Schroder, R-155th, of East Brandywine, and a representative of state Sen. John Rafferty, R-44th, of Collegeville, who led the meeting Monday.

The state provides millions of dollars each year to fund a variety of conservation projects statewide. Twice a year, trusts and municipalities submit applications to DCNR for funds for their conservation projects.

Department of Conservation and Natural Resources Secretary Michael DiBerardinis attended the meeting along with senior staff members and agreed the issue of public access would be addressed on a case-by-case basis and identified early in the process.

�We seek an appropriate level of public access on a case-by-case basis based on a careful analysis of all public values while retaining sufficient flexibility to ensure that we respond to local needs,� said John Quigley, director of the office of legislation and strategic initiatives for DCNR in a statement.

One way to resolve the issue of what type of public access would be appropriate on different parcels is to attach a public value to it. For instance, some of the public values that a parcel of land might have is its ecological value, recreational value, historic and cultural value and water quality value.

For instance, if the public value of a piece of land is its contribution to water quality, it might not be appropriate for public access. Not every single property will be appropriate for all uses. Public access might not be possible in pristine areas. On the other hand, a parcel of land could be appropriate for more than one type of access.

The discussion generated a great deal of interest among all the Chester County legislators. At one point, Brown said, about 15 legislators or their aides crowded into the meeting room in the Capitol building to participate including Dinniman, Schroder, McIlvaine-Smith, state Rep. Chris Ross, R-158th, of Kennett Square, state Rep. Duane Milne, R-167th, of Malvern and state Rep. Tim Hennessey, R-26th of North Coventry.

�These legislators came because they are supportive of the land trust community,� said Brown.

On Tuesday, Dinniman said the meeting turned out well. The concept of the public value of land is a useful tool for determining appropriate access.

In addition to Brown, the land trust community was represented by Jack Stefferud of Natural Lands Trust, Aliena Gerhard, director of open space for Charlestown Township and Mandie Cantlin, assistant township manager of East Bradford.

Brown said the land trust community was very encouraged by DCNR�s remarks. �We couldn�t have asked for a better outcome.�

To contact staff writer Anne Pickering, send an e-mail to apickering@dailylocal.com.