Cape Cod Land Bank

State Agencies and Grants Providing Assistance
with Land Protection on Cape Cod


Division of Conservation Services | Department of Environmental Management | Department of Fisheries, Wildlife, and Environmental Law Enforcement | Department of Food and Agriculture | Department of Greenways and Trails | Office of Transportation and Construction


 

Division of Conservation Services (DCS) Self-Help and Urban Self-Help Programs

Executive Office of Environmental Affairs

 

Mission: DCS provides state matching grants to municipalities for acquisition of conservation land, parks, and development/rehabilitation of recreational facilities through the Self-Help and Urban Self-Help programs. The grants are highly competitive, although the Cape has traditionally fared well in receiving funding. Current funding for DCS grants comes primarily from Open Space Bond authorizations. The program has provided approximately $22 million since its inception to preserve 5342 acres on Cape Cod.

Acquisition Goals and Priorities: The priority of the Self-Help program is to preserve areas in their natural state for conservation or passive recreation. Urban Self Help grants are directed toward communities which have a population of 35,000 or more, or will result in facilities that meet regional/state needs. Applications are rated in accordance with a selection system that considers a number of demographic, social, environmental and project quality factors in order to identify those projects which best protect natural resources or recreation amenities where appropriate in communities which have the greatest need for financial assistance and which have made efforts to implement their open space plans in coordination with local planning for future growth. Self Help grants are available to all communities with a DCS-approved Open Space and Recreation Plan. Land acquired with grants must be open to all. Partnerships with nonprofits are encouraged.

Acquisition Process: Grant applications are made annually by June 1 and are generally capped at $500,000 (although recently the cap has been $250,000). Each townÕs matching amount is established by formula, but is generally 52-70%, up to the cap. Applications must include two appraisals. The municipality must appropriate the funds for the project at town meeting and is reimbursed by the state. Grant applications are reviewed and prioritized by the Interagency Lands Committee, recommendations are made to the Director of Conservation Services, then approved or rejected by the Secretary of Environmental Affairs. Land must be held by a town's conservation commission.

Contact: Joel Lerner or Jennifer Soper, Division Of Conservation Services, 617-727-1552
Address: Division of Conservation Services, 251 Causeway St Suite 900, Boston, MA 02114
E-mail: joel.lerner@state.ma.us or jennifer.soper@state.ma.us

 


Department of Environmental Management (DEM)

Executive Office of Environmental Affairs

 

Mission: Manage a system of State Forests and Parks for natural resource protection and outdoor recreation totaling more than 280,000 acres of forests, beaches, trails and parklands throughout the Commonwealth.

Acquisition Goals and Priorities: DEM continually acquires land to enlarge, enhance, and protect existing State Forests and Parks, as well as add new sites. Decisions are based on the agency's 1997-2002 "5 Year Land Acquisition Strategy." DEM has identified seven focus areas for resource protection and three for outdoor recreation. In addition, expanding existing Forests and Parks is a priority. Projects that fulfill multiple needs are given preference, as are those than can be accomplished through cost-effective means (less than fee, gifts, bargain sales, partnerships). The focus areas are (in rough priority order):

Resource Protection

Primary Focus Areas:

  1. Greenways (e.g., river and trail corridors, particularly those of regional interest)
  2. Representative Natural Communities (e.g., unique biological/geological areas)
  3. Large Unfragmented Areas (areas where ecosystem protection can occur)
  4. Coastal Resources

Secondary Focus Areas (rarely the sole purpose for an acquisition, but important considerations):

  1. Water Resource Protection (e.g., headwaters, recharge areas, wetlands, waterbodies)
  2. Scenic Landscapes
  3. Historic Landscapes and Archeological Resources (but not historic structures)

Recreation

  1. Bikeways
  2. Freshwater-based Recreation
  3. Camping

Management/Enhancement

  1. Critical Adjacent Lands -- areas adjacent to, surrounded by, or near existing holdings

For each of these focus areas, DEM lists specific criteria for evaluating projects and specific parcels. DEM is generally not interested in protecting well sites.

Acquisition Process: The acquisition process is generally slow and can take 18 months from identification of a parcel until closing.

  1. Staff evaluation and ranking of potential acquisition project based on above criteria and:
    -provision of public access
    -inclusion of resources of statewide or regional significance
    -local/regional support/interest
    -linkages among existing protected parcels
    -proximity to population centers
    -ability to promote environmental literacy/education
    Staff completes a detailed Land Acquisition Evaluation Form for each proposed acquisition.

  2. Project presented to DEM Lands Committee (made up of staff from Div. of Resource Conservation, Div. of Forests & Parks, Legal Services, and Commissioner's staff), Lands Committee meets monthly and evaluates project with regard to criteria above as well as degree of threat, feasibility (staffing, legal considerations, willing seller), value, and land management considerations.

  3. Recommendation to Commissioner and final decision.

Contact: Dave McGowan, 617,727-3160 x551
Address: Department of Environmental Management, 100 Cambridge St., Boston MA 02202

 


Department of Fisheries, Wildlife and Environmental Law Enforcement (DFWELE)

Executive Office of Environmental Affairs

 

Mission: The Division of Fisheries and Wildlife, acquires land for the protection and management and wildlife habitat and to provide outdoor recreation opportunities. They own 90 wildlife management areas spread geographically throughout the Commonwealth. Money for land acquisition is derived from two primary sources: Open Space Bond funds and Land Stamp revenue (from hunting and fishing licenses).

Acquisition Goals and Priorities: DFW's main acquisition goal is "to protect and perpetuate ecosystems that contain significant fish and wildlife resources and to conserve the biological diversity of the state." A secondary goal is to work with the Public Access Board to provide access to the lands and waters of the Commonwealth. A priority is placed on areas that are large enough to be managed for wildlife habitat purposes, as well as large enough to permit hunting or are adjacent to other protected holdings.

DFW's priorities for its land acquisition effort include:

-High quality riparian, palustrine and estuarine habitats (cold water streams, major rivers, marshes, and other wetlands)
-Outstanding natural communities (particularly with a diversity of habitat types)
-Diversity of the state's native species (habitats for state-listed rare species, harvested (e.g., hunting and fishing) species, and species associated with interjurisdictional initiatives (e.g., migratory birds)
-Fishing and boating access to ponds and shorelines

Each District office is responsible for establishing a geographic focus areas for land acquisition in conjunction with the Fish and Wildlife Lands Committee. These areas should be large enough to protect the specific natural resource features of interest. Most acquisitions occur in these focus areas.

Areas of Interest: On Cape Cod, the Division's holdings encompass the Hyannis Ponds, Crane Wildlife Management Area in Falmouth, Marconi Wildlife Management Area in Wellfleet, the Fox Island Marsh area of Wellfleet, the Mashpee Pine Barrens, the Mashpee and Quashnet Rivers in Mashpee and salt marsh/beach areas in Sandwich.

Acquisition Process: The acquisition process is a lengthy one and includes the following steps:

  1. Acquisition proposal reviewed and evaluated by District Land Agents. Projects reviewed based on above priorities as well as the following: opportunity for compatible public recreation, ability to create large blocks of protected land, linkages between conservation lands/wildlife corridors, expansion of existing DFW holdings and other natural resource values (e.g., watersheds, agriculture), degree of threat, feasibility, value (cost, potential leveraging and partnership opportunities), and land management considerations.
  2. Presentation to Fish and Wildlife Lands Committee. The Committee is made up of the the DFW Chief of Realty, Departmental Bond Administrator, Departmental Land Atty. and a rep. from each District. If parcels come up between meetings that require action, the Chief of Realty and Departmental Bond Administrator may consult with staff and subsequently report to the Lands Committee. In addition to determining whether a proposed parcel meets agency objectives, the Committee considers geographic balancing of expenditures, role of other organizations, alternatives to acquisition, and management issues.
  3. If Lands Committee recommends favorably, DFW Land Agent negotiates with owner, appraisal, title, and other site work is done and a price agreement is reached.
  4. Approval by Commissioner and Fisheries and Wildlife Board

Contact: Joan Pierce, DFWELE Land Agent, 508-743-9066
Address: Div. of Fisheries and Wildlife, 195 Bournedale Rd., Buzzards Bay, MA 02532-2241

 


Department of Food and Agriculture-Agricultural Preservation Restriction Program

Executive Office of Environmental Affairs

 

Mission: The Agricultural Preservation Restriction (APR) Program is a voluntary program established in 1977 that seeks to protect lands in active agricultural use from conversion to nonagricultural use. The program is a purchase of development rights effort that maintains land in private ownership but restricts it to agricultural and related uses.

Holdings: To date, the APR Program has permanently protected over 440 agricultural properties, representing over 40,000 acres in 129 towns across the Commonwealth. The Commonwealth holds these restrictions (or co-holds them with municipalities when there is a local funding component).

Acquisition Goals and Priorities: The focus of the program's efforts is land that is comprised of a significant percentage of Class I-IV "prime" and "state important" soils. In order to eligible for participation, land must be "actively devoted" to agricultural or horticultural use and be at least 5 acres. It must have been in farming for the two consecutive years prior to the application and have produced at least $100/acre in gross sales. Landowners are paid the difference between the fair market value of their property and the agricultural value.

The program also considers current and future agricultural viability, the degree of threat of conversion to non-agricultural use, and its location in relationship to other APR protected farms or potential APRs. The program also considers the degree to which the affected municipality is willing to assist in providing funds, legal services and enforcement of restrictions. While there are a few properties on Cape Cod enrolled in this program, such as the 200-acre Windstar Farm in South Sandwich, its applicability is limited.

Acquisition Process: Applications for the APR program are submitted to DFA by property owners after review and comment by the town. A recommendation is made to the Agricultural Lands Preservation Committee (ALPC). The Committee may either reject the application, assign it "little likelihood" status, or nominate it for appraisal. The APR price is then negotiated by staff. ALPC has a policy of capping APRs at $10,000/acre. If the appraised value exceeds this, the difference must be made up through bargain sale or local contributions. ALPC makes a final decision after taking into account staff recommendations, and terms of purchase. The APR is then recorded as a permanent encumbrance on the deed. This process generally takes 12-14 months.

Contact: Richard Hubbard, Deputy Commissioner, 617-727-3018 x150
Address: APR Program, Department of Food and Agriculture, 142 Old Common Rd., Lancaster MA 01523

 


DEM Greenways and Trails Demonstration Grants and Coastal Access Grant Programs

These programs are administered by the Department of Environmental Management and can provide grants to municipalities to support innovative projects in the $1000-$5000 range. Although not sufficient for acquisition, they may support planning studies that lead to acquisition projects, such a recent grant to the Cape Cod Commission for a Cape Cod Pathways trail study in Brewster and Harwich. For information contact Jennifer Howard (Greenways) at 413-586-8706 or Geordie Vining (Coastal Access) at 617- 727-3160 x528.

 


Executive Office of Transportation and Construction, TEA-21 Enhancement Grants

Grants for bikeways and scenic view protection; must be included in the Transportation Improvement Program (TIP). Occasionally can provide funds for land acquisition projects (e.g., Shankpainter acquisition in Provincetown). For more information, contact Cape Cod Commission, 508-362-3828.


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