Massachusetts: New law to protect land from development

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Mass. hopes tax break will spur land conservation
By STEVE LeBLANC

BOSTON (AP) — The 72-acre parcel owned by Bette and Bernard Holmes was a developer's dream, with more than 1,500 feet of pond front and room for 26 homes.

But after the cranberry-growing Plymouth couple sat down with their children in 2003 to discuss out what to do with the property, Bette, 73, and Bernard, 83, decided to let the land's original inhabitants — including rare flowers and an endangered red-bellied frog — stay put by selling the parcel, then assessed at $1.25 million, to the Nature Conservancy.

"This has always been virgin land out here and we like the idea of keeping it that way," Bette Holmes said. "We're not against development, but does every inch of town have to be developed?"

A new law signed by Gov. Deval Patrick is designed to encourage others to follow the Holmes' lead by creating a state income tax credit for landowners who voluntarily donate property to their local community, the state or a nonprofit conservation group.

The land must meet certain criteria, from protecting drinking water or providing a habitat for wildlife to offering scenic vistas or helping support tourism and agriculture.

The landowners must agree to permanently protect the land from development in exchange for the tax credit valued at half the appraised value of the land.

Individual credits are capped at $50,000. If the credit exceeds a donor's total state income tax for a single year, it can be spread out up to 10 years.

Conservationists hailed the new law, saying it will help protect Massachusetts' rapidly dwindling open lands, which are being gobbled up at an estimated rate of 44 acres a day.

Jennifer Ryan of Mass Audubon said conservation groups have been pushing for the tax break for years. She said similar efforts have worked in states like North Carolina and Colorado.

"We have had people who have been holding out for years waiting for a tax credit," she said.

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The Associated Press: Mass. hopes tax break will spur land conservation