Governor Signs Public Lands Preservation Act
Three decades-long conservation effort to increase public land protection and ensure no net loss of Article 97 protected lands established
Boston, MA - Governor Charlie Baker signed into law An Act preserving open space in the Commonwealth, also referred to as the Public Lands Preservation Act (PLPA) on November 17th. The legislation ensures no net loss of lands subject to Article 97 and codifies land use change policies for public lands.
Under the new law, a public entity seeking to repurpose or dispose of Article 97 lands must notify the public and the secretary of energy and environmental affairs and conduct and publicize an analysis to determine that there is no alternative option to the land use change. The entity must also dedicate replacement land of equal value to Article 97 purposes. When it is not feasible to dedicate replacement land, a public entity may provide funding in lieu of replacement land if the secretary of energy and environmental affairs finds that the land change serves the common good and will not harm an environmental justice community. This funding must be at least 110 percent of the value of the Article 97 land and will be held in the municipality’s Community Preservation Fund for the acquisition of comparable lands within three years. The secretary of energy and environmental affairs will issue an annual report of cases where funding was provided in lieu of replacement lands and the details of these exchanges.
“I am proud to have worked with Representative Balser over the past 15 years to file this bill, and as a member of the conference committee alongside Senators DiDomenico and Fattman, and Representatives O’Day and Williams to protect the beautiful open spaces we treasure as a Commonwealth, ” said Senator Jamie Eldridge (D-Acton). “I’m also grateful to Senate President Spilka for championing the PLPA during this session. This law will make the land transfer process clear and efficient to enable community growth without compromising the essential preservation of public lands. I’m grateful for the hard work and persistence of land preservation advocates in reaching this milestone, including the godfather of the PLPA, Phil Saunders, who spent over two decades fighting for this legislation. I also want to pay tribute to my Senate predecessors for championing land protection measures, especially Bob Durand who established the no net loss land policy in 1997, and Pam Resor who filed the PLPA throughout her legislative career.”
"The loss of public parkland came to my attention when I first entered the legislature 24 years ago and was serving on what was then the Local Affairs Committee, the committee that reviewed bills that proposed transferring the use of land protected by Article 97 of the state constitution” said Rep. Balser (D-Newton). “Environmental organizations were protesting these bills, and I soon learned that the Executive policy issued by Governor Cellucci requiring replacement of lost land, known as the "no net loss" policy, did not have the force of law. In the years since then, I have been filing the Public Lands Preservation Act in order to codify the policy. I partnered for many of those years with Senator Jamie Eldridge. I am grateful to Speaker Mariano and House Ways & Means Chair Aaron Michlewitz for recognizing the value of this legislation and to the conference committee members, especially Senator DiDomenico, for working with me and Senator Eldridge to get it across the finish line. I have worked for the entire 24 years I have served in the legislature on this legislation because I love the outdoors and I cherish our protected land. Ensuring that the intent of Article 97 of the state constitution is achieved has been worth the time and effort."
"We should avoid converting precious parks and conservation land to other uses -- and when there is no alternative, we must dedicate new conserved land in its place” said Robb Johnson, Executive Director of the Massachusetts Land Trust Coalition. “That's why the Commonwealth's "No Net Loss" policy has been so important for over 20 years. But that policy hasn't always been uniformly enforced, and could be rescinded at any time. It's a huge win that a process to ensure "No Net Loss" is now codified into law."
“Massachusetts Association of Conservation Commissions (MACC), and our more than 2,500 members, support Public Lands Preservation Act (PLPA) as part of protections of open space in Massachusetts. This bill codifies and improves the current “No Net Loss Policy”, it upholds the will of voters who adopted Article 97 of the Massachusetts Constitution by ensuring that public open space cannot be developed for other uses unless alternative options have been fully evaluated, land of equivalent value replaces the open space, or in limited cases, cash payments are made in lieu of designated replacement land. Open spaces protect wetlands, water quality, minimize impacts from severe storms, and provide important recreational areas for our towns and cities” said Dorothy McGlincy, Executive Director of MACC. “We are thrilled the Governor signed the bill into law!!”
"My father dedicated the last two decades of his life to advocating for the PLPA and protecting the parks and forests of the Commonwealth, and continued to work on it from his hospital bed through his final illness. It is an honor to have been able to work alongside Senator Eldridge, Representative Balser and the organizations and individuals supporting this bill to achieve his legacy and his vision for no net loss of public land" said Elizabeth Saunders, Massachusetts Director of Clean Water Action
This law strengthens the protections of land acquired for conservation purposes under Article 97 and makes the process for changing Article 97 land use clear and predictable, saving time and energy for communities and the legislature. The PLPA will go to great lengths to ensure that public lands remain protected in every community, for the enjoyment of all.
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