Introduction Key Principles Strategies Civic Participation Tools Success Stories Codes / Ordinances Articles / Publications Educational Materials Other Resources Codes/Ordinances OPEN SPACE PRESERVATION PROGRAM POLICY Marin County, California Open Space District Purpose To provide the financial means and leadership which are needed to identify and secure critical open space areas throughout Marin County, it is the District’s intention to operate in accordance with the following policy guidelines. Definition of Open Space An area of natural landscape essentially undeveloped, such as ridges, streams, natural shorelines, scenic buffer areas, and agricultural lands. Powers and General Policies The District’s powers shall be as enumerated in Article 3, Division 5, Section 5500 et seq. of the California Public Resources Code, and the following: The Marin County Parks and Cultural Commission shall be the advisory body to the District’s Board of Directors.  Land areas preserved by the District must conform to the definition in Section No. II above. All of the District’s resources will be directed to Open Space Preservation. With minimum necessary funding allocated to open space management, all remaining property tax derived revenues shall be directed to land and easement acquisition and costs incidental thereto. Any additional revenues forthcoming to the District shall be applied to land and easement acquisition. This policy shall be subject to review at the Board of Directors’ discretion, until the District’s preservation goals have been achieved. Recreation developments on District lands shall be restricted to those which are compatible with the primary function of open space areas, which is the preservation of natural amenities. The District will seek agreements with local jurisdictions for their provision of maintenance and operation of preserved open space areas. These agreements shall provide for acceptable and uniform levels of maintenance. The District will maintain and operate areas where no such agreement can be reached. Development, operation, and maintenance of compatible recreation facilities on District lands must be financed by means other than the District’s tax rate.  The District will encourage and promote cooperation and participation in the open space preservation effort by local agencies, organizations and individuals as well as other County departments. Preservation projects suggested by local jurisdictions and organizations must include a workable project definition and be submitted sufficiently in advance to be considered for any particular fiscal year. Emergency and opportunity purchases will be considered as appropriate during the fiscal year. Condemnation will not be used in this program except to protect the District’s interest and investment. It may be more necessary in the future to employ condemnation to these ends. Where local contributions are offered, adequate agreements must be provided to insure the District of the proper distribution of relevant questions, including but not limited to: Scope of the project. Types and amounts of contributions. Permitted uses. Maintenance, operation and policing. Criteria Public Open Space Fee acquisition projects should be identified in the Environmental Quality Element (Map 2) of the Marin Countywide Plan or other adopted general or specific plan. Projects should have the general support of the local jurisdictions within their sphere of influence. Acquisition of lands should be undertaken only for projects of District wide significance. Agricultural Lands Agricultural land parcels under consideration for fee purchase should be identified as agricultural open space or water edge lowlands in agricultural use on Map 2 of the Marin Countywide Plan. Opportunity purchases of bayland agricultural parcels will also be considered. The Open Space District will work closely with involved individuals, organizations, and agencies to ensure that title and management questions are fully resolved before disbursement of funds. The Open Space District will consider holding title to such lands (combined with leaseback arrangements, etc.,) as is judged appropriate and necessary. Agricultural land parcels under consideration for less than fee purchase should be identified as agricultural open space or water edge lowlands in agricultural use on Map 2 of the Marin Countywide Plan or identified within an Agricultural Element of the Marin Countywide Plan (should one be developed and adopted). Opportunity purchases involving significant bayland agricultural parcels will also be considered. Trail access policies as embodied in the Marin Countywide Plan and Marin Countywide Trails Plan should be pursued to the degree such access is compatible with appropriate agricultural practices. Lands under immediate threat of development or irreversible damage will be given a high priority. The existing and potential economic value of the property for agriculture will have significance. Owner/lessee management practices, including waste management and erosion control, and their effect on land and water quality will be considered. Waste management and erosion control will be particularly important. The visual or ecological importance of the properties will have significance. Lands which are contiguous and which will extend their usefulness to existing preserved open space areas are significant. Attractive purchase consideration and conditions will be significant. High priority will be given to support expressed by an Agricultural Element of the Marin Countywide Plan (should one be developed and adopted) for a particular property or area preservation effort. Preservation Techniques Gifts and dedications. Scenic and open space contracts. Land use regulations which allow reasonable land use by the owners while preserving aesthetic and ecological values. Less than fee purchase (easements, development rights, etc.). Fee Purchase. Other creative or new implementation techniques as they are developed. Priority Selection Generally speaking, the District’s prime focus will be the County’s eastern corridor. The following will be used as guidelines for determining project priority: Areas under immediate threat of development or irreversible damage will be given high priority. The visual or ecological importance of the area in the County will have significance. In projects involving agricultural land, the existing and potential economic value of the property for agriculture will be considered. Local contributions in cash, land areas, or land use regulations will be considered but are not essential. Projects which are contiguous and which will extend their usefulness to existing open space preserved areas are important. Attractive purchase consideration and conditions will be significant. Adoption of the Environmental Quality Element of the Marin Countywide Plan by the jurisdiction involved will be significant, but not mandatory. Funding The District’s share of property taxes constitutes the basic local source of countywide open space preservation funds. The District’s borrowing and bonding capabilities shall be used where appropriate and authorized by law. Funds will be allocated yearly from available funds to approved projects. The District tax income should be as determined by the Board of Directors. Private contributions of land and funds will be actively encouraged. Federal (and State where available) matching funds will be aggressively solicited. Local funds and contributions will be actively encouraged and used wherever available. County Service Areas may be formed where necessary to insure equitable local fiscal participation. In addition, to the extent that funds are available, the Open Space District will contribute up to a maximum of 50% of the funds necessary for the preservation by local jurisdictions of open space lands. This contribution shall be limited to those parcels of land which have countywide significance as delineated in the Environmental Quality Element of the Marin Countywide Plan. Holding of Property Interests In joint acquisition projects involving other jurisdictions, districts, CSA’s, organizations, or agencies, the District will demand ownership by fee title or employ reversionary clauses, tenants in common arrangements, or other legal means appropriate to particular projects to ensure that District property interests are secure. As determined by Article 3, Division 5, Section 5540 of the Public Resources Code, property interests held by the District cannot be conveyed outright without the consent of the majority of voters of the District (subject to certain exceptions). Back to Top       HOME | SEARCH