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Attachment 4 Q4 Assessment of Long -Term Protection Mechanisms for Lands Legacy May 31, 2006 Background In 2000, Orange's County's nationally - recognized Lands Legacy Program created a mechanism for the County to acquire, hold and maintain lands of important natural and cultural resource significance. To date, over 1,600 acres have been acquired through purchase or donation, fee - simple ownership or conservation easement, and these lands are being monitored and stewardship performed in keeping with stewardship plans or easement provisions. In many ways, the Lands Legacy Program functions as a County land trust, although it is not formally such. The adopted Lands Legacy Program Policy Document (4/4/00) envisioned that such a mechanism might bear further review over time, and suggested that the potential for formally addressing long -term protection strategies for Lands Legacy (including exploration or creating a local government land trust or open space authority) be examined after a period of years, Since May 2006 marks five years since the first Lands Legacy Action Plan was adopted (May 3, 2001), staff is prepared to examine this issue further, if the Board desires, There are a broad spectrum of permanency mechanisms that may exist, ranging from creation of open space authorities and non - profit land trusts affiliated with local governments, to partnerships with existing land trusts, to creating a formal registration of lands as being within the "Lands Legacy Program" (as done with the NC Natural Heritage Program), Although uncommon, there were at least five (and perhaps more) Local Government Land Trusts (LGLT's) in operation in the United States in 1998, based on research conducted at that time: ❑ The Annapolis Conservancy (Annapolis, MD) ❑ Block Island Land Trust (Shoreham, RI) ❑ Boulder Land Trust (Boulder, CO) o Davis Rural Land Trust (Davis, CA) ❑ Narragansett Land Trust (Narragansett, RI) ❑ Severn River Land Trust (Anne Arundel County, MD) Research conducted for the Lands Legacy Program Policy Document in early 2000 looked at these known LGLT's, and briefly at the potential for a different structiure permitted under N.C. General Statutes, an Open Space Authority (OSA). An Open Space Authority would require special legislation to create an "authority" (the same basic premises and statutes as OWASA is constituted, for example). No such authorities exist in North Carolina for open space, but these entities do exist in other states, such as Monroe County, FL.