TimesArgus.com - We Are Vermont

Current use law brings ecological protections



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By Jamey Fidel - Published: June 24, 2008

Vermont is a better place for the enactment of S.311, a bill recently signed by the governor that makes targeted improvements to Vermont's Use Value Appraisal or "current use" program.

The popular 30-year-old program has helped keep rural land intact. Current use does this by allowing landowners who enroll and conserve their property to pay property taxes that are based upon the use of the land for agriculture and forestry, versus a much higher fair market value.

Big, unbroken forests and productive rolling farmland, sawmills and milking parlors, foresters and furniture makers — these are just a few of the strands of Vermont's economic, social and ecological fabric that have benefited from the current use program.

S.311 now makes a beneficial program even better by, among other things, strengthening enrollment opportunities for sensitive ecological areas.

The bill was the result of a productive, collaborative process. A diverse task force — consisting of legislators, foresters, farmers, members of the administration, landowners, representatives of the forest products industry, listers, outdoor recreationists, and conservation interests — worked last summer and fall and developed recommendations to improve the program. The task force heard testimony from independent consultants and a range of people and developed consensus legislation to strengthen the program. The bulk of the task force recommendations were incorporated into S.311.

The legislation:

  • Increases flexibility to enroll important ecological areas such as wetlands, rare natural communities, and potentially other areas like critical wildlife habitat, vernal pools and riparian buffers. The commissioner of forest, parks and recreation in partnership with Vermont's Nongame and Natural Heritage Program will define the ecological areas that can be enrolled after collecting public input.

  • Allows municipalities that own land in another town to enroll that land in the current use program. Some towns own land in other townships that serve as municipal forests or areas to protect drinking water, such as reservoirs. These parcels now will be able to be enrolled in the program.

  • Streamlines the program by reducing paperwork requirements for listers, and reduces inspection requirements on already stretched county foresters.

  • Requires state agencies to develop a plan to move ahead with the comprehensive electronic coordination of the program.

  • Requires the state, with the help of other stakeholders, to develop an outreach and education program to address misperceptions about the current use program and to develop a plan to address the use of the Geographic Information System in the program; whether there should be different categories of enrollment based on the use of the land, or restrictions on the use, including hunting, fishing, other recreational activities and posting; whether conserved parcels managed for ecological purposes should be enrolled in the program; and whether the definition should enable the enrollment of farm buildings of animal and crop operations that do not currently qualify for the program.

    The Vermont Natural Resources Council and many other stakeholders worked hard to support the passage of S.311.

    There are many lawmakers that deserve recognition for advancing this solid, bipartisan bill. Several who deserve special thanks include Reps. Alison Clarkson (Chair of the Use Value Appraisal Task Force), John Malcolm, Phil Winters, as well as Sens. Sara Kittell and Mark MacDonald (members of the Use Value Appraisal Task Force). Sen. Ginny Lyons and Rep. David Deen also should be thanked for guiding the bill through their respective committees in the Senate and House.

    The current use program is vital to keeping Vermont's landscape and rural economy intact. This new legislation strengthens the program, ensuring Vermont's economic and ecological wellbeing into the future.



    Jamey Fidel is Forest and Biodiversity Program Director of Vermont Natural Resources Council and was a member of the Use Value Appraisal Task Force.







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