Protecting what Matters: Prioritizing Lands for Protection in the North River Corridor

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1 Protecting what Matters: Prioritizing Lands for Protection in the North River Corridor Deborah Lenahan North & South Rivers Watershed Association P.O. Box 43 Norwell, MA April 22, 2004

2 Table of Contents Acknowledgements 3 Executive Summary 4-5 Introduction 6 Phase I- Preparation of the Base Map & Methodology 7-13 Phase II - Analysis for Prioritizing Parcels for Protection & Methodology Results Conclusion Tables Table 1. Assessor s Land Use Code 9 Table 2. Land Use Code Definitions 14 Table 3. Total Acres, Existing Protected Open Space Acres and % of open space of each town for the North River Corridor 17 Table 4. Potential Protected Open Space and Conservation Restrictions Acres by Town, Assessed Land Values and Percentage to Total Acreage in the River Corridor 20 Table 5. Chapter 61 Lands (Chap. 61, 61A,61B) by Town and Ranked Priority 23 Table 6. Potential Protected Open Space Parcels Ranked by priority 24 Table 7. Potential Conservation Restriction Parcels Ranked by Priority 25 Figures Figure 1. North River Corridor Boundary & Locus Map 8 Figure 2. Parcels by Town in the North River Corridor 10 Figure 3. Wetlands in the North River Corridor 11 Figure 4. Endangered Species Habitat, Potential Vernal Pools, 12 and Biocore Habitat in the North River Corridor Figure 5. Protected Open Space and Conservation Restrictions in the North River 13 Figure 6. Percentage of acres by Town (graph) 18 Figure 7. Percentage of Existing Protected Open Space by Town(graph) 19 Figure 8. Potential Protected Open Space by Town (graph) 21 Figure 9. Potential Conservation Restrictions by Town (graph) 22 Appendices Appendix A - Developed Priority Parcels Greater than 2 Acres (Figure A) Undeveloped Priority Parcels Greater than 2 Acres (Figure B) Chapter 61 lands in the North River Corridor (Figure C) Appendix B - Assessors data for Chapter 61 Lands (Table A) Assessors data for Developed Lands greater than 2 acres (Table B) Assessors data for Undeveloped Lands greater than 2 acres (Table C) (2)

3 Acknowledgements This study is the result of using a relatively new technology called Geographical Information Systems or GIS and would not have been possible were it not for the commitment of the Commonwealth of Massachusetts s Executive Office of Environemental Affairs (EOEA) by providing valuable natural resources in digital form to the public. In particular data used for this project is provided by MassGIS, the state s digital repository agency, the Natural Heritage Program for Endangered Species (NHESP) and the Department for Environment Protection (DEP). The analysis for this project was performed using ESRI Arcview. Herb Heidt and Eliza McClennon of Mapworks devoted endless hours to seeing Phase I through. The learning curve was steep for all of us. And the digitizing of parcels was long and tedious. Funding was provided by The Riverways Program, The Trustees of Reservation and the North & South Rivers Watershed Association. We acknowledge the Massachusetts Audubon Society and the Wildlands Trust of Southeastern Massachuestts as well as our funders as partners in protecting important lands along the North River. And finally I owe a debt of gratitude to Samantha Woods, the executive director for the North & South Rivers Watershed Association for her assistance in preparing the final results for this project. (3)

4 Executive Summary How can we protect lands that are critical to sustaining our environment when land is one of the hottest commodities in our economy? What is the best way for us to allocate our finite and limited resources towards conservation? Given the limited resources available for land protection today it is important to allocate financial resources where it will make the most difference. Protecting What Matters identifies the critical lands that need protection along the North River Corridor. The North River corridor flows through Hanover, Pembroke, Norwell, Marshfield and Scituate and has been recognized as a uniquely special place. It is the only protected scenic river in the state, it has been designated by the federal government as a Natural National Landmark, and much of its marshes and bordering lands have been designated as priority habitat for rare and endangered species. The NSRWA has long advocated for protection of the North River corridor. With this report the NSRWA creates the foundation for future protection that focuses on the most important lands to protect habitat and the river. Thirty five percent of the total land area of the North River Corridor is presently protected either owned outright by lands trusts and towns or through existing conservation restrictions. Protecting What Matters demonstrates that there is a potential to protect an additional 1,171 acres or 14% of the corridor through acquisition and another 2,889 acres or 35% through conservation restrictions. If this were done then 84% of the total North River Corridor would be permanently protected for future generations and for wildlife habitat. The 2001 assessed value of the undeveloped land for acquisition is approximately $11.3 million. While appraised values are often underestimated when compared to the real estate market, the initial cost estimate provides us with a basis to start from. In reality each parcel will have to be reviewed separately in order to assess its true value. This project prioritizes which lands are important for protection by looking at the following important criteria: Abuts existing protected open space Contains Rare and Endangered Species habitat according to NHESP Abuts the North River Parcel is 5 acres or greater The report separates parcels for open space protection into high priority, medium priority and low priority based on a weighted analysis of these criteria. Parcels that matched all four criteria were given the highest priority for protection, while parcels that matched none of the criteria were given the lowest priority for protection. (4)

5 There were 60 parcels that fell within the highest priority category, these lands encompass 746 acres and have a 2001 assessed value of $4,024,400. Those lands that had some existing development were also evaluated for protection through conservation restrictions and prioritized based on the criteria. The report shows that there are 72 parcels with some existing development containing 1288 acres that fell within the high priority category. In the year and a half since the NSRWA started this project, several large parcels (over 20 acres) are in the process of being subdivided for development in the corridor. One parcel in particular abuts the river and is designated estimated habitat for rare and endangered species through the Natural Heritage of Endangered Species Program (NHESP). A 58-acre parcel in Pembroke is currently undergoing the permitting process for development. This parcel is the last of this size abutting the North River. Protecting these remaining large parcels is a race against clock. We plan to present Protecting What Matters: in the North River Corridor to the committees in the towns that have passed the CPA. In addition, we will continue to work with our partners: The Trustees of Reservations, Mass Audubon Society and The Wildlands Trust of Southeastern Massachusetts using their expertise to educate landowners about the financial benefits as well as the benefits to our natural heritage of protecting what matters. (5)

6 Introduction The North River Corridor is a special place in Southeastern Massachusetts. Located 20 miles south of Boston, the North River flows through the towns of Marshfield, Scituate, Norwell, Pembroke, and Hanover (Figure 1). A rural presence is still prevalent along the river even though it is surrounded by suburban sprawl. Its designation as the only protected scenic river under the Commonwealth s Scenic Rivers Protection Act affords the river some protection. Under the act, a 300-foot corridor is regulated by the North River Commission that oversees development in the corridor. In addition, the river was given federal recognition by the National Park System as a fine example of a coastal estuary with freshwater tidal habitat under the National Natural Landmark program. And recently, The Nature Conservancy has designated the North River as one of its priority rivers in Massachusetts as it contains one of the largest freshwater tidal systems in the state. The anticipation of the revival of the Greenbush Commuter rail line combined with a strong economy has contributed to the expanding sprawl south of Boston. All of these factors pose a direct threat to many of the unique natural resources along the North River. Now, more than ever, it is important to protect it. The in the North River Corridor project concept originated from a mapping project prepared by Brian Reid of the Wildlands Trust of Southeastern Massachusetts for the Herring Brook valley in the upper reaches of the North River. This project identified parcels and natural habitats on a 100+ acre parcel being considered for acquisition by the Wildlands Trust of Southeastern Massachusetts. Though done by hand, this map provided a valuable tool for looking at the relationship between property boundaries and natural resources in order to determine which properties were most important for protecting. in the North River Corridor incorporated this idea and expanded it to the parcels along North River. The project produced a base map in digital form showing individual parcels in relationship to natural resources. This has been accomplished using GIS or Geographical Information Systems. The use of GIS as a tool allows digital maps and databases to be combined and analyzed. One can then identify a parcel s land use (developed or undeveloped), owner s name and address, acreage, and other relevant information from the assessors data. Natural resources data can then be overlaid onto digitized parcels to show the relationship between the parcels and the natural resources. Incorporating natural resource data with parcel data allows querying for established criteria in order to assess the priority of a particular parcel for protection. The goal of the project is to identify and prioritize parcels important for maintaining a rich biodiversity environment along the North River corridor and to work with land trusts who already protect land in the North River Corridor to evaluate which entity is best suited for protecting these important lands. Since the North and South Rivers Watershed Association (NSRWA) is not in the business of owning land, a partnership was formed with three land trusts: The Trustees of Reservation, Mass Audubon, and Wildlands of Southeastern Massachusetts. The Division of Wildlife and Fisheries Riverways Program and the Trustees of the Reservation provided partial funding for this project. (6)

7 Phase I Preparation of the Base Map The first phase of the project produced a digitized parcel map of all parcels along the North River from the first major road to the river s edge. The parcels layer incorporated data from the assessors records including owner, address, parcel acreage, map and lot number and assessed value of the property. The natural resources and protected open space were also incorporated into the first phase of the mapping project. All of these data layers were overlaid onto an aerial photograph showing the features of the landscape. Methodology The study area for the project included all the parcels in the Towns of Scituate, Marshfield, Norwell, Pembroke and Hanover along the North River in an area defined by the first major road from the river s edge (Figure 1). The major roads included: Scituate: Driftway and Route 123 Norwell: Route 123, Dover St. and River St. Hanover: Broadway, Elm St. Pembroke: W. Elm St., Oldham St., Center St., Barker St., Washington St., Water St., Church St. Marshfield: Union St., Highland St., Spring St., Summer St., Damon s Point Digital parcel data represents the property boundaries of land ownership. Digital parcel data was available in Scituate and Norwell only. Parcel data for Pembroke, Hanover and Marshfield were digitized manually by Mapworks, Inc. In total approximately 2,350 parcels were produced in digital form. Parcel data was joined to the 2001 assessors data for each town in the corridor. Assessors data included information on map, block and lot, owner s name and address, parcel location, acreage and the land use code for each parcel. Land use code was queried to determine developed, undeveloped, potentially developed or undevelopable parcels. Lands held under Chapter 61 were also identified. (7)

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9 The major land use code categories the Assessors use are as follows: Table 1. Assessors Land Use Code Land Use Code Land Use 100 Residential 300 Commercial 400 Industrial 600 Forest Property - Chapter Agricultural/Horticultural Chapter 61A 800 Recreational Property Chapter 61B 900 Tax Exempt Property (Town Owned, Land Trust, Charities) Figure 2 shows digitized parcels overlaid on an aerial photograph of the North River valley. This aerial photography was flown in the year 2000 by the state and made available through MassGIS, the state s library of digital mapping resources. Natural resource maps, also available through MassGIS, were overlaid onto the study area. Figure 3 shows wetlands in the North River Corridor. An analysis of the wetlands demonstrates that there are approximately 3300 acres of wetlands in the corridor. Figure 4 shows rare and endangered species habitats and potential vernal pools from the Natural Heritage and Endangered Species Program (NHESP). Again, an analysis points out that there are 2797 acres of biocore habitat, primarily along the marsh of the North River, 1961 acres of priority habitat for rare and endangered species habitat and appoximately 24 potential vernal pools. An open space map of the North River Corridor was created by selecting Tax Exempt Property (Land Use Code 900). This land used code includes both private nonprofit lands, town-owned lands, lands owned by the state and federal government as wells as churches, schools, private schools, affordable housing and ball fields. Only a parcel-byparcel analysis would provide a true protected open space map. For this project the parcels owned by the town, the state, the federal government or land trust were considered protected open space. Town owned lands were then reviewed for their use and lands that were used for schools, affordable housing and ball fields were not considered protected open space. Those remaining town owned lands that are not developed are not necessarily protected, however they are considered protected open space in this project (figure 6). In addition to lands protected by ownership, parcels with existing conservation restrictions were also identified. Conservation restrictions or conservation easements, as they are often referred to, legally protect land from development permanently or for a stated period of time specified in an agreement with a conservation organization or town. These data are not tracked by the town assessors office. Conservation restriction data were obtained from the State s Division of Conservation Services. (9)

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14 Phase II Analysis for Prioritizing Parcels for Protection The first phase of the project focused on creating a base map within the North River Corridor. The second phase of the project focused on prioritizing parcels for open space protection and identifying the most appropriate mechanism for pursuing these lands for protection. Methodology Protected open spaces, including lands with Conservation Restrictions, were removed prior to analyzing lands for future protection. The analysis for this project is done on a town-by-town basis because of the inconsistencies between each town s assessors databases. However consistent map layers were produced for each town reflecting the goals of the project. The Town of Norwell is shown below as an example of the methodology used. Town of Norwell Methodology A parcel map representing parcels greater than or equal to two acres was created. A twoacre threshold was used as criteria because Norwell has one acre zoning and thus any parcel greater than or equal to two acres has the potential to be subdivided. Parcels that were within 5% of the two-acre threshold were included in the analysis due to concerns regarding the accuracy of the area measurements for individual parcels. The query for 2 acres or more was: Query #1 Area > or = 1.90 acres (219 parcels) Two hundred and nineteen parcels remained that fit the criteria for greater than or equal to 2 acres. Parcels were then classified as developed or undeveloped. Developed lands are those that have existing structures and undeveloped lands have no structures. The classifications were defined by the relevant land use codes below: Table 2. Land Use Codes Definitions Classification Code Definition Developed Lands (existing structures) 101 Residential Single Family 109 Residential Multi-Family Undeveloped Lands (no structures) 130 Developable Land 131 Potentially Developable Land 132 Undevelopable Land (14)

15 These two categories, developed and undeveloped, ultimately were used to determine which parcels may be protected either through a conservation restriction or better protected through acquisition or other means. Developed parcels (those with some existing structures on it) that are greater than or equal to 2 acres were classified as parcels with the potential for conservation restrictions. Parcels that were undeveloped, undevelopable or potentially developable and greater than 2 acres were determined to be potential parcels for acquisition. Undevelopable lands were considered potentially developable to be conservative because regulations may change in the future. These lands must be examined on a parcel-by-parcel basis before ruling them as undevelopable. The 2 queries to determine the developed lands and the undeveloped lands are as follows: Undeveloped parcels: Query #2 Land use Code = 130, 131 or 132 (39 parcels) Developed parcels: Query #3 Land use Code = 101 or 109 (145 parcels) Identifying Priority Parcels Criteria were developed to prioritize parcels for protection. The criteria are as follows: 1) Parcel abuts the river 2) Parcel abuts Priority Habitat for Rare and Endangered Species, Biocore habitat, and potential vernal pools as defined by Natural Heritage for Endangered Species Program (NHESP) 3) Parcel is greater than or equal to 5 acres 4) Parcel abuts protected open space and/or conservation restricted lands A weighted analysis was used to determine the priority of a given parcel for protection either through acquisition or conservation restriction. A value of one was assigned to each criteria specified. The summation of values reflects the importance of protecting that parcel. For example, if a parcel meets 2 of the four criteria its summary value is 2 and would be given medium weight, those that meet all criteria would have a value of 4 and would be given the highest priority. (15)

16 The following are the priority values: Highest Priority 4 High Priority 3 Priority 2 Low Priority 1 Lowest Priority 0 Once the analysis was performed and the parcels ranked according to the importance of protection, a graduated color scheme was assigned to the parcels with darkest color being the highest priority and the lightest being the least (see Appendix A) Chapter 61 Lands Chapter 61 lands were considered separately for this project. Chapter 61 lands are voluntarily maintained for forestry, agriculture/horticulture or recreation uses. The lands are assessed lower to give property tax relief to the owner and each town has the right of first refusal to purchase the land when the landowner decides to sell. If the town decides to purchase the Chapter 61 land, the landowner does not have to reimburse the town for back taxes at the normal assessed values. This is incentive for the landowner to sell to the town. The query for these parcels is: Query #4 Land use Code > 600 or < 899 (3 parcels) A weighted analysis using the same criteria as above was used to prioritize Chapter 61 lands as well (see Appendix A). (16)

17 Results The results of this project show total acreage of existing open space in the North River Corridor by town and prioritizes the potential for protecting open space through acquisition or conservation restriction. In addition, Chapter 61 lands were identified. Table 3. Total Acreage of Existing Protected Open Space and % Protected Open Space by Town and for the North River Corridor Town Total Corridor (Acres) Existing Protected Open Space (Acres) % Marshfield 2, % Pembroke 2, % Hanover % Norwell 2, % Scituate 1, % Total River Corridor 8,288 2,860 35% It is interesting to note that the percentage of protected open space is roughly the same for each town (31% average) except for Scituate, which has 55% of its total acreage as protected open space. It should be noted that a large portion of open space in Scituate are large parcels of tidal marsh at the mouth of the North River. (17)

18 Figure 6. Percentage of Acres by Town in the Corridor Percentage of Acres by Town Scituate 13% Marshfield 29% Norwell 25% Hanover 4% 29% Pembroke Figure 6 shows the percentage of acreage by town in relationship to the whole corridor. Both Marshfield and Pembroke have the highest percentages followed by Norwell. (18)

19 Figure 7. Percentage of Existing Protected Open Space by Town Protected Open Space Acres by Town Scituate 21% Marshfield 25% Norwell 21% Hanover 4% Pembroke 29% Figure 7 represents the percentage of current protected open space by town. For example Marshfield has 25% of the total existing protected open space in the corridor. Table 4 represents the potential protected open space in acres and as a percentage of the total acres in that town. Again, Protected Open Space is defined as lands that have not been built upon. It also shows the potential conservation restrictions in acres and as a percentage of the total acres for each town. In addition, the assessed land vales are listed for each of the above categories by town. Conservation Restrictions land values will tend to be more as these lands have been developed. Also, potential protected open space lands include marsh and wetlands that have a significantly lower assessed value. (19)

20 Town Table 4. Potential Protected Open Space and Conservation Restrictions Acres by Town, Assessed Land Values and Percentage to Total Acreage in the River Corridor Total Corridor (Acres) Potential Protected Open Space (Acres) % Assessed Land Values (Dollars) Potential Conservation Restriction (Acres) % Assessed Land Values (Dollars) Marshfield 2, % $3,173, % $29,042,200 Pembroke 2, % $2,319, % $12,566,650 Hanover % $712, % $4,189,600 Norwell 2, % $4,350,600 1,000 49% $36,707,100 Scituate 1, % $729, % $8,987,300 Total North River 8,288 1,171 14% $11,285,600 2,889 35% $91,492,850 (20)

21 Figure 8. Potential Protected Open Space By Town in the Corridor Potential Protected Open Space By Town (Undeveloped Lands) Norwell 29% Scituate 7% Marshfield 29% Hanover 2% Pembroke 33% (21)

22 Figure 9. Potential Conservation Restriction by Town Potential Conservation Restrictions by Town (Developed Lands) Scituate 6% Marshfield 29% Norwell 35% Hanover 4% Pembroke 26% The average cost per acre for potential protected open space is $9,638 and the average cost per acre for potential conservation restriction is $31,670. In reality conservation restrictions are not bought and sold so the assessed values are not applicable. However, a landowner may wish to subdivide the house from the remainder of the property. In this case he/she has the option of selling the house separately and keeping the remaining land as open space either to be sold or donated to a land trust or to place a conservation restriction on the land all of which would have significant tax benefits for the owner. Chapter 61 lands, as noted previously, were separated from the other analysis due to their unique characteristics and potential for acquisition. Chapter 61 lands are important to point out in protecting open space because they are usually large parcels (5 acres or more) and are given a tax relief status to keep the land active for forestry, agriculture/horticulture and recreation. Landowners must give the town first refusal for purchase when they decide to sell the land. (22)

23 Table 5. Chapter 61 Lands (Chap. 61, 61A, & 61B) by Town and Ranked by Priority. Town High Priority Medium Priority Low Priority Marshfield 84 acres 10 acres 100 acres 3 parcels 1 parcel 5 parcels $356,400 $3,100 $342,500 Pembroke 85 acres 12 acres 30 acres 4 parcels 1 parcel 8 parcels $22,320 $10,366 $522,983 Hanover N/A N/A N/A Norwell 8 acres 5 acres 17 acres 1 parcel 1 parcel 2 parcels $1,900 $425,600 $11,900 Scituate 42 acres 5 acres N/A 2 parcels 1 parcel N/A $119,900 $855,800 N/A North River Corridor 219 acres 32 acres 147 acres 10 parcels 4 parcels 15 parcels $480,520 $1,294,866 $877,383 Table 5. shows the acreage of Chapter 61 lands within the North River Corridor by town, # of parcels, assessed land values, and ranks them by high, medium or low priority for protection. There are 10 Chapter 61 parcels covering 219 acres with an assessed value of $480,520 that ranked as high priority in the weighted analysis. Both Marshfield and Pembroke have 3 and 4 parcels respectively covering over 80 acres in each town alone. This accounts for 70% of the high priority Chapter 61 parcels. Table 6 summarizes potential protected open space greater than 2 acres in the North River corridor by town, acreage, # of parcels, assessed land values and ranking for protection. (23)

24 Table 6. Potential Protected Open Space Ranking Town High Priority Medium Priority Low Priority Marshfield 248 acres 73 acres 24 acres 14 parcels 9 parcels 7 parcels $1,283,300 $1,153,300 $737,300 Pembroke 263 acres 93 acres 26 acres 29 parcels 22 parcels 8 parcels $1,036,200 $750,300 $532,900 Hanover 17 acres 6 acres N/A 2 parcels 3 parcels N/A $246,100 $466,400 N/A Norwell 178 acres 47 acres 110 acres 12 parcels 8 parcels 19 parcels $1,436,800 $588,800 $2,325,000 Scituate 40 acres 35 acres 11 acres 3 parcels 5 parcels 3 parcels $22,000 $651,200 $56,000 North River Corridor 746 acres 254 acres 171 acres 60 parcels 47parcels 37 parcels $4,024,400 $3,610,000 $3,651,200 There are 746 acres classified as high priority for potential protected open space. These 746 acres constitute 60 parcels, with each parcel averaging 12 acres and an average assessed value of $54,000 per acre. Over 47 parcels have a medium priority, covering 154 acres with an average parcel size of 5.4 acres and an averaged assessed value of just over $14,000. If both high and medium priority parcels were protected we could protect over 100 parcels totaling 1,000 acres with an average assessed value of $7,635 per acre. Parcels greater that 2 acres with the potential for conservation restriction are parcels with a structure on the property. Table 7 shows an analysis of these parcels summarizing acreage, # of parcels, assessed values and ranked as high, medium or low priority for protection Table 7. (24)

25 Table 7. Potential Conservation Restriction Parcels Ranked by Priority Town High Priority Medium Priority Low Priority Marshfield 205 acres 339 acres 296 acres 11 parcels 42 parcels 74 parcels $3,288,400 $10,932,800 $14,821,000 Pembroke 482 acres 103 acres 180 acres 37 parcels 21 parcels 60 parcels $4,606,000 $2,058,100 $5,902,550 Hanover 34 acres 35 acres 42 acres 2 parcels 5 parcels 13 parcels $508,400 $1,140,300 $2,540,900 Norwell 538 acres 153 acres 309 acres 20 parcels 22 parcels 103 parcels $5,603,000 $6,466,700 $24,637,400 Scituate 29 acres 35 acres 109 acres 2 parcels 9 parcels 30 parcels $870,900 $1,734,200 $6,382,200 North River Corridor 1288 acres 665 acres 936 acres 72 parcels 99 parcels 280 parcels $8,987,300 $22,332,100 $54,284,050 There are 1,288 acres that have a high priority for protection through use of a conservation restriction mechanism. It is interesting to note that most of these parcels abut the North River. The average parcel of high priority would be 18 acres and average cost would be $6,977 per acre. It is interesting to note that the total high priority assessed values is considerably less than the medium or low priority total assessed values. Larger parcels tend to be assessed for less per acre in general. (25)

26 Conclusion While the North River has been uniquely protected both through regulation and conservation, Protecting what Matters; in the North River Corridor identifies the potential for further protection of lands along the North River. Thirty five percent of the total land area of the North River Corridor is presently protected either owned outright by lands trusts and towns or through existing conservation restrictions. in the North River Corridor demonstrates that there is a potential to further protect another 1171 acres or 14% through acquisition and another 2889 acres or 35% through conservation restrictions. Focusing on just the high priority lands for acquisition, there is a potential to protect another 746 acres along the North River Corridor at an assessed property cost of approximately $4 million. This is an average of $5395 per acre. In addition, focusing on the high priority lands for conservation restrictions there is a potential to protect another 1288 acres at a cost of almost $9 million at an average cost of $6977 per acre. If one has to decide which high priority parcel should be protected a weighted decision should be given to lands abutting currently protected open space that is identified as priority habitat for rare and endangered species. These lands are the potential corridors for encouraging wildlife and biodiversity. There are approximately 2797 acres or almost 34% of the total acreage of these priority habitats in the North River Corridor. This is an unusually high percentage thus all the more reason to protect this unique natural heritage. Many priority parcels for protection identified in this project are protected under the state s Wetlands Protection Act. Each parcel must be evaluated accordingly. However, it is our belief that wetlands should be protected through ownership as well. The lessening of the wetlands protection laws in recent past has demonstrated that wetlands will not always be protected. It is unrealistic to think we can protect all the remaining undeveloped lands in the North River Corridor. Therefore we must prioritize what lands can be protected. This project is the essential first step in beginning the dialogue and framing the question of how much land can we protect and at what cost? The North and South Rivers Watershed Association would like to see this plan used as the foundation for valuating the parcels identified through this study. This report lays out a framework for protection in a systematic way. It is our goal to bring this project to the attention of those who are able to facilitate the process of protecting priority lands such as the land trusts whom we have partnered with and other potential partners such as The Nature Conservancy and the Trust for Public Land. We will make presentations to the Community Preservation Committees in each of the towns in the river corridor. Based on the criteria of each land trust, we will establish which lands are in the interest of which land trust or town. Ultimately, land trusts and (26)

27 towns will need to actively pursue property owners. One way to make contact with owners is to hold an informational workshop on the financial benefits of conserving land as well as contributing to the legacy of our unique natural heritage. Another goal is to work with towns in helping them empower ways to protect open space. One way is to facilitate the process of updating open space plans. Another way is to make sure towns have properly identified and recorded by deed which town owned lands are protected under the Commonwealth s article 97. Lands protected under this article can only be used for other purposes other than conservation or recreation if there is a two thirds major vote at town meeting and in the Legislature. Time is of the essence. Since this project was started over a year and a half ago several large parcels along the river have been purchased for development including a parcel in Marshfield being developed under the state s Chapter 40B regulations that supersedes local bylaws. This parcel contains the important criteria for protection as presented in this project: it abuts existing open space, has rare and endangered species habitat, directly abuts the river and is greater than 5 acres (17 acres). Time was not on our side for this parcel. These high priority lands must be protected as soon as possible. (27)

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