LandChoices: Opportunities for Landowners to Preserve Their Land

Land Choices: Changing Development in America

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Frequently Asked Questions

Frequently Asked Questions about Conservation Subdivisons: Myths and Misconceptions

Isn't a conservation subdivision just one more type of "sprawl" or over-development in fringe areas that should be preserved?

Perhaps the question is best answered in the quote below:

Most of the development in the United States, 90 percent or something like that, is new development on the edge. If we ignore that and just concentrate on infill, the edge city will never repair itself...It would be a mistake for people who care about cities and urban design to assume that any greenfield development is bad—because it’s going to happen, and if it doesn’t improve it will overwhelm whatever infill we are doing in the cities.

—Milwaukee Mayor John Norquist, interview in Metropolis, October 2003

The fact is, development in our fringe areas is going to happen, and we can either continue with look-alike, soulless subdivisions that often destroy the very features they are named after, or we can make certain that whatever development happens in the future is done right, conserving natural resources and creating a high quality of life for the home buyers and residents of the greater region. The reality is that there is not enough government or non-profit money to purchase for preservation many of the private lands that come up for sale.

Many landowners want a good amount of equity out of their lands. Conservation subdivisions are one of the ways the special features of these lands, along with the wildlife and rural lifestyle, can be preserved while providing the landowner with a good return on investment.

In addition, many developers stay away from infill development due to possible complications. From the May, 2008 issue of Professional Builder magazine: "That said, infill developments are tricky. Steven Brock, founder and CEO of Brock Built in Atlanta says, 'Patience is the key. It's not like working in the suburbs. You have to deal with the city's bureaucracy and with the scrutiny of neighborhood associations. They can be tough, but their hearts are in the right place.'"

Is conservation subdivision design the same as clustering?

No. Clustering normally only preserves 25% to 30% of the land and this protected land often includes land that could not be built on, i.e. unbuildable wetlands, steep slopes and floodplains. In addition, clustering uses the old style of pushing homes close together in pod-like arrangements.

Conservation subdivisions on the other hand, in addition to preserving the unbuildable lands mentioned above, preserve 50% to 70% or more of the dry buildable land and creates large interconnected networks of protected open space. Conservation subdivisions strategically place home sites for privacy and the best views of open space.

(A blanket statement stating a percentage, say 60% for example, of the GROSS land perserved as open space is problematic considering the variation in the amount of land on a given tract with environmental constraints - wetlands, floodplains, steep slopes - already restricting the buildability of the site.)

How is land permanently preserved in a conservation subdivision?

Normally a homeowner's association oversees stewardship to make certain the land is protected. Deed restrictions written into the master deed ensure preservation.

In cases where local land conservancies or land trusts are active, the land can be preserved permanently using a conservation easement. This is the most effective way to guarantee permanent protection of the land as a conservation easement is a legal agreement. The land trust movement is still young and many regions of the country do not have active land trusts. In these cases, the deed restrictions ensure preservation until a time when a local land trust is formed and can protect the land with an extra layer of protection using conservation easements.

Who pays the taxes on the open space lands in a conservation subdivision?

Whoever owns the conservation land is responsible for taxes. In most cases the homeowner's association owns the conservation land and is responsible to pay the taxes. The taxes are normally the same rate as what a homeowner would pay in a conventional subdivision development. In some cases an individual landowner, or in rare cases a land trust or municipality, may own the conservation land and be responsible for the taxes.

How do conservation subdivisions contain the same number of home sites as conventional subdivisions if they preserve a majority of the land?

Designers build conservation subdivisions to maximize open space without reducing the number of homes that can be built. Homes are located on half (or less) of the land and the remaining property is preserved. The homes are simply arranged with care to protect land and for maximum value by placing them on the site for great views of open space.

As conservation subdivisions lot sizes may not be quite as large as in conventional subdivisions, aren't they harder to sell?

Studies point out that lots in conservation subdivisions often sell faster than lots in conventional subdivisions. For an example close to home, lots on lakes and golf courses normally are a bit smaller and they are often the fastest selling real estate in our country. Substitute the lake or golf course with open space, hiking trails and wildlife and you have a conservation subdivision. Randall Arendt, the nation's foremost authority on conservation subdivisions and a member of LandChoices' Advisory Group defines conservation subdivisions as "The golf course development without the golf course."

Lot sizes in conservation subdivisions vary in size determined by market demand and the area. For instance, in Sugar Creek Preserve, a conservation subdivision in southern Wisconsin, lot sizes range from 40,510 sq. ft. (.93 acres) to 187,448 SF (4.3 acres) with the average being 53,500 sq. ft. (1.3 acres). Other conservation subdivisions offer lot sizes of 3/4 acre, 1/2 acre, and some in urban settings offer lot sizes at 1/4 acre. As most of the homes have views of open space, and access to these acres, the size of the yard becomes much less important.

Don't most home buyers want the large McMansion style home on the large lot?

America is seeing a surge of home buyers who want all the amenities they are used to, but also want a smaller home in order to reduce payments and upkeep, and free up more time to enjoy life. Home buyers also want views of open space and access to parks and natural areas. "What would you rather have, 2 hours of lawn mowing and 15 minutes of walking the trails or 15 minutes of lawn mowing and 2 hours of walking the trails?" asks Randall Arendt.

Myth: I can't build as many homes in a conservation subdivision as I can if I build a conventional subdivision.

Reality: Conservation subdivisions allow the same number of maximum home sites as zoning allows if you were to build a conventional subdivision.

Myth: Conservation subdivisions increase density and include more home sites than would be allowed using a conventional subdivision design.

Reality: Conservation subdivisions have the same density and number of homes as zoning would allow with a conventional subdivision. According to noted planner Randall Arendt, some communities are misled by developers who tell the planners that they must have bonus densities or they will never use conservation subdivision design (developers falsely argue that smaller lots with quality open space do not sell for as much as larger ones without open space). Arendt recommends density bonuses only for things communities cannot legally require: public access to trails and open space, endowments for the open space, etc.

LandChoices is very concerned about the possible misuse of conservation subdivisions by uneducated developers or town planners that leads to poor land conservation principles. For this reason, LandChoices provides town planners and developers with a free, downloadable conservation subdivision ordinance at www.downloadtheordinance.org .

A conservation subdivision should NOT be confused with planned unit development (PUD), often called a "New Urbanism" community, where densities are greater and the percentange of open space is much less. PUD's focus their emphasis on infrastructure reductions and allow commercial development such as offices, markets, etc. along with residential units.

Myth: It costs too much to preserve forests, meadows and other dry, buildable natural lands.

Reality: Studies prove that setting land aside for natural areas costs less than clearing and grading that land and providing subdivision infrastructure.

My subdivision has a wetlands with homes. "Preserve" signs are posted. Is this a conservation subdivision?

No, this sounds like a pretty standard conventional subdivision as wetlands are normally not considered buildable lands. It sounds as if the developer used the wetlands as part of a marketing strategy.