[From the U.S. Government Printing Office, www.gpo.gov]



                                                   FY 1992 FINAL PRODUCT  Task 62
                                                      Heritage Inventory - Phase IV


		CONSERVATION PLANNING FOR THE
             MANAGEMENT AND PROTECTION
              OF NATURAL AREAS
         IN THE CITY OF VIRGINIA BEACH, VIRGINIA




                                 FINAL REPORT



                               Submitted To:

                     Virginia Department of Environmental Quality
                       Coastal Resource Management Program











                        Virginia Department of Conservation and Recreation
                                     Division of Natural Heritage


                            Natural Heritage Technical Report # 94-12
                                     June 1994















                  CONSERVATION PLANNING FOR THE MANAGEMIENT AND PROTECTION


                                                OF NATURAL AREAS


                                  IN THE CITY OF VIR(' INIA BEACH, VIRGINIA



                                                    FINAL REPORT



                                                    Prepared by the
                                   Virginia Department of Conservation and Recreation
                                              Division of Natural Heritage
                                            1500 East Main Street, Suite 312
                                                  Richmond, VA 23219

                                                    Project Manager
                                                       Larry Smith


                                            Principle Investigator and Authors
                                                       Clay Bernick
                                                     Caren Caljouw
                                                     Melissa Donoff
                                                       Sandra Erdle
                                                       Larry Smith

                                                  Contributing Authors
                                                     Kennedy Clark
                                                     Shepard Moon
                                                       Janit Potter



                                                       Prepared for
                                                 City of Virginia Beach

         '2w   This report should be cited as follows:

                      Smith, L. R. 1994. Conservation Planning for the Management and Protection of
                             Natural Areas in the City of Virginia Beach, 'Virginia.     Natural Heritage
                             Technical Report # 94-12.       Virginia Department of Conservation and
                             Recreation, Division of Natural Heritage. June 1994.


        Qr


















































                             A report of the Virginia Department of Environmental Quality's Coastal
                             Resources Management Program pursuant to National Oceanic and Atmospheric
                             Administration Award Number NA270ZO312-01. This paper is ftinded, in part,
                             by a grant from the National Oceanic and Atmospheric Administration, Office of
                             Ocean and Coastal Resource Management, under the Coastal Zone Management
                 ENT         Act of 1972, as amended. The views expressed herein are those of the authors
                             and do not necessarily reflect the views of NOAA or any sub-agencies.
            /'44


              -77









                                  Virginia- Department of Conservation and Recreation
                                              Division of Natural Heritage

                                                         Staff



              Thomas Smith - Division Director
                     Patricia Jarrell - Fiscal Technician Senior
                     Faye McKinney - Administrative Assistant
                     Leslie Trew - Natural Heritage Program Manager
                     Allen Belden - Field Botanist
                     Bill Moorhead - Ecologist
                     Gary Fleming - Field Ecologist
                     Christopher Ludwig - Botanist
                     Sarah Mabey - Migratory Songbird Research Specialist
                     Thomas Rawinski - Vegetation Ecologist
                     Steve Roble - Zoologist
                     Chris Hobson - Field Zoologist
                     Nancy Van Alstine - Field Botanist
                     Steven Carter-Lovejoy - Information Manager
                     Sarah Holbrook - Data Specialist
                     Megan Rollins - Data Specialist
                     Harold Evans - Conservation Intern
                     Caren Caljouw - Stewardship Coordinator
                     Kennedy Clark - Stewardship Biologist
                     Sandra Erdle - Conservation Planner
                     Lawrence Smith - Natural Areas Program Manager
                     Melissa Donoff - Natural Area Protection Specialist
                     Tom Stuart - Landscape Architect











                                                                           CONTENTS



                      SUMMARY         ..............    .....................................................................................    I


                      INTRODUCTION            ................................                                                                   2
                      Figure 1 - Protected Lands of the Northwest and North'Landing Rivers,
                      False Cape State Park, and Back Bay National Wildlife Refuge                        ....................................   3
                      Overview of the Department of Conservation and Recreation -
                      Division of Natural Heritage           .............................................................................       4
                      Table 1 - Definition of Natural Heritage Rarity Ranks                   ...............................................    5
                      Review of Natural Areas Inventory              ......................................................................      6
                      Conservation Planning Project            ...........................................................................       8

                      METHODS        ....................................................................................         .............  10
                      Collection of Information         .................................................................................        10
                      Conservation Planning Principles            .......................................................................        10
                      Ecological Boundaries        ......................................................................................        11
                      Geographic Information Systems              ........................................................................       13
                     ,Protection of Natural Areas          ..............................................................................        13
                      Figure 2 - Natural Area Protection Options                ..........................................................       14
                      Landowner Contact          .......................................................................................         15
                      Natural Area Registry        ......................................................................................        16
                      Natural Area Management Agreements                  ................................................................       16
                      Open Space Easements           ...................................................................................         17
                      Natural Area Dedication         ..................... 1 ...............................................................    17
                      Natural Area Acquisition          .................................................................................        18
                      Stewardship Guidelines          .....................................................................................      18
                      Recreational, Scenic, and Educational Consderations                   ...............................................      19


                      RESULTS AND RECOMMENDATIONS                              ............................................................      21
                      Conservation Planning Reports             ...........................................................................      21
                      Table 2 - Key To Conservation Planning Report Format                       ..........................................      22
                                Eastern Wetlands Natural Area            ..................................................................      24
                                Gum Swamp Natural Area              .....................................................................        32
                                North Landing River PocosinNatural Area
                                (North Pocosin Natural Area and Pungo Ferry Pocosin Natural Area)                           ................     39
                                Oakum Creek Natural Area             ....................................................................        50
                                Southern Marshes Natural Area             ...............................................................        56
                                Stumpy Lake Natural Area            .....................................................................        65
                      Landowner Contact Program - The APES Region As A Case Study                               .............................    71

                      LITERATURE CITATIONS AND PERTINENT REFERENCES                                          ................................    73


                      ACKNOWLEDGEMENTS                     ..............................................................................        79









                APPENDICES    ............................................................................................... 80
                A. Local Options for Conserving Natural Areas
                B. Open Space Handbook
                C. Landowner Contact Letter
                D. North Landing River Primer
                E. Landowner Contact Report Form
                F. Landowner Contact Follow-Up Letter
                @G. Natural Area Registry Brochure,
                H. Natural Area Registry Agreement
                1. Virginia Beach Agricultural Reserve Program
                J. Discover Virginia Beach Treasures Brochure










                                                            SUNMURY



                 The Virginia Natural Area Preserves Act defines natural areas as it    any area of land, water, or
                 both ... which is important in preserving rare or vanishing flora, fauna, native ecological systems,
                 geological, natural historical, scenic, or other similar feature ... of the Commonwealth" (Section
                 10. 1-209, Code of ViMLnia
                                              J. Natural herita e resources are defined as "the habitat of rare,
                 threatened, or endangered plant and animal species, rare or state significant natural communities
                 or geologic sites, and similar features of scientific interest" (Section 10. 1-209      , Code o
                 Virginia). The Virginia Department of Conservation and Recreation administers the Virginia
                 Natural Area Preserves Act through its Division of Natural Heritage.

                 In 1992, the City of Virginia Beach received a grant from the Coastal Resources Management
                 Program of the Virginia Department of Environmental Quality to conduct conservation planning
                 for natural areas identified through the natural areas inventory of the City of Virginia Beach.
                 The goal of the conservation planning project was to provide comprehensive and refined
                 information to guide the conservation of Virginia Beach's natural areas. The City worked
                 cooperatively with the Virginia Department of Conservation and Recreation to undertake this
                 conservation planing project.
                 `During this conservation planning project, additional data regarding each site's natural heritage
                 resources, threats, and.ownership, were collected. By combining the new data with existing
                 knowledge from the inventory project, the following information was provided for each of seven
                 natural areas through this project:

                        -       primary and secondary ecological boundaries for each natural area;

                        -       descriptions of the natural heritage resources of each site;

                        -       information regarding the current status, use, ownership, and zoning of each
                                natural area;

                        -       considerations for the recreational, scenic, and educational value of the sites; and

                        -       guidelines on options that the City can use to protect its natural areas.

                 The purpose    of this information is to facilitate well-informed planning and wise land use
                 decisions by   the City. The information is also intended to help guide the City in its own
                 endeavors to   actively protect the natural diversity within its jurisdiction. The report can be
                 further utilized to increase awareness of local officials and residents of regional biodiversity
                 issues, guide environmental review of projects which may affect the natural areas, and to assist
                 local conservation organizations in their land protection and environmental education efforts.










                                                        EVMOIDUCTION


                In 1989, the Virginia Department of Conservation'and Recreation, Division of Natural Heritage,
                was contracted by the City of Virginia Beach to begin work on a three-year natural areas
                inventory. The project was supported-for year one in its entirety by'the City. Years two and
                three of the project were supported through Coastal Zone Management grants from the National
                Oceanic and Atmospheric Administration, with. matching'- funds provided by the City. The grants
                were administered by the Coastal Resources Management Program of the Virginia Department
                of Environmental Quality (formerly the Virginia Council on the Environment). The goal of the
                inventory was to systematically identify the region's best remaining natural areas, wetlands and
                rare species sites. Twenty-three significant natural areas were documented in this study, and
                combined into eighteen natural areas for management and identification purposes. The final
                report for the natural areas inventory was completed in 1993 (Clampitt, et. al.).

                In. 1993, the City of Virginia Beach received a grant from the Coastal Resources Management
                Program to complete a conservation planning project for natural areas identified in the inventory.
                Matching funds were provided by the City, with the conservation planning work to be
                undertaken in cooperation with the Department of Conservation and Recreation, Division of
                `Natural Heritage. Of the original eighteen natural areas identified in th e natural areas inventory,
                eleven were chosen as priorities for conservation planning and landowner contact, based upon
                their biodiversity significance and ownership status. This report relates the methods, results,
                and conclusions from the conservation planning effort for seven of these eleven natural areas in
                Virginia Beach. The other four priority natural areas are undergoing final study and will be
                included in a supplement to this final report to be completed later this year. The remaining
                seven areas were not chosen due to being combined into the eleven priority areas for
                management planning purposes, being located on federal or state properties, or due to the
                relatively lower biodiversity significance evidenced at these areas.

                The seven natural areas presented in this report comprise some of the most significant natural
                areas within the City of Virginia Beach. The purpose of the conservation planning project is to
                provide comprehensive information to guide the management and protection for these significant
                natural areas.     Individual objectives for this conservation planning project include the
                development of natural area protection boundaries, natural area management and protection
                strategies, the implementation of a natural area landowner contact and education program, and
                site protection for these high priority natural areas.

                Numerous natural areas have been acquired for protection in the City of Virginia Beach, both
                prior to and as a direct result of the natural areas inventory. Figure 1 gives identifies the
                locations and landowners of these protected lands.





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                EPROTECTED LANDS OF THE NORTHWEST AND NORTH LANDIN
                OFALSE CAPE STATE -PARK AND BACK BAY. NATIONAL WILDLIF.


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                OVERVIEW OF THE DEPARTMENT OF CONSERVATION AND RECREATION
                DIVISION OF NATURAL HERITAGE

                The Virginia Natural Area Preserves Act of 1ï¿½89 (Section 10.- 1-2.09 et. -sea- -Code -of YjMjnW
                directs the Virginia Department of Cbnservation and Recreation to "preserve the natural diversity
                of biological resources of the Commonwealth. " The Act further establishes the Virginia Natural
                Heritage Program and requires the Department to develop a natural heritage plan, produce an
                inventory of the Commonwealth's natural heritage resources, maintain a natural heritage
                data bank of inventory data, and provide for the protection and stewardship of natural areas.
                The Virginia Department of Conservation and Recreation administers the Virginia Natural Area
                Preserves Act through its Division of Natural Heritage. The Department of Conservation and
                Recreation, Division of Natural Heritage is the Commonwealth's principal collector and manager
                of information on natural heritage resources and performs a variety of protection and stewardship
                tasks for priority natural areas and natural heritage resources throughout the state. Natural
                heritage resources are defined as "the habitat of rare, threatened, or endangered plant and
                animal species, rare or state significant natural communities or geologic sites, and similar
                features of scientific interest" (Section 10. 1-209, Code qf YiMigW. The Virginia Natural Area
                Preserves Act defines natural area as "any area of land, water, or both ... which is important in
                preserving rare or vanishing flora, fauna, native ecological systems, geological, natural
                historical, scenic, or other similar feature ... of the Commonwealth" (Section 10. 1-209, Code of
                Virginia).

                Each natural heritage resource is assigned a rank that indicates its relative rarity on a five-point
                scale G = extremely rare, 5 = common) or otherwise indicates the status of the species with
                letters (e.g., X = apparently extirpated). Table I defines each rank in detail. Each natural
                heritage resource receives two ranks. One r-,mk indicates the resource's rarity throughout its
                entire range (the global or "G" rank) and the other indicates the resource's rarity within Virginia
                (the state or "S" rank). For example, mountain camellia is ranked as G4/S2 indicating the
                species is uncommon throughout its range and very rare in Virginia.

                The primary criterion for ranking natural heritage resources is the number of occurrences, that
                is the number of known distinct locations containing that resource. Also of great importance to
                the ranking process is the number of individuals at each location or, for highly mobile
                organisms, the total number of individuals. Other considerations include the condition of the
                occurrences, the number of protected occurrences, and threats. Although all species protected
                under state or federal endangered species laws are rare, not all rare species are listed as
                endangered or threatened. Natural heritage rarity ranks should not be interpreted as legal
                designations,  but as indices of known biological rarity.

                In addition to ranking each natural heritage resource in terms of rarity, Department of
                Conservation and Recreation scientists also rank each location or occurrence of natural heritage
                resources in Virginia on a four-point scale (A = excellent, D = poor), so that protection efforts
                can be aimed not only at the rarest natural heritage resources, but at the best examples of each.
                In the case of species, an occurrence of a natural heritage resource is ranked according to its


                                                                 4










                TABLE I      DEFINITION OF NATURAL HERITAGE RARITY RANKS


                State rarity ranks are defined below; global rarity ranks are similar, but refer to a species rarity
                throughout its entire range. State and global ranks are denoted, respectively, with an "S" and
                a "G" followed by a character. Note that GA and GN are not used and GX means extinct.
                These ranks should not be interpreted as legal designations.


                        Sl     extremely rare; usually five or fewer occurrences in the state or may be few
                               remaining individuals; often very vulnerable to extirpation

                        S2     very rare; usually between five and twenty occurrences or with many individuals
                               in fewer occurrences, often susceptible to becoming extirpated

                        S3     rare to uncommon; usually between twenty and one hundred occurrences; may
                               have fewer occurrences, but with many large number of individuals in some
                               populations; may be vulnerable to large-scale disturbances

                        S4     uncommon to common; usually more than one hundred occurrences, but may be
                               fewer occurrences with many large populations; may be restricted to only a
                               portion of the state; not usually vulnerable to immediate threats

                        S5     very common; demonstrably secure under present conditions

                        SA     accidental in the state


                        SH     historically known from the state, but not verified for an extended period (usually
                               fifteen or more years); this rank is used primarily when inventory has been
                               attempted recently

                        SN     regularly occurring migrants, transients, or non-breeding seasonal residents;
                               usually no specific site can be identified with its range in the state; note that
                               congregation and staging areas are monitored separately

                        SU     status uncertain; often because of low search effort or cryptic nature of the
                               resource


                        SX     apparently extirpated from the state








                                                                 5








                 quality (size and vigor of population, etc.), condition (natural quality of habitat, etc.), viability
                 (the likelihood of long-term survival of resource), and defensibility (level of difficulty of
                 protecting the resource). Given the intimate relationship between a natural community and its
                 environment, occurrences of rare or exemplary, natural communities are ranked in terms of their
                 quality and size.

                 One of the  many ways that the Department of Conservation and Recreation, Division of Natural
                 Heritage uses the ranks of natural heritage resources and their locations is to assess the
                 biodiversity significance of natural areas, which may include only one natural heritage resource
                 or may harbor many. Based upon the ranks, inch site is assigned a biodiversity (or "B") rank
                 on the following five-point scale:

                         B1     outstandine significan , only known site for a natural heritage resource or an
                                excellent occurrence of a G1 species

                         B2     yM high significance, the best example of any natural community type, a good
                                occurrence of a 01 species, or an excellent occurrence of a G2 or G3 species

                         B3     high significan , excellent example of any natural community type, a good
                                occurrence of a G3 species

                         B4     moderate significance, a good example of a rare natural community type, a fair
                                occurrence of a G3 species, an excellent or good occurrence of a S I or S2 species

                         B5     general significan , fair to poor occurrence of a rare natural community, an S1
                                species, or S2 species, an excellent or good occurrence of a S3 species

                 Natural areas which harbor many natural heritage resources may have their B rank upgraded to
                 a level higher than that which would be indicated by the presence of any one of the resources.
                 For example, a sitecontaining good occurrences of four different G3 species would be ranked
                 B2, rather than B3.



                 REVIEW OF NATURAL AREAS INVENTORY


                 The goal City of Virginia Beach natural areas inventory conducted from 1989 to 1993 was to
                 systematically identify the best remaining natural areas of the City. The natural areas inventory
                 was conducted in six steps:

                         I-     review aerial photographs;
                         2-     gather existing information;
                         3-     conduct aerial reconnaissance of potential natural areas;
                         4-     perform an initial ground survey;
                         5-     complete a thorough biological. survey of each potential natural area; and


                                                                  6








                          6-    compile the results and prepare a final report.

                 At the completion of the natural areas inventory, the Department of Conservation                 and
                 Recreation, Division of Natural Heritage had records of 20 rare vertebrate species (7 birds, 5
                 mammals, 4 reptiles, 2 amphibians, 2 fish), 39 rare invertebrate species, 82 rare plant species,
                 and 2 rare mosses from the City of Virginia Beach. Nineteen natural communities of statewide
                 significance were also identified. These findings rank the City first in terms of biodiversity
                 significance of all localities in the Commonwealth located east of the Blue Ridge geological
                 province.

                 Thirty-four potential natural areas were identified during the early phase of the Virginia Beach
                 inventory. Further investigation determined that of these, 23 ecologically significant potential
                 natural areas were documented and found to support natural heritage resources. The sites were
                 prioritized according to their biological significance, described in detail, and mapped. Eight of.
                 the potential natural areas have been altered or heavily disturbed and are unlikely to support any
                 rare, threatened, or endangered species or significant natural habitats. The remaining 3 potential
                 natural areas were of low priority and were omitted from the inventory because of difficulty of
                 access. While these 11 areas have an extrernely low potential for supporting natural heritage
                 resources, they may be important to the City for 6iher reasons, e.,g., bufferingwater courses
                 from upland developments or as open space and greenways. In reviewing the resu            Its of the
                 '
                 inventory, several of the potential natural areas were merged to form 18 natural areas, which
                 ranged in size from 50 acres to over 4000 acres. Twelve of the 18 natural areas are of statewide
                 significance (i.e., ranked B4 or higher). During this inventory, Department of Conservation and
                 Recreation scientists developed preliminary conservation planning boundaries for these 18 sites.
                 In developing these boundaries, the scientists considered a number of factors, including habitat
                 for rare species, protection of water quality, and buffers from adjacent land uses.

                 In addition to the 18 natural areas identified in the inventory, 14 other natural areas were
                 identified previously by the Department of Conservation and Recreation, Division of Natural
                 Heritage, within the City of Virginia Beach. These areas were identified during inventories of
                 state and federal lands. Together, these comprise a grand total of 32 natural areas located within
                 the City of Virginia Beach.

                 The preliminary conservation planning boundaries for the 18 identified natural areas were
                 intended to be used to support. wise planning and decision-making for the conservation of the
                 natural areas. In the final report on the inventory project, the Department of Conservation and
                 Recreation, Division of Natural Heritage encouraged the City of Virginia Beach to take the
                 following actions to protect these sites:

                          I-    Participate fully in the development of local protection tools;

                          2-    Properly manage natural areas within the City of Virginia Beach;




                                                                  7








                        3-     Include the Division of Natural Heritage in the review of projects in or near
                               natural areas;

                        4-     Promote strategies for *increasing tourism that utilizes  the City's natural areas in
                               a compatible manner;

                        5-     Expand public awareness of the need for protecting and managing natural areas;
                               and

                        6-     Increase cooperation among pertinent organizations.

                Further information regarding the inventory project can be found in An Inventory for Southeast
                Virginia's Critical Natural Areas, Exe           y Wetlands. and Endangered SMies Habitats
                Natural Heritage Technical Report #93 - 13 (Rawinski and Fleming, 1993), and in A Natu
                Areas Inventory of the Cily of Virginia Beach, Virginia Natural Heritage Technical Report #93-
                14 (Clampitt et. al., 1993). A listing of the other inventory projects conducted on state and
                federal lands within the City of Virginia Beach is contained in the literature citations and
                pertinent references section this report.


                CONSERVATION PLANNING PROJECT

                The goal of the City of Virginia Beach conservation planning project is to provide more
                comprehensive and refined information to guide the conservation, management and protection
                for eleven significant natural areas identified in the inventory project. Conservation planning
                for the natural areas of the City of Virginia Beach is the logical next step after the natural areas
                inventory. As noted previously, this report contains information for seven of the eleven priority
                natural areas, based on biodiversity significance. The remaining four natural areas will be
                documented in a supplement to this final report to be completed later this year. The supplement
                to this final report will also contain digitized conservation planning boundaries for use by the
                City of Virginia Beach in their geographic information system.

                To complete this project, additional information on the natural heritage resources, threats, site
                management and protection. needs, and ownership was collected for each natural area. In the
                immediate future, landowners for each of these natural areas will be contacted by Department
                of Conservation and Recreation staff in an effort to educate them about the ecological
                significance of their land and to discuss natural area management and protection needs.

                By combining the new data with existing knowledge from the inventory project, the following
                information was provided for each of the seven natural areas through this project:

                               refined conservation planning boundaries and biodiversity ranks for seven of the
                               eighteen state - significant natural areas;



                                                                  8








                               more detailed descriptions for the natural heritage resources and ecological
                               significance of each site;

                               expanded protection and stewardship recommendations for each natural area;

                                                                -nt status and use of each site;
                               further information on the curre


                               basic information regarding ownership and zoning of each natural area;

                               considerations for the recreational, scenic, and educational value of each site; and

                               information regarding options the City of Virginia Beach can utilize to protect its
                               natural areas.


                The purpose   of this information is to facilitate better natural area protection and ecological
                management, well-informed planning, and wise land use decisions by natural resource agencies,
                conservation groups, and the City of Virginia Beach. The information win help guide the City
                decision makers in their endeavors to actively protect. the natural diversity of their localities.
                The report can be further utilized to increase awareness of local officials and residents of
                regional biodiversity issues, guide environmental review of projects which may affect the natural
                .: areas, and to assist local conservation organizations in their land conservation and environmental
                education efforts.


                The conservation planning boundaries and recommendations for protection and stewardship
                ftimished in this document should not be interpreted as acquisition boundaries, proclamation
                boundaries, or regulatory land-use zones. ln.stead, the conservation planning boundaries and
                recommendations should be considered as tools to help steer wise land use planning on the
                complex economic, social, and ecological landscape at all levels of government and the private
                sector.


                The involvement of the Virginia Department of Conservation and Recreation in the conservation
                of these natural areas does not end with the submission of this final report. The Department is
                committed to providing assistance and support to local governments, developers, consultants,
                conservation organizations,. businesses, and private citizens concerned with the preservation of
                biodiversity in the remaining natural areas of the City of Virginia Beach. Additional meetings
                will occur with natural area owners here to further the site protection and management
                objectives. The Department of Conservation and Recreation will also continue to use the
                information in this report to guide its environmental review activities in the City of Virginia
                Beach.









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                                                           MEIMODS



                COLLECTION OF INFORMATION

                For this conservation planning project, existing knowledge regarding the natural areas and new
                information relevant to their conservation and the natural heritage resources they support were
                collected and studied. Recent aerial photography, soil -surveys, field notes from the inventory
                project, scientific publications, and conservation literature were included in this review.
                Additionally, several scientific and conservation experts outside of the Department of
                Conservation and Recreation, Division of Natural Heritage were consulted for their specialized
                information or skills relating to conservation of the natural areas.

                Property ownership and zoning was researched for each natural area from City records. Basic.
                ownership and zoning information is provided in each natural area report presented -in the results
                section.


                Each natural area was visited at least once (luring the data collection phase of this project.
                During the visits, efforts were made to find the natural heritage resources originally documented
                by the inventory project, locate additional resources associated with the sites, assess the
                condition of the resources, determine threats to the resources, and establish what protection and
                stewardship measures are necessary to insure the long-term survival of the resources.


                CONSERVATION PLANNING PRINCIPLES

                Standard natural heritage conservation planning guidelines were used for this project. The first
                step of conservation planning involved gathering of information relevant to the site including
                information on natural heritage resources, geology, hydrology, landscape features, economic and
                social factors of a site. An ecological analysis of this information is conducted and provides the
                scientific foundation for the conservation planning process. In addition a stress analysis is
                conducted and provides information which will shape the protection and management
                recommendations included in the plan. After these analyses are completed, the ecological
                boundaries are determined and landownership information is compiled. The ownership
                information allows for further refinement of the protection strategies. Stewardship strategies are
                best determined with an understanding of ecological forces influencing a natural area and
                particular ecosystems. In developing management recommendation, the following categories are.
                considered: ecological management, monitoring, research, inventory, and public use/facilities
                management.

                Additional information on these planning guidelines can be found in the Preserve Selection and
                Design Manual of The Nature Conservancy and in site conservation planning procedures outlined
                in reports of the Department of Conservation and Recreation, Division of Natural Heritage.



                                                                10










                 ECOLOGICAL BOUNDARIES


                 A principle component of conservation planning for any natural area is the conservation
                 planning, or ecological boundaries.       Preliminary conservation boundaries, such as those
                 established in the City of Virginia Beach natural areas inventory, are carefully refined into two
                 ecological boundaries: primary and secondary. It should be noted here that these boundaries are
                 delineated for planning purposes only and have no regulatory intent.

                 The primary ecological boundary encompasses the natural heritage resources of the site and the
                 secondary ecological boundary includes all areas intended to mitigate threats to the natural
                 heritage resources and allow for proper ecological management. The area within the primary
                 boundary should normally be r6stricted -from disturbance of any kind, while some
                 environmentally sensitive land uses are compatible with the conservation of the area between the
                 primary and secondary boundaries.

                 The primary ecological boundary simply includes all known occurrences of natural heritage
                 -resources at a site. Because "natural heritage" resource is defined (in part) as the habitat of rare
                 species, the primary ecological boundary encompasses the locations where rare species have been
                 documented as well as the surrounding habitats in which they are likely to be found. The
                 conservation planner should be intimately familiar with the habitat requirements of the species
                 in question and the habitats available in the natural area. Primary ecological boundaries around
                 rare or exemplary natural communities delineate the extent of the communities. This requires
                 the planner to be knowledgeable regarding the ecological parameters defining the natural
                 community type. The primary ecological boundary does not include any "buffer" to separate
                 the natural heritage resources from the effects of adjacent land (or water) uses. Primary
                 ecological boundaries may also include species movement corridors connecting two or more
                 stations of natural heritage resources of the same type within a single natural area. Corridors
                 are only included in the primary ecological boundary where they are determined to be essential
                 habitat for the survival of the resources within the natural area.


                 The secondary ecological boundary includes all lands and water intended to mitigate natural
                 and human threats to the natural heritage resources of the site and lands related to special
                 management needs. The secondary ecological. boundary is often used to indicate an area within
                 which certain land (or water) uses may affect the viability of the natural heritage resources.
                 Occasionally, secondary ecological boundaries are also used to designate areas for some types
                 of ecological management or scientific research, such as areas for fire breaks for prescribed
                 burning or wildfire control.      Secondary ecological boundaries may also include species
                 movement corridors.       Unlike corridors within primary ecological boundaries, corridors
                 designated by secondary ecological boundaries normally connect two or more natural areas
                 containing similar resources, not similar habitats within a single natural area.

                 The most common purpose of secondary ecological boundaries is to provide a buffer zone to the
                 primary, or core, area. Buffer zones are areas of transition between natural heritage resources'
                 and surrounding land uses designed to protect the resources within the primary boundary from






                damage or degradation'. Even the strongest and most complete protection of the core area
                containing natural heritage resources would be useless if surrounding land uses incompatible with
                the existence of the natural heritage resources were -not attenuated. Buffer zones are generally
                the most effective and convenient way to protect natural heritage resources from surrounding
                incompatible land uses. The size and composition of a buffer zone varies depending upon the
                biology of the natural heritage resource and the disturbances to which it may be subjected. A
                buffer zone may be designed to protect the core area by maintaining surfa   ce and ground water
                quality and quantity, preventing alterations of' ambient' light, temperature, humidity, or wind
                conditions, or screening sensitive organisms from human activities and noise. Buffer zones can
                also be designed to minimize soil erosion and to prevent the invasion of a ggressive or "weedy"
                species.

                The design of effective secondary ecological 'boundaries requires that the planner be familiar
                with the biology and threats of the natural heritage resource and have a basic understanding of
                how ecosystems function. An understanding ofthe structure, function, and uses of the landscape
                and movement patterns of species upon the landscape is also essential. For these reasons, site
                visits to targeted natural areas are mandator@ before accurate ecological boundaries can be
                designed.

                The best and most current information is always used to guide the conservation planning
                decisions. As the knowledge of the biological., geological, hydrological, social, and economic
                aspects of the natural area increases or chariges, alterations or revisions in the ecological
                boundaries may be necessary to reflect the updated information. In some cases, complete
                information is not available. For example, the biology of some species is not well-understood
                due to a lack of scientific research or sometimes abiotic (non-living) environmental factors, such
                as ground water flow patterns or soil composition, have not been determined for an area. In
                these cases, conservation planning decisions are based upon the available information on and
                knowledge extrapolated from similar species, natural communities, and ecosystems.

                The determination of compatible activities and uses within the primary and secondary ecological
                boundaries is dependent upon the biology of the natural heritage resources of the site and the
                ecology of the natural area. Land use standards are specific to each site and may vary even
                among sites that support similar natural heritage resources if other environmental factors are
                different.


                Secondary ecological boundaries are not designed to protect the natural heritage resources from
                large scale environmental catastrophes such as global warming or acidic precipitation. Solutions
                to these broad problems must be addressed in similarly broad environmental education, policies,
                and regulations.

                Primary and secondary ecological boundaries should not be interpreted as regulatory zones or
                acquisition boundaries, but as conservation tools to help guide the protection and stewardship
                of natural heritage resources.



                                                               12








                Ecological boundaries for each natural area are presented in the conservation planning reports
                in the results and recommendations section.



                GEOGRAPHIC INFORMATION SYSTEMS


                A geographic information system is a computer system which integrates traditional electronic
                databases with layered digitized graphic information' about landscapes. Geographic information
                systems allow the merging, analysis, and manipulation of the graphic and text data in concert.
                Local governments often use geographic information systems to relate their mapped information,
                such as property tracts, zoning, and utility and road corridors, to the corresponding text data,
                such as property owners, land use, and utility service information. The City of Virginia Beach
                has a geographic information system on-line and is considering the installation of a companion
                pc-based system for use as an on-line network environment query system, as well.

                With the assistance of the Department of Conservation and Recreation, Division of Natural
                Heritage, the City of Virginia Beach will be generating digitized primary and secondary
                ecological boundaries for each natural area. The City intends to commence this work following
                completion of the other four priority natural areas which are currently undergoing final study.
                The digitized geographic data for each natural area and its accompanying attribute data will be
                included in a supplement to this final report to be completed later this year. The City will be
                able to incorporate the.electronic natural area data into their geographic information- system.
                This will allow planning staff to examine the ecological boundaries integrated with other
                mapped information already in its geographic information system.


                PROTECTION OF NATURAL AREAS

                Many natural area protection tools are available to local governments, conservation
                organizations, natural resource agencies, and private citizens. Examples include acquisition,
                easements, natural area registry, and conservation zoning. Figure 2 depicts a conceptual model
                of land protection options used by the Department of Conservation and Recreation. The City
                of Virginia Beach has all of these protection options available (except Natural Area Dedication)
                for its use, plus several protection options unique to local governments. Two documents to
                guide the City in its efforts to secure protection of the natural areas within its jurisdiction appear
                in Appendix A and Appendix B.

                An important primary component of the City of Virginia Beach conservation planning project
                will be the task of contacting natural area landowners and seeking protection for these natural
                areas. A more complete discussion of the landowner contact procedure follows this section of
                the report.





                                                                  13











                 TAKE 2. Natural Area Protection 'Options.
                                          NaturWHeritage Inventory
                                                 and
                                         kler0cation of Natural Areas

                                It " otilaulng Options to lNuent Owners of NaWral Areas
                                                  I
                                 Does Wxh wish to pmW Woperty permanmV


                              YES                                   NO
                               I
               Does Wdowner wish vi continue to own prop&W
                               I


                              Tr-*               NO                 I
                                                             *Nonbinding Agreement
                               I                             (-NabffW Area Registry)
                       *Corw   n Easement                  (-Forest Stewardship l3rogram)
                           *Dedicdon                              *Lease
                        Vartial Divided Interest             VanagementAgreement
                         *Remainder Interest                  *MutualAWeements
                            *Bequed                        *Agricultural & Forestal Dlstrlct


                                      Does Landomer wish compensation?



                              YES                                   NO



                           *Bargeln Sale                       *Outright Donation
                         *Sale by installment                 *Dondon by Bequest
                       *Sale at Fair Market Value         *Donatlon of Reserved We Estate
                     *Sale with Reserved Life                    *Lease Back
                             *Opdon                        *Donaton of Undivided Interest
                         *Ffight of First Rehisal
                        *Umked Development
                          *Land Exchange


                           Does Landowner wish to rWft future uses of land uMn transW of Me?
                                                  I


                                                                    NO


                       *Pflor %wft of Easement                          of Title
                         *Deed Restrictions
                 *Cwditiorw Trans* with reversiorm" Kwed
                            *DWcdon








                 Several protection options are available to ensure the conservation of natural heritage resources
                 and the natural areas in which these resources occur. The options are chosen to meet the
                 individual needs of the particular area of land as well as the desires of the individual landowner.
                 A specific protection tool may be used individually or more than one may be used in conjunction
                 with another. Some options encourage voluntary protection, without legal implications or long-
                 term commitments; other options legally protect property for extended periods or permanently
                 to ensure protection today as well as the future.



                 LANDOWNER CONTACT


                 One of the most simple, but crucial, tool5 for protecting natural areas is a landowner contact
                 program.' Many natural areas are degraded simply due to lack of knowledge. It is extremely
                 important to inform the landowners that their property is ecologically significant. It is very.
                 di fficult for someone to protect a resource if they are unaware that it exists.

                 Th e purpose of this program is three-fold:

                        I-      to inform natural area owners that their land is of high ecological sign  ificance;

                        2-      to educate landowners about the natural heritage resources on their property, the
                                value of protecting biological diversity, reasons for species or natural community
                                rarity, and the threats, management, and conservation needs of their site; and

                        3-      to establish a positive relationship with a landowner so that future contact and
                                conservation strategies may be approached.

                 Five steps are involved in the process of contacting landowners: conducting ownership research,
                 preparing introductory letters, scheduling personal meetings, compiling site packages, and
                 visiting the landowner. Once the significant lands are determined, ownership information and
                 boundary maps are collected from local courthouses. Next, an introductory letter (Appendix C)
                 is mailed that briefly explains the Department of Conservation and Recreation, Division of
                 Natural Heritage's purpose, why the owner's land is significant, and the request for a meeting
                 in the near future. For natural area landowners along the North Landing River, a primer on the
                 natural and cultural values of the watershed has been prepared as part of this project (Appendix
                 D).

                 Approximately two weeks after mailing the letters, the landowners will be contacted by
                 telephone to set a meeting date to discuss the natural area. Site packages describing the natural
                 heritage resources will be given to the owners during the visit. The contents of the packages
                 include a Department of Conservation and Recreation brochure, a Department of Conservation
                 and Recreation, Division of Natural Heritage brochure, a fact sheet describing the natural area,




                                                                15








                a fact sheet or other information about the species within the natural areas, and a fact sheet
                describing Virginia's Registry of Natural Areas. In addition to supplying the owner with this
                information, the location and features of their land will be pointed out using boundary maps,
                topographic maps, and aerial photographs.

                General information about the landowners, their feelings towards conservation, their future plans
                for the land, and other information learned during the visit will be recorded on a landowner
                contact report form after the visit (Appendix E). Thank-you letters and other correspondences
                are mailed within a month after the meeting (Appendix F). It is extremely important to keep
                in touch with the owner after the initial contact is established.

                Once a relationship is established with private or public landowners through landowner contact,
                stronger protection for natural areas such as registry, management agreements, easements or
                acquisitions may result.



                NATURAL AREA REGISTRY


                Virginia's Natural Area Registry is a protection tool which involves a voluntary commitment by
                the landowner to protect the site under his or her ownership. No legal agreement is signed and
                permanent natural area protection does not occur.         The Natural Area Registry program
                encourages landowners of significant natural areas throughout Virginia to voluntarily protect the
                resources on their land to the best of their ability (Appendix G). Landowners who participate
                in the registry program agree to inform the Department of Conservation and Recreation of any
                potential threats to the resources or other changes, such as intent to sell the property (Appendix
                H).

                Aside from being rewarded with the pride of conserving one of the most significant natural areas
                in Virginia, the owner receives a plaque in recognition of the significance of their property and
                their effort in preserving it. In addition, the landowner may receive management advice and
                assistance from professional natural area management staff, if they so desire.

                The Natural Area Registry is an option available to both public and private landowners and may
                be used alone or in conjunction with another protection tool, such as a management agreement.


                'NATURAL AREA MANAGEMENT AGREE MENTS

                A management agreement is an appropriate option for landowners who have been managing their
                land as conservation-minded stewards but have no desire to sell their property or encumber the
                land with an easement. Such a landowner would like to continue to own and manage their
                property in a -way which will protect the resources on their land. The management agreement
                is a legal agreement but it does not provide permanent protection for the land. If this option is
                chosen, the landowner and the Department of Conservation and Recreation will prepare


                                                               16








                 agreement that clearly states the management objectives, schedules, and responsibilities. This
                 agreement must be acceptable to both parties. These agreements fulfill the conservation goals
                 of the Department of Conservation and Recreation while meeting the individual needs of the
                 landowner as well.



                 OPEN SPACE EASEMENTS


                 An open space easement provides stronger natural area protection than the previously mentioned
                 options. An easement is a legal agreement recorded with the property deed which restricts
                 certain property rights in perpetuity. This is an excellent option for property owners who take
                 pride in their land for its beauty, natural resources, family heritage, etc. and want to ensure that
                 future generations will be able to enjoy the larid in its natural condition. The landowner gives
                 up a property right, such as the right to subdivide the land for development in order to achieve..
                 specific conservation goals, yet still enjoys many other proper   ty rights, such as the right to farm.

                 This option is quite flexible in that, depending upon the landowners wishes, the easement may
                 be strict to ensure no future land disturbance or it may place very limited restrictions. open
                 space easements may reduce federal estate taxes and Virginia inheritance taxes, reduce
                 assessment for real estate purposes, and entitle the landowner to a charitable deduction for state
                 and federal income tax purposes.



                 NATURAL AREA DEDICATION


                 Natural Area Preserve Dedication is the strongest protection tool available to natural areas.
                 Dedication is a legal process whereby the landowner restricts future uses of a property for the
                 purpose of preserving the land in its natural state. Dedication of a property places it in the
                 Virginia Natural Areas Preserve System.           This protection option is available to private
                 landowners, state agencies, or other public body (excluding federal). With dedication, the
                 private landowner retains ownership rights of the property as well as the right to sell or transfer
                 the property. However, the landowner relinquishes the rights to use the land in ways which are
                 inappropriate for the preservation goals for* the property. Only lands of the highest ecological
                 significance qualify for inclusion in Virginia Natural Area Preserve System. In addition to the
                 satisfaction of preserving important natural heritage resources, the landowner also receives the
                 same financial incentives as available for open space easements. A document prepared by a
                 local ad-hoc group and the Nature Conservanicy to help guide the City in its efforts to secure
                 dedication of agricultural lands which may adjoin natural areas appears in Appendix 1.








                                                                   17









                NATURAL AREA ACQUISITION

                The most direct,method for conservation of natural areas is acquisition of the property. Though,
                due to the limited amount of funds available and the expense of land, this option is only
                applicable to a small percentage of the most ecologically significant natural areas in Virginia.


                STEWARDSHIP GUIDELINES

                Natural area stewardship involves the administration and management of a natural area after it
                is protected to assure the long-term survival of the natural heritage resources it supports. Basic
                stewardship recommendations are given for each natural area in the results and recommendations
                section. The higher priority sites (BI-B3) deserve comprehensive stewardship plans.

                An important aspect of stewardship is detennining compatible and incompatible land (and water)
                uses within the natural area. Which land uses are harmonious with the resources will. depend
                 pon the type of natural heritage resource, the ecosystem, and the type of land use being
                considered. Allowable land uses will therefore vary from site to site. Certain forms of some
                u

                land uses may be incompatible, while more environmentally sensitive methods of the same
                general land use type may be compatible. For example, clearcutting of timber within a buffer
                zone delineated by the secondary ecological boundary of a given natural area may produce
                unacceptable effects to the natural heritage resources of the site, but selective cutting with strict
                environmental performance standards may be compatible. For some natural heritage resources,
                land uses may be only seasonally restricted. For example, timber harvest may not be compatible
                in the vicinity of a bird nesting colony during. the nesting season, but can be conducted in the
                vicinity of the colony when nesting birds are not present.

                Ecological management is the most important component of natural area stewardship. Ecological
                management includes all activities on a natural area specificaBy intended to benefit, save, or
                maintain natural heritage resources. Examples of ecological management include prescribed
                burning, removal or planting of vegetation for habitat restoration, problem species control, and
                restoration of natural processes. Some natural heritage resources require intensive active
                management, while others require no or little active management.

                Probably the two most common ecological management strategies that will benefit natural areas
                and natural heritage resources in the City of Virginia Beach are restoring natural processes such
                as fire and controlling invasive species. Fire has played a major role in the ecology of many
                plant communities in the coastal plain of Virginia.' Many communities such as longleaf pine-
                turkey oak barrens, pocosins, and estuarinemarshes require fire to stimulate flowering and seed
                production, enhance regeneration by exposing bare mineral soil, reduce shade and competition
                from woody overstory species, and release nutrients into the soil. Natural fires no longer sweep





                                                                  18








                 over vast expanses of Virginia's landscape and play the role they once did in maintaining these
                 ecosystems. The reintroduction of fire as a prescribed management action is necessary.
                 Ecological burning is intended to restore fire. to its natural frequencies and time of year to
                 simulate natural processes occurring in natural areas.

                 Invasive species are plants or animals which directly or indirectly threaten the viability of natural
                 heritage resources or have the potential to do so. Most invasive species are aliens. Alien
                 species are those whose natural range does not include the coastal plain of Virginia, but which
                 were intentionally or unintentionally introduced to the region by humans. Often these alien
                 species become particularly invasive in disturbed areas. Examples of invasive species include
                 common reed, kudzu, Japanek honeysuckle, purple loosestrife and feral pigs. Some native
                 species can also threaten natural heritage resources, especially in urban areas where nature's
                 delicate balance has been disrupted. Beaver and white-tailed deer are examples of native species
                 which can adversely affect natural heritage resources.

                 Stewardship also includes biological monitoring activities. Biological monitoring involves the
                 periodic quantitative study of natural heritage resources and their environment. The purpose of
                 biological monitoring is to furnish long term scientific data, to provide warnings as to any
                 declines or damage to natural heritage resources, and to determine possible -causes of such
                 events. Additionally, biological monitoring may document increases in rare species populations
                 and recovery of disturbed ecosystems. Monitoring visits usually also include some analysis of
                 the status of invasive species and environmental conditions. Whether or not and how often a
                 natural heritage resource is monitored is determined by its priority, sensitivity, and threats.

                 Stewardship should also address the need for additional biological inventory or scientific
                 research. In many natural areas, the true status of the natural heritage resources is poorly
                 known and the potential for additional natural heritage resources to be found has not been
                 thoroughly examined. Additional biological inventory may be recommended for these situations.
                 Some species, habitats, and natural communities are not well understood due to a lack of
                 scientific research. Natural areas provide an excellent setting for field research which may not
                 only increase the general knowledge of the natural heritage resources and sensitive ecosystems,
                 but may also provide information directly pertinent to the site's conservation.


                 RECREATIONAL, SCENIC, AND EDUCATIONAL CONSIDERATIONS

                 Natural areas have uses other than the preservation of biodiversity. Depending upon the size
                 and situation of the site and the sensitivity of the natural heritage resources it contains, a natural
                 area may also furnish recreational, visual, and educational resources. The City of Virginia
                 Beach can integrate natural areas into its comprehensive plan to improve the quality of life for
                 residents and attract visitors.







                                                                  19








                The natural areas identified in the City may offer a variety of recreational opportunities. Public
                access to some of these areas will raise public awareness of the natural resources and promote
                their protection. Appendix J is an example of a recent effort to -promote increased public
                awareness of these natural areas, along with their ecotourism potential.              Recreational
                opportunities within or adjoining the natural areas include nature observation, boating, canoeing,
                hiking, biking, and horseback riding. The natural areas contribute to greenspace either as
                designated greenways or open space. Recreational facilities are being developed by both public
                and private groups along the natural areas of' the North Landing River. These facilities can
                serve as a starting point in development of a comprehensive and extensive greenways system in
                the City. The concept of incorporating the natural areas into a local comprehensive, open space,
                and parks and recreation plan, such as the draft Virginia Beach Outdoors Plan, is encouraged
                to provide various levels of recognition and protection for the valuable natural and biological
                resources.


                A North Landing River watershed public access and visual assessment project was recently
                completed (Potter, et.al., 1994). The purpose of this study was to evaluate the North Landing
                River and its tributaries for public access opportunities, and to identify the visual components
                contributing to this State Scenic River. This report is intended to give local governments and
                private groups interested in public access and visual quality a basis for dealing with issues
                related to these topics, along with adequate background information to begin work on
                'implementation of the projects identified in the plan.

                Natural areas often contribute to the scenic. resources of an area. A preliminary visual
                assessment for each of the natural areas of the City of Virginia Beach should be conducted for
                the conservation and enhancement of scenic resources. These natural areas have a significant
                visual character which is typical of the environment early European settlers encountered upon
                arriving on the continent. The preservation of scenic resources is important to capture these
                historical perspectives of the early colonists as well as enhance the present perceptions of the
                environment.


                The educational opportunities which the natural areas could offer are numerous. The- focus of
                environmental education on the City's natural areas could include levels ranging from public
                awareness to scientific research. There may be additional'opportunities to form linkages for
                educational and interpretive facilities which would create an entire system of natural area
                educational opportunities within the Hampton Roads region. A coalition of public education
                representatives as well as educators and research scientists from surrounding institutions could
                facilitate such a system of educational opportunities in the area.

                Preliminary recommendations regarding the recreational, scenic, and educational possibilities of
                each natural area are included in the natural area reports. This information was provided by
                Janit Potter of the Department of Conservation and Recreation, Division of Planning and
                Recreation Resources.





                                                                20










                                          RESULTS AND RECOMAHMATIONS



                Information collection and site visits for this project began in 1989 and were completed in June
                of 1994. Ecological boundaries and conservation planning recommendations were formulated
                for the seven natural areas included in this final report through June of 1994. The remaining
                four natural areas ecological boundaries and conservation planning recommendations will be
                concluded by September of 1994.

                The conservation planning boundaries and recommendations for protection and stewardship
                furnished in this document should not be interpreted as acquisition boundaries, proclamation
                boundaries, or regulatory land-use zones. Instead, the conservation planning boundaries and
                recommendations should be considered tools to help steer wise land use planning on the complex
                economic, social, and ecological landscape at all levels of government and the private sector.

                The Virginia Department of Conservation and Recreation strongly urges the City of Virginia
                Beach to vigorously utilize all the conservation tools at its disposal to secure protection for its
                natural. areas and provide for -the long-term. stewardship. of the sites. The Department of
                Conservation and Recreation's commitment.to natural areas conservation in the City of Virginia
                Beach does not end with the conclusion of this project. Project staff will continue to offer
                "support to the local governments, developers, consultants, conservation organizations, and
                private citizens in the forms of environmental review, refined conservation planning, and active
                technical assistance with planning, protection, and stewardship of natural areas.


                CONSERVATION PLANNING REPORTS


                Each conservation planning report presented here includes information on the location,
                biodiversity rank, natural heritage resources, ecological boundaries, and surrounding land uses.
                Each report includes a map indicating the primary and secondary ecological boundaries and text
                providing justification of these boundaries. Further, a general description of each natural area,
                protection and stewardship recommendations, and recreational, scenic, and educational
                considerations are included in each conservation planning account.

                Primary and secondary ecological boundaries should not be interpreted as regulatory zones or
                acquisition boundaries, but as conservation tools to help guide the protection and stewardship
                of natural heritage resources.

                Table 3 shows the format for the conservation planning reports and explains what data is
                presented in each field of information.






                                                                21










               TABLE 3 - KEY TO CONSERVATION PLANNING REPORT FORMAT



               LOCATION: the USGS 7.5' quadrangle in which. the natural area occurs.

               BIODIVERSITY RANK: the overall (global) significance of the natural area in terms of the
               rarity of the natural heritage resources and the quality of their occurrences. These ranks are
               explained in detail in the introduction to this report.

               GENERAL DESCRIPTION:            a brief narrative picture of the natural area. This section usually
               includes information on topography, general vegetation, wetlands and watercourses, soils,
               historic and existing land uses within the natural area, and land use surrounding the natural area.

               NATURAL HERITAG          E RESOURCES: a synopsis of the natural heritage resources found in
               the natural area. Information given usually includes common and scientific names, taxonomic
               affiliation, global and state ranks, global and state range, a brief physical description, habitat
               requirements, threats and vulnerabilities, and occurrence data. For the protection of the
               resources, precise locations are not provided. Normally, natural communities are discussed first,
               then each species is discussed in order of decreasing rarity-

               PRIMARY ECOLOGICAL BOUNDARY: description                        and justification of the primary
               ecological boundary.

               SECONDARY ECOLOGICAL BOUNDARY: description and justification of the secondary
               ecological boundary.

               ONSITE AND OFFSITE CONSIDERATIONS: a d                  iscussion of current land use and general
               information regarding current zoning and comprehensive planning within a local and regional
               context .


               MANAGEMENT RECOMMENDATIONS: Recommendations include compatible and
               incompatible land uses, need for further inventory or scientific research, ecological management
               needs, and biological monitoring needs.

               PROTECTION RECOMMENDATIONS: existing and proposed protection of the natural area.
               Information furnished includes existing regulations that protect the natural area, existing legal
               protection to the land, and suggestions for protection tools appropriate for the natural area.

               RECREATIONAL, SCENIC, AND EDUCATIONAL RECOMMENDATIONS: existing and
               potential recreational opportunities; preliminary assessment of scenic value; suggestions for
               appropriate educational activities. These comments were provided by Janit Potter of the
               Department of Conservation and Recreation, Division of Planning 'and Recreation Resources.




                                                                '22








               INFORMATION NEEDS: additional information needed to improve our ability to protect and
               manage each natural area.

               MAP: A map of each natural area showing the primary and secondary ecological boundaries
               accompanies each natural area report. U.S. Geologic Survey 7.5 minute topographic maps are
               used as base maps with the ecological boundaries superimposed upon them. The scale is
               1:24,000 (1 inch = 2000 feet). A site map legend for the ecological boundary symbols used
               on the maps is presented below. Although the most'curriant revisions available are used for base
               maps, many of the most recent developments are not depicted upon them. Because of the
               missing information on many of the base maps and their relatively large scale, a small margin
               for error may exist with many of the ecological boundaries. Fine tuning of the boundaries can
               be accomplished through field survey as necessary.

               CONSERVATION PLANNING BOUNDARIES:


                      PRIMARY BOUNDARIES



                      SECONDARY BOUNDARIES



                      WHERE PRIMARY AND SECONDARY BOUNDARIES CORRESPOND



























                                                              23




                NORTH LANDING RIVER EASTERNF WETLANDS


LOCATION:               Virginia, City of Virginia Beach

                        USGS Quadrangle: Pleasant Ridge
                                           Creeds

BIODIVERSITY RANK:           B3


DIRECTIONS:
The North Landing River Eastern Wetlands is located on the east side of the river. The site
includes the lower portion of West Neck Creek and the wetlands on the east side of the river
extending south to the Pungo Ferry Bridge.

GENERAL DESCRIPTION:
The North Landing River Eastern Wetlands encompass extensive forested swamp, estuarine
marsh, bay swamps, and low forested uplands. The site is most noted for its exemplary
Atlantic white cedar swamps, the estuarine marshes along West Neck Creek, and shrub bay
swamps. As many as nine rare plants, seven rare animals, and four rare natural communities
have been documented from this site.

NATURAL HERITAGE RESOURCES: Table of Natural Heritage Resources




























Extensive swamp forests occur along the river corridor between the marsh and uplands.
These swamps are characterized by bald cypress. (Taxodium disthichum), black gum (Nyssa
sylvatica), red maple (Acer rubrum) and sweet gum (Liqudambar styraciflua). The forested




                                   24






                North Landing River Eastern Wetlands - Conservation Plan


                wetlands here include two relatively large stands of Atlantic white cedar. Atlantic white
                cedar swamps are rare in Virginia, known from only six locations statewide. The largest
                and most exemplary stands remaining are found in the Great Dismal Swamp and the North
                Landing River. Atlantic white cedar has declined over much of its range. Geographically, it
                is restricted to freshwater wetlands within a narrow band of east coastal United States.
                Although cedar swamps and bogs were never widely distributed, they are being increasingly
                encroached upon by mining, draining for alternative uses, and ill-planned forestry practices
                (Laderman, 1987). The stands along the North Landm*g"-.:. River are high quality examples of
                this rare swamp community.

                Within the swamp forest are slightly raised sandy islands dominated by American beech,
                sweetgum, loblolly pine (-Pinus 9LA[a, white oak (Qu-ercus aiUa and red maple. These
                islands provide habitat for rarities such as ffie silky camellia, the canebrake rattlesnake,
                and the Dismal Swamp southeastern shrew.

                Epiphytic sedge, often called cypress-knee sedge, is one of the globally rare plants known
                from the swamp forest. At one time, the range of this sedge included a large portion of the
                east coast and midwestem United States, but in recent years its range has shrunk
                considerably. It is now found in somewhat disjunct locations (Ostlie, 1990). The epiphytic
                ,sedge is found usually in undisturbed, organic-rich backwaters. It occurs on floating or
                partially submerged rotting logs, stumps, and most often, on cypress knees along the edge of
                the swamp forest. It is- a perennial species that bears its perigynia in mid-summer.
                Dispersal of seeds is believed to be facilitated by waterbirds, carried inadvertently on the feet
                and deposited onto a log or stump when the birds come to rest (Ostlie, 1990). Epiphytic
                sedge is threatened by negative changes in water quality, direct habitat destruction and
                disruptions in normal hydrology which may either raise or lower water levels for long
                periods of time.

                The canebrake rattlesnake is found primarily in the swamp forests and upland/swampy
                ecotones. This rare animal is restricted to asmall portion of southeast Virginia. This snake,
                which is listed as state endangered, is declining rapidly due to habitat loss and deliberate
                molestation and destruction by people. The canebrake rattlesnake feeds primarily on grey
                squirrels and cotton-tail rabbits, but spends large amounts of time resting in cypress swamps
                in or near the water (Savitzky, pers. comm.). These rattlesnakes are live-bearing snakes;
                they give birth to just one to two litters per year; and they spend approximately four to five
                winter months, in underground bromation dens. The canebrake rattlesnake is often mis-
                dentified with the more aggressive and more visible eastern cottonmouth. Canebrake
                rattlesnakes are generally reclusive and non-aggressive (Savitzky, pers. comm.; Erdle, pers.
                observation) and their cryptic coloration frequently renders them virtually invisible.


                The best marsh occurrences are found along 'West Neck Creek near the confluence with the
                North Landing River. Marshes also form a narrow fringe along the eastern border of the
                river. The marshes are classified as estuarine herbaceous wetlands. Within this broad
                grouping, two robust marsh plant associations dominate, the big cordgrass oligohallne
                marsh and the three square bulrush-cattail oligohaline marsh. Big cordgrass and sawgrass


                                                               25






                North Landing River Eastern Wetlands       Conservation Plan


                tend to dominate along the water's edge and the bulrush and cattail association are commonly
                interior. In addition to being a rare community type, the marshes support several rare
                species of plants and animals.

                These marshes, like others along the North Landing River, are influenced by slightly
                brackish to fresh water and the irregular water level fluctuations caused by wind tides. They
                form back from the mouth of the estuary and are sonietimes referred to as "back bay or
                lagoon marshes". Prevailing winds from the east and south push seawater up Currituck Inlet
                and farther northward providing a 'corridor for many plant species such as sawgrass and
                Eliott's aster to reach their northern range limits.

                Healthy marshes provide a variety of ecological benefits and are imperative in maintaining
                the health of the North Landing Ri'ver Ecosystem. Marshes enhance water quality. They
                help contain flood waters and mitigate against damage from storms. They also provide a
                buffer against shoreline erosion and produce large amounts of nutrients and energy.
                Additionally, marshes provide habitat for numerous plants and animals.

                Carolina lilaeopsis is but one of the rare marsh plants found at this site. This attractive
                member of the tea family is rare throughout 'its range from Virginia to northern Florida, and
                An Virginia there are just 11 known occurrences (Ludwig, 1993). Carolina lilaeopsis is a
                @;ndidate for listing in Virginia as State Threatened or Endangered. This perennial herb
                bears a dainty white flower and is customarily found in shallow water, marshes and swamps
                (Godfrey and Wooten, 1981).

                Sawgrass is a characteristic species of the robust emergent marshes. Helathy occurrences of
                this state rare sedge occur at this site. This sedge reaches its northern range limit here and
                is more common to marshlands farther south such as the Florida Everglades.

                The rare least bittern is found in the marshes near the confluence of West Neck Creek and
                the North Landing River. It builds its nest near open water within marsh vegetation. This
                secretive bird frequently incorporates living cattails and reeds into the nest structure, which
                add to its camouflage and provide stability. Least bitterns feed mostly on small fish,
                crustaceans and insects (Potter, 1980).

                One of the rarest butterflies in the state is the scarce swamp skipper, also called the brown
                sedge skipper. Host plants for this medium-sized, dark-orangish-brown butterfly are
                primarily sedges. This animal is a fairly specialized marsh species, as female skippers lay
                eggs on the undersides of leaves of specific sedge species (Scott, 1986). Of the butterflies,
                skippers are generally the strongest and fastest flyers, and are frequently difficult to spot
                because they move so quickly. As the name implies, this butterfly is known from wooded
                and sedge swamps, where they spend their entire life cycles. Adult sedge skippers can be
                observed as they sip nectar from nearby flowers.

                PRIMARY ECOLOGICAL BOUNDARY:
                The primary ecological boundary includes known occurrences of natural heritage resources as
                well as their potential habitats. The boundary along the west side follows the river channel.


                                                             26






                North landing River Eastern Wetlands - Conservation Plan


                The boundary along the east side follows a slightly elevated ridge to include all swamp forest
                occurrences and the upland wetland ecotone which provides important habitat for rare species
                such as silky camellia and the canebrake rattlesnake. The southern boundary for the site
                follows the upland/wetland boundary near the Pungo Ferry Marina.

                SECONDARY ECOLOGICAL BOUNDARY:
                The secondary ecological boundary includes lands,and -water intended to mitigate natural and
                human threats to the elements and their respective habiiats. In addition to including lands
                related to special management needs such as prescribed burning, this secondary boundary
                serves as a "watershed planning boundary". In general, the secondary ecological boundary
                follows an elevated ridge. The protection and maintenance of land within this secondary
                boundary is important for the protection of water quality and critical surface and groundwater
                recharge areas.

                SMOKE MANAGEMENT CORRIDOR:
                The smoke management corridor is included in the conservation plan to encompass
                surrounding areas that must be considered for smoke management planning and landowner
                notification. Within this corridor, landowners will be offered information. regarding the
                prescribed fire activities occurring on nearby conservation lands. Prior to burning,
                andowners will be notified of bum plans and schedules and expectations for smoke
                management. Prescribed burning in these wetlands will likely generate large volumes of
                smoke. Smoke management planning is essential to ensure public health and safety as well as
                meet ecological objectives. The smoke management corridor follows the secondary
                ecological boundary and/or the bum compartment, at a distance of approximately .5 to I
                mile. This corridor is based on guidelines developed by the Virginia Department of Forestry
                and the Federal Interagency Coordinating Committee for Fire Management. The corridor
                includes paved roads and waterways which may become hazardous for navigation during
                heavy smoke periods.

                ONSITE AND OFFSITE CONSIDERATIONS:
                Surrounding land use in this area is primarily agricultural. Soybeans, wheat, and field com.
                are the primary crops grown in the area. Farming practices are generally considered
                compatible with natural area preservation. Unfortunately, many farms are being abandoned
                due to hard economic times and more and more rural open space is being replaced by
                residential and tract housing developments, or other intensive land uses such as golf courses.
                This type of development may have significant secondary impacts on sensitive natural areas.

                Best Management Practices designed to minimize sedimentation and agricultural runoff
                should be adhered to in this watershed, as farming activities could influence water quality as
                well. The North Landing River was identified in the Nonpoint Source Pollution Watershed
                Assessment Report as a high priority (Hl, 95-100%) for pollution potential from nutrient
                loadings from agricultural land. The same report assessed the North Landing River as a high
                priority (111) for overall agricultural pollution, and as (H2, 90-95%) for urban nutrient load
                pollution (Wilson, 1993).

                Pesticide and herbicide use within the area should be carefully planned to minimize negative


                                                              27






                North Landing River Eastern Wetlands - Conservation Plan


                impacts on sensitive wetlands. Pesticides used for lawn, garden, or forest could
                inadvertently jeapardize rare invertebrates. Buffers to wetlands should be maintained and
                biocides carefully chosen and applied by skilled certified applicators.

                Past logging practices in forested wetlands have eliminated some areas of Atlantic white
                cedar and degraded habitat for other forest dwelling species. Current logging practices do
                not appear to threaten natural heritage resources, largely, because of the marginal condition of
                the,wetland timber resource. Logging is not recommended in wetland areas and logging
                practices on uplands should follow strict BMPs designed to maintain hydrologic flow, reduce
                erosion, and control sedimentation. Large tract clear-cutting or other large scale land
                altering activities could influence hydrology and water quality in the area. These activities
                should be monitored closely to ensure proper buffers are established to protect sensitive
                resources and water quality, as well as provide corridors for wildlife movement.

                A powerline siting is being considered across West Neck Creek to a substation oil adjacent
                uplands. The Department of Conservation and Recreation and other resource agencies are
                working with Virginia Power to design the most environmentally sensitive route and develop
                construction and mitigation plans to reduce impacts to estuarine marsh communities and rare
                species found here.

                Planners and officials of the City of Virginia Beach are aware of the environmental
                significance of the North Landing River. This area has been designated as an
                 environmentally sensitive area" (City of Virginia Beach, 1991). The distinction of being an
                environmentally sensitive area does not, however, afford the river or the immediate
                surrounding lands any additional protection from development or land use alteration. In
                1991, the Comprehensive Plan for the City of Virginia Beach called for a "Rural
                Preservation Plan" (City of Virginia Beach, 1.991). In addition to several additional
                objectives, the Rural Preservation Plan dictates "Study of the City's southern watersheds that
                considers environmental needs associated with residential and agricultural land use in this
                area, and the development of regulations as appropriate based on the study." It is presumed
                that this study is ongoing.

                Also cited in the Comprehensive Plan for the City is a "Southern Watersheds Management
                Ordinance." This is cited in the "Environmental Policies and Objectives" section, page II-D-
                6 (City of Virginia Beach, 1991). This management ordinance sets "standards that include,
                but are not limited to the provision of reserve sewage disposal drainfield sites, minimal
                disturbance of land, the controls for all land disturbing activities over 2500 square feet of
                development within fifty feet of any shoreline or wetland, and the use of best management
                practice facilities for controlling stormwater runoff."

                In November of 1993, a workshop to emphasize the values of the Southern Watersheds was
                hosted by the City of Virginia Beach for local citizens. This workshop spawned discussions
                with citizens, local conservation groups, City officials, and The Nature Conservancy. This
                ad hoc group has developed a proposal for the preservation of agricultural land within the
                southern watersheds. More information on this proposal is included in an appendix to this
                report.


                                                               28






                North Landing River Eastern Wetlands - Conservation Plan



                MANAGEMENT RECOMMENDATIONS:
                Fire has played an important role in creating and maintaining the natural communities at this
                site. Atlantic white cedar swamps depend on fire to open the habitat and establish conditions
                suitable for seed germination. Regular prescribed burning of the marshes and cedar swamps
                will be necessary to ensure the continued health and viability of this ecosystem. Prescribed
                bum and wildfire contingency plans for the North Landing River wetlands are being
                developed by the Department of Conservation and Recreation (DCR) and The Nature
                Conservancy (TNC) in cooperation with the Virginia Department of Forestry and local fire
                officials.

                Common reed, a potentially aggressive marsh grass, occurs in many of the riverine marshes
                of the North Landing River. It has not been identified as a serious problem at this particular
                site but will be monitored, especially given utility developments proposed for siting through
                the marshes. An inter-agency reed grass control project which evaluates and treats selected
                stands of common reed within the southern, watersheds and particularly along the: North
                Landing River is currently underway. The treatment for this invasive plant involves
                herbicide applications and prescribed fire management.

                Long-term monitoring is recommended for rare natural communities such as the Atlantic
               @..white cedar swamps and estuarine marshes. Additionally, rare plant and animal species like
                epiphytic sedge, sawgrass, winged seedbox, f4e canebrake rattlesnake and the scarce swamp
                skipper should be monitored to ensure continued health and productivity of the existing
                populations.

                A better understanding of the hydrology of the North Landing River is imperative for future
                management decisions and protection of critical upland buffers to the wetlands. Hydrologic
                research is currently underway elsewhere within the watershed. This project is described in
                the conservation plan for the North Landing River Pocos  'ins. A hydrologic transect will be
                established in the Atlantic white cedar swamp of the North Landing River Eastern Wetlands
                and compared with hydrologic data from the pocosins and forested swamps on the west side
                of the river.


                Lands situated between the primary and secondary ecological boundaries are suitable for
                environmentally compatible land uses. Activities which may possibly alter the hydrology of
                sensitive wetlands should be carefully assessed and avoided within this area. On-going
                hydrologic assessments will help guide proper land uses and the evaluations of impacts
                related to these activities.


                PROTECTION RECOMMENDATIONS:
                Land protection. efforts on the east side of the river are just getting underway. DCR and
                TNC! have targeted lands supporting exemplary Atlantic white cedar swamps as priorities for
                landowner contact and stronger protection. '['NC recently received a gift of 150 acres of
                wetland near Creeds School. This tract contains a remnant stand of Atlantic white cedar.
                DCR has negotiated the purchase of a 250 acre tract north of this area. This tract supports
                an exemplary Atlantic white cedar swamp and several other rare species. DCR expects to.
                close on this tract in summer 1994. Both tracts will be dedicated as part of the Virginia


                                                              29






                North Landing River Eastern Wetlands - Conservation Plan


                Natural Area Preserves and jointly managed along with other conservation lands within the
                riverine preserve system.

                Landowner contacts, will continue and it is hoped that other key tracts supporting exemplary
                cedar swamps and estuarine marshes will be permanently protected. Developing partnerships
                and management strategies with adjacent landowners is essential in protecting critical buffers
                and carrying out management programs for the preserve system. Natural area registries and
                management agreements are recommended for lands within the secondary ecological
                boundaries. Impacts from surrounding land-uses should be mitigated by encouraging sound
                soil and water conservation practices and maintaining vegetated @uffers'to wetlands. A
                model conservation plan for landowners will be developed in 1995, as part of the hydrologic
                assessment and conservation planning project currently underway.

                Conservation planning boundaries will be incorporated into the City's land-use planning
                documents and the development review process. DCR Division of Natural Heritage offers its
                expertise and knowledge in reviewing project proposals and working with City planning staff.

                RECREATIONAL, SCENIC AND EDUCATIONAL RECOMMENDATIONS:
                In 1988, the General Assembly of Virginia passed a 'Scenic River Designation Bill' making

                @
                the North Landing River and Tributaries part of the Virginia Scenic Rivers System (Code of
                @Virginia, Chapter 4, Section 10. 1-413.2). Tlus designation recognizes the aesthetic as well
                as the functional valueg of this remarkably beautiful river. The Virginia Scenic River
                Program began in 1970 with approval by the General Assembly of the Virginia Scenic Rivers
                Act. A local board composed of citizens of the Cities of Virginia Beach and Chesapeake
                advises DCR on scenic river issues. The North Landing River and West Neck Creek are
                also part of the local Scenic Waterways System.

                The North Landing River is fairly slow-moving and quite picturesque. Recent recreational
                planning efforts have identified areas for potential river access/canoe put-ins and canoe trails
                along the entire North Landing River. The noteworthy designation as a 'State Scenic River'
                and future plans to better use and enhance the public's access to the river mesh well with the
                City of Virginia Beach's plans to emphasize nature and eco-tourism in the city.

                The land which borders the North Landing River, and especially the northern portion of the
                river, is subject to intense development pressures. A public education program for current
                residents, developers, builders and river users might enhance public awareness about this
                riverine system and the tremendous biodiversity it supports. The City of Virginia Beach
                should encourage the designation of greenways and open space and the development of
                interpretive facilities in areas appropriate for public access. The establishment of programs
                to encourage environmentally sensitive planning and construction practices will help protect
                sensitive natural heritage resources.


                INFORMATION NEEDS:
                Additional vertebrate and invertebrate inventories are needed in this area.





                                                                30







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                                                NORTH LANDING RIVER GUM SWAMP

                    LOCATION:                            Virginia, City of Virginia Beach
                                                                     City of Chesapeake

                    U. S. G. S. Quadrangles:             Pleasant Ridge
                                                         Fentress
                                                         Princess Anne
                                                         Kempsville

                    BIODIVERSITY RANK:                   B4


                    DIRECTIONS:
                    North Landing River Gum Swamp is located along the northern border of the watershed.
                    The site lies partly in the Cities of Virginia Beach and Chesapeake. It covers the area east of
                    Centerville Turnpike, and north of the Intracoastal Waterway (Albemarle and Chesapeake
                    canal). Stumpy Lake and Elbow Road form -its border on the north and Salem Road on the
                    east.


                    GENERAL DESCRIPTION:
                    The site encompasses an extensive water tupelo and bald cypress swamp and supports several
                    rare plant and animal species. This wetland also supports one the the state's largest nesting
                    'Colonies for great blue herons and great egrets. The wetlands form along the headwaters of
                    the North Landing River and supply an important source of freshwater to help maintain the
                    delicate balance of fresh and saline waters in the estuarine ecosystem.

                    NATURAL HERITAGE RESOURCES: Table of Natural Heritage Resources

                    Scientific                                    Common                              G/S                EO        Fed./St
                    Name                                         Name                               Rank               Rank Rank
                    communities:
                    Eutrophic semipermanently                     water tupelo/bald cypress/         S4                 B
                    flooded forest                                carolina ash swamp

                    plants:
                    Trillium pusillum Virginiamun              Virginia least trillium            G3T2S2             BC        C2
                    Tillandsia usneoides                          spanish moss                        G5S2               BC

                    animals:
                    Euphyes dukesi                                scarce swamp skipper                G3G4S2             U         -
                    Celastrina ebenina                            sooty azure                         G4S3S4             U         -
                    Poanes aaroni aaroni                          saffron slipper                     G4T4S3             U         -
                    Crotalus horridus atricaudatus                canebrake rattlesnake               G5T2QSI            U         - LE
                    Casmerodius albus                             great egret (nesting)               G5S2               U         - -
                    Ardea herodias                                great blue heron (nesting)          G5S3               U         - -
                    Synaptomys copperi helaletes			southern bog lemming			G5T3S3		 U	     3C -
                    Sorex longirostris fisheri                    Dismal Swamp SE shrew               G5T2QS2            U         LT  LT


                    Gum Swamp is characterized by extensive forested swamps consisting primarily of water
                    gum (Nyssa aquatica), cypress (Taxodium distichum), black gum (Nyssa sylvatica), water ash
    			  (Fraxinus caroliniana, red maple (Acer rubrum) and sweet gum (Liquidambar styraciflua).
										

										32		







                 North Unding River Gum Swamp - Conservation Plan


                 Bald cypress forms a "supra" canopy above the mature hardwoods. Forested swamps extend
                 southward to a narrow band of dredge materials placed along the banks of the Intracoastal
                 waterway and the Albemarle and Chesapeake Canal.

                 Spanish moss is found draped over cypress and other trees within the swamp forest. This
                 species is rare in Virginia, reaching its northern range limit here.

                 Another rare plant of the swamp forest and loblolly pine- uplands is the Virginia least
                 trillium. This small, delicate trillium is in the lily family. It is a globally rare species and
                 is a candidate for listing under the Federal Endangered Species Act. The Virginia least
                 trillium occupies wetland and upland habitats. It is found in moist loblolly pine forests and
                 in seasonally wet swamp forests. As the name suggests, the Virginia least trillium is difficult
                 to find. Searches are best conducted in spring when the delicate white and pink blossoms are
                 visible.

                 One of the largest and most viable heron breeding colonies in Virginia is found in the
                 swamp forest. Great Blue herons and great egrets build large nests in or near the tops of tall
                 trees. These wading birds are a familiar sight along the waterway. They are often seen
                 feeding and resting at Stumpy Lake and the marshes along the North Landing River. They
                 are known to fly long distances to find appropriate food sources. Great blue herons eat a
                 -surprising array of fish, insects, mammals, amphibians, crustaceans, reptiles and occasionally
                 even other birds (Butlei, 1992). They are extremely sensitive to human disturbance during
                 the nesting and fledging season which runs from March 15 through August 31. They have
                 been known to abandon nests and eggs if bothered during the critical nesting season (Butler,
                 1992).

                 Another animal found in the swamp forest is the canebrake rattlesnake. This subspecies is
                 listed as State Endangered. It is found in only a small portion of southeastern Virginia. its
                 numbers here are decreasing rapidly due to habitat loss and deliberate molestation and
                 destruction by people. The canebrake rattlesnake feeds primarily on grey squirrels and
                 cotton-tail rabbits (Savitzky, pers. comm.) but spends large amounts of time resting in
                 cypress swamps in or near the water. The canebrake rattlesnake spends approximately four
                 to five winter months in underground bromation dens. They are live-bearing snakes, but do
                 not mature to reproductive condition until approximately 6-7 years of age. These animals are
                 reclusive and non-agressive (Savitzky, pers. comm.; Erdle, pers. observation) and their
                 cryptic coloration frequently renders them virtually invisible.

                 The Dismal Swamp southeastern shrew also inhabits the swamp forest. It is found only in
                 southeastern Virginia (in the Dismal Swamp and some remnant locations) and in
                 northern/northeastern North Carolina. These tiny mouse-like mammals spend much of their
                 time under leaf litter, and under and around decaying logs and stumps. The primary food
                 source of the shrew is spiders, earthworms, !      s and other insect larvae. It is believed that
                                                               grub
                 they bear one to two litters of young per year, but because shrews are small and secretive,
                 much biology and natural history of these animals remains unknown. Principle threats to the
                 shrew are habitat destruction and loss; and habitat alteration which allows interbreeding with
                 the more common upland shrew, the southeastern shrew (Sorex longirostris Longirostris


                                                                33






                North Landing River Gum Swamp - Conservation Plan


                The ecotones between swamp forest and uplands are called canebra       kes. Extensive areas of
                canebrake can be viewed from Elbow Road. This vegetation type is now much reduced from
                its original size. As the name implies, canebrakes are composed primarily of the grass, cane
                (Arundinaria g:iy@anfia . Cane occurs with scattered low trees and shrubs such as wax myrtle
                Qdynca ggrifera.               ersea paigstris , and sweet bay magnolia fflagnoli yiMiai".
                                 ), red bay (E---        __J
                Canebrakes provide critical habitat for rare species such as the Dismal Swamp southeastern
                shrew, the canebrake rattlesnake, and the Southern bog,lemming.

                A narrow fringe of marsh buffers the channel edges at the southeastern comer of the site
                (near the bridge at North Landing). Although these estuarine marshes are not expansive,
                they support several rare species, of butterflies.

                Scarce swamp skipper, or the brown sedge skipper, is found here. This is one of the rarest
                butterflies in Virginia. Scarce swamp s1dppers are medium-sized, dark-orangish-brown
                butterflies which can be found primarily in the marshes. Female skippers lay eggs on the
                undersides of leaves of specific sedge species (Scott, 1986) so these animals are dependent
                upon the the continued health and diversity of the marshes. Of the butterflies, skippers are
                generally the strongest and fastest flyers, and are frequently difficult to spot because they
                move so quickly. As the name implies, this butterfly is known from wooded and sedge
               ,Swamps and marshes, where they spend their entire life cycles (Scott, 1986). Adult sedge
                skippers can sometimes be observed as they sip nectar from nearby flowers.

                PRIMARY ECOLOGICAL BOUNDARY:
                The primary ecological boundary includes known occurrences of natural heritage resources as
                well as their potential habitats., The boundary encompasses forested swamps, canebrake
                ecotones, and selected forested uplands supporting the Virginia least trillium and canebrake
                rattlesnake.

                The primary and secondary ecological boundaries are contiguous around the heron breeding
                colony. In this area, the boundaries have been expanded to a distance of approximately 1500
                feet from the colony center. It includes forested swamps and uplands to provide critical
                buffers to protect nesting birds from disturbance (Butler, 1992). Documentation exists
                describing great blue heron and great egret nest and colony abandonments with increased
                visits by humans or land clearing activities such as road building and logging.

                SECONDARY ECOLOGICAL BOUNDARY:
                The secondary ecological boundary includes lands and water intended to mitigate natural and
                human threats to the elements and their respective habitats. Because the headwaters of the
                North Landing River are just northeast of the immediate Gum Swamp area, the secondary
                ecological boundary is expanded to include these adjacent swamps and marshes.
                Maintenance of water quality and normal hydrology are vital to the continued health of not
                only the Gum Swamp site, but to the entire North Landing River watershed. Along the
                northwest and southern edges of the site, the., secondary ecological boundary closely follows
                the primary ecological boundary but expands in areas to include canebrake ecotones.

                ONSITE AND OFFSITE CONSIDERATIONS:


                                                                34






                North Landing River Gum Swamp - Conservation Plan


                Surrounding land use is primarily agricultural on the northwest and southern sides. To the,
                east and northeast lies a heavily populated portion of the City of Virginia Beach. In recent
                years many local farms have been developed for,alternative uses such as residential and tract
                housing. This type of development, and large tract, land-clearing activities may have
                significant impacts on sensitive natural areas. These activities may influence the hydrology
                of the area and impact natural heritage resources. Encroachment into this forested swamp
                further fragments habitat for the nesting colonial b.irds,.,canebrake rattlesnake, and Dismal
                Swamp southeastern shrew.

                Best Management Practices designed to minimize sedimentation, runoff, and nutrient loadings
                should also be adhered to in this watershed. The North Landing River was identified in the
                Nonpoint Source Pollution Watershed Assessment Report as a high priority (Hl, 95-100%)
                for pollution impacts from nutrient loadings from agricultural land. The same report
                assessed the North Landing River. as a high priority (Hl) for overall agricultural pollution,
                and as (H2, 90-95%) for urban nutrient load pollution (Wilson, 1993).

                Pesticide and herbicide use in the watershed should adhere to BMPs designed to minimize
                impacts to wetlands and wetland dependent species. Pesticides and herbicides used for lawn,
                golf course maintenance, forestry, and agricultural pests may inadvertently jeapordize rare
                Species. Biocides should be carefully chosen and applied by skilled applicators. Adequate
                zffers shuold be maintained to protect sensitive wetland resources from harmful chemicals.

                Planners and officials of the City 'of Virginia Beach are aware of the environmental
                significance of the southern watersheds, and the North Landing River has been designated as
                an "environmentally sensitive area" (City of Virginia Beach, 1991). The distinction of being
                an environmentally sensitive area does not, however, afford the river or the immediate
                surrounding lands any additional protection from development or land use alteration.
                In 1991 , the Comprehensive Plan for the City of Virginia Beach called for a "Rural
                Preservation Plan" (City of Virginia Beach, 1991). In addition to several additional
                objectives, the Rural Preservation Plan dictates "Study of the City's southern watersheds that
                considers environmental needs associated with residential and agricultural land use in this
                area, and the development of regulations as appropriate based on the study."

                Also cited in the Comprehensive Plan for the City is a "Southern Watersheds Management
                Ordinance." This is cited in the "Environmental Policies and Objectives" section, page H-D-
                6 (City of Virginia Beach, 1991). This management ordinance sets "standards that include,
                but are not limited to the provision of reserve sewage disposal drainfield sites, minimal
                disturbance of land, the controls for all land disturbing activities over 2500 square feet of
                development within fifty feet of any shoreline or wetland, and the use of best management
                practice facilities for controlling stormwater runoff. "

                The preferred alignment for the Virginia Southeastern Expressway follows Elbow Road along
                the spillway of Stumpy Lake. This route will impact the wetlands of Gum Swamp. A final
                impact statement is currently being developed for this project which will address primary and
                secondary impacts to the significant wetlands and natural heritage resources found here. A
                variety of organizations and agencies are working with the project proponents to address


                                                             35






                North Landing River Gum Swamp - Conservation Plan


                these issues. The final statement should address impacts to natural heritage resources as well
                as impacts to the entire wetland ecosystem related to the maintenance of the hydrologic
                regime and protection of water quality. Thewetlands of Gum Swamp are important sources
                of freshwater and help maintain the delicate balance between fresh and saline waters in this
                estuarine ecosystem.

                Recreational activities in the watershed include boating.land shore fishing, hunting, canoeing,
                wildlife observation, water skiing, and power boating. "The river also plays a role in
                interstate commerce and transportation. The waterway is still used for commercial shipping,
                although its primary use is for recreational boating. Toxic spiUs related to commercial
                activities are a threat to natural heritage resources. Several agencies and organizations are
                working to develop comprehensive strategies for the containment and clean-up of spills and
                the protection of sensitive natural resources on the river.

                MANAGEMENT RECONffVIENDATIONS:
                The Nature Conservancy will develop a resource management plan for conservation lands
                within their ownership. This plan will be developed in coordination with the Department of
                Conservation and Recreation to complement and coordinate management activities for other
                tracts within the North Landing River Preserve System.
                @Long-term monitoring is recommended forrare species such as the Virginia least trillium and
                canebrake rattlesnake. -The heron breeding colony should also be monitored and birds
                tracked to determine critical resting and feeding sites along the river. Common reed
                (Phragmites, australis , a potentially aggressive marsh grass occur in scattered locations. It
                status should be monitored to ensure it does not encroach within the remnant marsh
                communitim


                A better understanding of the role of fire in canebrake ecotones is needed. Prescribed fire
                may help maintain these communities and enhance habitat conditions for many rare species.

                Little hydrologic information exists for this northern portion of the watershed. Hydrologic
                studies are recommended to determine groundwater and surface water *interactions and the
                geochemical influences on the wetlands. A better understanding of the hydrology is essential
                for protection of critical upland buffers and guides future site management.

                PROTECTION RECOMMENDATIONS:
                The Nature Conservancy owns a 1152 acre tract of forested swamp within this natural area.
                This tract protects a significant portion of the heron nesting colony and several other rare
                species. This. tract will be dedicated as part of the Virginia Natural Area Preserve System.

                Landowner contacts will continue and it is hoped that other key tracts will be permanently
                protected. Natural area registries and management agreements are recommended for lands
                within the secondary ecolgical. boundary. Impacts from surrounding land-uses should be
                mitigated by encouraging sound soil and water conservation practices and maintaining
                vegetated buffers to wetlands.



                                                               36






                North Landing River Gum Swamp - Conservation Plan


                Conservation planning boundaries will be incorporated into the City's land-use planning
                documents and environmental review process. DCR Division of Natural Heritage offers its
                expertise and knowledge in reviewing project proposals and working with City  planning staff.

                RECREATIONAL, SCENIC AND EDUCATIONAL RECOMMENDATIONS:
                In 1988, the General Assembly of Virginia passed a "Scenic River Designation Bill" making
                the North Landing River and Tributaries part of th'e Virginia Scenic Rivers System (Code of
                Virginia, Chapter 4, Section 10. 1-413.2). This designation recognizes the aesthetic as well
                as the functional values of this remarkably beautiful river. The Virginia Scenic River
                Program began in 1970 with approval by the General Assembly of the Virginia Scenic Rivers
                Act.


                The North Landing River is fairly slow-moving and picturesque. Recent recreational
                planning efforts have identified areas for potential river access along the entire North
                Landing River (Potter, et al. 1994). These river access efforts and proposals are detailed in
                the final report of the Virginia Department ofConservation and Recreation, North Landing
                River Watershed Public and Visual Assessment. The completion of this report, and its
                proposals fit well with the City of Virginia Rzach's plans to emphasize the southern portion
                of the city and eco/nature tourism.

                It is recommended that all activities on lands surrounding this sensitive and ecologically
                significant natural area@be appropriate for and compatible with long-term preservation.
                Planning efforts should emphasize passive recreational activities such as interpretive trails
                and educational opportunities, canoe trails and other low impact endeavors.

                INFORMATION NEEDS:
                Conservation planning is needed for the wetlands linking Gum Swamp with the North
                Landing River Pocosins. This wetland area north of the Pocaty River and along the west
                side of the North Landing River is linked hydrologically to these sites and provides a logical
                corridor for wildlife movement.
























                                                             37






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                                                         NORTH LANDING RIVER POCOSINS



                      LOCATION:                               Virginia, City of Virginia Beach
                                                              U.S.G.S. Quadrangle: Pleasant Ridge and Creeds

                      BIODIVERSITY RANK:                      B2


                      DIRECTIONS:
                      The North Landing River Pocosins occur on the west side of the North Landing River. The
                      site is located just south of the confluence of the Pocaty River and the North Landing River
                      and extends south to include the North Landing River Natural Area Preserve (which is
                      bisected by Pungo Ferry Road).

                      GENERAL DESCRIPTION:
                      Extensive forested swamps, pocosins, and estuarine marshes characterize this site. The
                      natural area is most noted for its rare pocosin and estuarine marsh communities. As many as
                      four rare communities, 10 rare plant species, and five rare animal species have been
                      documented from the site.


                      NATURAL HERITAGE RESOURCES: Table of Natural Heritage Resources


                      Scientific                                   Common                                       G/S             EO         St / Fed
                      Name                                         Name                                         Rank            Rank       Rank


                      communities:
                      oligotrophic saturated scrub                 fetter-bush-sheep laurel low pocosin         G3S1            BC         -   -
                      oligotrophic saturated woodland              pond pine/fetter-bush tall pocosin           G3S1            A          -   -
                      estuarine herbaceous vegetation              three-square bulrush-cattail oligo.marsh S3                  A          -   -
                      estuarine herbaceous vegetation              big cordgrass oligohaline marsh                 S5           AB         -   -

                      plants:
                      Lilaeopsis attenuata                         carolina lilaeopsis                          G3S1S2          D          C   -
                      Ludwigia alata                               winged seedbox                               G3G4S1          B          -   -
                      Lobelia elongata                             elongated lobelia                            G3G5S1          AB         -   -
                      Cleistes divaricata                          spreading pogonia                            G4SI            D          -   -
                      Carex striata                                a sedge                                      G4S1S2          All        -   -
                      Chamaecyparis thyoides                      Atlantic white cedar                         G4S2            A          -   -
                      Physostegia lentophylla                      slender-leaved dragon-head                   G4G5S2          A          -   C2
                      Cladium mariscus ssp iamaic.                 sawgrass                                     G5T5S1          A          -   -
                      Kalmia anaustifolia                          sheep laurel                                 G5S2S3          A          -   -
                      Spiranthes odorata                           sweetscent ladies-tresses                    G5S2            A          -   -


                      animals:
                      Euphyes dukesi                               scarce swamp skipper                         G3G4S2          A          C   -
                      Poanes aaroni aaroni                         saffron skipper                              G4T4S3          12qU
                      Crotalus horridus atricudatus               canebrake rattlesnake                        G5TQS1          U          LE -
                      Ixobrychus exilis                            least bittern                                G5S2            D
                      Atlides. belesus                             great purple hairstreak                      G5S3            U
                      Sorex longirostris fisheri                   Dismal Swamp SE shrew                        G5T2QS2         U          LT LT






                                                                                     39
 





                North Landing River Pocosins - Conservation Plan



                This site is most noted for its low and tall pocosin communities. Pocosins are natural
                communities characterized by peaty soils and heath-like vegetation. Along the North
                Landing River, they are situated between the oligohaline marshes and deepwater swamp
                forests. A high water table, abundance of spliagnum mo   ss, and slow decay of organic
                material contribute to deep peat and acidic soils. These conditions, along with nutrient poor
                soils and frequent fires, are common features of pocosin. communities. Plant associations
                grade from shrubby, low pocosins dominated by a dense layer of low heaths with occasional
                open herbaceous areas to tall shrub pocosins with sparse to dense small trees and shrubs.
                Red maple (Acer rubrum), Atlantic white cedar, and pond pine (P nus serotina) are dominant
                trees in these wetlands. These wetlands are locally called "juniper bogs" referring to the
                abundance of Atlantic white cedar in bog-like habitats. A dense understory of fetterbush
                (Lygnia lugW, sheep laurel. (Ka.1mia angusti:--olia), inkberry (Llex gLabrja, sweet bay
                (MgZnolia yij@, and red bay (Rersea R, lustris) grow beneath the tree canopy.
                Throughout the pocosin is a thick tangle of greenbrier (Lmilax Laurifolia), a thorny vine.
                Virginia chain fern is sometimes the only herb found in these heath dominated wetlands.
                Rare plants are found in pocosins as islands or openings in the lowest pocosins. These
                rarities include spreading pogonia and Walter's sedge. Few surveys have been conducted
                on the animal species of pocosins, however, rare butterflies such as Hessel's hairstreak are
                1nown to inhabit these wetlands.


                Pocosins are found thr6ughout the Atlantic coastal plain from southeastern Virginia to
                Northern Florida, and west to Mississippi. In Virginia, peat-based pocosins have never been
                common, but have historically been found in the Great Dismal Swamp and along, the lower
                Blackwater, North Landing, Northwest, and Nottoway rivers. Currently, they are limited in
                Virginia to remnant communities in the Great Dismal Swamp and along the North Landing
                River. They are considered an endangered community type in Virginia and a globally
                declining resource throughout their range. It has been estimated that less than 30 percent of
                this wetland type remains throughout the Atkultic coastal plain (Sharitz and Gibbons 1982).
                Virginia has faired even worse, with only 17 per cent of its pocosins remaining today.
                Hydrologic alterations, fire suppression, and peat mining arethe greatest threats to these
                wetlands. The best remaining pocosins in Virginia occur within this, natural area along the
                North Landing River.

                The marshes at this site are classified as estuarine herbaceous wetlands. Within this broad
                grouping, two marsh plant associations dominate, the big cordgrass oligobaline marsh and
                the three-square bulrush-cattail oligohaline marsh. These marshes are fairly extensive and
                considered exemplary occurrences in Virginia. In addition to being rare community types,
                they support several rare species of plants and animals. Plants such as elongated lobelia,
                sawgrass, carolina lilaeopsis and slender-leaved dragon-head can be found here, along with
                rare animals such as the canebrake rattlesnake, least bittern and several rare lepidoptera
                species.

                The marsh es are influenced by slightly brackish to fresh water and the irregular water level
                fluctuations caused by wind tides. They are formed back from the mouth of the estuary and
                are sometimes referred to as "back bay or lagoon marshes". Prevailing winds from the south


                                                              40






               North Landing River Pocosins - Conservation Plan


               and east push seawater through Currituck inlet and farther north providing a corridor for
               many southern plant species to reach their northern range limits. These marshes are plant
               species rich and considered unique to the mid-Atlantic region of Virginia and North Carolina.
               They are primarily found along the North Landing River, Northwest River, and the Back
               Bay watersheds. (Caljouw and Hobbs 1991, Clampitt 1993).

               At this site the marshes are quite picturesque; and form a "mosaic" with meandering creeks,
               low wooded uplands, and shrub swamps. - They serve a-variety of ecological needs and
               benefits. They are essential in maintaining the health of the North Landing River wetland
               ecosystem. The marshes, in addition to supporting many rare species of plants and animals,
               also contain flood waters and mitigate against, damage from storms. They provide a buffer
               Against shoreline erosion and pollution in the waterways. They produce and recycle nutrients
               and energy, and consequently provide habitat for a multitude of plants and animals.
               Carolina lilaeopsis is one of the rare plants found in the marshes. This attractive member of
               the tea family is rare throughout its range from Virginia to northern Florida, and in Virginia
               there are just 11 known occurrences (Ludwig, 1993). Carolina lilaeopsis is a candidate for
               listing in Virginia as State Threatened or Endangered. This perennial herb bears a dainty
               white flower and-is customarily found on muddy substrates in shallow water, marshes and
               @_swamps (Godfrey and Wooten, 1981).

               Elongated lobelia is atiother marsh plantbearing lovely purple, trumpet-like flowers. This
               rare herb is found from Delaware to southeastern Georgia, and is known from fewer than ten
               places in th-e state (Ludwig, 1993). Like carolina lilaeopsis, elongated lobelia is also found in
               swamps and marshes on the coastal plain (Godfrey and Wooten, 1981).

               The rare least bittern builds its nest near open water, but within marsh vegetation. This
               secretive bird frequently incorporates living cattails and aquatic reeds into the nest structure
               to add camouflage and stability. Least bitterns feed primarily on small fish, crustaceans and
               insects (Potter, 1980).

               One of the rarest lepidoptera found in the state is the scarce swamp skipper, also called the
               brown sedge skipper. Host plants for this medium-sized, dark-orangish-brown butterfly are
               primarily sedges. This animal is a very specialized marsh species, as female skippers lay
               eggs on the undersides of leaves of certain sedge species (Scott, 1986). Of the butterflies,
               skippers are generally the strongest and fastest flyers, and are frequently difficult to spot
               because they move so quickly. As the name implies, this butterfly is known from wooded
               and sedge swamps, where they spend their entire life cycles. Adult sedge skippers can be
               observed as they sip nectar from nearby flowers. These butterflies are threatened by habitat
               loss, and the loss of specific sedges upon which they lay their eggs.

               Forested swamps generally occur between the uplands and pocosin wetlands. These swamps
               are characterized by bald cypress (T xodium dListichum , black gum Nyssa sylvatica , red
               maple (Acer n1brum), and black willow (Salix nigra). Sedges and grasses such as swamp
               sedge (Carex hyalinolel2is) and cane (,&rundinaria gigLntea) are.often the only herbs in these
               shaded wetland communities. The rare epiphytic sedge sometimes occurs in these swamp


                                                             41






                 North Landing River Pocosins - Conservation Plan


                 forests. Although no records occur from this. site,    surveys should be conducted for this
                 sedge since there is potential habitat. Openings in these forested swamps often have heavy
                 concentrations of cane grass and are referred to as canebrakes.

                 These swamp forests support a rare mammal which is federally listed as threatened, the
                 Dismal Swamp southeastern shrew. This globally rare species is currently restricted to
                 southeastern Virginia (in the Dismal Swampand some.,-remnant locations along the North
                 Landing and Northwest rivers) and    'to northern and eak6m North Carolina. These tiny
                 mouse-like mammals spend much of their time under leaf litter, and under and around
                 decaying logs and stumps. The primary food sources of this shrew are spiders, earthworms,
                 grubs and other insect larvae. It is believed that they bear one to two litters of young per
                 year, but because shrews are small and secretive, much of the biology and natural history of
                 these animals remains unknown. Principle threats to these animals are habitat fragmentation
                 and loss.


                 The canebrake rattlesnake, listed as state endangered, occurs in the forested swamps and
                 wooded upland buffers of the natural area. 'Phis snake is restricted to a small portion of
                 southeastern Virginia. Its numbers are decreasing due to habitat loss, and deliberate
                 molestation and destruction by humans. The canebrake rattlesnake feeds primarily on grey
                 squirrels and cotton-tail rabbits (Savitsky, pers. comm.). It spends large amounts of time
                         in cypress swamps in or near the water. The canebrake spends four to five winter
                 months in underground bromation dens. They are live-bearing snakes and do not mature to
                 reproductive condition until approximately six or seven years. These animals are generally
                 reclusive and nonaggressive (Savitsky, pers. comm.; Erdle, pers. observation) and their
                 cryptic coloration frequently renders them virtually invisible.

                 The great purple hairstreak is one of the rare butterflies found in the forested swamps.
                 Virginia is the northern extent of this beautiful butter'fly's range on the east coast, and it is
                 rare in the state. These butterflies are blueish-purple on the upper sides of their wings, and
                 black on the bottom. Males often have hairlike tails on the hingwings, plus streaks of white
                 or brown, giving rise to the common name "hairstreak". Great purple hairstreaks are
                 customarily found in wooded areas where their host plants, mistletoe, are parasitic on trees.





                 PRIMARY ECOLOGICAL BOUNDARY:
                 It should be noted that conservation planning boundaries for the North Landing River
                 Pocosins encompass two natural areas, the North Pocosin Natural Area and the Pungo Ferry
                 Pocosin Natural Area. Although these natural areas were described separately in the final
                 report of the Natural Areas Inventory for the City of Virginia Beach (Clampitt 1993), they
                 have been combined in this report for ecological reasons. These sites support contiguous
                 fire-dependent communities and common strategies for management and protection.

                 The primary ecological boundaries surrounding this site follow natural landscape features
                 such as vegetative communities, waterways, and creeks whenever possible. The boundary


                                                                  42






                North Landing River Po    cosins - Conservation Plan


                encompasses known occurrences of natural heritage resources as well as their potential
                habitats. On the north and east sides of the site, the primary ecological boundary is
                contiguous with the center of the river channels of the Pocaty River to the north, and of the
                North Landing River to the east. Maintaining the existing hydrology is imperative to
                maintaining a viable interconnected wetland ecosystem. To encompass all existing pocosins
                and forested wetlands and uplands, along the southwestern edge, the primary boundary
                follows the channel of Blackwater Creek. The bound , y on the west side follows the edge of
                the marshes and swamp forest.

                SECONDARY ECOLOGICAL BOUNDARY:
                The secondary ecological boundary includes some lands and water intended     to mitigate
                natural and human threats to the elements and their habitats. The buffer lands included
                within the secondary ecological boundary will also provide managerial access for special
                management needs, as Well as access for educational purposes.

                Generally speaking, this secondary ecological boundary could also be considered a
                 watershed planning boundary". Land use within this critical boundary should be
                "monitored carefully, and uses should be environmentally compatible with the preservation of
                the significant natural resources. The primary ecological boundary and the secondary
               .:'ecological boundary are contiguous for all of the North Landing River Pocosins site except
                for some portions of the west side. On the west side of the site, the secondary ecological
                boundary expands to the the height of land bordering Blackwater Road. This expansion of
                the boundary is imperative for inclusion of critical groundwater recharge zones for the
                wetland communities. Maintenance of normal hydrologic regimes and good water quality is
                crucial within this boundary for the protection of wetland communities. The swamp/upland
                interface that is included within this boundary also provides critical foraging habitat and
                cover for the canebrake rattlesnake (Savitsky,, pers. comm.), the Dismal Swamp southeastern
                shrew, and the great purple hairstreak. It also serves as an important access point and buffer
                for future management activities within the preserve system. Prescribed fire management
                will be critical for the maintenance of this area, and the buffer provided by the secondary
                ecological boundary will provide important managerial and administrative access as well as
                fire breaks.



                SMOKE MANAGEMENT CORRIDOR:
                A smoke management corridor is included in the conservation plan to encompass surrounding
                areas that must be considered for smoke management planning and landowner notification
                related to prescribed fire activities. Within this corridor, landowners will be offered
                information regarding the prescribed fire activities occurring on nearby conservation lands.
                Prior to scheduled bums, landowners will be notified about bum plans and expectations
                regarding smoke management. Because prescribed fire management is imperative to the
                restoration and preservation of these resources, smoke management planning for these
                activities are large considerations and are designed to ensure public health and safety as well
                as meet ecological objectives. The smoke management corridor follows the secondary
                ecological boundary and/or the potential bum compartments, at a distance of approximately
                0.5 to 1 mile. This corridor is based on planning guidelines developed by the Virginia


                                                               43






                 North Landing River Pocosins - Conservation Plan


                 Department of Forestry and the Federal Interagency Coordinating Committee for Fire
                 Management. This corridor also includes paved roads and water channels which may be
                 become hazardous during heavy smoke periods.

                 ONSITE AND OFFSITE CONSIDERATIONS:
                 Surrounding land use in this area is primarily agricultural. Soybeans, wheat, and field corn
                 are the primary crops grown in the area. These farming practices are generally considered
                 compatible land uses with natural area preservation. Unfortunately, many farms are being
                 abandoned due to hard economic times and more and more rural open lands are being
                 replaced by residential and tract housing developments or other intensive land uses such as
                 golf courses. This type of development may have significant secondary impacts on sensitive
                 wetland natural areas.


                 Agricultural landowners should adhere to best management practices designed to, minimize
                 sedimentation and agricultural runoff in this 'watershed. Poorly planned farming activities
                 could impact water quality in tributary creeks and the main stem of the North Landing River.
                 The North Landing River was identified in the Nonpoint Source Pollution Watershed
                 Assessment Report as a high priority (H1, 95-100%) for pollution potential by nutrient
                 loadings from agricultural land. The same report assessed the North Landing River as a high
                 @
                 ,,priority (Hl) for overall agricultural pollution potential, and as (H2, 90-95%) for urban
                 ttrient load pollution (Wilson, 1993).

                 Surrounding residential and agricultural pesticide and herbicide use should adhere to BMPs
                 designed to minimize negative effects on wetlands and wetland dependent species. Pesticides
                 used for lawn and farm pest species could inadvertently jeopardize rare butterfly populations.
                 Biocides should be carefully chosen and applied by skilled certified applicators.

                 Current logging practices do not appear to threaten natural heritage resources. Logging is not
                 recommended in pocosin and forested swamps of this natural area. Logging practices on the
                 uplands should follow strict best management practices designed to maintain hydrologic flow,
                 reduce erosion, and control sedimentation. Large tract, clear-cutting or other large scale
                 land altering activities have the potential to influence hydrology and water quality within the
                 area and eliminate wildlife corridors. These activities should'be carefully planned and
                 monitored to ensure they provide the proper corridors for wildlife movement and buffers to
                 protect sensitive resources and water quality.

                 Recreational activities in the watershed include boat and shore fishing, hunting, canoeing,
                 wildlife observation, environmental interpretation, water skiing, and power boating. The
                 river also plays a role in interstate commerce and transportation. Although the Intracoastal
                 Waterway is still, used for some commercial shipping today, its primary use is recreational
                 boating. Toxic spills related to commercial activities are a threat to sensitive wetland
                 resources. Several agencies and organizations are working to develop comprehensive
                 strategies for the containment and clean-up of spills and protection of sensitive resources.

                 Planners and officials of the City of Virginia Beach are aware of the environmental
                 significance of this site. In fact, the North Landing River has been designated as an


                                                                44






                 North Landing River Pocosins - Conservation Plan


                 .,environmentally sensitive area" (City of Virginia Beach, 1991) by the City. The distinction
                 of environmental sensitivity does not, however, afford the river or the immediate surrounding
                 lands any additional protection from development or land use alteration. In 1991, the
                 Comprehensive Plan for the City of Virginia Beach called for a "Rural Preservation Plan"
                 (City of Virginia Beach, 1991). In addition to several additional objectives, the Rural
                 Preservation Plan dictates "Study of the City's southern watersheds that considers
                 environmental needs associated with residential and agn. cultural land use in this area, and the
                 development of regulations as appropriate based on the"study."

                 Also cited in the Comprehensive Plan for the City is a "Southern Watersheds Management
                 Ordinance". This is cited in the "Environmental Policies and Objectives" section, page II-D-
                 6 (City of Virginia Beach, 1991). This management ordinance sets "standards that include,
                 but are not limited to the provision of reserve sewage disposal drainfield sites, minimal
                 disturbance of land, the preservation of existing vegetation, erosion and sediment controls for
                 all land disturbing activities over 2500 square feet in area, the protection of ground water
                 supplies, the prohibition of development within fifty feet of any shoreline or wetland, and the
                 use of best management practice facilities for controlling stormwater runoff".

                 In November of 1993, a workshop to emphasize the values of the Southern Watersheds was
                 hosted by the City of Virginia Beach for local citizens. This workshop spawned discussions
                 between citizens, local conservation groups, City officials, and The Nature Conservancy.
                 This ad hoc. group has'developed a proposal for the preservation of agricultural land within
                 the watersheds. More information on this proposal is included in an appendix to this report.

                 MANAGEMENT RECOMMENDATIONS:
                 The Virginia Department of Conservation and Recreation (DCR) and The Nature
                 Conservancy (TNQ are currently developing resource management plans for lands within the
                 North Landing River Preserve System. This planning effort involves as many as 32 resource
                 managers, scientific experts, and conservation planners and is partially funded by NOAA
                 through a Virginia Coastal Resources Management Program grant. The expected completion
                 date for the plan is October 1994.

                 Several research and management programs are currently underway. These and other
                 recommended programs are briefly outlined here. Invasive species such as common reed
                 (Phragmites australis and nutria (or coypu) are problem species throughout the watershed
                 requiring biological monitoring and specialized control programs. Common reed is an
                 aggressive grass that has spread rapidly in the watershed. It quickly invades disturbed areas
                 and is extremely tolerant of increased salinities, nutrients, and sediments. Once established,
                 it easily forms dense clones and replaces native vegetation, including many rare plants.
                 When native plants are displaced, food and shleter for waterfowl. and wildllife is eliminated.
                 A common reed control program is currently underway in the Southern Watersheds. This is
                 a two year habitat demonstration project funded by the U.S. Environmental Protection
                 Agency (EPA) and U.S. Fish and Wildlife Service (USFWS). The project is coordinated by
                 DCR and USFWS with assistance from Virginia Department of Forestry (DOF) and a variety
                 of other cooperators.



                                                                45






                North Landing River Pocosins - Conservation Plan


                Through this interagency project, the status of common reed is evaluated in the watershed.
                and selected stands are treated which pose the greatest threat to rare species, natural
                communities, and wildlife. 'treatment is generally a two-step process of herbiciding and
                prescribed burning. A glyphosate herbicide is applied to selected stands toward the end of
                the growing season. This biodegradable herbicide not only kills above ground stems but is
                translocated via plant tissues to underground stems and roots affecting all plant parts.
                Prescribed bums are conducted in the dormant season to remove thick litter and encourage
                growth of native desirable plants. This combination treatment should be conducted for
                several years to be most effective. A 150 acre tract within the DCR Natural Area Preserve
                was herbicide treated and burned in 1993-1994. Retreatment will occur in late summer
                1994. This demonstnation project has fostered partnerships between state and federal
                agencies and will lead to long-term strategies for the control of common reed in the North
                Landing River.

                Nutria is a large rodent which was introduced from South America in 1899 into southern
                U@S. marshes to bolster the fur trade. In the: North Landing River, this species has increased
                greatly and is outcompeting native muskrats for marsh habitat and food. Overgrazed areas of
                marsh vegetation are readily apparent in theNor-th Landing River Pocosins site. Studies are
                needed to determine the status of nutria in the North Landing River and most effective means
                "of control.


                A comprehensive site fire management plan is needed for the wetlands within the preserve
                system. Fire plays a significant role in the development and maintenance of pocosins and
                estuarine marsh communities. These wetland communities depend on fire to set back plant
                succession, eliminate competing vegetation, release nutrients back into the soil, and provide
                habitat and food for a variety of wildlife and waterfowl species. Rare plant species such as
                spreading pogonia, bog cranberry, sawgrass, and Atlantic white cedar depend on fire to
                maintain open habitats and the proper conditions for seed germination.

                Pocosin vegetation is highly flammable and fires naturally occur in these communities every
                twoor three decades. Uncontrolled wildfires in these high intensity fuels pose a threat to
                human life and property. The last wildfire in this area occurred 15 years ago and burned
                over 2000 acres. Carefully planned and controlled bums will reduce the threat of potential
                wildfires causing personal injury, property loss, or ecosystem damage. Prescribed burn
                planning involves an assessment of fuel types and the development of appropriate
                prescriptions for burning, and the maintenance or construction of firebreaks.

                Planning also reduces the cost associated with wildfire control. A well thought out wildfire
                contingency plan will stratify types of response by area, season, and fire behavior. The plan
                will identify appropriate suppression methods given fuel types, existing natural and artificial
                firebreaks, access routes, and available firefighting equipment and personnel.

                Prescribed bum and wildfire contingency plans for the North Landing River will be
                developed by DCR, TNC, and DOF with assistance from local fire officials. Private
                landowners adjacent to the wetlands play an important role in developing and implementing
                these plans. They help determine where firebreaks and access points are possible and their


                                                             46






                 North Landing River Pocosins - Conservation Plan


                 cooperation is essential in maintaining these features to contain fire within prescribed units.

                 A fire history study is currently underway at this site. Fire ecologi sts are analyzing peat and
                 tree cores to determine when fires occurred over the past 1000 years in the pocosins. Fossil
                 pollen and charcoal are analyzed from the peat cores and carbon dated. Existing forest
                 stands will be surveyed. Age structure and fire scars from tree cores and wedges will give
                 us information on recent fire return intervals.. This information will help us understand past
                 fire regimes and the response of vegetation to these disturbances.

                 Hydrologic research is also u nderway to deterrnine@the geochemical controls influencing the
                 wetlands. This study is funded through EPA. and the U.S. Geological Survey (USGS) and
                 conducted by professional hydrologists with field assistance from DCR and TNC. The study
                 includes the determination of peat thickness and depth to the underlying aquifer and confining
                 units. Well transects are installed and water levels monitored to determine seasonal ground
                 water levels, direction of flow, and interaction of surface and ground water. Water is
                 sampled for major ions and nutrients. This information gives insight to regional vs. local
                 hydrologic patterns and indicates if nearby land-use practices have influenced water quality in
                 the wetlands. This study provides essential information to develop more detailed
                 conservation plans for upland buffers. It allows us to test the effectiveness of best
                 :management practices such as vegetated buffer strips.


                 Monitoring programs are recommended for the rarest and most threatened species at the site.
                 Species considered for monitoring include Atlantic white cedar, spreading pogonia. orchid,
                 scarce swamp skipper, canebrake rattelsnake, and Dismal Swamp southeastern shrew.
                 Monitoring will be conducted to track species vigor and population numbers over time.
                 Many species serve as biological indicators and may help us detect future change or impacts
                 to wetland communities. Plant community monitoring programs should also be conducted to
                 correlate habitat changes with species fluctuations and to ensure the effectiveness of
                 managment practices.

                 Lands situated between the primary and secondary ecological boundaries are suitable for
                 environmentally compatible land-uses. Activities which may possibly alter the hydrology of
                 sensitive wetlands should be carefully assessed and avoided within this area. On-going
                 hydrologic assessments will help guide these evaluations. When large scale land disturbing
                 activities are planned within the secondary ecological boundaries, DCR Division of Natural
                 Heritage staff should be consulted to avoid impacts to natural heritage resources.

                 PROTECTION RECOMMENDATIONS:
                 This site merits a high level of protection as it supports exemplary pocosins, estuarine
                 marshes, and many rare species. DCR and TNC have purchased as many as seven tracts of
                 land protecting over 4,000 acres of wetlands at this site. These tracts form the core of the
                 9,000 acre preserve system along the North Landing River. All tracts will be dedicated as
                 part of the Virginia Natural Area Preserve System. Negotiations with other landowners
                 continue, in hopes of securing the protection of other key tracts within the primary ecological
                 boundary.


                                                                47






                 North Landing River Pocosins - Conservation Plan


                 Developing partnerships and management strategies with adjacent landowners           are essential in
                 protecting critical buffers and implementing management programs on conservation lands.
                 Landowners will be presented information on the signficant natural areas and protection
                 options available to them. Natural area registry or management agreements are
                 recommended for lands within the secondary ecological boundaries. Impacts from
                 surrounding land uses should be mitigated by encouraging sound soil and water conservation
                 practices and maintaining vegetated buffers to wetlands.- A model conservation Ian will be
                                                                                                        P
                 developed for landowners in 1995 As part of the hydrologic assessment and conservation
                 project underway.

                 Conservation planning boundaries will be incorporated into the City's land-use planning
                 documents and environmental review process. DCR Division of Natural Heritage offers its
                 knowledge and expertise in reviewing project proposals and working with planning staff.


                 RECREATIONAL, SCENIC AND EDUCATIONAL RECOMMENDATIONS:
                 In 1988, the General Assembly of Virginia - passed a "Scenic River Designation Bill" making
                 the North Landing River and tributaries part of the Virginia Scenic Rivers System (Code of
                 Virginia, Chapter 4, Section 10. 1-413.2). This designation recognizes the aesthetic as well

                 @
                 as the functional values of this remarkably beautiful river. The Virginia Scenic River
                 Prograni began in 1970 with approval by the General Assembly of the Virginia Scenic Rivers
                 Act. A local board composed of citizens of the Cities of Chesapeake and Virginia Beach
                 advise DCR on scenic river issues.


                 The waters of the North Landing River are f2drly slow-moving and picturesque. Recent
                 recreational planning efforts have identified areas for potential river access/canoe put-ins and
                 canoe trails along the entire North Landing River. Efforts by DCR towards the planning and
                 implementation of a canoe launch at Alton's Creek are well underway. A small tract of
                 upland was recently purchased by DCR for preserve and river access. This site, located off
                 Blackwater Road and bordering Alton's Creek, provides other passive recreational and
                 environmental education opportunities. A trail and boardwalk from the uplands to the
                 wetlands emphasizes the natural history and signficance of this wetland ecosystem.

                 It is recommended that recreational activities on lands surrounding this extremely sensitive
                 and ecologically significant natural area be compatible with long-term preservation goals for
                 the resource. Planning efforts should emphasize passive recreational activities such as
                 interpretive trails and educational opportunities, canoe trails, and other low impact
                 endeavors.


                 INFORMATION NEEDS:
                 Additional vertebrate and invertebrate inventories are needed, especially for Hessel's.
                 Hairstreak, canebrake rattlesnake, Dismal Swamp southeastern shrew, and the eastern big-
                 eared bat.







                                                                  48



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                                          NORTH LANDING RIVER OAKUM CREEK


                   LOCATION:                         Virginia, City of Virginia Beach
                                                     U.S.G.S. Quadrangle: Creeds

                   BIODIVERSITY RANK:                B3


                   DIRECTIONS:
                   North Landing River Oakum Creek is located along the east side of the North Landing
                   River. The site includes much of the lower end of the-creek, the mouth and associated
                   marshes and uplands, south of Creeds and north of Munden. The natural area includes part
                   of Munden Point Park.


                   GENERAL DESCRIPTION:
                   Oakum Creek is a small, slow-moving, and tightly-meandering tributary to the North
                   Landing River. Near the mouth of the-creek, at its confluence with the North Landing
                   River, there are marshes which support several rare species of plants and animals. Munden
                   Point Park, a city park, is located just south of this confluence, and some
                   ecologically sensitive areas and rare species habitat are located within the park.

                   NATURAL HE        RITAGE RESOURCES: Table of Natural Heritage Resources

                   Scientific                        Common                                   G / S            EO       Fed / St
                   Name                              Name                                     Rank             Rank     Rank


                   plants:
                   Lilaeopsis attenuata              carolina lilaeopsis;                     G3S1S2           B        - C
                   Lobelia elonzata                  elongated lobelia                        G3G5S1           A        -  -
                   Cladium mariscus Jamaicense       sawgrass                                 G5T5S1           A        -  -
                   animals:
                   Euphles dukesi                    scarce swamp skipper                     G3G4S2           U        C -
                   Poanes aaroni aaroni              saffron skipper                          G4T4S3           U        -  -
                   Crotalus horridus atricaudatus    canebrake rattlesnake                    G5T2QS2          U        -  LE

                   oakum Creek runs for 2 to 2.5 miles and has its headwaters in fields east of the intersection
                   of Pungo Ferry Road and Princess Anne Road. It obtains much of its waters from ditches
                   and drains in that area. Oakum Creek runs south, passing through the town of Creeds, and
                   there it begins a southwest direction towards the North Landing River channel.                  The
                   marshes supporting rare plants and animals are bordered on the northeast and the east by a
                   for*est. This forested area was described by Departmem of Conservation and Recreation
                   ecologists as being a species-rich forest, with an excellent possibility of supporting additional
                   rare plant and animal species.

                   Oakum Creek flows for two and a half miles from an area east of the intersection of Pungo
                   Ferry Road and Princess Anne Road to its confluence with the North Landing River,
                   approximately a mile north of the town of Munden. Throughout most of this stretch, Oakum
                   Creek runs through nutrient-rich mars       hes, skirting agricultural fields and forested uplands.
                   At the confluence of Oakum Creek and the North Landing River, where the water is fresh to
                   very slightly brackish, high quality marshes support several rare species of plants and
                   animals.




                                                                        50






                North Landing River Oakum Creek - Conservation Plan


                The estuarine marshes at this site are classified as estuarine herbaceous wetlands. A rare
                plant association found within this broad wetland grouping is the oligohaline marsh
                dominated by robust emergents, such as big cordgrass, common reed, southern cattail, and
                the rare sawgrass. This site, like many along the North Landing River, experiences irregular
                water level fluctuations resulting from wind tides. The water is slightly brackish to fresh.
                A bald cypress swamp has formed at the mouth of the creek, and the rare plants, carolina
                lilaeopsis and elongated lobelia, are found near the mouth of the creek where cypress knees
                offer some shelter from storm waves and boat wakes.'

                Sawgrass is part of the marsh community described above. This rare sedge is frequently
                found in freshwater marshes, although it can tolerate some salt (Schafale and Weakley,
                1990), and may occur in brackish marshes as well. Sawgrass is the primary component of
                the Everglades in Florida, and is near the northern edge of its range here in Virginia.

                Another rare plant found, in the marshes is carolina lilaeopsis. This attractive member of the
                tea family is at the northernmost edge of its range here in Virginia. It is considered globally
                rare, ranging from Virginia to northern Florida, with fewer than 100 total documented
                occurrences (Ludwig, 1993). This perennial herb bears a dainty, white flower, and is
                customarily found in shallow water, marshes and swamps (Godfrey and Wooten, 1981). In
                Virginia, this rare plant is known from 11 locations and is a candidate for listing as State
                Threatened or Endangered.

                Elongated lobelia is also found from the Oakum Creek site. This herb is found from
                Delaware to southeastern Georgia and is considered rare in Virginia, with fewer than 10
                documented occurrences (Ludwig, 1993). Like carolina lilaeopsis, elongated lobelia is also
                found in swamps and marshes on the coastal plain (Godfrey and Wooten, 1981). It bears a
                lovely purple, trumpet-like flower in late summer.

                One of the rarest butterflies in the state is the scarce swamp skipper, also called the brown
                sedge skipper. Host plants for this medium-sized, dark-orangish-brown butterfly are
                primarily sedges, where the female skippers lay eggs on the undersides of leaves of specific
                sedge species (Scott, 1986). Of the butterflies, skippers are generally the strongest and
                fastest flyers, and are frequently difficult to spot because they move so quickly. As the name
                implies, this butterfly is known from wooded and sedge swamps, where they spend their
                entire lifecycles. Adult sedge skippers can be observed as they sip nectar from nearby
                flowers.


                Healthy marshes and creeks provide a variety of ecological benefits and are imperative in
                maintaining the health of a riverine system. Marshes enhance water quality, help contain
                flood waters, and mitigate against storm damage. They provide a buffer against shoreline
                erosion, and produce large amounts of nutrients and energy. Additionally, marshes provide
                habitat for a multitude of plants and aniniahs.

                The forested uplands at this site are extremely diverse and there is a high probability that
                they support additional rare species of plants and animals. Although the forest has been cut-
                over in the past, it remains species-rich, and is characterized by some large magnolia


                                                               51






               North Landing River Oakum Creek - Conservation Plan


               (Magnolia yi1giaW and scattered sweetleaf (S1           nctoria).
                                                            4mplocos ji@__

               PRIMARY ECOLOGICAL BOUNDARY:
               The primary ecological boundary includes known occurrences of natural heritage resources,
               and their potential habitats. This boundary encompasses the marshes along the North
               Landing River channel and Oakum Creek. Appropriate management will enhance these
               marshes and the rare plants found here. Because the restoration potential for these areas is
               quite high, more rarities may be found with additional@ surveys. The primary boundary is
               contiguous with the channel of the North Landing River along the west side of the site, and
               for the remainder of the site it expands to take in marshes along Oakum Creek, as well as
               the creek itself. These marshes are known and potential habitat for rare species at this site,
               The primary ecological boundaryincludes the watershed of the small, unnamed branch of
               Oakum Creek located to the south. This area contributes to the water quality of the marshes
               and is excellent potential habitat for rarities.

               On the south, southwestern edge of the site, the primary and secondary ecological boundaries
               are contiguous, and cross through Munden Point Park. This park is owned by the City of
               Virginia Beach,. and consists of some river frontage with boat launches and recreational
               activities. The portion of the park that is included within the ecological boundaries of this
              votential natural area are some lands fronting the North Landing River and some lands
               adjacent to Oakum Creek and the small, unnamed branch of Oakum Creek. These areas
               appear to be well away from the more intensive recreation areas of Munden Point Park.

               SECONDARY ECOLOGICAL           BOUNDARY:
               The secondary ecological boundary includes lands and water intended to mitigate natural and
               human threats to the elements and their respective habitats. This boundary also includes
               lands related to special management needs such as prescribed burning.

               The boundary is contiguous with the primary ecological boundary for much of the site,
               however, on the eastern side of the park, the secondary ecological boundary expands to
               include the species-rich forested uplands mentioned previously. This forest buffers the
               smaller branch of Oakum Creek and the relatively undisturbed nature of this area, combined
               with the character of the woodland, make it ideal potential habitat for additional rarities, as
               well as the canebrake rattlesnake and other rare butterflies. Canebrake rattlesnakes spend
               large amounts of time resting and foraging in uplands and upland/marsh interface zones, and
               this small woodland is important habitat for this species.

               ONSITE AND OFFSITE CONSIDERATIONS:
               Surrounding land use in this area is primarily agricultural, although in recent years many
               local farms have been developed for alternative uses such as residential and tract housing.
               This type of development may have significant impacts on sensitive natural areas.

               Agricultural land-use is generally compatible with natural area protection. Best Management
               Practices designed to minimize sedimentation and agricultural runoff should also be adhered
               to in this watershed, as farming activities could influence water quality in Oakum Creek.
               The North Landing River was identified in the Nonpoint Source Pollution Watershed


                                                           52




               North Landing River Oakum'Creek - Conservation Plan

               Assessment Report as a high priority (HI, 95-100%) for pollution impacts from nutrient
               loadings from agricultural land. The same report assessed the North Landing River as a high
               priority (HI) for overall agricultural pollution, and as (H2, 90-95%) for urban nutrient load
               pollution (Wilson, 1993).

               Current logging practices do not appear to be a threat to natural heritage resources. BMPs
               designed to maintain hydrologic flow, reduce erosion,,,and control sedimentation should be
               adhered to within this small watershed. Large tract, cle"ar-cutting or other large-scale land
               altering activities could influence hydrology and water quality in Oakum Creek, and therefore
               should be monitored closely to avoid hydrologic impacts and maintain critical buffers to
               sensitive wetlands.


               Planners and officials of the City of Virginia Beach are aware of the environmental
               significance of the southern watersheds, and 'the North Landing River has been designated as
               an "environmentally sensitive area" (City of 'Virginia Beach, 199 1). The distinction of being
               an environmentally sensitive area does not, however, afford the river or the immediate
               surrounding lands any additional protection from development or land use alteration.
               In 1991, the Comprehensive Plan for the City of Virginia Beach called for a "Rural
               Preservation Plan" (City of Virginia Beach, 1991). In addition to several additional
              ..;objectives, the Rural Preservation Plan dictates "Study of the City's southern watersheds that
               considers environmental needs associated with residential and agricultural land use in this
               area, and the developrAent of regulations as appropriate based on the study." It is presumed
               that this study is ongoing.

               Also cited in the Comprehensiv'e Plan for the City is a "Southern Watersheds Management
               Ordinance." This is cited in the "Environmental Policies and Objectives." section, page 11-D-
               6 (City of Virginia Beach, 1991). This management ordinance sets "standards that include,
               but are not limited to the provision of reserve sewage disposal drainfield sites, minimal
               disturbance of land, the controls for all land disturbing activities over 2500 square feet of
               development within fifty feet of any shoreline or wetland, and the use of best management
               practice facilities for controlling stormwater runoff."




               MANAGEMENT RECOMMENDATIONS:
               Staff at Munden Point Park should be advised of the rare plant and animal species located
               within and near the park, as well as appropriate management techniques and strategies for the
               maintenance of these and the control of invasive species such as common reed. It iis
               recommended that Department of Conservation and Recreation Division of Natural Heritage
               Stewardship staff and park personnel jointly develop management plans for significant natural
               areas within the park.

               A better understanding of the hydrology of the North Landing River system is imperative for
               future management decisions. A study of this nature is currently underway in other parts of
               the riverine system, and management plans and ecological boundaries will be continually
               refined as more information is obtained.



                                                          53






                North Landing River Oakum Creek - Conservation Plan



                PROTECTION RECOMMENDATIONS:
                Natural area management agreements, registries and other less-than7fee-acquisition protection
                options are recommended for this site. Natural area preserve dedication should be
                considered for areas within the conservation planning boundaries at Munden Point Park.
                Voluntary partnerships with private landowners will protect sensitive wetlands. Impacts from
                surrounding land-uses should be mitigated by encouraging sound soil and water conservation
                practices and maintaining vegetated buffers to the wetlands.

                Conservation planning boundaries for this site will be incorporated into the City's land-use
                planning documents, development review process, and park administrative plans. DCR
                Division of Natural Heritage offers its knowledge and expertise in reviewing project
                proposals and working with City planning and resource management staff.

                RECREATIONAL, SCENIC AND EDUCATIONAL RECOMMENDATIONS:
                In 1988, the General Assembly of Virginia passed a "Scenic River Designation Bill" making
                the North Landing River and tributaries part of the Virginia Scenic Rivers System (Code of
                Virginia, Chapter 4, Section 10. 1-413.2). This designation recognizes the aesthetic as well
                as the functional values ofthis remarkably beautiful river. The.Virginia Scenic River
                Program began in 1970 with approval by the General Assembly of the Virginia Scenic Rivers
                ;Act.


                The North Landing R&er is fairly slow-moving and quite picturesque. Recent recreational
                planning efforts have identified areas for potential river access/canoe put-ins along the entire
                North Landing River. The noteworthy designation as a "State Scenic River" and future plans
                to better use and enhance the public's access to the North Landing River mesh well with the
                City of Virginia Beach's plans to emphasize ecotourism in the city.

                A public education program for nearby residents, developers, builders and river-users might
                enhance public awareness about this riverine system and the tremendous biodiversity it
                supports. If not presently in place, additional interpretive programs could be initiated by
                staff at Munden Point Park to further educate park visitors.





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                                        NORTH LANDING RIVER SOUTHERN MARSHES

                    LOCATION:                            Virginia, City of Virginia Beach
                                                         Quadrangle: Creeds

                    BIODIVERSITY RANK:                   B2


                    DIRECTIONS:
                    The North Landing River Southern Marshes is located'along the western shore of the North
                    Landing River, south of Blackwater Creek and north of the Virginia/North Carolina State
                    Line. The site includes both Blackwater Creek and Milldam Creek.


                    GENERAL DESCRIPTION:
                    The Southern Marshes encompass forested swamps and extensive oligohaline marshes.
                    Within the swamp forest are small, slightly raised, sandy islands which support a diverse
                    array of rare plants and animals. Plant species richness is high throughout the site,
                    especially in the marshes. A small but exernplary stand of Atlantic white cedar occurs here
                    as well. The site supports three rare natural communities, eight rare plants, and nine rare
                    animal species.

                    NATURAL HERITAGE RESOURCES: Table of Natural Heritage Resources
                   '@Scientific                          Common                                      G I S             EO        Fed / St
                    Name                                     Name                                    Rank              Rank      Rank
                    communities:
                    Estuarine herbaceous vegetation          big cordgrass oligohaline marsh           S5              AB        -  -
                    Estuarine herbaceous vegetation          spikerush short oligohaline marsh         S1              AB        -  -
                    Estuarine herbaceous vegetation          three-square bulrush-cattail              S3              A         -  -
                                                                 oligohaline marsh
                    plants:
                    Boltonia caroliniana                     carolina boltonia                       G2QS1             U         -  -
                    Chamaecyparis thyoides                   Atlantic white cedar                    G4S2              BC        -  -
                    Cladium mariscus ssp jamaic@nse          sawgrass                                G5T5S1            A         -  -
                    Spiranthes odorata                       sweetscent Ladies'-tresses              G5S2              A         -  -
                    Stewartia malachodendron                 silky camellia                          G4S2              B         -  -
                    Physostggia leptophylla                  slender-leaved dragon-head              G4G5S2            A         C2
                    Ludwiffia alata                          winged seedbox                          G3G4S1            B
                    Carex decomR2Lita                        epiphytic sedge                         G3G4S1            B         3CD

                    animals:
                    Euphyes dukesi                           scarce swamp skipper                    G3G4S2            U         -  -
                    Poanes aaroni aaroni                     saffron skipper                         G4T4S3            U         -  -
                    Rallus elezans                           king rail                               G4QS2             U         -  -
                    Rallus limicola                          Virginia rail                           G5S2              U         -  -
                    Ixobrychus gXjfi@                        least bittern                           G5S2              CD        -  -
                    Atlides helesus                          great purple hairstreak                 G5S3              U         -  -
                    Crotalus horridus atricaudatus           canebrake rattlesnake                   G5T2QS1           U         -  LE
                    Synaptoml cooperi helaletes              southern bog lemming                    G5T3S3            U         3C -
                    Sorex loneirostris fisheri               Dismal Swamp southeastern shrew         G5T2QS2           U         LT LT
                    The most diverse and extensive oligohaline marshes in Virginia are found within this natural
                    area. The marshes are classified as estuarine herbaceous wetlands. Within this broad
                    grouping, there are three distinct plant associations; the big cordgrass oligohaline marsh,


                                                                              56






                North Landing River Southern Marshes - Conservation Plan


                the spikerush short oligohaline marsh and the three-square bulrush-cattail oligohaline
                marsh.


                The marshes here are generally dominated by robust emergents such as big cordgrass,
                common reed, southern cattail, narrow-leaf cattail, black needlerush, and the rare sawgrass.
                Some areas of low marsh contain a diverse mix. of plants including carolina boltonia,
                sweetscent Ladies'-tresses, slender-leaved drugon-head@ and winged seedbox. The marshes
                also support rare animals such as the king rail, Virginia rail, least bittern, and several rare
                species of butterflies, including the great purple. hairstreak.

                The marshes are influenced by slightly brackish to fresh water and the irregular water level
                fluctuations resulting from wind tides. They form back from the mouth of the estuary and
                are sometimes referred to as "back bay or lagoon marshes". Prevailing winds from south
                and east push seawater through Currituck Inlet and farther north providing, a corridor for
                many southern plants to reach their northern range limits. These marshes are plant species
                rich and considered unique to the mid-Atlantic region of Virginia and North Carolina.
                (Caljouw and Hobbs 1991, Clampitt 1993). This site supports the best example of this
                community type known in Virginia.

               @fThe marshes are picturesque and form a mosaic with meandering creeks, guts, low wooded
                uplands, and shrub swamps. They serve a variety of ecological functions. They are
                essential in maintaininj the health of the North Landing River wetland ecosystem. The
                marshes, in addition to supporting many rare species, also conatin flood waters and mitigate
                against damage from storms. They provide a buffer against shoreline erosion and pollution
                in the waterways. They produce and recycle nutrients and energy, and consequently provide
                habitat for a multitude of plants and animals.

                The rare least bittern, builds its nest near open water within marsh vegetation, frequently
                incorporating living cattails and aquatic reeds into the nest structure. These small secretive
                birds"feed mostly on small fish, crustaceans and insects (Potter, 1980). Several breeding
                pairs have been documented from this site.

                Elongated lobelia is a rare marsh plant bearing beautiful purple, trumpet-like flowers. The
                range of this rare herb is from Delaware to southeastern Georgia (Godfrey and Wooten,
                1981). In Virginia, elongated lobelia is known from fewer than ten locations (Ludwig,
                1993). These plants are customarily found in swamps and marshes on the coastal plain
                (Godfrey and Wooten, 1981). Extensive pol ulations occur within the marshes of the North
                Landing River.


                This site also supports the scarce swamp skipper, also known as the brown sedge skipper,
                one of the rarest butterflies in Virginia. Scarce swamp skippers are medium-sized, dark-
                orangish-brown butterflies which can be found primarily in the marshes. Female skippers
                lay eggs on the undersides of leaves of specific sedge species (Scott, 1986) so these animals
                are dependent upon the the continued health and diversity of the marshes. Of the butterflies,
                skippers are generally the strongest and fastest flyers, and are frequently difficult to spot


                                                             57






                North Landing River Southern Marshes -Conservation Plan


                because they move so quickly. As the name implies, this butterfly is known from wooded
                and sedge swamps and marshes, where theyspend their entire life cycles. Adult sedge
                skippers can sometimes be observed as they sip nectar from nearby flowers.

                Swamp forests border the marshes along their western fringes. These swamps are
                characterized by bald cypress gaxodium distichum), swamp tupelo (Nyssa aquatica , red
                maple (Acer nLbrum), loblolly pine (EiLnus jagda       sweetgurn (Liquidambar AyradffW.
                                                                ), and.,-,,
                The swamps support such rarities as epiphytic sedge and a small stand of Atlantic white
                cedar.


                Atlantic white cedar wetlands are regionally declining. The range of this wetland type is
                much reduced due to wetland alteration projects and poorly planned logging practices.
                Atlantic white cedar is geographically restricted to freshwater wetlands along a narrow band
                of the eastern coastal United States. Although cedar swamp and bogs were never widely
                distributed, they are increasingly encroached upon by mining and draining for alternative
                land-uses (Laderman 1987). The small Atlantic white cedar stand at this site is surrounded
                by a larger hardwood swamp.

                Epiphytic sedge, often called cypress-knee sedge, occurs along creek channels and open
                water pools within the swamp forest. In recent years, this species range has shrunk
               'Considerably along the east coast and midwestern United States. It is now found in
                somewhat disjunct locdtions throughout parts of its historic range (Ostlie 1990). In Virginia,
                it is known from the North Landing River and from only one other river statewide. The
                epiphytic sedge is usually found in undisturbed, organic-rich backwaters; it occurs on floating
                or partially-submerged rotting logs, stumps and most often, on cypress knees along the edge
                of the swamp forest. It is a perennial species that bears its perigynia in mid-summer.
                Dispersal of seeds is believed to be facilitated by waterbirds, carried inadvertently on the feet
                and deposited onto the log or stump when the birds come to rest (Ostlie, 1990). Epiphytic
                sedge is threatened by negative changes in water quality, direct habitat destruction and
                disruptions in normal hydrologic flow, which may either raise or lower water levels.

                The canebrake rattlesnake, a state endangered species, is found primarily in the swamp
                forest. This snake is restricted to a small portion of southeastern Virginia. Its numbers here
                are decreasing rapidly due to habitat loss and deliberate molestation and destruction by
                people. The canebrake rattlesnake feeds primarily on grey squirrels and cotton-tail rabbits
                (Savitzky, pers. comm.) but spends large amounts of time resting in cypress swamps in or
                near the water. The canebrake rattlesnake spends approximately four to five months in
                underground bromation dens during the winter. They are live-bearing snakes, and have one
                to two litters per year. These animals are reclusive and non-aggressive (Savitzky, pers.
                comm.; Erdle, pers. observation) and their cryptic coloration frequently renders them
                virtually invisible.

                The Dismal Swamp southeastern shrew is found only in southeastern Virginia (primarily in
                the Dismal Swamp with satellite populations along the riverine wetlands of the Southern
                Watersfieds) and in northern/northeastern North Carolina. These tiny, mouse-like mammals
                spend much of their time under leaf litter, and under and around decaying logs and stumps.


                                                              58






                North Landing River Southern Marshes - Conservation Plan


                The primary food source of the shrew is spiders, earthworms, grubs and other insect larvae.
                It is believed that they bear one to two litters of young per year, but because shrews are
                small and secretive, much biology and natural history of these animals remains unknown.
                Principle threats to the shrew are habitat destruction and loss; and habitat alteration which
                allows interbreeding with the more common upland shrew, the southeastern shrew (Sorex
                longirostris Longirostris).

                The ecotone, or interface zone, between forested wetlands and uplands provides habitat for a
                rare plant and several rare animal species. The silky camellia is found in this ecotone.
                Silky camellia is a rare member of the tea family, and is characteristically found in moist
                forests, low woods and on creek banks (Radfbrd, 1968). This plant is rare throughout its
                range, and is known from only 16 locations in Virginia. The silky camellia is a small shrub
                with lovely, delicate, white flowers. These forested areas (wetland, edge and upland) are
                also critical habitat for the Dismal Swamp southeastern shrew, southern bog lemming, and
                canebrake rattlesnake..


                PRIMARY ECOLOGICAL BOUNDARY:
                The primary ecological boundary includes known occurrences of natural heritage resources as
                well as their potential habitats. All of the extensive marshes along  the southwest side North
               @:Landing River are included within this boundary, as are the associated upland islands, swamp
                forests and some upland forests considered important buffers and,possibly supporting rare
                species. Small portions of the upper watershed for Blackwater Creek and Milldam Creek are
                included within the primary ecological boundary. At the southern end of the site, the
                primary ecological boundary must adhere to political considerations, as it coincides with the
                Virginia/North Carolina line.

                SECONDARY ECOLOGICAL BOUNDARY:
                The secondary ecological boundary includes lands and water intended to mitigate natural and
                human threats to the elements and their respective habitats. This boundary also includes
                lands related to special management needs such as prescribed burning at this site. Because
                water quality and maintenan  'ce of a normal hydrologic regime are critical to some of the rare
                plants at this site, this boundary also encompasses wetlands and some of the associated
                uplands within the watersheds of Blackwater Creek and Milldam Creek.

                The secondary ecological boundary coincides with the primary ecological boundary on the
                south and east sides of the site. On the west side of the site however, the secondary
                boundary expands slightly to include some raised islands and marsh/upland interfaces along
                the North Landing River. These interface areas are critical habitat for several rare species
                such as the silky camellia, canebrake rattlesnake, Dismal Swamp southeastern shrew, great
                purple hairstreak and the southern bog lemming. The secondary ecological boundary also
                expands minimally around the drainages for Blackwater Creek and Milldam Creek to provide
                some buffer for these important tributaries, and to allow for future management needs.

                SMOKE MANAGEMENT CORRIDOR:
                The smoke management corridor is included for the North Landing River Southern Marshes
                site' to encompass surrounding areas that must be considered during future prescribed fire


                                                               59






                 North Landing River Southern Marshes - Conservation Plan


                 management. Landowners within this corridor will be offered information about the
                 prescribed bum management plans and practices. Prior to scheduled bums, every effort will
                 be made to notify these landowners about burn plans and schedules. Because prescribed fire
                 management is imperative to the restoration and preservation of these resources, smoke
                 management planning for these activities are important considerations and are designed to
                 enusre public safety and health while meeting-, ecolgocial management objectives. The smoke
                 management corridor follows the secondary ecological,boundary and/or the bum
                 compartments at a distance of approximately 0.5 to 1 mile. This corridor is based on
                 planning guidelines developed by the Virginia Department of Forestry and the Federal
                 Interagency Coordinating Committee for Fire Management. This corridor also includes
                 paved roads and open water which may become hazardous during heavy smoke periods.

                 ONSITE AND OFFSITE CONSIDERATIONS:
                 Surrounding land use in this area is primarily, agricultural. Soybeans, wheat, and field com
                 are the primary crops grown in the area. These farming practices are generally 'considered
                 compatible with natural area preservation efforts. Unfortunately, many farms are being sold
                 due to difficult economic times. More and more rural open land is being replaced by
                 residential and large tract housing developments or other intensive land-uses such as golf
                 courses. This type of development may have significant secondary impacts on sensitive
                .,.natural areas in the watershed.

                 Agricultural landowners should adhere to best management practices designed to minimize
                 sedimentation and agricultural runoff in the watershed. Poorly planned farming activities
                 could impact water quality in the tributary creeks and the main stem of the North Landing
                 River. The North Landing River was identified in the Nonpoint Source Pollution Watershed
                 Assessment Report as a high priority (HI, 95-100%) for pollution impacts from nutrient
                 loadings from agricultural land. The same report assessed the North Landing River as a high
                 priority (Hl) for overall agricultural pollution  and as (H2, 90-95%) for urban nutrient
                 loading pollution (Wilson, 1993).


                 Surrounding landowners using pesticides and herbicides should adhere to BMP's designed to
                 minimize negative effects on wetlands and wetland dependent species. Pesticides used for
                 lawn, farm, or forest pest species could inadvertently jeopardize rare invertebrates. Certain
                 herbici*des may impact water quality.and threaten -non-target plant species if not carefully
                 selected and applied.

                 Current logging practices do not appear to threaten natural heritage resources. Logging
                 practices on the adjacent uplands should follow strict BMP's designed to control
                 sedimentation, maintain hydrologic flows, and reduce ersosion. Large tract, clear-cutting or
                 other large-scale land altering activities could influence hydrology and water quality in the
                 area, and should be monitored closely to ensure they provide adequate buffers and standards
                 to protect sensitive resources and water quality.

                 Recreational activities in the watershed include boat and shore fishing, hunting, canoeing,
                 wildlife observation, water skiing, and power boating. The river also plays a role in


                                                                 60






                North Landing River Southern Marshes - Conservation Plan


                interstate commerce and transportation. The waterway is still used for commercial shipping
                today, although its primary use is for recreational boating. Toxic spills related to
                commercial activities are a threat to sensitive wetland resources. Several agencies and
                organizations are working to develop comprehensive strategies for the containment and clean-
                up of spills and the protection of sensitive resources on the river.

                Planners and officials of the City of Virginia Beach are-aware of the environmental
                significance of many of the sites located within the City', and the North Landing River has
                been designated as an "environmentally sensitive area" (City of Virginia Beach, 1991). The
                distinction of being an environmentally sensitive area does not, however, afford the river or
                the immediate surrounding lands any additional protection from development or land use
                alteration. In 1991, the Comprehensive Plan for the City of Virginia Beach called for a
                "Rural Preservation Plan" (City of Virginia Beach, 1991). In addition to several additional
                objectives, the Rural Preservation Plan dictates "Study of the City's southern watersheds that
                considers environmental needs associated with residential and agricultural land use in this
                area, and the development of regulations as appropriate based on the study." It is presumed
                that this study is ongoing.

                Also cited in the Comprehensive Plan for the City is a "Southern Watersheds Management
               ,@Ordinance. " This is cited in the -"Environmental Policies and Objectives" section, page II-D-
                6 (City of Virginia Beach, 1991). This management ordinance sets "standards that include,
                but are not limited to the provision of reserve sewage disposal drainfield sites, minimal
                disturbance of land, the controls for all land disturbing activities over 2500 square feet of
                development within fifty feet of any shoreline or wetland, and the use of best management
                practice facilities for controlling stormwater runoff."

                In November of 1993 a workshop to emphasize the values of the Southern Watersheds was
                hosted by the City of Virginia Beach. This workshop spawned discussions between citizens,
                local conservation groups, City officials, and The Nature Conservancy. This ad hoc group
                has developed a proposal for the preservation of agricultural land within the watersheds.
                More information on this proposal is included in an appendix to this report.

                MANAGEMENT RECOMMENDATIONS:
                The Virginia Department of Conservation and Recreation (DCR) and The Nature
                Conservancy (TNC) are currently. developing resource management plans for lands within the
                North Landing River Preserve System. This planning effort involves as many as 32
                scientific experts, resource managers, and conservation planners, and is partially funded by
                NOAA through a Virginia Coastal Resources Management Program grant. The expected
                completion date for this project is October 1994.

                Fire has played an integral role in the maintenance of these marshes. To preserve the
                biodiversity and health of these communities, fire must be re-introduced on a regular basis.
                Many of the marshes are already being invaded by woody species such as red maple, swamp
                rose, and wax myrtle; and lack of frequent fire in the marshes is a major reason for the
                increase in woody plants. Appropriate fire management will enhance the marshes and rare
                plants found there. Because restoration potential for these areas is quite high, additional


                                                               61






                North Landing River Southern Marshes - Conservation Plan


                rarities may be found with prescribed fire management.

                Prescribed fire and wildfire contingency plans for the North Landin g River will be developed
                by DCR, TNC, and DOF, with assistance from local fire officials. Private landowners
                adjacent to the wetlands play an important role in developing and implementing these plans.
                They help to determine where firebreaks and access points are possible and their cooperation
                is essential in maintaining these features to contain fire within prescribed units.

                Common reed (Rhmgmites australi    s), a potentially aggressive marsh grass, occurs in many of
                these marshes. An inter-agency reed grass control project which evaluates and treats selected
                stands of common reed within the southern watersheds, and particularly along the North
                Landing River, is currently underway. The treatment for this invasive plant involves
                herbicide applications and prescribed fire management. Several tracts within this site are
                being treated as part of a U.S. Environmental Protection Agency (EPA) and U.S. Fish and
                Wildlife Service (USFWS) habitat demonstration project.

                Long-term monitoring is recommended for rare species such as epiphytic sedge, Atlantic
                white cedar, winged seedbox, canebrake rattlesnake, southern bog lemming, and Dismal
                Swamp southeastern shrew. Monitoring will be conducted to track species vigor and
               11:population numbers. Many of these species serve as biological indicators and may help
                detect future changes or impacts to wetland communities. Plant community monitoring
                programs should also be conducted to correlate habitat changes with species fluctuation and
                to ensure the effectiveness of management practices.

                A better understanding of the hydrology of the North Landing River wetland ecosystem is
                imperative for future management decisions. A study of this nature is currently underway at
                the North Landing River Pocosins. See the conservation plan for that site for more details
                on that research project.

                Lands situated between the primary and secondary ecological boundaries are suitable for
                environmentally compatible land-uses. When large scale land disturbing activities are
                planned within the secondary ecological boundaries, DCR Division of Natural Heritage staff
                should be consulted to avoid impacts to natural heritage resources. These activities should be
                carefully planned and implemented so as not to disrupt hydrology within sensitive wetlands,
                and to maintain critical buffers and corridors for wildlife.


                PROTECTION RECOMMENDATIONS:
                This site merits a high level of protection as it supports exemplary estuarine marshes.and
                many rare species. TNC has purchased two tracts within this natural area totalling 1024
                acres. DCR will close soon on the acquisition of a 650 acre tract along the Virginia/North
                Carolina border. All tracts owned by TNCand DCR will be dedicated and managed as part
                of the Virginia Natural Area Preserve System. Landowner contacts and negotiations will
                continue. Natural area registries or landowner agreements are recommended for tracts within
                the secondary ecological boundaries. Impacts from surrounding land uses'should be
                mitigated by encouraging sound soil and water conservation practices and maintaining
                adequate buffers to critical wetlands.


                                                              62






               North Landing River Southern Marshes - Conserva      tion Plan


               Conservation planning boundaries will be incorporated in the city land-use planning and
               development review process. To assist with this effort, conservation planning boundaries are
               being digitized by City of Virignia Beach planning department as part of this project. DCR
               Division of Natural Heritage offers its knowledge and expertise in reviewing project
               proposals.

               RECREATIONAL, SCENIC AND EDUCATIONAL RECOMMENDATIONS:
               In 1988, the General Assembly of Virginia passed a "Scenic River Designation Bill" making
               the North Landing River and Tributaries part of the Virginia Scenic Rivers System (Code of
               Virginia, Chapter 4, Section 10. 1-413.2). This designation recognizes the aesthetic as well
               as the functional values of this remarkably beautiful river. The Virginia Scenic River
               Program began in 1970 with approval by the General Assembly of the Virginia Scenic Rivers
               Act.


               Natural history interpretation and passive recreational opportunities are available on TNC
               land south of Pungo Ferry Road. TNC has constructed an extensive boardwalk and viewing
               platform along the marshes of Blackwater Creek. The North Landing River is fairly slow-
               moving and picturesqqe. Recent recreational planning efforts have identified areas for
               potential river access/canoe put-ins and canoe trails along the entire North Landing River
               (Potter et al. 1994). These river access efforts and proposals are detailed in the final report
               "of the Virginia Department of Conservation and Recreation, North Landing River Watershed
               Public and Visual Asse7ssment. The completion of this report, and its proposals, fit well with
               the City of Virginia Beach's plans to emphasize the southern portion of the city and
               ecotourism.


               INFORMATION NEEDS:
               Additional vertebrate and invertebrate inventories may reveal more rarities at this site.





















                                                           63





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                                                                  SMIEPY LAKE



                    LOCATION:                           Virginia, City of Virginia Beach
                                                                   City of Chesapeake

                                                        U.S.G.S. Quadrangles:               Fentress
                    BIODIVERSITY RANK. B4                                                   Kempsville

                    DIRECTIONS:
                    Stumpy Lake lies at the head of Gum Swamp, north of Elbow Road and west of Indian River
                    Road. Access from Elbow Road which crosses just below the southern dam of Stumpy
                    Lake.


                    GENERAL DESCRIPTION:
                    Stumpy Lake is a water reservoir for the City of Norfolk. This lake is created by a dam at
                    the head of Gum Swamp (which is located at the south/southeastern end of the lake). A golf
                    course has been built on part of the adjacent uplands, but a seasonally-wet forest still persists
                    on the western edge of the lake, south of the golf course. The lake supports a rare animal,
                    and the adjacent uplands support a rare plant and three rare animals. There are also historic
                    ,,records of a very rare millipede and a rare plant from the forest on the west side of the lake.

                    NATURAL HERITAGE RESOURCES: Table of Natural Heritage Resources

                    Scientific                                   Common                              GIS               EO        Fed/St
                    Name                                         Name                                Rank              Rank      Rank


                    plants:
                    Phlox n925a                                  downy phfox                         G5S2              H
                    Tillandsia usneoides                         spanish moss                        G5S2              BC
                    Trillium pusillim virginianum                Virginia least trillium             G3T2S2            EC        C2

                    animals:
                    Crotalus horridus atricaudatus               canebrake rattlesnake               G5T2QS1           U         - LE
                    Pseudopohydesmus paludicolis                 a millipede                         GISI              H         - SSC
                    Anodonta imbecillis                          paper pondshell                     G5S2              U
                    Synaptoml cooperi helaletes                  southern bog lemming                G5T3S3            U         3C
                    Sorex lonLyirostris fisheri                  Dismal Swamp southeastern           G5T2QS2           U         LT LT
                                                            shrew


                    Stumpy Lake is lined by bald cypress (T
                                                                      ixodLum !Listichum) and water tupelo (Nyssa
                    sylvatica). The north end of the lake.is a very eutrophic, mucky shrub swamp which is
                    dominated by Carolina willow, with a dense inat of duckweek and water fern. This area is
                    -heavily used for resting and feeding by Great Egrets, Great Blue Herons, Green-back
                    Herons, Wood ducks and other birds.

                    The forested areas to the west and southwest of the lake are dominated by pines, red maple
                    and black gum. On the edges of the lake and along the wet drainages within the woodland,
                    very large cypress stumps (1-2 meters in diameter) can be found. Scattered along the
                    ecotone, or upland and wetland interface zone, and within the forested uplands, where there


                                                                             155







                Stumpy Lake - Conservation Plan


                is a slightly open canopy, canebrake vegetation is found. These canebrakes are now much
                reduced from their original size. Although they may support a diverse array of vegetation
                such as grasses, shrubs and small trees, the canebrakes are composed primarily of cane
                (Arundinaria g:igaiitia). They are important habitat for rare species such as the Dismal
                Swamp southeastern shrew, the canebrake rattlesnake, and the Southern bog lemming.

                The rarest plant found here is the Virginia least trillium.-,, This tiny, delicate trillium is
                globally rare and is being considered as a candidate for  federal listing under the Endangered
                Species Act of 1993, as amended. This species is generallyfound in loblolly pine and
                hardwood forests on seasonally wet or mesic soils. The tiny three petalled blossoms can be
                seen in spring and the plant is difficult to find when not in blossom.

                Spanish moss is a rare plant found draped over trees in forested swamps and around the
                lakeshore of this site. This plant is more common farther south but reaches the northern
                edge of its range here in Virginia.

                The caneb  rake rattlesnake, found at Stumpy Lake, is listed as state endangered. This snake
                is found in only a small portion of southeastern Virginia. It's numbers here are decreasing
                rapidly due to habitat loss and deliberate molestation and destruction by people. The
                "
               -'canebrake rattlesnake feeds primarily on grey squirrels and cotton-tail rabbits (Savitzky, pers.
                comm.) but spends large amounts of time resting in cypress swamps in or near the water.
                The canebrake rattlesnake spends approximately four to five winter months in underground
                bromation dens. They are live-bearing snakes, but do not mature to reproductive condition
                until approximately 6-7 years of age. These animals are reclusive and non-agressive
                (Savitzky, pers. comm.; Erdle, pers. observation) and their cryptic coloration frequently
                renders them virtually invisible.

                The Dismal Swamp southeastern shrew is found only in southeastern Virginia (in the
                Dismal Swamp and satellite locations in the Southern Watersheds) and in
                northern/northeastern North Carolina. Although these shrews haven't been collected in the
                immediate vicinity of Stumpy Lake, these animals are known from the Gum Swamp Natural
                Area, which is adjacent to Stumpy Lake. Because shrews are fairly mobile and much
                contiguous habitat exists, it can probably be presumed that the Stumpy Lake site supports the
                Dismal Swamp southeastern shrew as well. These tiny mouse-like mammals spend much of
                their time under leaf litter, and under and around decaying logs and stumps. The primary
                food source of the shrew is spiders, earthworms, grubs and other insect larvae. It is believed
                that they bear one to two litters of young per year, but because shrews are small and
                secretive, much biology and natural history of these animals remains unknown. Principle
                threats to the shrew are habitat destruction and loss; and habitat alteration which allows
                interbreeding with the more common upland shrew, the southeastern shrew Qjorex
                longirostris longirostris).

                PRIMARY ECOLOGICAL BOUNDARY:
                Stumpy Lake is north of, and contiguous with another natural area known as Gum Swamp.
                Water flows from the Stumpy Lake spillwayinto Gum Swamp and is a significant water
                input to the Gum Swamp Natural Area as well as the entire North Landing River wetland


                                                               66







                 Stumpy Lake - Conservation Plan


                 ecosystem. The site lies partially within the City of Virginia Beach and the City of
                 Chesapeake, boundaries for this site were drawn for ecological purposes and transcend
                 ownership'and political boundaries.

                 The primary ecological boundary includes known occurrences of natural heritage resources as
                 well as their potential habitats. Much of the primary ecological boundary coincides with
                 Indian River Road and Elbow Road. The lake and many of the associated wetlands are
                 skirted by Indian River Road, and the seasonally flooded forest is actually cut by Elbow
                 Road, and is consequently found adjacent to the hardtop road. On the western side of the
                 site, the boundary zigs and zags to avoid housing developments, the golf course, and
                 agricultural fields.

                 Much of the Stumpy Lake watershed is included within the ecological boundaries. Wetlands
                 at the northern end of the lake and central forested areas are included to help maintain water
                 quality for aquatic'invertebrates such as the paper pondshell mussel. Inclusion of the
                 seasonally flooded forests adjacent to the lake should provide habitat and protection for the
                 rare least trillium, spanish moss and rare animals found there.

                 SECONDARY ECOLOGICAL BOUNDARY:
                 -The secondary ecological boundary includes lands and water intended to mitigate natural and
                 human threats to the elements and their respective habitats. At Stumpy Lake, the secondary
                 ecological boundary coincides with the primary ecological boundary along much of its
                 perimeter. Along the west side of the site, the secondary ecological boundary expands
                 somewhat to provide buffers for rare species from highly developed areas.

                 ONSITE AND OFFSITE CONSIDERATIONS:
                 Surrounding land use in this area is agricultural on the western and southern sides. To the
                 east, northeast and northwest lie heavily populated portions of the City of Virginia Beach. In
                 recent years many local farms have been developed for alternative uses such as residential
                 and tract housing. This type of development, and large tract, land clearing activities may
                 have significant impacts on sensitive natural areas. These activities may influence the
                 hydrologic integrity of the wetlands. Additionally, increased light regimes and changes in
                 soil moisture may occur near the natural areas, allowing colonization by invasive, non-native
                 plant species.

                 Best management practices designed to minimize sedimentation, runoff, and nutrient loadings
                 should also be adhered to in this watershed. The North Landing River was identified in the
                 Nonpoint Source Pollution Watershed Assessment Report as a high priority (111, 95-100%)
                 for pollution impacts from nutrient loadings from agricultural land. The same report
                 assessed the North Landing River as a high priority (111) for overall agricultural pollution,
                 and as a high priority (H2, 90-95%) for urban nutrient load pollution (Wilson, 1993).

                 Pesticide and herbicide use in the watershed should adhere to best management practices
                 designed to minimize impacts to wetlands and wetland resources. Pesticides and herbicides
                 used for lawn, golf course maintenance, forestry, and agricultural pests may inadvertently
                 jeopardize rare invertebrates. Biocides should be carefully chosen and applied by skilled'


                                                             67







                           Stumpy Lake - Conservation Plan


                           applicators. Adequate buffers should be maintained to protect sensitive wetland resources*
                           from harmful chemicals.

                           Planners and officials of the City of Virginia Beach are aware of the environmental
                           significance of many of the souhtern watersheds, and the North Landing. River has been
                           designated as an "environmentally sensitive area" (City of Virginia Beach, 1991). The
                           distinction of being an environmentally sensitive area does not, however, afford the river or
                           the immediate surrounding lands any additional protection from development or land use
                           alteration.


                           Also cited in the Comprehensive Plan for the City is a "Southern Watersheds Management
                           Ordinance." This is cited in the "Environmental Policies and Objectives" section, page II-D-
                           6 (City of Virginia Beach, 1991). This management ordinance sets "standards that include,
                           but are not limited to the provision of reserve sewage disposal drainfield sites, minimal
                           disturbance of land, the controls for all land disturbing. activities over 2500 square feet of
                           development within fifty feet of any shoreline or wetland, and the use of best management
                           practice facilities for controlling stormwater runoff."

                          Jhe preferred alignment for the Virginia Southeastern Expressway follows Elbow Road along
                           the spillway of the lake. A final impact statement is currently being developed for this
                           project which will address primary and secondary impacts to the significant wetlands and
                           natural heritage resources found here. A variety of organizations and agencies are working
                           with the project proponents to address these issues. The final statement should address
                           impacts to natural heritage resources as well as impacts to the entire wetland ecosystem
                           related to maintenance of the hydrologic regime and protection of water quality. The
                           wetlands of Stumpy Lake and Gum Swamp are important sources of freshwater to the river
                           and help maintain the delicate balance between fresh and saline waters in this estuarine
                           ecosystem.


                           MANAGEMENT RECOMMENDATIONS:
                           It is recommended that the Cities of Norfolk and Virginia Beach develop resource
                           management plans for significant natural area within public ownership. The Department of
                           Conservation and Recreation's Division of Natural Heritage offers its expertise in developing
                           management strategies for the rare species and natural.communities found here.

                           Long-term monitoring is recommended for rare species such as the Virginia least trillium,
                           canebrake rattlesnake, and paper pondshell mussel. Additional zoological surveys are
                           reco mmended to determine the status of the downy phlox and rare millipede reported from
                           the area in the 1950s.


                           Prescribed burning is recommended for forested wetlands supporting canebrake vegetation.
                           Fire management will restore habitat for rare species such as silky camellia and reduce heavy
                           fuel loadings within this urban/wildland interface.

                           PROTECTION RECOMMENDATIONS:
                           Natural area dedication is recommended for public lands within the primary ecological


                                                                          68






               Stumpy Lake - Conservation Plan


               boundaries of this site. Much of this land is owned and managed by the City of Norfolk..
               Golf course and natural area management strategies should be coordinated to protect sensitive
               resources while allowing continued recreational activities to occur here. Two small tracts
               located on the north and west sides of the site. are owned by the City of Virginia Beach.
               Natural area dedication is recommended for these parcels also. The remaining lands are
               privately owned and warrant landowner contact through the natural area registry program.

               RECREATIONAL, SCENIC AND EDUCATIONAL RECOMMENDATIONS:
               This site provides trememdous potential for natural area interpretation and passive recreation
               opportunities. Its location within the northern reaches of the watershed, its close proximity
               to highly urbanized areas, and inherent natural features make it an ideal location to launch an
               environmental education and natural history interpretive program for the riverine wetland
               ecosystem.

               Lands owned by the City of Virginia Beach off Lynnhaven Parkway and the City of Norfolk
               bordering Indian River Road provide ready access and passive recreational opportunities.
               The Department of Conservation and Recreation offers its expertise and knowledge in
               developing recreational programs and natural history interpretation programs at this site. A
               Public Access and Visual Assessment Report for the North Landing River was recently
               completed by the Department of Conservation and Rercreation (Potter 1994) and provides
               more detailed recommendations for such a project.

               INFORMATION NEEDS:
               Additional invertebrate inventories are necessary at this site. More comprehensive searches
               for rarities such as the Virginia least trillium and Dismal Swamp southeastern shrew should
               also be conducted. Hydrologic and water quality assessments of these headwater wetlands
               will help us better understand the riverine ecosystem.



















                                                            69





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                LANDOWNER CONTACT PROGRAM -
                THE APES REGION AS A CASE STUDY


                The purpose of the landowner contact program for the City of Virginia Beach natural areas is
                threefold:


                         1-     to inform owners that their land is of high ecological significance;

                         2-     to educate owners about the natural heritage resources, their characteristics, and
                                threats; and

                         3-     to establish relationships, with landowners so that additional contacts and stronger
                                natural area protection strategies may be pursued at a later date.

                Immediately upon completion of this project, the owners of significant natural areas in the City
                of.Virginia Beach will be contacted. Landowners will be contacted for eleven areas in this City.
                These sites will be Gum Swamp, North Landing River Eastern Marshes, North Pocosin, Pungo
                Ferry Pocosin, North Landing River Southenri Marshes, Oakum Swamp, Stumpy Lake, Black
                Gut, Muddy Creek, Nawney Creek, and West Neck Creek. Several hundred land parcels are
               ,.contained within the primary and secondary conservation boundaries for these natural areas. The
                vast majority of tracts within the conservation boundaries for these areas are in pnvate
                ownership.

                The success rate of meeting with landowners after the initial contact letter or telephone call will
                prove critical to the overall success of the landowner contact program. A similar landowner
                contacts program was undertaken by the Department of Conservation and Recreation for the
                APES region. In this project, ninety percent of the landowners visited were interested in
                learning about the natural areas and the species and natural communities they support. A
                majority of these landowners had a genuine interest in learning about the species, and were
                proud that such rarities existed on their property. Several of the landowners expressed an
                interest in strong natural area protection and management such as conservation easements,
                management agreements, and acquisition. Other landowners responded positively to the concept
                of placing.their land on the natural area registry in the future.

                A few landowners were interested in learning about the significance of their property, yet not
                sure about the possibility of future protection for various reasons. For example, one parcel was
                an estate controlled by nine family members and the likelihood"of getting all the owners together
                and to agree to manage the area would be difficult. Another owner, the land manager of
                property under a trust fund, was interested in protection, but the property may not be under their
                management in the next few years. Another parcel was deeded to heirs and the current owner
                was wary of imposing restrictions on the way the heirs might use the land in the future. Two
                of the owners seemed to have an indifferent attitude towards conservation. They listened to all
                of the information presented, but did not comment on it one way or the other.



                                                                 71









                The few landowners who declined a visit from the Department of Conservation and Recreation
                Natural Area Protection Specialist did so for various reasons. One landowner was interested in
                the information, but lived out of state and was concerned about traveling to Virginia to learn
                more. Another owner viewed their property solely as a means of producing income from timber
                production and had no interest in learning anything else about the natural values of their
                property.   The remaining three landowners were quite antagonistic and defensive during
                telephone conversations. They obviously felt threatened      possibly in fear of possible land use
                restrictions due to presence of rare species or concern of being approached by a state agency.

                At the time this report was written, no landowner's in the APES region had placed their property
                on the Virginia Registry of Natural Areas.         However, as mentioned previously, several
                landowners had expressed interest in placing their land on the registry and it was.expected that
                several landowners would do so in the future. During the first personal meeting with a
                landowner, the registry program was not mentioned unless the landowner showed a strong
                conservation interest or requested information on ways they could help conserve the species and
                communities of concern. A few landowners felt pressured when asked if they were interested
                in placing their natural area on the registry. Rather than endanger the possibility of a productive
                relationship with 'a landowner in the future, the issue was not pursued during the first personal
                visit.




































                                                                72











                                  LITERATURE. CITED AND PERTINENT REFERENCES



                 Following is a listing of the resources drawn. upon or cited during    the course of this project.
                 Also included are some general references regarding biodiversity and land protection tools.
                 Additional information regarding conservation planning can be obtained by contacting the
                 Virginia Department of Conservation and Recreation, Division of Natural Heritage.

                 ad hoc Southern Watersheds Committee and The Nature Conservancy. 1994. Virginia Beach
                 Agricultural Reserve Program. City of Virginia Beach. 43 pp.

                 Adams, L. W., and L. E. Dove. 1989. Wildlife Reserves and Corridors in the Urban
                 Environment. National Institute for Urban Wildlife, Columbia, MD. 91 pp.

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                                                                 73









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                Species of Camp Pendleton, Virginia Beach, VA. Natural Heritage Technical Report #90-7.
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                                                              74









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                                                                  77









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                                                 ACKNOWLEDGEMENTS


                This report was funded, in part, by the Virginia Department of Environmental Quality's Coastal
                Resources Management Program, pursuant to grant award number NA270ZO312-01 from the
                National Oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource
                Management, under the Coastal Zone Management Act of 1972, as amended. Additional funds
                were provided by the City of Virginia Beach.

                This project could not have been completed without the assistance of m   *any people. Over the
                course of the project, Pat Jarrell and Faye McKinney of, the Division of Natural Heritage
                contributed to its completion. Others who were instrumental in helping complete this project
                include Dot Arguilles, Ruby Christian, Ron Kuhlman, and Virginia Zaun of the City of Virginia
                Beach, Michael Lipford and Steve Hobbs of The Nature Conservancy, and Laura McKay,
                Shepard Moon, and Jeanne Lewis Smith of the Department of Environmental Quality. We
                appreciate access to the North Landing River and Back Bay provided by the City of Virginia
                Beach, U.S. Fish and Wildlife Service, Virginia Department of Game and Inland Fisheries, and
                The Nature Conservancy. Access was also provided by many private landowners.

                We also wish to thank Janit Potter  a nd Mar), Heinricht for information on public access and
                .visual access, Fred Hazelwood of Seashore State Park and Natural Preserve for work on
                ecotourism promotion, and the ad hoc Southern Watersheds Committee for its work investigating
                the potential for preservation of agricultural lands in the City of Virginia Beach.

                Finally, we thank Clay Bernick, Administrator- of the Environmental Management Center for the
                City of Virginia Beach, other City staff, and the various elected officials who made this effort
                possible.






















                                                              79














                                    APPENDICES

          A. Local Options for.Conserving Natural- Areas.

          B. Open Space Handbook

          C. Landowner Contact Letter

          D., North, Landing River Primer

          E. Landowner Contact Report Form

          F. Landowner Contact Follow-Up Letter

          G  Natural. Area. Registry Brochure

          H. Natural -Area Registry Agreement

          1. Vir 'inia.Beach A'ricultural Reserve -Program
                9            9

          J.. Discover Virginia Beach'Treasures Brochure











                                            80























                                         APPENDICK A


                      LOCAL OPTIONS FOR CONSERVING NATURAL AREAS



                                        by Shepard Moon
                                 Virginia Council on the Environment























                                                              L
                             LOCAL OPTIONS FOR CON15ERVING NATURAL AREAS



                                           Virginia Council on the Environment

                                                    February 19, 1993




                     This report was prepared by staff of the Virginia Council on the Environment (now the
              Virginia Department of Environmental Quality) at the request of the Department of Conservation
              and Recreation. It is a general guide to land management options available to local governments
              in Virginia for conserving natural areas. The report is for use in conjunction with the Division
              of Natural Heritage report, Conservation Planning for the Natural Areas of the City of Virgini
              Beach, which contains detailed information on identified natural areas in the City of Virginia
              Beach. The Natural Heritage report is the final product of a multi-year effort to survey and
              promote protection for important natural areas in the subject localities. The Natural Heritage
              survey was conducted at the request of local officials. The concepts presented here are
              applicable throughout Virginia and can be used for natural area conservation planning in any
              locality of the Commonwealth.

















                     This report was funded, in part, by the Virginia Council on the Environment's Coastal
              Resources Management Program through Grant. #NA170ZO359-01 of the National Oceanic and
              Atmospheric Administration, Office of Ocean and Coastal Resource Management, under the
              Coastal Zone Management Act of 1972, as amended.











                                                  Contents




                                                                                        Page

             1. Introduction

             Il. State and Federal Regulations                                          3

                    State and Federal Laws Protecting Rare Plants and Animals
                    Environmental Impact Review
                    State and Federal Regulation of Significant Areas

             III. Non-regulatory Options                                                6

                    Acquisition
                    Conservation Easements
                    Dedication of Natural Area Preserves
                    Natural Areas Registry and Management Agreements
                    Tax Incentives

             IV. Managing Development                                                   11

                    Comprehensive PI     9
                    Conventional Zoning
                    Fleidble Zoning
                    Transfer, Purchase and Lease of Development Rights

             V. Developing a Natural Area Conservation Program                          16












                          LOCAL OPTIONS FOR CONSERVING NATURAL AREAS




             L Introduction


                    This report describes options available to Virginia localities for conserving
             natural areas identified through a natural heritage resource inventory. Natural
             heritage resources are "the habitat of rare, threatened, or endangered plant and
             animal species, rare or state significant natural communities or geologic sites, and
             similar features of scientific interest" (Virginia Natural Area, Preserves Act, Fuginia
             Code ï¿½10.1-209 et seq.). Natural areas are determined based on an inventory,
             conducted by the Department of Conservation and Recreation% Division of Natural
             Heritage, which systematically identifies natural heritage resources and the land area
             necessary to protect them.

                    Natural areas are increasingly threatened by the cumulative effects of human
             activities which alter the natural environment. Habitat disturbance, fragmentation, or
             destruction is occurring as a result of encroaching urban development as well as
             logging, agriculture, and surface mining. The conservation techniques described in this
             report can be used in various combinations to prevent the loss of important natural
             areas and provide a comprehensive local natural areas protection program.

                    In describing natural area boundaries, staff scientists from the Division of
             Natural Heritage consider a number of factors including;

                      the extent of current and potential habitat for iniportant biological
                    communities,
                    * species migration corridors, and
                    0 buffer requirements to maintain surface and ground water quality and
                    quantity within the site, and exclude or control problem species.

             Using  these guidelines, a preserve design is prepared for each natural area whi&
             generally consists of two zones: a corereserve, and a buffer zone. Each zone has its
             own special planning considerations. In general, the core reserve requires the highest
             level of protection. A buffer zone around the core protects it from outside threats
             and encroachments. This buffer may still be used in a low intensity manner if
             appropriate performance standards are applied. The specific requirements of each








                zone may vary from site to site, based on the characteristics and'needs, of the
                resources found there.


                       The primary goal of a local natural areas program is to conserve natural
                heritage resources. Other benefits of preserving these natural areas include providing
                habitat for other, more common species, as well as providing opportunities for
                recreation, education and research. In order to better integrate natural area
                conservation into the local decision process, complementary goals should be to protect
                these resources in ways that do not impose unfair restrictions on private property, and
                that serve as an asset for local economic and community development efforts.

                       Most efforts to date to conserve natural heritage resources have focused either
                on state and federal regulations or traditional non-regulatory options such as
                acquisition or easements. These most commonly used methods are discussed in the
                next two sections of this report. There is also, however, a growing trend toward
                increased local government involvement in natural area conservation. An enhanced
                local role can fill the gaps where federal and state program are unable to limit
                habitat loss from land development and other activities which fall under the purview
                of local program . Information on the location of natural areas can assist localities in
                planning for community development and implementing local land management
                program- These options for managing development are also discussed later in this
                report.

                       A key principle for a successful local natural areas progiam is to integrate
                natural heritage resource conservation into the planning and land management process
                in a way that considers local circumstances and accommodates community
                development. There is no single approach for natural area conservation that is
                appropri              0                                            rmined by local
                         ate for all I calities. An appropriate program is dete
                conditions such as population density, anticipated growth, the extent and value of
                natural areas, public awareness of the issue, and the general vision the community has
                for its future. Each strategy has advantages and disadvantages in different situations
                and for different localities. Certain local governments will choose to emphasize one
                approach over another. The most effective local prograrn , however, will likely consist
                of a combination of strategies and management techniques. These issues will be
                discussed in the last section entitled "developing a natural areas conservation
                programil.





                                                               2








               IL State and Federal Regulations

                     State and federal mandates play an. important role in conserving natural
               heritage resources. Some, such as state and federal endangered species laws, are
               directed specifically at protecting these resources. Others are focused on managing
               significant lands such as1wetlands, beaches, or Chesapeake Bay Preservation Areas
               which may contain natural heritage resources or be closely tied to the well being of
               these resources. Still others, such as the National Environmental Policy Act and
               Virginia!s Environmental Impact Review Process are designed to identify and manage
               the effects of proposed public facilities, including impacts to natural heritage
               resources. Taken together, these mandates can provide an important component of a
               comprehensive natural area conservation program.



               State and Federal Laws Protectiniz Rare Plants and Animals


                     Virginia!s natural heritage includes a number of species which are listed or
               proposed for inclusion on the state or federal endangered or threatened. species lists.
               Several protection measures are afforded to listed endangered and threatened species
               such as systematic surveys, preparation and implementation of recovery plans, permit
               review, land acquisition and other species conservation actions.

                     Virginia has two laws designed to  rotect endangered species. The Virginia
               Endangered Species Act. (Krginia Code ï¿½29.1-230 et seq.) was gassed in 1972 and is
               administered by the Department of Game and Inland Fisheries. This legislation
               prohibits the taking, transportation, sale, etc. of endangered and threatened animal
               species, except by permit. Virginia!s Endangered Plant and Insect Act (Kioda Code
               ï¿½3.1-1020 et seq.) was passed by the General Assembly in 1979 in order to extend
               protection and management to endangered and threatened species of plants and
               insects. This act is administered by the Department of Agriculture and Consumer
               Services and prohibits the taking or possession of listed species except from a person's
               own land or by permit.

                     The  U.S. Fish and Wildlife Service administers the federal Endangered Species
               Act, which was passed in 1973. The Fish and Wildlife Service's regulations
               promulgated pursuant to this act.prohibit the taking of any endangered species
               including significant modification or degradation of their habitat. Cooperative
               agreements for the implementation and enforcement of provisions of the federal
               Endangered Species Act have been signed by the U.S. Fish and Wildlife Service with


                                                         3








             the Department of Game and Inland Fisheries and the Department of Agriculture and
             Consumer Services.



             Environmental !=act Review

                    Environmental review affords an important opportunity to provide early
             comments on the potential impacts to natural heritage resources from proposed
             federal and state development projects. Projects proposed, funded, or permitted by a
             federal agency may require some level of environmental review under the National
             Environmental Policy Act (NEPA). Under this act, any federal agency proposi g,
             funding, or granting a permit for an activity which could affect a threatened or
             endangered species must consult with the U.S. Fish and Wildlife Service. The rules
             governing the federal environmental impact process require that federal agencies
             contact affected state and local governments in preparing and reviewing federal
             documents. The Council on the Environment is the coordinating agency for the
             Commonwealth of Virginia for federal environmental documents, with the exception of
             road projects.

                    The Commonwealth of Virginia also requires an environmental review of major
             state-funded projects. Ile Virginia Environmental Quality Act (Vug&da Code ï¿½10.1 -
             1200 et seq.) requires that any state agency or institution proposing to construct
             facilities costing more that $100,000 must prepare an environmental impact report and
             submit it to the Council on the Environment. If there is a possibility that natural
             heritage resources will be affected by a state project, the Division of Natural Heritage
             will be asked to comment. The impacts to natural heritage resources must be
             described in the environmental impact report along with measures to avoid or
             minimi e these impacts. Following a review of the project, the Council provides
             comments to the Governor prior to authorization for project funding. Unlike the
             federal NEPA, state legislation does not require state agencies to prepare an
             environmental impact report before issuing permits to private parties.

                    Certain agencies and organizations submit permit applications and project
             notices directly to the Division of Natural Heritage in response to various mandates
             beyond the coordinated review program described above.. These include the Virginia
             Department of Transportation, the Virginia Marine Resources Commission, the State
             Water Control Board, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife
             Service and other permitting and regulatory agencies, along with some private
             concems. Again, the objective of this review is to protect natural heritage resources

                                                       4








                by avoiding or             9 impacts to. the resources. The Division of Natural Heritage
                reviews these proposals and makes recommendations to assist in planning efforts.



                State and Federal Regulation of Siznfflcant Areas


                       State and federal regulations apply to certain classes of               tal1v
                                                                                   environment-,
                significant areas which may contain or be closely linked to natural heritage resources.
                These include wetlands, dunes, beaches, and Chesapeake Bay Preservation Areas.
                These areas provide rich habitats and often have a higher than average likelihood of
                supporting rare species. Although natural heritage conservation may not be the sole
                or primary purpose for protecting these areas, applicable regulations can form an
                important component of a comprehensive local natural areas program.

                       Wetlands, both tidal and non-tidal, have a number of important physical and
                biological functions, including providing important habitat for many rare and
                endangered species. Nationally, almost 35 percent of protected animal species are
                found in wetlands, although wetlands cover only about 5 percent of the nation!s land
                area. In Virginia, over 50 percent of our rare, t   hreatened, or endangered plant
                species are found in wetlands.

                       State  law regulates the use of tidal wetlands in Virginia (Yulginia Code ï¿½28.2-
                1300 et seq.). This law is admini tered cooperatively by local wetlands boards and
                the Virginia Marine Resources COMMiMiOn. A permit from the local wetlands board
                is required prior to starting construction, dredging, or filling a tidal wetland. Permits,.
                are to be issued only if the proposed activity would not violate the intent and
                standards of the law and the benefits of the activity exceed its detriment. One of the
                standards listed in the law is that "wetlands of primary ecological significance shall not
                be altered so that the ecological systems in the wetlands are unreasonably disturbed."

                       Non-tidal wetlands are regulated,under Section 404 of the Clean Water Act
                (1977), administered by the U.S. Amy. Corps of Engineers. The Act prohibits
                disposal of dredged material. or placement of fill material into "waters of the United
                States," which are interpreted by the Environmental Protection Agency to include most
                non-tidal wetlands. Section 401 of the Act gives states the authority to review the
                404 permit applications (as well:as other federal water permits or license requests),
                and to certify accordance with'staiie water quality standards and policies. As a result
                of 1989 Virginia legislation, the state has strengthened its 401 certification program
                through the issuance of a Virginia Water Protection Permit.


                                                              5









                    Beaches and coastal primary sand dunes in Virginia are regulated by Vug&da
              Code ï¿½28.2-1400 et seq. This'law is admini tered in similar fashion to the wetlands
              law and. requires a permit for any dune or beach disturbing activity above the. mean
              high water mark. Beaches below,the mean high water mark are regulated by the
              wetlands law.


                    The Chesapeake Bay Preservation Act (Yulg&da Code ï¿½10.1-2100 et seq.),
              although ena6ted to protect water quality, has provisions which can help conserve
              natural heritage resources. Ile Chesapeake Bay Preservation Area Designation and
              Management Regulations are administered by the Chesapeake Bay Local Assistance
              Department and implemented by local governments in the Tidewater region of
              Virginia. The regulations require local governments to designate tidal and contiguous
              non-tidal wetlands, tidal shores, and at least a 100 foot buffer as Resource Protection
              Areas. Development or alteration of these areas is, in most cases, prohibited.
              Adjacent lands which may affect water quality are designated as Resource
              Management Areas. Land uses in these areas must meet specific water quality
              protection criteria.

                    The regulations that apply to each of these environmentally significant areas
              can be instrumental in protecting natural heritage resources. It is important to
              recognize, however, that these program were not designed solely to conserve natural
              heritage resources. In some cases, the regulations may permit activities which are
              detrimental to these resources. For example, non-tidal wetlands such as bottomland
              hardwood areas may be logged under current regulations, thus severely altering the
              ecosystem. This does not mean that the regulations have no value for habitat
              protection, but rather that it may.be necessary in some cases to use other
              management techniques in addition to the- applicable. regulations.



              III. Non-regulatory Options

-Jp                 The state and federal regulatory program described above may afford
              protection against some of the threats to natural areas. More than likely, however,
              they will not by themselves* provide sufficient conservation measures to fully protect a
              natural area. In order to provide comprehensive natural 'area conservation, other
              protection techniques need to be' used, as well. An integral part of a comprehensive
              natural area conservation program will be effective partnerships among the various
              parties having influence over activities that affect the target resources. Landowners,

                                                        6







                businesses, developers, environmental groups and citizens in general need to be
                included in this partnership along with local and state government. This section
                describes some techniques that can be used for building partnerships to conserve
                natural areas through non-regulatory means.



                Acquisitio

                       Fee simple acquisition is one of the oldest and most direct strategies for
                conserving natural areas. Natural areas can be acquired by the federal, state, or local
                governments, or by private concerns. Funds to acquire these areas can also come
                from some combination of these groups. There are hundreds of natural areas in need
                of protection in Virginia. Because funds are limited and land is expensive, only a
                small percentage of the most biologically important natural areas can be protected
                through outright acquisition by the state and federal governments or by private
                conservation organizations. Still, acquisition can play an important role in local
                natural area conservation and can be particularly effective if local governments,
                businesses, and conservation groups take an active role in acquiring important
                properties.

                       In some cases land acquisition may be the only realistic option for preserving
                significant natural areas. For instance where parcels lie entirely within an important
                natural area, conservation might require a difficult compromise between habitat
                preservation and reasonable use of the land. Where the owner is interested in
                altering land in ways detrimental to the natural heritage resources, some form  of
                .acquisition may be the most appropriate preservation technique. ne property   coul@
                be acquired by the local government, a private environmental group, or a coalition of
                interests including businesses and private citizens.

                       There are a number of options, and combinations of options,   available for
                acquiring'and maintaining important natural areas. The simplest option is for the
                local government to purchase property with either general funds or through a local
                bond issue. This option, of course, requires strong support from local citizens. Local
                government funds can also be used as "seed money" to attract contributions from.
                businesses, citizen groups and private individuals, or to be used as a match for other
                grants. Funds may also be available on a competitive basis from the state or federal
                governments and national conservation organizations. In addition to fee simple
                Turchase of property, these funds could also be used to protect natural heritage
                resources by leasing land. This technique can be a more cost effective use of funds if


                                                           7








               the property owner is interested in such arrangements.

                      Acquisition of important natural areas can provide      a core from which to build
               a more comprehensive open space network. It may also encourage nearby property
               owners to preserve their land through other techniques such as those discussed below.



               Conservation Easements


                      Conservation easements are legally enforceable agreements between a
               landowner and a government agency or conservation organization that place
               restrictions on the present and future use of land. State agencies and local
               governments can hold easements, or property, under the provisions'of the Open Space
               Land Act (Vvginia Code ï¿½ 10.1-1700 et seq.). The Virginia Outdoors Foundation,
               which was created to accept and hold gifts of open space land, also accepts easements
               (Vuginia Code ï¿½ 10.1-1800 et seq.). Non-profit conservation organizations can hold
               conservation easements under the provisions of the Virgini     a Conservation Easement
               Act (Vvg&da Code ï¿½ 10.1-1009 et seq.). An easement can run for a term of years or
               can be a perpetual easement to be observed by the present and future owners of the
               land. Easements are attractive for both the conservation-minded landowner as well as
               the agency or conservation organization. The restrictive terms of the easement are
               entirely negotiable between the parties involved. The present and future landowners
               continue to enjoy many uses of the property while the agency or conservation
               organization achieves their conservation goals for the site. There are also financial
               benefits for the donor of the easement such as a possible reduced assessment         for real
               estate purposes, a charitable deduction for state and federal income tax purposes, and
               reduction of federal estate taxes and Virginia inheritance taxes.



               Dedication of Natural Area Preserves


                      The Virginia Natural Area Preserves Act authorizes the Department of
               Conservation and Recreation to accept the dedication of qualified natural areas into
               the Virginia Natural Area Preserves System. Natural area dedication is the strongest
               form of protection that can be afforded a natural area. It involves recording a legally
               binding agreement which states the conservation purpose       of a property and grants a
               conservation interest to the Department. The terms of a        dedication agreement can be
               similar to those of a conservation easement and should state intentions for the use of
               the property, its management, development, and possible public uses. The dedication

                                                             8







                agreement is recorded with the deed of Ile property and is perpetual. The Natural
                Area Preserves Act allows any private landowner, state agency, or other public body
                (other than federal) to dedicate their lands as natural area preserves. Private
                landowners may dedicate their property as a natural area preserve and still maintain
                ownership and all rights to sell or otherwise transfer title to the property. In addition
                to the satisfaction of preserving important natural resources, the same financial
                benefits offered the donor of a conservation easement are.available to a private
                landowner who dedicates land as a natural area preserve.


                Natural Areas RegisM and Management AgEeements

                      The Virginia Natural Area Presenres Act also authorizes the Department of
                Conservation and Recreation to maintain, a state registry of voluntarily protected
                natural areas. Tle Division of Natural Heritage is initiating a registry. program for
                voluntary conservation of publicly and privately owned natural areas. Natural Area
                registry agreements will be sought on private, state, and federal lands. Participating
                landowners receive a plaque that recognizes the significance of the property and its
                placement on the Department's Natural Area Registry. . In return, the landowner
                offers voluntary protection for their property and agrees to notify the Department of
                Conservation and Recreation of any intent for ownership to change hands, as well as
                the condition of the natural heritage resources on the land. In return for this
                voluntary protection, a landowner receives the personal satisfaction of knowing that
                they have contributed to a statewide natural area conservation @ffort. Landowners
                also receive advice and assistance with site and species management and monitoring,:@
                and other assistance.from the Department of Conservation and Recreation relating to
                natural area conservation.



                      A management agreement is a contract between the landowner of a natural
                area and an agency or conservation organization to achieve specific conservation
                objectives. Management agreements are designed to clearly state the desires of the
                landowner and the conservation group in regard to the conservation intent for the site
                and the duration of the agreement. These agreements can be used to conserve
                natural areas on either publicly or privately owned land. A natural area management
                agreement may be an effective conservation option alone, or may be used in
                conjunction with some other technique such as natural areas registry.


                Tax Incentives


                                                          9








                  Under the "Land Use Assessment Law" (Vuginia Code ï¿½58.1-3230 et seq.) a
            locality may, at its own option, adopt a program of preferential assessment for lands
            devoted to agriculture, horticulture, forestry, and open space uses. In localities which
            adopt this program, real estate which meets qualification standards formulated by the
            State Land Evaluation Advisory Committee is assessed by local officials according to
            its 'use value" as opposed to its fair market value. Such assessments promote the
            conservation of open space by ameliorating pressures which might otherwise forcea
            property's conversion to more intensive use.

                  The Agricultural and Forestal Districts Act (Fuginia Code ï¿½15.1-1506 et seq.)
            allows farm or timberland owners to voluntarily form agricultural or forestal districts.
            These are areas in which landowners declare their intention to maintain their land in
            agricultural or timber harvesting for a period of five to eight years. Although the
            primary goal of this legislation is to preserve the economic production aspects of these
            lands, the act also states that the areas will serve to "conserve and protect agricultural
            and forestal lands as valued.natural and ecological resources which provide essential
            open spaces for clean air sheds, watershed- protection, wildlife habitat, as well as for
            aesthetic purposes." In return for entering into a district agreement, landowners
            receive certain financial incentives and protection from development pressures.
            Landowners in an agricultural or forestal district are automatically eligible for use-
            value assessments for property taxes. Limitations are placed on the expenditure of
            public funds for infrastructure expansion in districts as well as restrictions on the
            acquisition of land through eminent domain. Local governments rezoning parcels next
            to agricultural and forestal districts must also consider the existence of these districts,
            in their decision making.

                  Although agricultural and forestal districts do not prohibit all activities which
            may be detrimental to natural areas, they can help reduce development pressures and
            provide some buffering from development. In this respect, these districts would be
            most valuable when combined with some form of acquisition, such as conservation
            easements, for the most important natural areas within a district.







            IV. Managing Development


                                                 10








                      Non-regulatory protection options, used in combination with state and federal
               regulations, can provide a strong core for a local natural area conservation program.
               But these regulations and agreements, although valuable components, do not by
               themselves represent a comprehensive natural areas program and probably cannot
               protect all of the natural areas in a locality. State and federal regulations will not
               apply to all of the land within most natural areas. Non-regulatory protection options
               are limited by available funds and by the wishes of current landowners. In order to
               supplement these strategies and develop a more extensive system of protected natural
               areas, local governments should use their land management authority to harness the
               development pressures threatening natural areas. Development proposals can then
               actually be used to conserve these areas. To accomplish this objective, a strong
               natural area conservation component in the comprehensive, plan is essential. The plan
               can provide a blueprint for natural area conservation which can be implemented
               through several different flexible zoning techniques. This'section describes these
               planning and land management mechanisms which are available to localities for
               conserving natural areas by managing development.



               Co=rehensive Planning

                      All localities in Virginia are required to adopt a comprehensive plan.
               Comprehensive planning provides a means for anticipating and influencing changes
               occurring within a community. Comprehensive plans include information on existing
               conditions, community goals and objectives, and strategies for attaining the
               community's vision for its future. Conserving natural areas should be an integral pait-
               of this vision.


                      With regard to natural areas, deciding how to best display the occurrence of
               rare species populations is a matter of some debate. A natural areas inventory will
                    ide detailed information on natural area boundaries, as well as a description of
               provi
               the natural heritage resources within the- area and their location and management
               requirements. The debate occurs over how much detail should be given in
               comprehensive plans available to the public. There is some concern that including
               details on species location may invite harm to those species from collectors or by
               landowners wishing to remove what they may see as an obstacle to achieving their
               goals for their property. On the,""other hand, limiting the level of detail to very
               general location information also limits the usefidness of the information for planning
               purposes. Some have argued that very general location information is sufficient and








               that precise location data should be reserved for local staff review of development
               proposals. This strategy has limitations, however, because it does not encourage
               developers to consider sensitive resources as they design developments. Each locality
               must decide how to best balance these risks and opportunities.

                      There is no debate, however, over the value of developing strong
               comprehensive plan goals and objectives for conserving natural areas. The
               comprehensive plan can be a powerful tool for coordinating a comprehensive natural
               area conservation program. A goal is an end towards which community actions are
               aimed. An objective is a measurable activity to be accomplished in pursuit of that
               goal. The final part of the natural area planning process is to develop conservation
               strategies. Strategies are specific proposals for accomplishing an objective. Strategies
               to employ for attaining natural area conservation objectives should include the non-
               regulatory and development management options described in this report. These
               strategies, when added to applicable state and federal regulations, form a well
               balanced and comprehensive natural area conservation program.

                      One planning strategy for natural area conservation is to incorporate natural
               areas into a comprehensive open space plan. Open space planning involves
               identifying open spaces and recommending strategies to conserve these areas through
               various land management techniques. An open space plan may address conservation
               of many important community features, including natural areas, historic sites and
               districts, scenic routes and rivers along with their adjacent "viewsheds", national, state
               or local parks and forests, other environmentally sensitive areas@ such as wetlands and
               steep slopes, groundwater recharge areas, and public reservoir watersheds. In addition
               to their primary purposes, these areas may provide opportunities for recreation and
               education. Open space planning can also,help guide gowth and result in a more
               orderly community.

                      The cultural and recreational value of open space can     be amplified by
               connecting various resources through   a system of geenways. Greenways are linear
               corridors of private and public lands and waters providing access to open space and
               other recreational resources. These corridors can also be used to connect rural open
               spaces with more urbanized areas. Often abandoned rail lines, utility right-of-ways,
               scenic routes, rivers, and stream floodplains are used as geenways. If greenways
               contain a sufficient amount of undisturbed vegetation, they may also add to the
               habitat value of the natural areas they connect by providing a natural corridor
               between them. Habitat corridors among natural areas provide avenues of movement
               for species and help keep populations geneticaUy healthy.


                                                           12









                      To help incorporate the concepts of natural areas, open space, and greenways;
               into the planning process, various natural and cultural resources can be assembled
               into a single data base. Although not a necessity, a computerized geographic
               information system (GIS) can make it easier to manage such a data base. A GIS
               can be useful in land management decisions such as rezoning requests by providing a
               quick reference on the natural resources that will be affected by a particular decision.

                      The combined benefits of open spaces and greenways make it easier to justify
               conservation of significant resources in the face of expanding suburban growth. In
               addition to conserving valued natural and cultural resources, they provide a valuable
               community asset which contributes to a higher quality of life. As a community asset,
               these areas can have the added benefit of enhancing local economic development and
               tourism efforts, To achieve these many benefits, however, the strategies identified in
               the comprehensive plan must be implemented through local land management
               authority such as zoning.



               Conventional Zoning

                      State law enables localities to use their zoning authority to protect open spaces
               (Fuginia Code ï¿½15.1-486), and to provide for the preservation of 'lands of significance
               for the protection of the natural environrnenf' (P"DgLnia Code ï¿½15.1-489). State law
               also cites conservation of natural, resources as one of the matters to be considered in
               drawing and applying zoning ordinances and districts (Fugihia Code ï¿½15.1-490).

                      Conventional zoning can be used for natural area conservation, however, it has
               some limitations. In general, conventional zoning'by itself does not offer the.
               flexibility needed to protect natural areas while allowing reasonable use of private
               property. .. Conventional zoning typically only classifies land uses and regulates
               development density. It does not provide the flexibility to conserve sensitive natural
               areas while allowing appropriate development in other, more suitable portions of a
               tract. Classifying large tracts of land for natural area preservation would require strict
               limits on development and may prohibit most uses of land within that zone.

                      Limiting development to very low densities through large lot zoning also
               presents problems. Although the 'number of dwelling units may be an appropriately
               low intensity for 'protection of the natural area, no actual protection is afforded to
               living resources since they are subject to the will of individual property owners. Large


                                                         13







               lot zoning may actually cause more rapid loss of natural areas because more land i
                                                                                                       is
               required to meet the demand for development



               Flexible Zoning

                      Other more flexible zoning techniques are available for conserving natural
               areas. These include overlay zones, cluster and planned unit development provisions,
               and conditional zoning. These techniques can be used in conjunction with
               conventional zoning and incorporate guidelines for preserving natural areas and open
               space into the development review process. They can encourage sensitive site design
               which conserves natural areas without sacrificing other objectives. Each of these
               techniques can be used to provide more flexibility because they offer an opportunity
               for negotiation regarding site design.

                      Overlay zones are special districts that are placed "on top of' portions of other
               conventional zoning districts. The development standards for the overlay zone are
               then added to the standards of the original zones. Overlay zones can be used to
               outline natural areas or land designated for open space preservation. Within this
               zone, developments can be required to provide a certain percentage of open space or
               meet certain design standards which increase the viability of natural areas. Overlay
               zones can also include provisions for density bonuses for clustering development and
               preserving open space.

                      Cluster development encompasses many techniques that allow moderate to high
               density development in exchange for conservation of open space and natural areas.
               Clustering is an excellent way to preserve open space by               g the amount of
               land needed for development. Development costs are usually lower because fewer
               streets are needed and water and sewer systems can be made more compact. By.
               concentrating development on the most suitable portion of a tract, open space,
               including 'natural areas elsewhere on the tract, can be preserved.

                      A planned unit development, or PUD, is a form of clustering, but is generally
               larger and can include non-residential land uses. Planned unit development
               regulations set an average development density for large tracts and then permit higher
               density and cluster development on selected portions of the tract. ne more intensely
               developed areas are off-set by areas with little or no development. Clustering of both
               residential and non-residential uses can be done within a PUD, thus yielding benefits
               to the developer while conserving open space and natural areas. Many PUD


                                                            14







                regulations appear as floating zones which are not designated on a zoning map. This
                allows more fle.-xibility for the community to reserve judgement on placement of such
                large developments until a request is received.

                       Conditional zoning is a procedure that allows   localities to accept conditions
                proffered (voluntarily offered) by an applicant for a rezoning. Proffered conditions
                are commitments, not required by the zoning ordinance, to limit how the property is
                to be used or to provide facilities to meet the needs of the area being rezoned.
                Under conditional zoning, developers could proffer to leave important natural areas
                undeveloped and assure the protection and management of these areas. Other
                measures to protect natural areas could also be proffered such as stormwater
                management facilities to protect the water quality of sensitive aquatic habitats, or
                water dependent terrestrial species and c;ommunities.

                       Tie purpose of conditional zoning is to   add fle)dbility to the way zoning is
                practiced. It allows applicants to proffer conditions that make the proposed rezoning
                more acceptable to the community. Conditional zoning enabling legislation (Fuginia
                Code ï¿½15.1-491.1 et seq.) requires that proffers must relate to the rezoning and
                conform with the comprehensive plan. Upon approval, conditions become legally
                binding on the property and are enforced by the zoning administrator.



                Transfer, Purchase and Lease of Development Rights

                       Another mechanism which holds promise for the future is the transfer, purchase
                or leasing of development rights. Current state law does not allow the transfer of
                development rights between parcels of land, however a number of efforts have been
                made to promote this legislation. Where such systems have been used in other states,
                owners of designated open space have been assigned development rights according to
                a formula based on the amount of land owned in the area where development is to
                be restricted. Landowners in these designated areas may not develop their land, but
                may transfer, sell or lease the development rights while keeping the land itself. Once
                the development rights are gone, the land may be used only for limited purposes such
                as open space conservation, agriculture or forestry and is"taxed accordingly.

                       The development rights removed from these "sending" properties can then be
                used to increase allowable density@, on other more suitable properties. In some cases,
                the community itself may obtain development rights from property owners in order to
                restrict growth while, at the same time, providing compensation to those property


                                                            15







               owners. Advocates of the use of development rights see them as the most effective
               and equitable way yet devised to conserve open space in areas experiencing rapid
               growth. Although the transfer of development rights alone does not assure habitat
               protection, it can be used in combination with other non-regulatory techniques such as
               easements to conserve natural areas while providing compensation to landowners.



               V. Developing a Natural Areas Conservation Program

                      The various techniques described in this report present a broad spectrum of
               options for local governments to use for conserving natural areas. Beyond addressing
               natural area conservation in the local comprehensive plan, there is no one technique,
               or combination of techniques, that is best for all natural areas or all localities. A
               local strategy must consider a number of variables. This sections describes these
               variables and their relation to conservation strategies.

                      Local governments must adopt strategies for individual natural areas that
               consider the characteristics of each site. An initial step should be to prioritize natural
               areas according to their natural values and risk of loss from development. The
               natural areas inventory provides information on the natural heritage value of each
               area. This information should be combined with details on other natural values such
               as opportunities for passive recreation, water quality maintenance, education, research,
               and linkages to other open space areas. The potential for development is determined
               by factors such as current land use designation and zoning, environmental constraints
               such as steep slopes or wetlands, access, available utilities, and proximity to urban
               growth areas. Natural areas with high natural values and high development potential
               should be given first priority.

                      Once natural areas havebeen prioritized, other factors such as ownership
               patterns and parcel size should be analyzed. It is important to determine the
               attitudes'of the property owner, or owners, with regard to natural area conservation.
               Conservation minded owners may be willing to provide voluntary protection for the
               natural area. If so, representatives from a state agency such as the Department. of
               Conservation and Recreation, or a private organization such as The Nature
               Conservancy may be able to provide technical assistance by working with the
               landowner to assure protection. If the landowner desires compensation for conserving
               the site, he may be interested in ia below-market-value sale, or sale of a conservation
               easement on the property.
                      If owners are less conservation minded, other strategies will be nec essary. An


                                                         16








                important factor in this case is the location of the natural area in relation to
                individual parcels and owners.   If the designated natural area, or portion of the
                natural area, constitutes only a small portion of the parcel in question there may be
                an opportunity to conserve the   natural area while still allowing reasonable use of the
                remainder of the site. This could be accomplished through the flexible zoning
                techniques described above. Iff, however, the natural area constitutes a high
                percentage of the parcel, negotiation through fie,-dble zoning may not be feasible. In
                this case, it may be difficult to conserve the natural area while allowing reasonable
                use of the site. Under these circumstances, the only option for protecting the natural
                area may be acquisition of either the property or a conservation easement at market
                rate.


                       In cases where some form of acquisition, whether at or below market value, is
                the only option available, localities should seek creative solutions for raising the
                necessary funds. Local funds, either from the general budget or from the sale of
                bonds, can be used as seed money to attract other resources. Although scarce, grant
                monies from the state or federal governments or private national conservation
                organizations may be available to provide matching funds. Local fundraising through
                private conservation groups or businesses could also be added into this effort.

                       Whatever strategy is used must be appropriate for local circumstances such as
                projected growth and community attitudes. LA)calities experiencing, or expecting,
                moderate to high growth can harness development pressure to conserve natural areas.
                Flexible zoning techniques can be used in these localities to prOtect natural areas as
                growth occurs. In this way, as land is developed, the more sensitive features of that,,
                land, such as natural areas, are permanently protected. In the. face of rapid growth,
                citizens may also be more willing to commit public and private funds to resource
                protection. Although natural areas in growing communities may be the most
                threatened, these circumstances may offer more opportunities for resource
                conservation.


                       ffighly urbanized areas and rural areas with little projected growth may require
                different strategies. In these cases, it may be difficult to use local land management
                authority to conserve natural areas because little growth is occurring. 11ighly
                urbanized areas may have few remaining natural areas, but because of their scarcity,
                these areas may be highly valued, by citizens. Citizens in rural localities with little
                expected growth, on the other hand, may not be as willing to support conservation
                efforts because natural resources seem abundant and unthreatened. This does not
                mean, however, that actions to conserve natural areas through local land management


                                                            17








              authority are inappropriate for localities that do not expect high growth. On the
              contrary, a natural area conservation strategy which includes comprehensive pl     g
              and flexible land management techniques is appropriate for any locality. This type of
              strategy is simply more likely to be effective in growing localities that have more
              opportunities to use this technique.

                    In conclusion, there are a number of options available for localities to use to
              conserve natural areas. Tle keys to protecting these areas are good information on
              the resources to be preserved, a strong natural area or open space component in the
              comprehensive plan, land i anagement ordinances that provide adequate flexibility,
              and in particular, strong public involvement. and support for natural area conservation.


































                                                        18






















                                                APPENDIX B


                                         OPEN SPACE HANDBOOK



                                                    by the
                               Virginia Tech Communit, Design Assistance Center,
                                                      Y
                                         Virginia Coolwative Extension,
                                       and the Virginia Tech Division of
                    University Outreach and International Programs, Public Service Program Unit























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                                       OPEN SPACE HANDBOOK

                                                              A DECISIONMAKER'S GUIDE FOR VIRGINLA
                                                 Virginia Cooperative Extension 6 Publication 305-771 0 Revised March 1994












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              The Open  Space Handbook was edited by Garnett Mellen with graphics by Chaya Prabu, Ray Series, and Van Anderson. Produced by the Virginia Tech Community Design
              Assistance Center in coordination with the Blacksburg and Montgomery County Planning Commissions, and the New River Valley Planning District Commission. This Handbook
              was prepared through funding provided by the Virginia Environmental Endowment and is being distributed through the Virginia Cooperative Extension,






             CONTENTS



             INTRODUCTION     ................................   3


             WHAT IS OPEN SPACE?    ..........................   5


             OPEN SPACE AND GROWTH       ......................  7


             PLANNING FOR OPEN SPACE      .....................  9


                   Step I COMMUNITY VALUES       ............... I I

                   Step 2 IDENTIFY ISSUES   ...................  15

                   Step 3 PRIORITIES  ........................   17

                   Step 4 INFORMATION GATHERING       .......... 19

                   Step 5 OBJECTIVES    .......................  24

                   Step 6 ACTION STRATEGIES    ................  26

                   Step 7 MAINTENANCE     .....................  42

             CONCLUSION    ..................................    44


             BIBLIOGRAPHY    ................................    46


             DRAWING CREDITS/ ENDNOTES       ..................  49


             APPENDIX   .....................................    50





























   INTRODUCTION






                  This report provides guidelines to those who influence land use              Book of Local Water Resources Management in Virginia". The
                  decisions in Virginia.    Managing Virgi.nia's open spaces is an             description of open space management techniques and tools was
                  opportunity to enhance the future.     This document defines open            adapted from Montgomery CountylTown of Blacksburg Open Space
                  space, its benefits, and planning steps to protect open space. To            Plan.
                  maintain open lands, the process must be a joint effort between
                  private and public groups: citizens, land owners, private
                  organizations, developers, farmers, planners, elected officials, and
                  government agencies.

                  This handbook, which grew out of Montgomery County's effort to
                  protect open space, is the result of a dialogue between Montgomery
                  County citizens and their county officials. When the County in 1991
                  revised its comprehensive plan, which is a general planning document
                  used to set priorities every five years, citizen and local officials
                  planted the seeds, for protecting open space. A grant from the
                  Virginia. Environm@h`tal Endowment (VEE) augmented the project's
                  costs. Copies of the Montgomery County/Town of Blacksburg Open
                  Space.Plan arc available through the New River Valley Planning
                  District Commission. This handbook is available fr o-m your local
                  extension agent or the Virginia Tech Community Design Assistance
                  Center.


                  The Montgomery County planning effort involved many:        the New
                  River Planning District Commission, Montgomery County, the Town
                  of Blacksburg, 4he Virginia Tech Community Design Assistance
                  Center, several classes of Virginia Tech students, the Montgomery
                  County Open Space Citizens' Advisory Committee, the Montgomery
                  County Citizens Environmental Committee, and citizen participants
                  in the Montgomery County Open Space workshops. A Technical
                  Advisory Committee offered their special expertise. Special thanks
                  are extended to Dick Gibbons, Elizabeth Gilboy, Bill Gladden, Paul
                  Hagenmuller, Dave Hirschman, Duane Hyde, Randi Lemmon, Paxton
                  Marshall, Shep Moon, Joe Powers, Will Shepherd, and Steve Via.
                  The section on information gathering was adapted from "The Can Do

                                                                                           4










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                    Open space is a general category of land use. Other examples of                   surrounding our water supplies can help insure safe, clean drinking
                    ,general land use categories are industrial, agricultural, commercial             water. Carefully, planned trails can be developed to keep our children
                    and residential. Within a category there may occur a wide range of                away from busy roads. Farm land can be conserved, and the costs of
                    activities. Just as industrial land use can be as diverse as mines,               urban infrastructure kept low by encouraging clustered building. As
                    quarries, ship yards and pulp mills, open space land use may include              a locality grows and changes, a community's quality of life can be
                    many various activities. Parks, forests, farms, rivers, and beaches are           upheld and strengthened by incorporating protected open space
                    us ually thought of as open space, but other types of places such as              throughout the area's land-use mosaic.
                    wild life habitats, groundwater recharge areas, mountains and ridges,
                    historic sites, scenic roads, trails, and even golf courses are also              The federal and state government, largely due to their social mandate
                    considered open space. The activities that occur in these set   tings are         to protect health, safety and welfare, encourage enhancement of open
                    usually of low impact, but open space should not be looked upon as                lands in appropriate locations.       They participate in open space
                    areas only to be conserved and preserved. They are places to be                   protection by: ownership of forests and park lands; regulating
                    managed and used. The Jefferson and George Washington National                    wetlands, and soil and erosion control; and by offering tax breaks for
                    Forests are examples of open space in our state that are managed for              significant open space lands. Beyond federal and state government,
                    wildlife, hunters, hikers, bikers, and loggers.                                   local jurisdictions can take a prominent toll. Local governments can
                                                                                                      facilitate decisions about what and where open space should be
                    Open space is as diverse as the communities across Virginia, and can              developed.     Municipalities have the power and prerogative to
                    be found In both the countryside and urban areas, as well as in                   designate open space, Just as 'they can plan and create industrial
                    wealthy and low income neighborhoods. It can be enjoyed by all                    parks.
                    ages in many different ways. It is our legacy of the past, the places
                    we value, our favorite swimming hole, the old church and cemetery                 Usually, government actions are directed by citizen initiatives, such
                    up the road, and that beautiful farm on the way to grandma's, A                   as designation of a wild and scenic river, or.ttgistering an old bridge
                    community's sense of identity is directly associated with trees, water,           as a historic landmark. Private interests working with the local
                    grass, flowers, smells, birds, a place to sit, a nice view, an old                government can define what open space means to your city, town, or
                    building, or a running trail.      Open space in Virginia includes                region, and can set the pace for open space development and poli4,
                    Monticello, the Blue Ridge Parkway, the Appalachian Trail, the                    Communities who choose to plan for. open space decide for
                    seascape of Virginia Beach. There are also economic benefits to                   themselves which natural and cultural features within thei       'r. locality
                    many types of open lands; recreation-related business, increased                  are special and how to maintain them. People working together to
                    tourism, protecting natural resources, and steering growth to areas               steward Virginia's open lands can protect our outdoors. A well
                    most efficiently served by local services and utilities.                          thought out open space plan is a bold first step toward preserving
                                                                                                      your communities future landscape.
                    Perhaps of greater urgency than economic benefits or maintaining our
                    scenic landscapes is preserving the basic environmental functions that
                    sustain our health, safety, and welfare.          Forested watersheds


                                                                                                6





























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                 OPEN SPACE AND GROWTH






                   Historically with ample open land, intensive development was                           The. Chesapeake Ba     Iy is an example of a regional watershed that has
                    usually confined to stable soils, flat lands, areas with access to water,             supported- fishing, swimming, boating, supplied drinking water, and
                    and lands not threatened by flooding or other natural hazards.                        added great beauty to Virginia. This water system is now threatened
                    Remote, inaccessible, and environmentally less-suitable lands were                    by intensive land use that has diverted tributaries, interrupted
                    left undeveloped. The post-World War 11 population, transportation,                   wetlands that filter recharge waters, and overloaded streams with
                    and urbanization boom has drawn large areas of the rural landscape                    excess pollution and sediment. Fortunately, the Chesapeake Bay is
                    into the urban sphere. Presently, Virginia is experiencing rapid                      now recognized as an important regional system and special
                    growth and expansion. From 1980 to 1991, the population                               constraints. have been placed upon it. The constraints directly and
                    skyrocketed 17.6 percent compared to the 10.7 percent growth for the                  indirectly protect open space throughout the watershed, both in urban
                    nation. The Commonwealth's growth rate during this period was the                     and rural settings.
                    fourth fastest among the states east of the Mississippi River. Almost
                    95 percent of the total population increase occurred in the 44                        Foresight and planning can help avoid the negative economic
                    localities of the "golden crescent", ranging from Fairfax County in the               consequences that can arise from unmanaged growth. Economic
                    north to Virginia Beach in the southeast. The eastern Virginia                        problems can arise when municipalities are faced with the expense of
                    landscape is especially affected by this growth. As the baby boomers                  providingnew developments with transportation, water, sewer, police,
                    populate Virginia and migration to the region increases, urban sprawl                 and fire protection. For example in 1991, in City of Virginia Beach,
                    is reaching lands best suited for recreation, agriculture, conservation,              a new single family house provided $4,331 of new tax revenue
                    and other open space uses. These vulnerable areas include lands of                    annua  Ily, . but cost. the city $5,334 each year in expanded services, a
                    cultural, natural, and visual significance (historic sites, wetlands, steep           deficit to the city and its taxpayers of over $1000. This type of
                    slopes, prime farm land, scenic landmarks, etc.). These threatened                    deficit can be minimized if developers, planners, and the community
                    areas are part of the fabric of our cities, as well as, our countryside.              all participate in planning how growth is to be managed.
                                                                                                          Establishing designated open space areas can be an effective way to
                    There are many benefits to growth, such as expanded job                               direct urban growth away from lands that are more appropriately
                    opportunities, better community facilities, and more cultural                         employed for low-impact activities, at the same time, promoting
                    attractions.     However, growth can create costly problems.                          growth in areas that are suitable.         Instead of giving up all land
                    Landowners, taxpayers, and employers all suffer when growth creates                   adjacent to primary roads, all areas close to market centers, and our
                    unforseen consequences: excessive erosion, pollution, destruction of                  most beautiful spots, natural splendor and value can be added to our
                    treasured views, loss of productive farmland, and high costs of                       landscape. Development in clustered centers with open space as a
                    expanded public utilities. When little consideration is givefi for                    complementary frame can help ensure a healthy, pleasing
                    where and how development occurs, damage may result, harming                          environment.
                    natural systems, which in turn may affect our health and well being.
                    With rampant development, open space often assumes a structure of
                    remnant patches of the pre-existing landscape that do not adequately
                    represent the original landscape's physical and aesthetic structure.


                                                                                                     8














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     PLANNING FOR OPEN SPACE






                   Panning should be one of the first actions individual citizens,                                                IDENTIFY ISSUES
                   government agencies, and private groups undertake when directing
                   land-use change. A publicly supported planning effort is usually a
                   community-wide conversation about'the      p ast and present to envision
                   the future. It can charter the path for protecting local open space.             MAINTENANCE                                                 PRIORITIES
                   The conversation is most effective when-it is an interactive dialogue
                   between the community and those responsible for land planning.
                   Community values can direct planning and planning can keep citizens                           +           COMMUNITY VALUES
                   informed and aid them in decision making.
                                                                                                   11                                A"A&A
                   Figure 1 shows the cyclical planning-process steps with community
                   values as the central foundation. Often, the process. is initiated when              ACTION             711                                  INFORMATION
                   a problem or issue is identified. A change is sought by redefining                 STRATEGIES                                                 GATHERING
                   local priorities, gathering information about the situation, proposing
                   objectives to answer the problem, choosing appropriate action
                   strategies to guide Ahe process toward tangible results, and defining                                    V*SJWW@
                   anticipate maintenance and administration requirements. A location                                      LOCATION & LAN     .D USE PLAN
                   and land-use t)lan can be an effective euidepost for directiniz chanize
                   in accordance with the objectives of    an open space planning effort.                                           FIGURE ONE
                   Periodically, the planning cycle begins anew as the community's
                   perspective shifts, and institutions and their programs adjust to reflect
                   evolving values. The planning process does not always flow in a
                   clear-cut linear direction; steps may be skipped, repeated, or as is
                   often the case, happen all at once. Be creative about the process, and
                   involve your local planning agencies, politicians, and other resource
                   people. Think about the appropriate time to include outside expertise,
                   and consider what approach is best suited your situation.

                   The sd,@'en planning steps described can guide you and your
                   community through the open space planning process. The boxes
                   located throughout this section are options, examples, and suggestions
                   posed to explain some of the responses that can be expected. At the
                   end of each step under the headings "ASK:", question yourself and
                   your community about the relevant issues for that step.
                                                                                                                                                 AV












                                                                                               10










                                                                                              The intent of community involvement programs is to identify
              STEP 1QQQQf4 Ch CA CA Q CA 4 Q QA CA Q                                          community values. The broader the cross-section of individuals
                                                                                              participating in shaping open space protection, the wider the range of
                                                                                              creative alternatives, and the more the community will view an open
                                                                                              space plin as relevant to their needs. Getting people involved can
              (CoLffAlu= VA=                                                                  help influence the success of a planning effort.

              People generally take pride in the place they live. A community'        s       Co munity involvement can be used throughout the planning
                                                                                                 Im
              unique appreciation of their landscape is a part of their collective            process. The questions at the end of "Step 1" are appropriate to ask
              community values. These values are based on people's perceptions                at each step in the process. Choosing the right approach to involve
              of what they view as important. As depicted in the Planning Process             citizens will assist in obtaining quality information and making good
              Diagram, community values are central to the entire process. Every              decisions. There are many community participation techniques and
              stride and decision needs to reflect a community's consensus of                 different techniques are appropriate in different situations,        The
              which places are special and what activities are most desirable.                following are just a few techniques that can be used to elicit
                                                                                              community involvement.


                                                                                              TECHNIQUES:

                                                                                              An advisory committee can oversee the development of an open
                                                                                              space planning effort.      An advisory comm      'i1ttee can help make
                                                                                              decisions, offer technical skills, and help elicil' support. The group
                                                                                              should include individuals with diverse interests. Some controversy
                                                                                              may arise; but addressing all views early can help to identify issues,
                                                                                              provide direction, and avoid the risk of appearing to ignore the range
                                                                                              of concerns.


                                                                                              Workshops are typically the principal vehicle for community
                                                                                              participation. By having several rounds of workshops throughout the
                                                                                              planning process, you can keep awareness high. Workshops can
                                                                                              serve several purposes: education, development of ideas, collecting
                                                                                              information, reporting results, and demonstrating alternative solutions.
                                                                                              They can be held at different locations in the community in order to
                         COMMUNITY INVOLVEMENT WORKSHOP                                       make it easier for people to attend. The following graphic "Setting







                                           SETTING UP A PUBLIC MEETING                                                    Up aTublic Meeting" suggests creating a comfortable atmosphere for
                                                                                                                          holding a productive meeting.

                                                                                                                          Surveys are       an effective way to get a general overview of your
                                                                                                                          community's values. They also offer an opportunity to alert more
                                                                                                                          people to the open space planning effort. Usually, surveying the
                                                                                                                          entire community is not feasible, but a representative sample can be
                                                                                                                          easily reached by phone, mail, or door-to-door surveys. Questions
                                                                                                                          comparing types of open space can indicate the preferences of the
                                                                                                                          -community.

                                                                                                                          Educational Events are fun and can peak interest. Entertainment,
                                                                                                                          laughter, and enjoying the outdoors can go a long way toward
                                                                                                                          developing an appreciation of open space. Lectures, slide shows,
                                                                                                                          field trips, festivals, and activities for children centered around the
                          Conventional Layout                             Innovative Layout
                                                                                                                          theme of open space can increase awareness.
                             Standard meeting                     Innovative formats create a relaxed,
                             formats create an                    spaciou .s atmosphere, with small                       Listening is a fundamental aspect of any dialogue. It is also a new
                             atmosphere of                        discussion groups of no more than 6-8                   technique used to explore public opinion, encourage consideration of
                             intimidation.                        participants per table. 'I'his setup is                 key issues, and rouse support. Listening empowers those who often
                             Participants are less                less intimidating since it encourages all
                             likely to participate                to participate within smaller, infon-nal                are not given a voice in decision making. When using this technique
                             at large, crowded tables.            groups.                                                 and setting up a one-on-one dialogue, the more personal contact the.
                             Format fosters                       Format fosters group discussion rather                  better. Go to peoples' homes, to their clubs,'their schools. Present
                             domination by an                     than allowing (he domination by any                     the concept of open space without,judgement and ask for people's
                             individual rather than               one individual.                                         ideas. This technique is labor intensive. People must be recruited to
                             allowing for group                   Innovative formats incorporate many                     go out and talk, listen, and record comments.                        Recording and
                             discussion.                          easels and groups of tables, angled                     reporting tabulated results back to the community is an important part
                             Standard formats. do not             toward the presented material, so all
                             allow all participants to            can view the presentation.                              of listening. Ideas should be publicly acknowledged to inform people
                             view presented material.                                                                     of their collective priorities. Listening can be used throughout the
                                                                                                                          entire planning process, but it is especially useful at the beginning of
                                                                                                                          new phases to get direction from citizens. Box I is an example of a
                                                                                                                          Iistening session.




                                                                                                                   12










                                                                                                  Getting input from people from diverse backgrounds rounds out the
                                                BOX I                                             open space picture.      Different age groups, professions, religions,
                           EXAMPLE OF A LISTENING SESSION                                         sexes, and cultural traditions, often have different values and needs.
                                                                                                  Economic condition, ability to move around, and special interests, all
                                                                                                  influence how people perceive the landscape. Documenting people's
                 Fact:                      Open space needs to be defined    by each             opinions, thoughts, and ideas is essential.         Later in the process,
                                            unique community. It can be ... (explain              recorded comments can be used to communicate and understand the
                                            range of types of open space).                        community consensus.
                 Ask & Listen:              What do you think open space in our
                                            community is? How and where would
                                            open space be appropriate? Different
                                            people have different definition of open
                                            space so listen carefully.
                 Record:                    (Participant's ideas)



                 Fact:                      Our community is having problems with
                                            water and air pollution.
                 Ask & Listen:              What should we do?
                 Record:                    (Participant's ideas)



                 Fact:                      Did you know that our drinking water
                                            comes from the river. The watershed
                                            could be managed as open space.
                 Ask & Listen:              What do you think4
                 Record:                    (Participant's ideas)



                 Fact:                      Agricultural     enterprises     play     a
                                            significant role in our community's
                                            economy and rural character.
                 Ask & Listen:              What should we be doing, if anything, to
                                            preserve our farms?
                 Record:                    (Participant's ideas)



                                                                                            13












                ASK:


                       Define your community? What social groups make up
                       the community? How can you reach them?
                       Within the context of a community involvement event,
                       what do you want from the community?
                       Are there existing organizations that can be tapped to
                       help with the community involvement events (students,
                       public agencies, non-profits, etc.)?
                       When is public involvement appropriate and effective?
                       When is it timely to schedule workshops and meetings?
                       What is the time frame for each step and how does
                       community involvement fit?
                       How much financial and personnel effort is available to
                       implement1he program?
                       What. sort 'of activities will get the community excited
                       about participating in decisions about open space?

                       Slides, photographs, and drawings can be invaluable in
                       any presentation - a picture is worth a thousand words.
                       Has your public involvement event been well advertised?
















                                                                                  14






             STEP                                           Jr 008"w4w                                                      BOX 2
                                                                                                       SAMPLE LIST OF OPEN- SPACE ISSUES


             MET= Ha=                                                                                           - jobs
                                                                                                                . litter
             Identifying issues is the beginning of community-wide dialogue to                                  - trails
             protect open space. Understanding local concerns will greatly assist                               - tourism
             anyone who makes decisions that effect land.                Community                              - traffic
             involvement techniques described in "Step 1" can be invaluable for                                 - wildlife
                                                                                                                - wetlands
             identifying issues. Workshops and surveys are especially appropriate                               - flooding
             because they can efficiently elicit reactions from a large percentage                              - pollution
             of the community.                                                                                  - recreation
                                                                                                                - busy roads
             Legal, political, and technical information can be   used to introduce                             - growth areas
             discussions. Government identified issues (such as wetlands and                                    - soil erosion
             publicly-owned lands) and preliminary resource information can be                                  - urban sprawl
             presented as a framework in which the community can begin to work.                                 - water quality
             Ask citizens about perceived problems and opportunities that                                       - public services
             influence open lands. Explore the background and intricacies of                                    - attractive views
             those situations. Real or perceived issues can motivate protection of                              - landowner rights
             open space. For example the perceived'threat of a proposed power                                   . loss of farm land
                                                                                                                - sense of community
             line or highway can motivate Virginians to pass zoning ordinances                                  - mineral extraction
             and to study local rivers for eligibility as wild and scenic. Box, 2                               - endangered species
             gives a sample list of issues that your community may identify as                                  - quiet neighborhoods
             important. There will be many complaints but th      'e goal is to take                            - economic development
             issues and turn them into priorities and solutions.                                                - historic preservation
                                                                                                                - game animal populations
             Befor e open space is understood and appreciated, a great deal of                                  - recreational opportunity
             community discussion and education must occur.             The issues                              - govern ment-ldentified issues
             identified and knowledge gained about local open space need to be                                  - places for children to play
             shared. Take opportunities to explain open space issues through                                    - natural resource management
             radio talk shows, newspaper articles, and news spots on television.









                   Find names and addresses of those responsible for all aspects of               ASK:
                   managing, developing or converting\destroying open space. Call or
                   write them and ask for their opinions. Ask them for legal, political,                   What open spaces do people value? What places do they
                   or resource information.      Ask them to get involved.           Some                  want to see protected?
                   opportunities for presenting open space issues include: public                          Are there secondary priorities that should be considered?
                   hearings, zoning review, board of director's meetings, supervisors'                     What special places does the communi      ty consider sacred?
                   meetings, political campaigns, and updates of your county or town                       Are there outdoor recreational activities that people
                   comprehensive plan (get open space designated in your local plan).                      would like to see promoted?
                   The following.are some of those who may take on responsibility for                      How much, if any, are people wifling to spend?
                   open space: the planning commission, the county board of                                Which natural, cultural, and visual resources would the
                   supervisors, city or town council, lawmakers, private agencies,                         community like to see protected over others?
                   business. organizations, chamber of commerce, civic organizations,                      What concerns do people have about designating areas as
                   special interest groups,  environmental    groups, homeowners,      and                 open space?
                   farmers.                                                                                Does the public perceive a threat to existing open lands?
                                                                                                           What locations are preferred              for high-intensity
                                                                                                           land uses (industrial, commercial, residential)?
                                                                                                           Will an open space plan be a growth management toot
                                                                                                           and\or a way to protect resources?
                                                                                                           What are your specific local environmental problems?
                                                                                                           How do they affect your community's open space?
                                                                                                           Who is responsible for making changes to solve land-use
                                                                                                           problems9 Who manages open space9
                                                                                                           Where are the locations in thi community affected by
                                                                                                           existing or proposed open space?
                                                                                                           Is local government interested in the orderly development
                                                                                                           of open space?
                                                                                                           Can developers, governments and landowners be
                                                                                                           convinced to work together to preserve open areas?
                                                                                                           Identify circumstances that could influence open space.
                                                                                                           When will the issue be coming to a climax? Is there
                                                                                                           opportunity to have ideas about open space presented?

                                           ENDANGERED CRAB




                                                                                             16










                                                                                                to specifically  name places and resources worthy of protecting, and
                                                                                                why they are     significant. Public health, welfare, and safety are
                                                                                                always of foremost importance when setting prioriti      es.

                                                                                                Protecting,and managing land can be approached in different ways
              ]PUE(Duff=                                                                        depending on the acreage of open space in which a community is
                                                                                                interested. A small town may be concerned with the town green,
              "Step 3 - Priorities", further defines open space issues and pulls the            public gardens, and the oldest house in town. A city may want to
              most important to the forefront.        If your community identifies              en@ourage open space building set backs, parks, and the beautification
              farmland as a critical issue, find out if the real priority is the'local          of a river that flows through downtown. The priorities of a county
              farming economy, pastoral views of farmland, or the availability of               or region may include managing larger open space areas, such as:
              fresh produce, or another issue.        These concerns all underline              watersheds, agricultural lands, wildlife migration routes, forest
              preserving farmland, but their approaches would be very different.                management areas, or an historic-regional. tour. The size of the
              Using community involvement techniques, such as workshops, ask                    community and the types of resources protected will determine the
              people                                                                            land area and your planning effort's level of detail.

                                                                                                The amount of land your community is concerned with will also
                                                                                                guide your information gathering. For small areas and site specific
                                                                                                situations, the accuracy of data is critical, while for larger areas
                                                                                                information collected may be more general. The Department of
                                                                                                Conservation and Recreation's Natural Heritage, Program considers
                                                                                                the exact location of endangered species sensit    ive and releases only
                A;                                                        S   I                 the location of species within one minute,blocks (approximately 950
                                                                                                acres). An endangered species is easier to manage within a regional
                                                                                                land planning context (for example a watershed), than a small area.
                                                                                                Site development projects, such as grading and building, may require
                                                                                                more specific habitat details, such as: the exact location of a species,
                                Wliat Open Space Resotorces arc Wonhy of Proleclion'            the type habitat critical to the species' survival, and other relevant
                                                                                                information.
                              WhCFc do People want to see Open Space Resources Protected?





                         BALANCING OPEN SPACE PRIORITIES



                                                                                           17











                                                                                                      ASK:
                                                    BOX 3
                           A LIST OF POSSIBLE PRIORITY RESOURCES                                               Of the issues identified as important in "Step 2", which
                                                                                                               ones do people rank the most important?
                                        CULTURAL RESOURCES:                                                    What specific resources do people value?
                                                 - Archeological Sites                                         Why are the resources valued?
                                                 - Farmland                                                    What is it about those resources that makes them
                                                 -Historic Sites and Districts                                 significant?
                                                 -Parks                                                        Beyond special resources, what places are important?
                                                 -Recreational Areas                                           Where do people want to see open space protected--a
                                                 - Farms                                                       neighborhood, a watershed, a county, a region, the state?
                                                 - Churches
                                                 - Cemeteries                                                  How can open space help protect your community's
                                                                                                               health, safety, and welfare (for example, protecting a
                                        NATURAL RESOURCES:                                                     watershed above a drinking water reservoir would help
                                                 - Coastal Areas and Beaches                                   maintain a clean drinking water supply)?
                                                 -Bird Sanctuaries
                                                 -Forest
                                                 -Lakes and Shores
                                                 - Rivers and Floodways
                                                 -Steep Slopes
                                                 -Watersheds
                                                 . Wetlands
                                                 - Wildlife and Botanical Areas
                                                 - Public Hunting and Fishing Areas
                                                 - Wilderness


                                        VISUAL RESOURCES:
                                                 - Byways and Parkways
                                                 - Greenways
                                                 -Significant Scenic Areas
                                                 - Viewsheds
                                                 -Ridgelines
                                                 -Points of Interests






                                                                                                18










                                                                1W "Mm"WN4
             SUMP
                                                             +                                   Location of Spring on Map                       Mapped location
                                                                                                                                    A clual lucation


             DMIMMAMON GMUEMMG

             There are several phases of data gathering throughout the planning                  ----------    5D
             process. Each successive phase is more detailed than the last. A
             preliminary data gathering effort can be useful when kicking off the
                                                                                                                            MCI
             "Identify Issues Step"    to publicly introduce local open space
             amenities and threats.     In the setting "Priorities Step", specific               Contour Interval. - 20 Feet        Sinall hilh are nm depicted
             detailed information about local resources and growth potential can
             help clarify where to place local priorities.        When evaluating
             proposed open space locations, a data analysis can help guide
             decisions. Even in "Step 7 - Maintenance", gathering information

                                                                                                 z
             about how well open space is' meeting the community's expectations
             can improve the management and administration of open space lands.


             Data-related activities need to be well thought out or the results could            Low Groundwater Pollution
             be costly and misrepresent the resources.          Before starting an               Potentifll on DRASTIC Map  Sinkhules nol registered by"DIUVW'Sysiven
             information gathering effort it is useful to seek professional planning
             help. County, state, and federal planning offices, universities, and
             private firms can offer assistance. Data can be handled in many
             different ways, before delving into data collection and analysis a
             review of several issues fundamental to the use of data will help
             avoid many common pitfalls.
                                                                                                L


             COLLECTING DATA:


             Methods for collecting data include: (1) gathering data from existing
             published and unpublished sources: and (2) making field observations.                            ISSUES OF MAP ACCURACY

                                                                                        19









                  Common wisdom dictates that utilizing existing sources should                     ANALYZING DATA:
                  precede and guide field work in order to minimize the time, costs,
                  and expertise required. Field observations can enhance the quality of             Limitations associated with data amplify as data is used, combined,
                  data collected by checking the accuracy of existing sources and                   and overlaid--the activities that constitute data analysis. For instance,
                  adding more detailed features that these sources may not include.                 if a group is concerned about an endangered plant'.s habitat, they may
                                                                                                    overlay soils information, vegetation types, and land-use data, all with
                  Check with your local planning commission, planning district                      their attendant accuracies.     However, the resulting delineation's
                  commissions, planning departments, extension agents, county                       maximum accuracy would be that of the least accurate data layer.
                  foresters, local agencies, historians, and others with special                    The DRASTIC system of groundwater vulnerability mapping provides
                  knowledge of your area.         They may know further sources of                  ,a good example of how data analysis can dilute the accuracy of
                  published and unpublished information.          Universities and other            original information.     DRASTIC is an acronym: D is depth to
                  research institutions often conduct local studies on many various                 groundwater, R. is (net) recharge, A is aquifer media, S is soil media,
                  resources. Make a few phone calls and check their libraries. In Box               T is topographic (slope), I is impact of the vadose zone, and C is
                  4a and 4b, examples are given of published data and the agency to                 conductivity  (hydraulic) of the aquifer. DRASTIC is a method of
                  contact to obtain the information. Some data are available for a fee
                  while other information are free. Some data are available in digital
                  form to be used in conjunction with a computer data base.                                              "k!                  Composite
                                                                                                                                                   A
                  it is important to realize that however data are gathered, they will not
                  produce an exact description of reality. Collecting data is an activity
                  that aims to simplify the real world. The investigator is selectively                                                     outhem Aspect
                  gathering pieces of information that describe, in an inexact way, what                    -0
                  11really exists". For example, topographic maps represent the contour
                  of the land, but provide only the level of detail afforded by their                                                        Slope < 5%
                  contour interval (the vertical distance represented by the space                                     Q       4'
                  between contour lines).       The US Geologic Service 7.5 minute
                  topographic maps may have inherent error up to 20 feet. In like                                                            Pr me Soils
                  fashion, soils, geology, and other types of information have inherent
                  limitations. Their interpretations are based on limited sampling
                  points and the need to classify an infinite spectrum of types of data                                                      Base Map
                  (e.g., soil, rock) into distinct categories (e.g., Perks soil series,
                  Tuscarora sandstone).        These limitations are not so much
                  commentaries on the quality of data as they are on the expectations
                  of data users.                                                                                      THE OVERLAY PROCESS


                                                                                              20









             mapping potential areas of groundwater contamination.               With
             DRASTIC, seven data categories are overlayed, combined and                                                      BOX 4a
             weighed to produce a final ranking. The resultant mapped categories,                           INFORMATION AND ITS SOURCES
             however, can only be generalized to areas 100 acres or more in size.
             Again, this does not detract from DRASTIC, or any other data                        DATA       AGENCY
             analysis technique, but addresses the need for data user expectations                 Archeology
             to be brought in line with the capabilities of various data tools. The                         - VA Dept of Historic Resources
             applications of data use (e.g., overlay zones) must be coordinated                    Caves
             with data gathering and analysis strategies at the inception of program                        -National Spelcological Society
             design.. Data should be a tool and not the master of the planning                              - VA Cave Board
             process.                                                                              Digital Geographic Data
                                                                                                            - Council on the Environment, Ecomaps
                                                                                                            - Information Support Systems Laboratory
             DOCUMENTING AND MAPPING DATA:                                                         Endangered Species
                                                                                                            - VA Dept of Game and Inland Fisheries
             Once the information is collected it needs to be documented so that                            - VA Dept of Conservation and Recreation, Division of
             others can easily understand it. The information may be written or                             Natural Heritage
             mapped. Presenting the data and analysis clearly will help those in                   Flood    Plain
             the community make good decisions about how they want their                                    - Federal Emergency Management Agency (FEMA)
             community to look.       Place written material and maps in public                             - VA Dept of Conservation and Recreation, Bureau of Flood
             locations, such as libraries and schools, so the community can follow                          Protection                           q.
             the open space planning process. It is important that the community                   Geology
             be kept informed throughout the planning* process.                                             -VA DMME*, Division of Mineral Resources
                                                                                                   Historic Resource
                                                                                                            -VA Dept of Historic Resources
             Albemarle County has recently undertaken an in-depth information                      Karst Topography
             gathering effort. They have consolidated all currently available                               - VA DMME*, Division of Mineral Resources
             information regarding locally significant resources in order to identify              Land Use
             the most important lands to preserve or conserve as open space.                                - Information Support Systems Laboratory*
             Their Open Space Concept Map, drawn as a county resource                              National Wetlands Inventory
             reference map, is intended to serve two functions: to guide decision                           Council on the Environment
             making by identifying significant resources; and to provide a starting                         Information Support Systems Laboratory*
             point for their identification and conservation of "Rural Area"'.                                  Department of Mines Minerals and Energy.
             Albemarle County's documentation is an example of how to compile
             and display gathered data.


                                                                                         21











                                                                                                                COMPUTERS:
                                                        BOX 4b
                                     INFORMATION AND ITS SOURCES                                                In the data collection and analysis phase, computer data base systems
                                                                                                                and geographic information systems (GIS) can be used to organize
                         DATA AGENCY                                                                            and store information. Their potential is far reaching but their
                                                                                                                limitations should also be noted. As computers become more widely
                          Prime Farmland                                                                        used for resource planning, it is crucial for computer users to become
                                     U.S. Soil Conservation Service                                             sensitive to issues of accuracy inherent in source data and in the data
                                     VA Dept of Agricultural and Consumer Service                               manipulation process.         Before investing time and money in a
                                     VA Dept of Conservation and Recreation, Division of Soil                  'cornputer system, make sure you understand the advantages and
                                     and Water Conservation                                                     disadvantages of computer manipulated data.
                          Roads and Byways
                                     Local government planning agencies                                         Investment in computer systems appropriate for open space planning
                                     Virginia Dept of Transportation (VDOT)
                         -Shoreline Feature                                                                     can effectively be coordinated with other local objectives, like
                                  - VA Ins itute of Marine Sciences                                             Emergency-911 implementation, upgrading tax parcel maps, and
                         - Sinkholes                                                                            utility mapping. Use automated mapping or true GIS software that
                                  - VA DMME*                                                                    is available locally. Computers make tasks simpler, but they require
                         - qnil RlIrv
                                     - ev-s                                                                     motivated people, an up-front investment of ten to one hundred
                                     US. Soil Conservation Service                                              thousand dollars, and data acquisition and input (which is the most
                         - State Scenic Rivers and Byways                                                       expensive component of the system). In Virginia several sources of
                                  - VA Dept of Conservation and Recreation                                      data and management guidance are available: Geography Departments
                         - Topography                                                                           of local universities, the Virginia Tech Agricultural Engineering
                                     VA DMME*, Division of Mineral Resources
                                     U.S. Geological Survey                                                     Information Support Systems Lab (IS8L), the Council on the
                         - Utilities (Water, Sewer, Gas)                                                        Environment, local vendors (i.e. engineering firms), and local
                                  - Local government pJanning agencies/Pubbc Works                              planning district commissions.           Coordinate efforts.        Your local
                                  - Local Utility Companies                                                     government or others may already have computer capabilities.
                         - Water Resources
                                     VA Dept of Environmental Quality, Water Regional Offide
                         - Zoning Areas
                                  - Local government planning agencies

                          The Information Support Systems Laboratory is part of the Virginia Tech
                                  Dept of Agricultural Engineering, College of Agriculture.




                                                                                                         22












          ASK:                                                                                                     Z-U- -1L

                                                                                           4
                  What information do you need'?                                           1@
                  How will the data be used?
                  Is there published information available?                              40
                  What field observations need to be made?                               A
                  Who is going to collect the needed information and how
                  much will it cost?                                                       A    4f,
                                                            apped? (Old
                  Who has special knowledge that can be    t,
                  citizens, historians, academic people?)
                  How will the inforniation gathering be documented'!
                  Could local schools, universities or local specialist
                  (historians) be of assistance'?






                                                                                               ,41


                                                                                            .4








                                                                                                       40





                                                                                               44(




                                                                                                                                   +









                                                                                                       federal lands, and college and school grounds)- These lands have
                                                                                                       already been identified as valuable and set asi'de for special uses.
                                                                                                       Proposed open space lands can be added to your existing.open space
                                                                                                       network to fulfill your community's objectives.
                                                                             IV
                                                                                                       When specifying land-use objectives, consider        that open lands can
                                                                                                       supported a variety of activities:      agriculture, recreation, resource
                                                                                                       protection, etc. Think specifically about who and what will occupy
                    Open space objectives usually address location and use of special                  the area. There are different groups that take advantage of various
                    open space lands. Your community may want to preserve a specific                   activities and different open space uses are not always
                    place, such as a a river corridor, or a field on the edge of town. The             complementary.       For example, the smell and noisy machi            nery
                    community may identify certain uses as important: protecting a river               associated with a dairy farm may clash with golfers on a golf course,
                    corridor could ensure a clean drinking water supply, keep                          or tourist at a farm museum.
                    development out of the flood plain, or promote canoeing and fishing.
                    Fields on the edge of town may be set aside for sports fields, to                  Open space objectives are often culminate in a plan that is a
                    preserve agricultural land, or to enhance the locality's primary town              combination of written descriptions and graphic maps representing
                    entrance. In an open space protection effort, clearly defining where               existi ng or proposed open space sites and activities.               When
                    and how open space' will be used is a definitive step that your                    developing plans for your neighborhood, town, or region, realize that
                    community can rally behind.                                                        you are creating a framework to set aside open space over time.
                                                                                                       When explaining open space objectives, through written descriptions
                    Open space objectives should be supported by the ideas generated                   and maps, keep your readers in mind. Use crisp, clear language and
                    through the rest of the planning process. Draw from conclusions of                 graphics as you describe open space goals      ,.:qnd designs.
                    the previously completed planning steps: "Community Values",
                    "Identify Issues", "Priorities", and "Information Gathering". Further              Plans are often outlined in phases, and connections between areas can
                    details can be added to a plan when action strategies and a                        be emphasized. Henrico County in 1989 adopted an open space plan
                    maintenance scheme are determined.            "Action Strategies" and              to their county comprehensive plan. Their plan outlined existing and
                    "Maintenance" are discussed in the following two       planning steps.             proposed open space locations and recreational land use.              Their
                                                                                                       objective was to promote recreation, protect water resources, and
                    To develop location objectives, the land proposed       for dedication   to        encouraging wildlife habitat. They designed a map, of important
                    open space should agree with the factors your community has defined                stream corridors connecting existing open space, that guides long
                    as important. The process of developing data maps described in                     range planning toward meeting their objectives.
                    "Step 4 - Information Gathering", can be invaluable as you identify
                    open spaces worthy of special protection. A good backbone of a
                    location plan is existing open lands (such as parks, town greens,

                                                                                                 24













                                                                             ASK:


                                                                                    What locations are appropriate for open space?
                                                                                    What resources or valued places can guide decisions about
                                                                                    which areas are appropriate for designation?
                                                                                    What activities are valued by the community?
                                             IN                                     Will adjacent land uses be compatible?
                                           IN                                       Are there lands that should be converted to open space?
                                                                                    Are there existing, unprotected open space lands that need to
                                                                                    be maintained?
                    OPENSPACE                                                       How will the information collected be used to identify and
                  CLASSIFICATION                                                    map location of open space?
                  Recreational System                                               Will a location map show existing and/or proposed open
                                                                                    space?
                    0   Existing...                                                 What open space activities has the community identified as
                    N   Proposed                                                    important?
                  Environmental System
                                                  Ile
                        Conservation
                           Area





















                              HENRICO COUNTY
                 PARKS, RECREATION AND OPEN SPACE MAP


                                                                        25


  NINE            ONE             11111 111E 11111 111111 M 111111 11110 M M                                             11110 111E M









                                                                      1W                              Land interests can be referred to as a "bundle of rights". This bundle
                 EMT                                               /                                  usually includes the right to farm, cut timber, build structures, extract
                                                                      U"Aluj +                        minerals, post property, and otherwise develop land. Separation of
                                                                             Af/                      these rights from property is called less-than-fee interest. In a fee-
                                                                                                      simple land acquisition the buyer purchases full title to all land rights.
                 AMON &MOMMM                                                                          This type of purchase provides the owner with the greatest control
                                                                                                      over a site.     One disadvantage of a fee-simple purchase is the
                 An action strategy outlines how to procure open space within your                    expense. Obtaining a: less-than-fee interest is a way of acquiring
                 community.       Often the defined strategies become part of the                     control of the land without paying for the entire "bundle of rights".
                 supporting documents of an open space plan.                                          Uss-than-fee ownership, usually referred to as an easement, is a few
                                                                                                      sticks of a property's "bundle of rights."
                 To understand the various mechanisms used          to acquire and manage
                 property, land interests will be explained. Fee-simple or less-than-fee              AJI land management tools have government sanction and are
                 interests in land may be purchased, donated, leased, or exchanged.                   intended to serve the public's interest. The tools vary in their extent
                                                                                                      of government participation and bite, strength of protection, degree
                                                                                                      of permanence, and cost. Figure 2 is an overview of the tools to be
                                                                                                      discussed. This is by no means a comprehensive list, yet this listing
                                                                                                      provides a lonk at the various planning techniques used in Virpinia
                                                                                                      and some that are not yet acceptable in the State. When choosing
                                                                                                      which tools are most appropriate for your unique situation, consider
                                                                                                      the resources to be protected, the growth pressure in your area, and
                                                                                                      the location and use of open space.             The..,,,'. various open space
                                                                                                      Management strategies cover a spectrum of attributes; some set open
                                                                                                      space as a permanent land use, some protect open lands for a limited
                                                                                                      time period, some protect land with a "handshake", and some
                                                                                                      agreements are legally binding. It is not one particular management
                                                                               R I Cers               tool but a combination of mechanisms that pulls an all-encompassing
                                                                                                      open space planning effort together.
                                                                          ING R                       Strategies will be discussed starting with those that employ the largest
                                                                           PZ                         degree of government involvement, and moving to those that have the
                                                                                                      least government involvement and the highest citizen participation.
                                                                                                      The tools with the most government involvement are grouped under
                               BUNDLE OF PROPERTY RIGHTS                                              the categories of "Government Acquisition", "Regulation", and

                                                                                                26










              "Taxation". The management tools wi         th the least government           TOOLS WITH THE          GREATEST EXTENT OF GOVERNMENT
              involvement are grouped under the categories of "Private Acquisition                                     INVOLVEMENT
              and Conservation", and "Recognition and Non-binding Agreements".
              Several types of private partnerships and -corporations exist which            GOVERNMENT ACQUISITION
              may own property for the protection of open space: land trusts,
              homeowners associations,       and special     purpose     conservation        Local, state, and federal government may acquire land as fee-simple
              organizations, like The Nature Conservancy.                                    interest or less-than-fee easements. There are several avenues for
                                                                                             g9vernment acquisition: purchase, donation, withdrawal from the
              Figure 2 is a matrix of open space tools comparing      their extent of        public domain, exchange and condemnation. Government agencies
              government involvement, strength of protection, degree of                      acquiring open space should consider that the land will be taken out
              permanence, and initial costs. Fee-simple interests and conservation           of the tax base; consequently, the obtained parcel should be of high
              easements are discussed in both sections, "Tools With the Greatest             open space quality and clearly for the community's benefit.
              Extent of Government Involvement" and "Tools with the Least Extent
              of Government Involvement", but have been consolidated as one                  Fee-simple interest is defined as holding all the rights to a piece of
              entry within the matrix.                                                       land. Fee-simple interests may be purchased by public or private
                                                                                             groups or individuals. See the section "Tools with, the Least Extent
                                                                                             of Government Involvement" for a description of how private
                                                                                             individuals or groups may use this too]   'to their advantage. When
                                                                                             government agencies acquire fee-simple interest in property often the
                                                                                             property is set aside as park land. The advantage of fee-simple
                                                                                             ownership for both public and private property owners is that it
                                                                                             allows a large degree of control. The disadvantage is permanent
                                                                                             management responsibility and, if purchased, cost.

                                                                                             Fee-simple interests and lease back involves purchasing or
                                                                                             receiving donated land that is then managed by another party. The
                                                                                             objective of this technique is to buy land and rent it with certain
                                                            4"70,
                                                                                             restrictive measures attached that protect the open quality of the
                                                                                             property. Lease back usually keeps land in the use it was before
                                                                                             government purchasing.. The Blue Ridge Parkway in the 1930's and
                                                                                             4W.s bought land in western Virginia. They often lease the right-of-
                                                                                             way as farmland, with restrictions to ensure that the land be managed
                                                                                             for compatibility with the quality of the parkway.



                                                                                        27










                                                       FIGURE 2
                                              ACTION STRATE GIES
                                                                 @ I               .   w                                  1 0         HIGH
                                                                                       U                                     (D       MEDIUM
                                         1HGII                                                                                                                            z
                                                                                                                                                                   0
                                                                                                                             0        LOW
                               0         MEDIUM                                                                                                                0                             0
                                                                 w          z
                              0          LOW                     >_ 0                                                                                                                        U
                                                                 0                              0                                                              111gh-  Strong-      Una.     111gh.
                                                                                                                                                               L.*w     Weak        Short    1,ow
                                                                                                                                 TOOLS
                                                                 111gh.   Strong-     Long-     1118h-
                                    TOOLS                        Low       Weak       Short     1,ow              Performance Zoning                                      0         G        0
                      Fee simple Interests                       0                     0                          Steep..-Slope Provisions                     0          (D
                      Fee-simple Interests & Lease Back          0                     0        0                 Planned Unit Developments                                         G        0
                      Land Exchange                              0          0                   0                 Subdivision Ordinances                       0                    0        0
                      Transfer of Developr..h.ent Rights         0          0          0                          Setbacks and Buffer Provisions               0                    0        0
                      Conservation Easement                                                                       Water   Resource Regulations                 0                    0        (D
                      Urban Growth Boundaries                    0          0                   Q                 Greenway Corrldor                                                 rp       tj
                      Rlght-to-Farm Laws                         0          0          0        0-                Land-Use Taxation Incentives                                      .0       0
                      Condemnation                               0          0          0                          Agricultural and Forestal Districts                               0        0
                      Comprehensive Plans                        0          (D         (D       0                 Bargain Sales                                0          0         0        0
                      Capital Improvement Program                0          0          0        0                 Purchase of Development Rights               (D         0         0        0
                      Zoning                                     0                                                Remainder Interest                           0          0         V        0
                      Overlay Zoning                             0          E)                                    Deed Restrictions                            0          0         0        0
                      Agrlculhiral Zoning                        0          (2)        0                          VA Scertic Highways and BywRys               0          0                  0
                      Large Lot Zoning                           0          (D                                    VA Scenic Rivers Program                     0          0         0        0
                      Cluster or Density Zoning                  0          0                                     Management Agreements                        0          0         0        0
                      Slldlng Scale Zoning                       0                                                Build Coalitions                             0          0         0        0


                                                                                                         28











                Land exchange is another fee-siniple acquisition tOO1,                  Public
                agencies (and non-profit organizations) may exchange land              that is
                appropiiate for development for high quality open space land. For a
                land exchange to work, property owners must be willing to               accept
                exchange and the properties must be of comparable value.                 Land
                exchanges can also be arranged as a swap of less-than-fee                                  Forest  Management      rea,
                                                                                      interests
                often called transfer of development rights, The U.S. Forest Service
                will use land exchanges to obtain fec-siniple ownership of privately                                                       G1  wti
                held parcels of land within their congressionally-approved boundaries.                                                      N   e
                They will often swap excess land they own these privalcly licid
                properties.                                                                                                                       Rural  Development

                Tra i i s fe rof' Development Rights (TI)Rs) are a relatively recent
                planning device that separate property interests and manipulate thos
                interests, specifically restricting the right to develop land, They are
                designed to protect sensitive areas. In TDR systems, "sending zones"
                                                                                                           reservation  Aica
                are established where development is discouraged, and "receiving
                zones" where high-densily developments ate cncouraged an(]
                accommodated. The state of Maryland has used TI)Rs extensively
                and successfully.


                A conservation easement may be purchased by or donated to a                                  Weiland
                                                                                                                   A  A 04
                government agency. Five state agencies hold conservation casements:
                the Division of Historic Landmarks, the Natural Heritage Program,
                the Department of Game and Inland Fisheries, the Marine Resources
                Commission, and the Virginia Outdoors Foundation (VOF). All, but
                                                                                                                                                                   -ovAh Area
                                                                                                                                                      Regional Gi
                the VOF, hold casements to protect specific resources. The VOF has
                'in encompassing legislative mandate to address preservation of the
                natural, scenic, historic, scientific, and recreational areas of the state.              A
                The VOF holds land casements with a variety of associated resources.
                See Box 6 for two examples of easements held by the state. See
                "Tools with the Least Extent of Government Involvement" for an
                explanation of how land owners and private organizations may use
                conservation casements.                                                                         TRANSFER OF DEVELOPMENT RIGHTS
                                                                                                                                             0










































                                                                                                 29









                                                                                                      Urban Growth Boundaries (UGBs) consist of a perimeter drawn
                                                    BOX 6                                             around an urbanized area, within which urban development is
                           EXAMPLES OF CONSERVATION EASEMENTS                                         strongly encouraged, and outside of which development activities are
                                                                                                      limited.    Within the UGB, urban services and facilities are
                     The following are two examples of conservation easements held by                 provided.Typically the boundaries are designed to accommodate
                     government agencies in Virginia. The 1854 Bayne-Fowler House in                  projected growth for a 10 to 20 year period. Oregon currently has
                     Alexandria is protected by an easement held by the Virginia Division             stringent UGBs that allow localities to prevent almost all
                     of Historic Landmarks. The award winning Piedmont Vineyards,                     development outside the boundaries,             Most Virginia localities
                     located on a 600 acre conservation easement in Middlebury, was                   designate urban-growth districts,         but do not rigidly direct
                     donated to the Virginia Outdoors Foundation in 1976. Easements may               @evelopment. One example of a UGB is            Virginia Beach's "Green
                     also be held by non-governmental organizations. See the description
                     of tools described under the LEAST EXTENT OF GOVERNMENT                          Line," which limits infrastructure and places strong development
                     INVOLVEMENT.                                                                     requirements on the city's southern section. The northern portion of
                                                                                                      the city is designated as a growth area within which all infrastructure
                                                                                                      is provided. Virginia Beach's Green-Line is still in effect, but
                                                                                                      because of political pressure the location of the line has been altered.
                                                                                                      By changing the line and reduced the size of the area to be protected,
                                                                                                      it has been suggested that Virginia Beach has set a precedent that will
                                             I @i                                                     ultimately weaken their use of the I JG B
                                                                                                                                       L L11 U%JJ:) WHUCUPL.

                                                                                                      Right-to-Farm Law are intended to protect and encourage farming.
                                                                                                      These laws or ordinances protect farmers and.ranchers against certain
                                                                                                      legal actions associated with farming impacts, such as odors, noise,
                                                      U                                               flies, dust, and other annoyances.         Forty-seven states including
                                                                                                      Virginia have enacted these laws. Virginia's Right to Farm Act
                                                                                                      prevents established farms from being charged with nuisance suits by
                                                                                                      adjacent landowners. The Act does not completely close the door on
                                                                                                      nuisance suits, but the plaintiff is required to provide evidence of
                                                                                                              er farm operation, or that a farm has changed its operations
                                                                                                      improp
                                                                                                      significantly.

                                                                                                      Condemnation is an acquisition tool used when the government
                                                                                                      employs its power of eminent domain and obtains a desired property.
                                                                                                      Eminent domain is implemented when a property owner is an
                                       PIEDMONT VINEYARDS                                             unwilling seller, or when there is a title discrepancy. Withdrawal

                                                                                                30









               from the public domain to preserve open space is usually done                     Montgomery County, in an update of their comprehensive plan in
               through an act of Congress or the state legislature. Condemnation is              1990, included a statement about protecting open space. The New
               not often used and is usually employed only as a last resort. In 1988             River Planning District Commission, the Montgomery County
               a legislative taking was used to protect the Manassas National                    Planning Commission, and the Blacksburg Planning Commission
               Battlefield in Prince William County from rampant development that                have devel opment of an open space plan for the County that has not
               threatened the historic open site.                                                yet been adopted. Virginia Beach and the counties of Albemarle and
                                                                                                 Fauquier have adopted open space elements in their respective
                                                                                                 comprehensive plans.       Virginia Beach has had many legal and
               REGULATION                                                                        c@mmunity problems implementing their open space plan; Albemarle
                                                                                                 has only recently added an open space provision, and Fauquier has
               Over the last fifteen years land use control and management has                   had tremendous success. implementing their open space protection
               received increasing attention from federal, state and regional                    strategies. The Isle of White County's Comprehensive Plan has a
               authorit'ies as local governments have often failed to aggressively               section that addresses agricultural preservation. Their award winning
               address local land-use problems. While the state has the authority to             comprehensive plan helps to protect the county's open space.
               regulate local land-use practices, for the most part land-use controlis
               delegated to local governments. The following regulatory tools are                Capital Improvements Program (CIP) affect open lands when
               considered a manipulation-of-property-rights that can be used by local            facilities and other public investments (such as roads, sewer, and
               governments. For a locality to employ some of these tools, the State              public water) are built in areas previously undeveloped. A CIP
               must be petitioned to grant enabling legislation. Ask your local                  identifies specific projects, their priority, timing, and financing. A
               government planning staff about the Dillon Rule (the enabling                     CIP plans expenditures for a five year period and is typically revised
               legislation) and if ordinances need to be passed to implement the                 on a yearly basis. If required to be consistent@;with your open space
               following management tools.                                                       plan and/or comprehensive plan, a CIP can b6 beneficial to an open
                                                                                                 space planning effort by looking at all public investments for the
               Comprehensive plans are required for all Virginia cities and counties             future and projecting how they may affect your county's natural,
               and are required to be updated every five years. It is a planning                 cultural, and recreational resources.
               device, rather than a regulatory tool. It officially guides the local
               governing body in developing regulations. In a local comprehensive                Zoning has long been Virginia's regulatory tool of choice as a means
               plan, by outlining the location of open space land, local governments             of preserving open lands. Zoning regulations usually direct the zones
               can be authorized to encourage and support the donation of                        or pockets where types of buildings and land use can be developed.
               conservation easements to qualified organizations or government                   Traditional development zoning is most often applied in more urban
               agencies.    By. defining only high quality open space in your                    areas. Controls such as density, building height, bulk, allowable use,
               comprehensive plan, assures the community that properties that are                etc. are imposed according to zone types which have been adopted at
               best suited for potential development will not be designated open                 either the state.or local level. Box 7 describes the negotiation process
               space.                                                                            that is often used within the context of zoning review.

                                                                                           31




    MMM



                 Overlay zoning can protect a defined resources (such as wetlands,                  Agricultural Zoning is intended to preserve agriculture as a
                 scenic areas, historic districts, or stream corridors). This tool is often         permanent land use.         Agricultural zoning ordinances limit the
                 used in conjunction with existing zoning and lays on top of the                    intrusion of new, non-agricultural uses (usually non-farm buildings)
                 traditional zoning categories (commercial, residential, agricultural,              and requires a large minimum lot size (50-160 acres). The minimum
                 etc). , For example, suppose that upon investigation a wetland is                  lot size is based on the minimum acreage necessary for a productive
                 found to be in a commercial zone. Themetland can be protected                      commercial full-time farm to be viable. Agricultural zoning differs
                 within the commercial zone by overlaying a designated protection                   from large-lot zoning in that agricultural uses are favored and
                 area that provides additional specific regulations that govern the use             encouraged while land consumptive large-lot developments are
                 and development of the critical area within the commercial zone.                   discouraged. Implementing agricultural zoning depends upon farmers
                 This method of zoning, however, cannot be relied upon to                           and other rural residents being supportive. Fauquier County has
                 permanently preserve open space. It is most effective when used in                 85%-15% zoning where 15% of the parcel can be developed while
                 conjunction with other tools, such as conservation easements.                      8501o remains in agricultural or open space use for a period of 25
                                                                                                    years., In this way some development is permitted, but the overriding
                                                                                                    goal of the ordinance is the preservation of farming.

                                                                                                    Large lot zoning limits the size of lots from 1 to 50 acres, within a
                                                  BOX 7                                             specified zone (limiting the density of development). Large lot
                                          PROFFER SYSTEM                                            zonine can helo retain onen snace. but this tool has been criticized for
                                                                                                    ,exclu@ing lower incom@ gro@ps ft'om enjoying the landscape. When
                    In Virginia, local governments often use a "proffer system" In                  large lot zoning is used to maintain open space character, it should
                    light of the fact that they are working under a local-govern mental             be used in conjunction with other tools that provide for permanent
                    system of proposal review in which developers are only required                 protection. Cluster zoning and planned unit,-,@',dbvelopments (PUDs)
                    to meet the "standards" for development. In this proposal review                can answer the problems of large lot zonin      ,g..They can effectively
                    process localities use the "proffer system" In which rezoning                   prov .ide open space which serves recreation and conservation needs,
                    applicants agree to provide certain amenities In their design, such             and enhances the character of a community or neighborhood.
                    as environmental consideration, which exceed the normal zoning
                    ordinance requirements. These legally. binding agreements are not
                    required but add a certain flexibility to local authority's power to            In cluster or density zoning a maximum residential density for an
                    enable certain environmental considerations to be met (Randolph,                area is established. The developer is allowed to alter the lot size for
                    1991). Your local zoning review board may use this "proffer                     each house as long as the set limit is not exceeded. Residential
                    system" process to protect land. Before a zoning review board                   developments can be designed with all homes placed in a small area
                    will use their power to protect open lands, they must be become                 leaving the remainder of the land open to be owned and managed by
                    sensitive to the Issues of open space.                                          the residents. Clustered. developments cost less for both the builder
                                                                                                    and the taxpayer because the amount of infrastructure (streets, water,
                                                                                                    sewer, etc.) and public services (trash, emergency services, school-bus

                                                                                               32









              pick up) required for these developments are less than those required           rural area zone. In 1981, Highland County adopted a sliding scale
              for traditional developments which may sprawl for acres and acres.              approach to single-family homes built in their agriculture zoning
              See the graphic below which demonstrates the results of traditional             district. The purpose of their single-family district is to promote the
              zoning verses cluster zoning. Several Virginia counties and towns               rural, agricultural, forestal, and open space character of the land
              have adopted special cluster ordinances, includ      ing the town of            within the zone. The Highland sliding-scale limits the number of
              Leesburg, and the counties of Clark, Albemarle, Fauquier, Fairfax,              single family units to one on every 14.99 acres, and 11 units are
              and Stafford.                                                                   permitted on tracts of 500 acres.
              Sliding scale zoning is an attempt to protect agricultural land from            P@rforrnance Zoning is designed to evaluate proposed developments
              high density  development by imposing a limit on the number of                  on a project-by-project basis weighing standards established by the
              dwelling units allowed per acre. Clark and Fauquier Counties have               commun  ity. The process involves a detailed analysis of existing
              implemented sliding scale zoning. Fauquier opted for this zoning                conditions, a project evaluation with points assigned, and the approval
              after. exploring cluster zoning, and the county now requires up to              or disapproval of the proposed development. One of the goals of
              85% open space on any tract approved for new development in the                 performance zoning is to not allow development that cost the
                                                                                              community more than it will produce in taxes and income.
                            DEVELOPMENT RESPONDING TO                                         Communities in New York, New Jersey, and Pennsylvania have had
                       TRADITIONAL VERSES CLUSTER ZONING                                      mixed success with performance zoning. Bedford County uses the
                                                                                              Land Use Guidance System (LUGS), which is very similar to
                                                                                              performance zoning in that it relies heavily on -public workshops to
                                                                                              formulate point totals for a proposed development, and has no
                                                                                              previously assigned zoning districts.

                                                                                              Steep-Slope Provisions limit certain building activities on steep
                                                                                              slopes (generally slopes greater than 25%). These provisions are
                                                                                              concerned with construction on steep slopes that may cause severe
                                                                             1.               soil erosion, sedimentation, water pollution, and negative impacts on
                                                                                              views of ridgelines.     Factors such as soil type, geology, and
                                                                                              vegetation are used to determine the amount and intensity of
                                                                        'J
                                                                        4-  0
                                                                                              development that a slope can handle. Some communities have an
                                                                                              outright ban on development of slopes greater than 25%; others limit
                                                                                              the amount of land allowed to be disturbed; and still others restrict
                                                                                              the amount of development based on additional factors such as soil
                      Conventional Development           Chister Development Call             type, geology, and vegetative cover. Albemarle County has a steep-
                     Consumes Many Lots of Land          be Grouped ill the Forest            slope ordinance.


                                                                                        33









                 Planned uni   t developments (PUD) are gaining in popularity in                Setbacks and Buffers Provisions address small areas of open space,
                 Virginia. A PUD is a type of development pre-planned in its entirety           most often within an urban setting. These regulations require a strip
                 with subdivision and zoning controls applied to the project as a whole         of open space to separate two land uses. Setbacks usually require
                 rather than on a lot-by-lot basis as is done with a standard                   structures to be located a specified distance from a resource (for
                 development. These developments do not rely on specific regulations            example all buildings must be at least fifty feet from a stream), or
                 but on negotiations between planners and developers during the                 they may set a variable distance depending on the resource and its
                 project review process. Imaginative design alternatives can evolve             surrounding features (for example setbacks from a stream may be
                 which incorporate mixed land uses, including residential use (homes            based on adjacent slope, soil type, or size of the stream). Buffers
                 and apartments) and commercial use (stores and restaurants). PUDs              differ slightly from setbacks because they imply that sornething
                 usually involve parcels of 100 acres or more.                                  @typicalfy vegetation) must be within the buffer area to physically
                                                                                                screen the resource (for example plants are left uncut within 50 yards
                 Subdivision ordinances can affect open space preservation by                   of a stream to filter a non-point source pollutants). The details of
                 controlling how a development is laid out and what percentage of the           setbacks and buffers (size and distance, etc.) are often addressed in
                 property will remain as open space.         These regulati ons guide           zoning and subdivision ordinances, and in formal documents
                 subdivision design standards, such as lot size, water and sewer                describing design guidelines.
                 service, width and,location of streets, etc. One way to address open
                 space is to require that all new subdivision developments include a            Water resource regulations are generally' concerned with health and
                 certain nProAntnap nf nnen omnoe.-                                             safety and may be enacted within your locality to protect open space.
                                                                                                Septic tank regulations and local wellhead protection programs ensure
                 During the subdivision-proposal review, opportunities exist for                that adequate space is allocated near sensitive sewage and water
                 shaping the design and environmental impact of a development.                  supplies. Local soil erosion and sediment control regulations may be
                 Conditional zoning, such as density bonuses or other benefits, may             passed to support the existing state and Federal laws. Stormwater
                 be negotiated in exchange for greater open space inclusions in the             management standards regulate the quantity and quality of runoff
                 proposal's design. This negotiation has been especially effective in           allowed from development. Stormwater management standards are
                 areas such as Washington State where developers are required by the            optional for small localities and are required for cities with
                 state to furnish an environmental impact statement along with their            populations exceeding 100,000 and large state institutions such as
                 subdivision proposals. Your local planning staff can ask developers            universities. Watershed regulations may be enacted. The Chesapeake
                 to protect environmentally sensitive areas. This is a discretionary            Bay Act made great strides in protecting water resources within that
                 proposal review process, in that it goes beyond merely approving the           watershed and may be used as a model for other areas. The difficulty
                 standard development requirements (Randolph 1991)'. The state                  of enforcement is one of the largest disadvantages of many of these
                 legislature must pass enabling legislation for localities to require           regulations.
                 environmental impact statements with development proposals.




                                                                                          34










                                                                                         Chesapeake Bay      Preservation Act requires that within the
                                                                                         Chesapeake Bay watershed a one hundred foot buffer around all
                                                                                         perennial water bodies, including streams and wetlands, must be
                                                             Foreground                  maintained.    Albemarle County, though not in the defined
                                                                                         Chesapeake Bay watershed, has adopted an ordnance modeled after
                                                             Middleground                the Ch6sapeake Bay Preservation Act.

                                                                                         A Greenway Corridor is a linear section of undeveloped land that
                                                             Background
                                                                                         geherally follows a defined resource, such as a stream corridor,
                                                                                         ridgeline, or an abandoned rail line. Greenway planning attempts to
                                                                                         identify resource corridors and then creates a linkage pattern that
                                                                                         develops a network of interconnecting greenway corridors. A good
                                       Q4                                                example of greenway planning in Virginia is the Laudon
                                                                                         County/Leesburg Greenway. The Metropolitan Richmond Greenways
                                                                                         Project is a multi-jurisdictional effort to protect the James River.
                          I.,J

                                                                                         Another example of an open space stream Corridor project, that is in
                                                                                         its initial planning phase, is the greenway-planning endeavor for Giles
                                           40 ft                                         County. The Visual Assessment Map of the New River is one of the
                                       Cbb                                               data layers that will help guide decisions about the greenw ay.













              VISUAL ASSESSMENT OF NEW RIVER, GILES COUNTV
                  Analyzed as part of the Giles County Green m,ay Corridor Stu4y


                                                                                   35








                   TAXATION                                                                           The, following documents explain special valuation of open space
                                                                                                      property, and how the state may enable counties, cities, and towns to
                   In Virginia, a land owner who makes a commitment to preserve his                   adopt ordinances that allow for tax breaks: Code of Virginia, Manual
                   or her land as open space may be eligible to receive tax deductions                of the State Land Evaluation Advisory Council, Standards for
                   offered by federal, state, and local governments. Federal tax laws                 Classification of Real Estate Devoted to Open Space Use under the
                   allow both corporations and individuals to take deductions on income,              Land-Use Assessment Law, and The Virginia Outdoors Plan, At least
                   estate, and property taxes for property donations (including                       six Virginia counties have employed special open space tax
                   easements) to government agencies or qualified non-profit                          incentives: Albemarle, Chesterfield, Hanover, Henrico, Laudon, and
                   organizations. See the description of conservation easements and fee-              Prince William. The general consensus is that, before adopting a
                   simple interests for a brief explanations of how to qualify for tax                local open space tax assessment ordinance, the criteria for qualified
                   deductions for charitable contributions of property. When donating                 properties should be rigorously defined and'limited.
                   property for the purpose of open space preservation, consult a tax
                   attorney or an accountant.                                                         Designated Agricultural and Forestal Districts (defined by the
                                                                                                      Agricultural and Forestal Districts Act) are an example of land that
                   Land-use tax (special valuation) incentives are available to certain               is assessed and taxed by special valuation. Agricultural and Forestal
                   properties to be taxed according to their current use value rather than            Districts (AFDs) are established to protect the Commonwealth's
                   their highest fair market value. The principle objective of this                   farms and forests. AFDs provide the landowner with certain tax
                   differential assessment is to decrease the tax burden on landowners
                   using the land for agriculture, horticulture, forestry, or op   en space
                   along the rural-urban fringe. Box 8 explains the unique opportunities                                                BOX 8
                   for certain properties to qualify for special-tax valuation. Property                   OPPORTUNITIES FOR CERTAIN PROPERTIES TO
                   taxes in some areas may be reduced up to 70% thereby reducing                                QUALIFY FOR SPECIAL-TAXYALUATION
                   pressures on landowners to sell out under duress to developers or
                   speculators. A rollback tax penalty is often coupled with land-use tax                 There are unique opportunities for certain properties to qualify
                   incentives to increase the strength of the special -valuat ion tax tool                for special-tax valuation. Beyond the properties that are used for
                   and to discourage landowners enrolled in such programs from                            agriculture, horticulture, forestry, and open space'   a parcel may
                   changing their property to more intensive uses. This rollback tax                      qualify for special valuation if adjacent to a scenic river, a scenic
                   generally is based on the difference between the taxes paid and the                    highway, a Virginia Byway, or if Identified in the Virginia
                                                                                                          Outdoors Plan. There must be a property assessment conducted
                   taxes that would have been paid according to the fair market value of                  by a qualified appraiser before land can be given special tax
                   the land for a specified number of past years, plus an interest penalty.               valuation. There are standards defined by federal and state
                   Currently, fifty-three localities in Virginia have established land-use                taxation agencies that guide appraisers In Identifying open space.
                   tax ordinances (which allow creation of Open Space, Agricultural or
                   Forestal Districts),



                                                                                                36










             benefits and places restrictions on local public utilities and local            Bargain Sales are a type of sale of fee-simple interest in which the
             governments.     The restrictions on government actions include                 owner sells property for less than its fair market value.        If the
             requirements that the locality consider the existence of an AFD                 organization buying the property is tax-exempt, the owner may be
             whenever administrative and planning decisions are made concerning              able to take a tax deduction for the difference between the actual sale
             parcels adjacent to an AFD.       Districts may only be initiated by            price and the fair market value.       The tax deduction may help
             landowners, but must be approved by the locality. In Virginia, this             compensate for the lost lower sales price.
             method has proven to be weak in permanently preserving open space
             because the landowner agrees to only temporarily limit development              Conservation Easements is a less-than fee simple interest used to
             on their property (usually for a four to ten year period).                      prl@tect open space by dividing and manipulating the property rights
                                                                                             in some way to protect the open quality of the land. Conservation
                                                                                             easements may be bought, sold, given or, received by government
               TOOLS WITH THE LEAST EXTENT OF GOVERNMENT                                     agencies or by private organizations. (For a description of how
                                       INVOLVEMENT                                           government agencies may use this tool see "conservation easements"
                                                                                             under "Tools with the Greatest Extent of Government Involvement".
             PRIVATE ACQUISITION AND CONSERVATION
                                                                                                                               Conservation
             Private groups and citizens may sell or purchase land, receive                                                    Easement
             property donations, and obtain easements. The degree of protection
             and permanence of privately acquired open space lands depends in
             part on the conditions placed on the acquired property.
                                                                                                                                     Buildi
             Fee-simple interest have been introduced in "Tools with the Greatest
                                                                                                                                     Envelope
             Extent of Government Involvement", but because land transfers may
             be initiated by private land owners or private organizations this tools
             is also addressed here. A property owner who donates property to a
             government agency or a qualified non-profit organization may receive
             a deduction on their income tax. Fee-simple donations may also be
             presented as a bequest made in a will. Gifts of property to tax-
             exempt organizations can reduce estate taxes. Arrangements should
             be made ahead of time. Less-than-fee interests in property in the                        I
             form of easements may be donated in a similar manner.                                        f


                                                                                                            CONSERVATION EASEMENT


                                                                                       37










                   Non-profits who meet the IRS.criteria, have had an office in Virginia              Purchase of development rights (PDR) is a relatively new tool. The
                   for five years, and which provide public access to their lands may                 purchase of conservation easements is sometimes referred to as a
                   hold easements. (The public access may be either physical or visual                PDR, but PDRs involve purchasing just the development rights
                   access.) When private organizations receive donated easements, the                 associated with a property, while conservation easements can be used
                   tax advantages are structured in the same way as if a government                   to purchase development rights, mining rights, grazing rights, or a
                   agencies were receiving the donation. Conservation easements are                   whole host of other rights tied to the ownership of property. PDRs
                   one of the most permanent privately-orchestrated land protection                   are generally employed by a willing-seller, who wishes to retain
                   tools.                                                                             ownership and control of the property and at the same time wishes
                                                                                                      to "cash in" on the principal value of the property-its development
                   Open  space easements set permanent restrictions on special land                   value. PDRs are typically used to preserve significant agricultural or
                   resources within a property's deed. These restrictions stay with the               natural/cuItural resource areas. See the figure demonstrating a PDR's
                   parcel of land regardless of the owner. To promote open space                      exchange.
                   easements, also referred to as conservation and scenic easements,
                   several Virginia laws have been passed. 'the Virginia Conservation
                   Easement Act allows a public body or charitable organization to
                   acquire a property easment. The Open Space Land Act ties open
                   space easements to. the plans of local governments. This act states
                   that "use of the real property fnr nni-.n cnnri-. land shall conform to the
                                        r r .1 - -11-.. _r___ .-                                      - .           -
                   official, comprehensive plan for the area in which the property is
                   located." The IRS cod   e and the Code of Virginia set guidelines that                                               BOX 9
                   ensure that easement gifts: are of high quality, are for the scenic                                            LAND TRUSTS
                   enjoyment of the general public, are held in perpetuity, and comply
                   with the local comprehensive plan. The state legislature created the                  A special note needs to be made about         land trusts. They are
                   Virginia Outdoors Foundation to hold property easements with special                  private, tax-exempt organizations dedicated to land conservation,
                   open space qualities. Any citizen who wishes to donate an easement                    generally through land planning, land acquisition and
                   should make sure that their local comprehensive plan has a section                    conservation easement acquisition. Und trust may use a variety
                   addressing open space because, if their is no open space plan and the                 of the tools described in this document, easements being
                   property owner's land is not locally-designated as open space, 6en                    implemented most often. To qualify as a land trust which may
                   they cannot take advantage of the IRS deduction for open space                        hold easements In Virginia, a non-profit must have had an office
                                                                                                         In Virginia for at least five years. The following national and state
                   easement.    Federal and local governmental agencies may hold                         land trusts are eligible to hold easements In Virginia: the Nature
                   easements but they rarely choose to do so. Non-profits which meet                     Conservancy, the National Trust for Historic Preservation, the
                   the IRS criteria and provide public access to their lands may also                    Chesapeake Bay Foundation, the Potomac Appalachian Trail
                   may hold easements.       Like the government agencies, they hold                     Club, and the Waterford Foundation, Inc.
                   easements for a variety of reasons.


                                                                                                38









              A remainder i    .nterest is a another type of less-than-fee interest. To              requirements for designated properties and no assurance that the open
              protect open space, a remainder interest can be donated to a private                   space quality of the land will be maintained. Below are a few
              conservation group. This legal property-title transfer includes a                      examples of Recognition and Non-binding Agreement programs that
              provision that gives the owner, or specified persons, the right to live                aland owner can voluntarily implement.
              on the property or to use it during their lifetime.             Income tax
              deductions are also possible with this arrangement. The owner of                       -       Adopt-A-Highway
              Falls Ridge Preserve in Montgomery County gave The Nature                              -       Agricultural and Forestal Districts
              Conservancy 640 acres and set up a remainder interest on an life                       -       Bicentennial Farm
              estate of his home. At the owner's death the Nature Conservancy                        -       National Register of Historic Places
              took on the management of his home and the six-acre remainder                          -       Soil Conservation Service Earth Teams
              interest.                                                                              -       Virginia Landmark Register
                                                                                                             Virginia Natural Areas Registry
              Deed restrictions can be placed on property by a land owner and
              become the sole protection mechanism once the property title is
              transferred.   Theoretically, deed restrictions are one of the most
              binding forms of protection, but are hard to enforce. Legally little
              short of government condemnation will extinguish a deed's reversion
              clause that protects open space.



              RECOGNITION AND NON-BINDING AGREEMENTS


              Virginia has several programs that encourage local communities and
              citizens to steward their lands. Each landowner who preserves open
              space acts voluntarily to restrain certain activities on their land for a
              specific period. The restraints are agreed upon in an implementation
              action taken by a local governing body, state, or federal agenc@-
              Some examples show: only a local government can establish an
              agricultural and forestal district; the General Assembly acts, usually
              with the concurrence of local, government, to establish a scenic river;                                                            APR
              and, depending upon the situation, a local government., a state agency,
              or a federal agency must accept a scenic easement granted in
              perpetuity by a private land owner (Marshall,          1990)3 . The major
              limitation of these protection methods is that there are few                                               BICENTENNIAL FARM

                                                                                              39








                  The Virginia Scenic Highways and Byways Program is a citizens                        The-Virginia Scenic Rivers Program was passed by the Scenic
                  initialed designation. In 1966 the Virginia General Assembly passed                  Rivers Act in 1910. This Act authorized the establishment of a
                  the Scenic Highway and Virginia Byway Act authorizing the                            Scenic-river system to protect rivers that possess natural or pastoral
                  Commonwealth Transportation Bo        'ard to designate certain outstanding          beauty. The designation provides certain protection for these rivers
                  roads as Virginia Byways or Scenic Highways. Virginia Byways are                     and gives riparian (river front) landowners and other local citizens
                  defined as existing roads with relatively significant aesthetic and                  greater voice in any government actions that might adversely affect
                  cultural values, leading to or lying within an area of historical,                   their river.   The State has so far designated 17 river segments
                  natural, or recreational significance. A Virginia Byway designation                  totalling 346 miles.
                  does not place any restrictions or regulations upon land within a
                  Byway corridor. The State obtains no land-use controls, implied or                   *@4anagement agreements can also be set up between government
                  othenvise, through the process of designating state roads as Virginia                entries and major landowners. Such an agreement may be negotiated
                  Byways. Maintenance and operating procedures of the Department                       between a timber company and a local government to cooperate and
                  of Transportation remain unchanged.                                                  manage lands for recreation access to certain of the property owner's
                                                                                                       lands. The Nature Conservancy, Potomac Appalachian Trail Club,
                                                                                                       the Department of Forestry, the Division of Natural Heritage, and the
                                                                                                       Commissions of Game and Inland Fisheries all use management
                                                                                                       agreements in Virginia to assist in the management of resourc         es on
                                                                                                       cnprinl nrivnti- nrnnerties


                                              ,Z FU
                                                            N                                          Build coalitions by communicating and bring together individuals
                                                                                                       and groups who are dedicated to open space and the various aspects
                                                                                                       of open space. Form new groups where no           -h`6 exist. Remember to
                                                      IT                                               communicate with others who have similar'interests. Regional








                                                                                                 40










             groups can help address open space issues that go beyond political            ASK:
             boundaries. Rivers are a good example of an open space resource
             that may can involve the effort of more than a town, county or even                   How much government involvement is needed to establish
             a state. There is incredible strength in numbers. The Friends of the                  open space?
             Staunton River, the National Committee of the New River, and the                      Will land be managed as open space permanently or
             Friends of the Rivers of Virginia, are a few of the Virginia                          temporarily?
             organizations making great strides to work to protect open space that                 09-land owners wish to retain ownership or transfer all
             encompasses many jurisdictions.                                                       or part of their interests.
                                                                                                   Is compensation or tax deductions for gifts of land desired
                                                                                                   by landowners?
                                                                                                   Who will take responsibility for promoting and managing
                                                                                                   open lands?
                                                                                                   Is there a local private group or individual who can
                                                                                                   acquire land to protect open space?
                                                                                                   Will money be spent to acquire open space lands?
                                                                                                   Where will the money come from?
                                                                                                   How w   'itl the cost be paid?
                                                                                                   Does a long-range open space plan make sense or are
                                                                                                   there threats.that require immediate- attention?
                                                                                                   Are private landowners wilting to volunteer open space
                                                                                                   easements?






















                                                                                      41













                                                                                                                                            BOX 10
                                                                    +                                                          OPEN-SPACE MANAGERS


                                                                                                                                 GOVERNMENT OPTIONS
                                                                                                             Local-
                                                                                                                       - County
                   The open space eligible for tax deductions are limited to lands that                                -City
                   a community has indicated a willingness to care for. Open space                           State:    - Town
                   maintenance and administration are important considerations for                                     -Department of Game and Inland Fisheries
                   assuring that your community will have a healthy, safe, beautiful                                   - Department of Forestry
                   landscape. Designating open space is not enough; there needs to be                                  - Department of Conservation and Recreation
                   a land management plan. Management means people-power and                                 Federal:
                   usually money to ensure open space that adds to the quality of an                                   -National Park Service and National Forest Service
                   area. The list in Box. 10 are government options and private options                                -U.S. Fish and Wildlife Service
                   of organizations wh6 can take responsibility. Consider who can most                                 -U.S. Army Corp of Engineers
                   adequately protect open space resources before choosing a responsible                               - Tennessee Valley Authority
                   organization.                                                                                                     PRIVATE OPTIONS
                                                                                                             Private   non-prorit:
                                                                                                                        Appalachian Trail Conference
                                                                                                                        Land trust
                                                                                                                        Nature Conservancy
                                                                                                             Private   citizens/organizations:
                                                                                                                       - Garden club
                                                                                                                       -Ruritans
                                                                                                                        Lions
                                                                                                                        Little League Associations
                                                                                                                        Homeowners associations
                                                                                                                        Landowner stewardship
                                                                              ;=Z-                           Monitoring of environmental quality:
                                                                                                                        Septic tank monitoring
                                                                                                                        Stream monitoring
                                                                                                                        Wildlife biodiversity indices



                                                                                                    42












                  ASK-

                         What are the advantages and disadvantages to having
                         different groups manage open space land?
                         Where will the money and the labor come from to police,
                         clean, and care for your open space network?
                         Has your management plan outlined how to limit use to
                         only appropriate activities. (ie., limited building)?
                         Will there be periodic evaluations of the effectiveness of
                         your maintenance program?


























                                                                                     43



























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                                 4F
                                   414





                                                                                                      ...........





                                                AL







            CONCL (ITSION
            F If         I


            '.7777777-







              The Comm      'onwealth of Virginia is a magnificent state with                 RESOURCE AGENCIES:
              mountains, piedmont, miles of coastline, and attractive urban centers.
              Our open lands, if carefully managed, can continue to enhance our               These organizations all contributed technical assistance to maldng
              enchantingly diverse landscape. Open space provides recreational                this publication possible.
              opportunities, protects resources, directs growth, and can encourage
              economic development. With your help, Virginia and her open space                        Council on the Environment
              can grow and expand with dignity and grace.                                              202 North Ninth Street, Suite 900
                                                                                                       Richmond, Virginia 23219
              The open space planning process, which can protect both sites of                         804/786-4500
              cultural significance and the great outdoors, is driven by the efforts
              of concerned citizens.   Most of the initiative for protecting open                      The Nature Conservancy
              space comes from the local level. It is important for communities to                     1815 North Lynn
              decide how they want to approach local and regional open space                           Arlington, Virginia 22209
              planning. Time and patience are necessary to follow the process                          703/841-5300
              through its various twists and turns to find the best avenue for each
              particular community.                                                                    Virginia. Department of Conservation and Recreation
                                                                                                       203 Governors Street
              Localities initiating this process should get people involved, and think                 Richmond, Virginia 23219
              about their local situation and their current open space issues.                         804/786-1712
              Consider what resources your community values? What are your
              community's goals and what growth are you experiencing? Where                            Virginia Outdoors Foundation
              could open space be located and what activities will happen there?                       203 Governors Street, Suite 302
              What management tools are citizens and local government officials                        Richmond, Va 23219
              likely to embrace? Consider a management plan and who will take                          804/786-5539
              responsibility for open space to ensure that the maintenance and
              administration is structured and orderly. Where will the money come                      New River Valley Planning District Commission
              from to pay for expenses? Documenting the open space planning                            P.O. Box'3726
              process will give you ideas to fall back on. Draw a diagram of the                       Radford, Virginia 24143
              process and plug in your local situation. Flow charts can be fun and                     703/639-9313
              will inform others about the status of the project, Remember to
              spend time enjoying your open space!                                                     Virginia Tech Community Design Assistance Center
                                                                                                       108 Dietrick HaR
                                                                                                       Blacksburg, Virginia 24061
                                                                                                       703/231/5644


                                                                                         45













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            BIBLIOGRAPHY
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                   A Critical Evaluation of Selected Shoreline                                   Land: Issues and Problems, 'Framework for
                   Management Tools, October 1988, Beatiey, Dotson,                              Protecting Open Space", No. 72, February 1990,
                   Water, and Gladden, Institute for Environmental                               Hagenmuller, Virginia Cooperative Extension,
                   Negotiations University of Virginia                                           Virginia Polytechnic Institute and State University

                   Acquisition of Park Land through      the Dedication                          Riverwork Book, 1988, U.S. Department. of the
                   Process, No. 305-771, March 1978, McAlister, and                              Interior, National Park Service, Mid-Atlantic
                   Issel,  Virginia. Extension Service,          Virginia                        Regional Office, Division of Park and Resource
                   Polytechnic Institute and State University.                                   Planning

                   Land: Issues and Problems, "State Land-Use                                    Saving America's Countryside     A - Guide to Rural
                   Planning', No. 10, September 1975, Leynes,                                    Conservation, 1989, Stokes, Watson, Keller, and
                   Virginia    Cooperative      Extension,      Virginia                         Keller, Johns Hopkins University Press
                   Polytechnic Instituteand State University
                                                                                                 Source Book for Local            Water Resources
                   Land: Issues and Problems,   'Use-Value Taxation in                           Management; 77he Can Do Book of Local Water
                   Virginia, No. 62, August 1982-February @.1983,,                               Resources Management In Virginia', Hirschman,
                   Knapp and Johnson, Virginia Cooperative Extension,                            Randolph and' Flynn, May         1992, College of
                   Virginia Polytechnic Institute and State University                           Architecture and Urban Studies

                   Land: Issues and Problems, 'Open Space Land-Use                               7he Earth Team, February 1988, pamp416    ,t. published
                   Tax Linked to the Virginia Outdoors Plan', No. 70,                            by the United States Department of Agriculture Soil
                   December 1989, Gibbson, Virginia Cooperative                                  Conservation Service
                   Extension, Virginia Polytechnic Institute and State
                   University                                                                    The Landowner's Options For Natural Heritage
                                                                                                 Protection: A Guide to Voluntary Protection of Land
                   L,and: Issues and Problems, "Standards Applicable                             in North Carolina, 1985, Roe, North Carolina
                   to Real Estate in the Open Space Class", No. 71,                              Natural Heritage Program, N.C. Department of
                   January 1900, Steger, Virginia Cooperative                                    Natural Resources and Community Development,
                   Extension, Virginia Polytechnic Institute and State                           Division of Parks and Recreation
                   .University




                                                                                    47








                     Virginia 1992 Facts and Figures, ComrRonwealth of
                     Virginia, Governor's Office, Department of
                     Economic Development

                     Virginia's Heritage: A Property owner's Guide to
                     Resource Protection, 1988, Snyderman, Stokes, and
                     Watson, Department of Conservation and Historic
                     Resources


                     Virginia Outdoors Foundation: Encouraging the
                     Preservation of Open Space, Virginia Outdoors
                     Foundation


                     Vision and Choice:      Protecting Our Historic
                     Resources, October 1990, Department of Historic
                     Resources



























                                                                                48







            DRA WING CREDITS                                                            ENDNOTES


            Setting up a Public Meeting adapted from the Riverwork Book page            I       County of Albemarle, Dept. of Planning and Community
            33. See the Bibliography for reference.                                     Development, Charlottesville, VA, Phone: 804/296-5823

            Issues of Map Accuracy adapted from the Can Do Book of Water
            Resources Management in Virginia page 15. See the Bibliography              2.      Randolph, John, 199 1. "Land Use and the      Environment",
            for reference.                                                              Virginia Tech.


            Visual Assessment of New River, Giles County adapted from
            Ecological Considerations in Land Use Planning, prepared for Dr.            3.      Marshall, Paxton, February 1990.      Virginia Cooperative
            Will Shepherd as part of a Landscape Architecture graduate studio,          Extension Service Publication 72#, Land; lssues and Problems, "The
            Virginia Tech, December 1992.                                               Framework for Protecting Open Space".

            Open Space Plan for Hendco County, Virginia adapted from The
            Parks, Recreation and Open Space Plan: Update 2000, adopted by
            the Enrico County Board of Supervisors, September 14, 1988.

            Development Responding to Cluster Verses Conventional Zoning
            adapted from Dealing with Change in the Connecticut River Valley:
            A Design Manualfor Conservation and Development, page 42 and
            43, prepared by the Massachusetts Department of Environmental
            Management and the Center for Rural Massachusetts, published by
            the Lincoln Institute of Land Policy and the Environmental Law
            Foundation, 1989.

            Piedmont Vineyards adapted from Virginia's Heritage page 9. See
            the Bibliography for reference.





                                                                                  49











                                                                                              Hampton Roads                                                            Piedmont
                     APPENDIX                                                                 723 Woodlake Drive                                                       102 1/2 High Street
                                                                                              Chesapeake. VA 23320                                                     Farmville. VA 23901
                                                                                              804-420-8300                                                             804-392-6104
                     For further assistance in your region, contact                           Mr. Arthur L. Collins, Executive Director                                Mr. Jack E. Houghton, Executive Director
                     your local Planning District Commission:
                                                                                              Lcnowlsco                                                                Radco
                                                                                              Post Office Box 388                                                      Post Office Box 863
                     Accomack-Northampton                                                     Duffield, VA 24244                                                       512 Lafayette Boulevard
                     Post Office Box 417                                                      703-431-2206                                                             Fredericksburg, VA 22401
                     Accomac, VA 23301                                                        Mr. Ronald Flanary,    Executive Director                                703-373-2890
                     804-787-2936                                                                                                                                      Mr. Stephen H. Manster, Executive Director
                     Mr. Paul Berge, Exccufive Director                                       Lord Fairfax
                                                                                              103 East Sixth Street                                                    Rappabannock-Rapidan
                     Central Shenandoah                                                       Front Royal, VA 22630                                                    211 Waters Place
                     Post Office Box 1950                                                     703-636-8800                                                             Culpeper, VA 22701
                     633 Norih Coalter Street                                                 Mr. 'nomas J. Christoffel, Executive Director                            703-829-7450
                     Staunton, VA 24401                                                                                                                                Mr. Richard B. Strocmple, Executive Director
                     703-885-5174                                                             Middle Peninsula
                     Mr. William Sirider, Executive. Director                                 Post Office Box 286                                                      Richmond Regional
                                                                                              Saluda, VA -23149                                                        2104 West Labumum, Suite 101
                     Central Virginia                                                         804-758-2311                                                             Richmond, VA 23227
                     915 Main Strect, Suite 302                                               Mr. Dan Kavanaugh, Executive Director                                    804-358-3684
                     Lynchburg, VA 24505                                                                                                                               Dr. James R. Hassinger, Executive Director
                     804-845-3491                                                             Mount Rogers
                     Mr. Dennis E. Gragg, Executive Director                                  1021 Terrace Drive                                                       Soutbslde
                                                                                              Marion, VA 24354                                                         Post Office Box ISO
                     Crater                                                                   703-783-5 103                                                            123 South Mecklenburg Ave.pue
                     Post Office Box 1806                                                     Mr. Thomas Taylor, Executive Director                                    South Hill, VA 23970
                     1964 Wakefield Street                                                                                                                             804-447-7101
                     Petersburg, VA 23803                                                     New River Valley                                                         Ms. Joyce French, Executive Director
                     804-861-1666                                                             1612 Wadsworth Street
                     Mr. Dennis K. Morris, Executive Director                                 Radford, VA 24141                                                        Thomas Jefferson
                                                                                              703-639-9313                                                             413 East Market Street, Suite 102
                     Cumberland Plateau                                                       Mr. David.Rundgren, Executive Director                                   Charlottesville, VA 22901
                     Post Office Box 548                                                                                                                               804-972-1720
                     Lebanon, VA 24266                                                        Northern Neck                                                            Ms. Nancy O'Brien, Executive Director
                     703-889-1778                                                             Post Office Drawer H
                     Mr. Andrew Chafin, Executive Director                                    Callao, VA 22435                                                         West Piedmont
                                                                                              804-529-7400                                                             Post Office Box 1191
                     Fiftb                                                                    Ms. Joyce Brad ford-Fin negan, Executive Director                        One Starling Avenue
                     Post Office Box 2569                                                                                                                              Martinsville, VA 24112
                     145 West Campbell Avenue                                                 Northern Virginia                                                        703-638-3987
                     Roanoke, VA 24010                                                        7535 Little River Turnpike, Suite 100                                    Mr. Robert W. Dowd, Executive Director
                     703-343-4417                                                             Annandale, VA 22003
                     Mr. Wayne Strickland, Executive Director                                 703-642-0700
                                                                                              Mr. Mark Gibb, Executive Director


                                                                                                                           50



















            University Outreach and International Programs
            Public Service Programs

                                        Virginia
                                               W Tech
                                               QW VIRGINIA POLYTECHNIC INSTITUTE
                                                    AND STATE UNIVERSITY

            Patrick R. Liverpool                                                                                  ...........
            Vice-Provost
            University Outreach & Internatio
                                          nal Programs

            I Douglas McAlister
            Executive Director Public Service Programs
            Elizabeth T. Gilboy                                                                                         11144 lorru
                                                                                                    ri
            Acting Director
            Community Design Assistance Center



            For more information, please write to:

            Community Design Assistance Center
            108 Dietrick Hall
            Blacksburg, VA 24061-0450
            703/231-5644






                                     APPENDIX C

                                LANDOWNER CONTACT LETTER












          February 3, 1994

          Mr. Dennis Jones
          P*O* Box 333
          Virginia Beach, VA 23456

          Dear Mr. Jones:

          The Virginia Department of Conservation and Recreation is dedicated
          to identifying and conserving Virginia's natural heritage-
          resources. As a representative of this division, I would like to
          talk with you regarding the significance of your property in the
          City of Virginia Beach.

          According to courthouse records, you own land which represents one
          of the most significant natural. areas in Virginia. This natural
          area contains some of the finest freshwater marshes in Virginia.
          Few pristine marshes of thsi type occur in Virginia and many people
          are unaware of the importance of these marshes. It is very likely
          that these ponds may support several plant and animal species
          associated with this type of habitat.

          As a landowner, you play an important role in the future condition
          of these seasona-1 ponds and the unique species they may support.
          Your stewardship of the property has allowed these natural
          resources to exist here for years. Private lands stewardship by
          individuals, such as yourself, is crucial to the conservation of
          Virginia's natural heritage and for the enjoyment of future
          generations.

          I @ would like to meet with you for  a few minutes to discuss the
          importance of these marshes and the species they may support. I
          will contact you by telephone in the near future to set a meeting
          time and date to fit your schedule.

          Thank you for your time. I look forward to meeting you. If you
          have any questions, do not hesitate to call me at (804) 786-9112.

          sincerely,



         'Melissa Donoff
          Land Protection Assistant


            



                                       APPENDIX D

                                 NORTH LANDING RIVER PRIMER





















                                          NORTH LANDING ]RIVER WATERSHED



                General Overview

                The North    Landing River Watershed embraces a variety of natural resource values. Local
                fishermen and seafood restaurants value the river for the fish, crabs, and eels it supports;
                farmers may use the wetlands as an irrigation source; sportsmen value the watershed as a place
                to hunt and fish; and ecologists rank this watershed as one of the most biologically diverse
                regions of Virginia. Many people appreciate this riverine system for these specific attributes.
                However, the watershed is also valued by many people in a general sense: it provides an area
                for recreational activities such as boating, watCTSIciing, and birdwatching. In addition, the river
                is a place for people to relax and enjoy nature.

                Several agencies consider this river a priority for the conservation of natural resources. More
                than 7,000 acres within the North Landing River Watershed are owned by local, state, and
                federal agencies, primarily for the purpose of providing refuge for rare species, waterfowl, and
                natural environments. The Nature Conservancy and the Department of Conservation and
                Recreation own and manage the majority of these protected lands. Additionally, land is owned
                'by the City of Virginia Beach and the U.S. Army Corp of Engineers.

                The North Landing River Watershed provides important habitat for breeding and migrating
                waterfowl. The North American Waterfowl Management Plan through the Atlantic Coast Joint
                Venture (covering an area from Maine to South Carolina) has identified these wetlands as a top
                priority for protection. A local interest group initiated the legislative process for protecting and
                recognizing the river as a natural, scenic, historical, and recreational resource of statewide
                significance. This led to the designation of the North Landing River and its tributaries as part
                of Virginia's Scenic Rivers Systems in 1989. The area is also included in a local Scenic
                Waterways System by the Cities of Virginia Beach and Chesapeake.

                Virginia's Southern Watersheds include the Northwest River, the North Landing River, and Back
                Bay in southern Virginia Beach and Chesapeake. These are the only three oligohaline to
                freshwater tidal systems in Virginia which are primarily influenced by the wind rather than tidal
                fluctuations. These wind tide systems allow -for a great diversity of natural communities. Of
                the three wind-tide systems, the North Landing River has the greatest biological diversity.

                The North Landing River Watershed includes the North Landing River, extensive forested and
                herbaceous wetlands which line the river, and several tributaries. Its two major tributaries are
                West Neck Creek and the Intracoastal Waterway. Other tributaries include the Pocaty River,
                Alton's Creek, Blackwater Creek, and Milldam Creek. This riverine system is located along
                the Atlantic Coastal Plain in the southeastern comer of Virginia. It lies west of the Atlantic
                Ocean, south of the Chesapeake Bay, and north of Currituck Sound, North Carolina.









               The river covers 22 miles and drains approximately 72,000 acres of land. It flows through. the
               Cities of Virginia Beach and Chesapeake in a southeasterly direction. It continues past the
               Virginia-North Carolina state line and drains into the Currituck Sound, which then empties into
               the Albe m*arle Sound. The North Landing River watershed is within the Albemarle-Pamlico
               Estuarine Region, the second largest estuarine system in the United States.

               History

               Th e North Landing River, along with the lands that surround it, are rich in historical culture.
               The river has played a central role in the lives of people who have settled in the area, from the
               Native Americans who first inhabited this land 11,000 years ago to the current residents of
               Virginia Beach and Chesapeake.

               U12 to 18th Century

               A wide variety of Native American cultural groups lived in the North Landing area between
               9,500 B.C. and 1600 A.D. With ample quantities of fish and game within the forests and
               marshy waterways, the area continually attracted groups of nomadic people. Native American
               groups settled along North Landing River and Back Bay rather than the ocean side. This was
               .primarily due to two factors: the ocean side is more vulnerable to natural disasters, such as
               hurricanes; and the river and bay provided better access routes and farmland.

               Native Americans began to practice agriculture in the area around 1,000 A.D. When the first
               Europeans arrived in the area in the late 16th and early 17th centuries, they found tribes living
               in villages raising com, squash, and beans. The Native Americans inhabiting the land when the
               Jamestown colonists arrived were known to the English as Chesapeans. English inhabitants first
               settled at the mouth of Lynnhaven River. Settlement in the southern portion of Virginia Beach
               along North Landing River occurred gradually in the latter half of the 17th century.

               The areas known today as Chesapeake and Virginia Beach were referred to as Lower Norfolk
               County in 1638. In 1691, Lower Norfolk was divided into Norfolk County (presently
               Chesapeake City) and Princess Anne County (known as Virginia Beach City since 1963).. The
               colonists named the area Princess Anne to honor the daughter of King James H.

               Tobacco was the first crop in Princess Anne and became the center of the colonial economy. In
               the 1680's, soil depletion, fluctuating prices, and rising labor costs forced farmers to produce
               other crops and to harvest timber. As a result, grains such as corn, oats, and wheat became
               popular crops. In addition, the regions extensive evergreen forests produced high-quality lumber
               and shingles of cypress, cedar, and pine.

               Early settlers of Princess Anne County relied on very poor roads, particularly the southern
               section of the county. The roads were often impassible due to wet conditions. As a result, the
               North Landing River, along with other rivers in the area, remained the primary transportation
               network from the 1700's until the mid 1800's. In the 1700's, Kempsville became an important


                                                              2








                shipping center whereby goods such as timber, grains, and tobacco were transported from there
                to Norfolk.


                19th Century

                Agriculture continued to be the predominant land use in the nineteenth century. Following the
                agricultural depression of the 1830's, farmers further diversified their resources.             Hay
                production, poultry, and fisheries ranked high in production. Princess Anne County was well-
                known for its produce and supplied many Other areas, including cities of the North.

                Two man-made canals were constructed in this -         , making shipment of produce easier. Both
                                                                period
                of the canals connect the North Landing River with the Chesapeake Bay. The Albemarle and
                Chesapeake Canal, connecting the Southern Branch of Elizabeth River with the North Landing
                River, was completed in 1859. This canal connection was used to ship produce to the Norfolk
                markets and lumber from Currituck Sound. The second canal, London Bridge Creek and Canal
                No. 2, was constructed by the U.S. Army Corps of Engineers. This canal connects the North
                Landing River from West Neck Creek to the ]Eastern Branch of the Lynnhaven River.

                In the 1870's and 1880's, the Albemarle and. Chesapeake Canal was largely responsible for
                boosting the Princess Anne economy following the Civil War. Large quantities of products such
                .; as cotton, fish, lumber, shingles, juniper logs, 'wheat, and fresh shad were shipped via this canal
                system. This era experienced an increase in water trade and an introduction of better farming
                methods and more diversified crops. In addition, timber harvesting became more mechanized
                thereby offering increased employment, as did! commercial fishing and waterfowl hunting.

                20th CenWU

                The North Landing River Watershed remained primarily agricultural until the last half of the
                20th century. In 1925, potatoes were the largest crop, ranking fifth in the state. Other products
                included apples, peaches, hay, corn, cotton, wheat, and peanuts. Dairy cows and hogs were
                also raised at this time.

                Commercial fishing and hunting played a significant role in the economy of Princess Anne up
                through the mid-1920's. The region's marshlands, strategically situated along the Atlantic
                flyway, became known as a waterfowler's paradise. After 1920, sport shooting and fishing
                increased in popularity along the North Landing River as northern businessmen seeked an escape
                from the pressures and constraints of city life.,

                Today, the primary land use within the Southern Watersheds is agric    ulture with soybeans, field
                corn, and wheat being the predominant crops. Approximately 20% of land in the City of
                Virginia Beach is farmed.





                                                                3









                Values of North Landing River Watershed

                The North Landing River Watershed is a significant resource for its economical, recreational,
                and ecological values. These values are important to Virginia Beach and Chesapeake residents,
                as well as local, state, and federal agencies.

                The river is economically significant in various ways.. First, the river is important to the
                seafood industry. The North Landing River supports fish, crabs, eels, etc. which many local
                fisherman, restaurants, and stores depend upon to make a living. Common fish caught from this
                river include catfish, chain pickerel, crappie, largemouth bass, sunfish, and white perch.
                Secondly, it plays a role in interstate commerce and transportation. The river, particularly the
                Albemarle and Chesapeake Canal, played a vital to the economy in the late 1800's when water
                routes were the major method of transportation. Though, railways and highways reduced the
                commercial role of the canal, it is still used for some commercial shipping today.

                Many people enjoy the recreational uses of North Landing River and its tributaries. As in the
                past, fishing and hunting are popular activities throughout the watershed. Other popular
                recreational activities in the area include waterskiing, jet skiing, and boating. Additionally, the
                river provides a place for people to enjoy the beauty and. serenity of our natural world.
                'in addition to the economical and recreational, values of. the river, it is an area of high ecological
                significance. The North. Landing River contains one of the most diverse and unspoiled wetland
                systems in Virginia. These riverine wetlands cover an area of more than 20,000 acres in the
                Cities of Virginia Beach and Chesapeake. The North Landing River Watershed contains
                extensive freshwater and oligohaline marshes, pocosins, and forested swamps.

                Significant Natural Environments

                The marshes along North Landing River are clearly of statewide or national significance. The
                marshes range from low-salinity to freshwater. Winds influence the water levels and salinity
                levels of these wetlands, resulting in a vast diversity of vegetation and natural community
                composition. Cordgrass, needlerush, and sawgrass dominate along the water's edge. Southern
                cattails, bulrushes, and creeping spikerush are more characteristic of the interior marshes. Over
                twenty rare species have been documented from these marshes, including the least bittern and
                Carolina lilaeopsis.

                The least bittern is a small bird whose populations appear to be reduced throughout its range.
                They inhabit fresh and brackish water marshes, with tall, dense vegetation. When frightened,
                these birds position their narrow bodies in an upright position and sway back and forth to blend
                in with the wind-blown marsh. A plant known as Carolina lilaeopsis also occurs in these
                marshes. This perennial herb is rare throughout its range, which extends from southeastern
                Virginia to northern Florida. It bears a dainty white flower in late summe         r, and is found in
                shallow water, marshes, and swamps.



                                                                   4








                Another rare natural environment found in the North Landing River Watershed is the pocosin.
                Pocosins are fire-maintained environments dominated by dense shrub growth. Trees are
                scattered, and usually stunted and include Atlantic white cedar, pond pine, sweet bay, and red
                bay. These natural environments support many rare species, and are considered an endangered
                community type in Virginia. They are restricted primarily to the North Landing River and Great
                Dismal Swamp. The best remaining pocosins in Virginia or-cur along the North Landing River
                north of Pungo Ferry Road.

                Pocosins are considered by the U.S. Fish and Wildlife Service among the least understood and
                fastest disappearing wetland communities in -the Eastern United States. These wetlands occur
                along the Atlantic Coastal Plain from southern Virginia to northern Florida and west to
                Alabama. Pocosins covered more than three million acres of the southeastern Coastal Plain at
                one time. Today, less than 30% of this ecosystem remains in its natural state and much of that
                is threatened by ditching, draining, or mining,

                Forested hardwood swamps represent another significant natural environment observed along this
                riverine system. Black gum, red maple, bald cypress, loblolly pine and pond pine are, typical
                canopy dominants. Red Bay and sweet bay magnolia may occur in the subcanopy. One of
                Virginia's largest heronries is found in these swamp forests. Hundreds of Great Egrets and
                preat Blue Herons roost and nest in these remote swamps and feed along the extensive marshes
                of the river.


                Epiphytic sedge, a globally declining plant known from only one site in Virginia, - and the state
                endangered canebrake rattlesnake are found in the swamps of North Landing River. Epiphytic
                sedge, often called cypress-knee sedge, occurs on floating or partially-submerged rotting logs,
                stumps, and cypress knees along the edge of swamp forests. Seed dispersal is believed to be
                facilitated by waterbirds, carried on the feet. and deposited when the birds come to rest on
                stumps and logs. The canebrake rattlesnake feeds on small mammals, primarily rabbits and gray
                squirrels. Despite the non-aggressive nature of this animal, deliberate molestation and killing
                by humans is a major cause of their decline.

                Atlantic white cedar swamps are extremely rare in Virginia and highly threatened throughout its
                range. These swamps are restricted to a narrow band of the eastern coastal United States. In
                Virginia, the largest known Atlantic white cedar swamp occurs along the North Landing River.,
                It is approximately 50 acres in size, the oldest cedars trees estimated to be 60-70 years old.
                These swamps are characteristically dominated by Atlantic white cedar, sometimes with scattered
                amounts of other wetland species such as pond pine, loblolly pine, red maple, and water tupelo.

                nmats


                The Nature Conservancy and the Department of Conservation and Recreation have jointly
                purchased a significant portion. of the wetlands along North Landing River, forming a 7,500
                acre preserve system. Acquisition of land, however, does not solely guarantee protection of
                these sensitive environments. Threats may continue to exist within the wetlands as well as in


                                                                5









               critical buffer areas surrounding the wetlands. Such threats include changes in water
               chemistry and hydrology, invasion of exotic species, fire suppression, and land conversion.

               The invasive species common reed grass has spread throughout the marshes of the watershed.
               This problem species quickly invades. disturbed areas and is very tolerant of increased
               salinities, nutrients, and sediments. This aggressive grass can easily form dense clones.and
               replace native vegetation, including many rare plant species. When       'stands of this grass
               displace a diverse mixture of native plant species, food and shelter for many species of
               waterfowl and wildlife are also eliminated. Resource managers throughout Back Bay, the
               North Landing River, and Northwest River have documented the rapid spread of this species
               throughout the watershed.

               The nutria, or coypu, is another invasive alien species found in the marshes of the North
               Landing River. These large rodents were imported to the United States from South America
               around the turn of the century to bolster the fur trade. They have increased rapidly in the
               marshes of the southern United States. Within the North Landing River, native populations
               of muskrats are being displaced and marsh vegetation impacted with increasing nutria
               populations.

               .The key ecological forces influencing these wetlands are fire and water. Fire, a natural
               disturbance, has played a major role in the development and maintenance of pocosins,
               marshes, and swamps. 'These communities depend upon fire for reproduction and elimination
               of competing species. In addition, fire provides habitat and food sources for migrating geese
               and other wildlife species. Muskrat trappers and waterfowl hunters have historically burned
               these marshes on a regular basis.

               Hydrology, like fire, is another major determinant of vegetation character. The existing
               diversity of plants indicate the dynamic interplay between habitats affected by wind tides and
               those habitats primarily influenced by groundwater seepage and rainwater.

               The suppression of fire and changes in water chemistry and hydrology pose a serious threat
               to these environments. The effectiveness of fire suppression during recent decades, and
               modem obstacles to the spread of fire such as roads and man-made water courses, have
               contributed to the decline of these wetland communities. Alteration of hydrology, such as
               draining and ditching, is also considered a factor in this decline.

               Management of Conservation Lands

               Ecological management plans have been developed for the natural areas currently protected
               by The Nature Conservancy and the Department of Conservation and Recreation. Active
               management plans in progress include the control of the exotic species, common reed and a
               fire management program to determine the effects of controlled fire on the wetland
               communities.

               The control of common reed project involves application of an herbicide which will kill the
               root system of the invasive plant. This environmentally safe herbicide biodegrades upon









                contact with soil or water. A controlled fire is then implemented to clear away the dead
                common reed and open the habitat to desired species. These two steps are repeated the
                following year.

                The fire management program has been developed in order to reintroduce fire as a natural
                process. These controlled fires are conducted by an experienced team of experts. The
                purpose of this program is maintenance of the fire-dependent natural environments and rare
                plants within the North Landing River Watershed.

                Various research projects are underway in order to fully understand influences to these
                environments. Current research includes a study of the wild fire history in the area and its
                influence on vegetation dating back 500 years, and a study to better understand the impact
                hydrological alterations have on these sensitive environments. The hydrology studies will
                help us understand the role surface and ground water have on wetland ecology.

                Landowner Conservation Options

                Past and present residents of Virginia Beach and Chesapeake have enjoy ed the numerous
                values of the North Landing River. Even though this watershed lies within two of the fastest
                Aeveloping cities in the Eastern United States, it supports some of the most extensive
                wetlands in our state!


                Landowners within this area have played a crucial role in the excellent condition of these
                wetland communities. Continued stewardship of private property in the future is the key to
                conserving the North Landing River Watershed. To ensure that this resource will continue to
                exist for future generations, we must protectand manage not only the watershed, but also its
                critical buffer lands.


                Agriculture has been the predominant land use in North Landing since the land was first
                discovered. In recent.years, protection of the North Landing River Watershed as a
                historical, ecological, and recreational resource has become an important issue.
                Agricultural use of the land and conservation of the watershed are compatible with each
                other.


                Resource experts from Soil Conservation Service (SCS) and Agricultural Stabilization &
                Conservation Service (ASCS) are available to, help farmers develop conservation plans.
                Various cost-share programs are offered to assist the farmer in financial and management
                responsibilities. These programs encourage f@rmers to use best management procedures
                (BMPs) so as to ensure that their methods are environmentally friendly. One such program
                is the Wetlands Reserve Program.

                The Wetlands Reserve Program is a voluntary program offering landowners a chance to
                receive payments for restoring and protecting wetlands on their property. This program is
                sponsored by the Department of Agriculture's Agricultural Stabilization & Conservation


                                                              7









              Services. Qualifying lands include agricultural fields at least two acres in size that were
              previously wetlands, wetlands that are farmed under natural conditions, associated riparian
              upland and wetlands, and riparian areas that link wetlands. This is a cost share program in
              which ASCS will cover up to 75% of the restoration expenses. A permanent easement is
              attached to the deed and lump sums are based on certified appraisal of the agricultural value
              of the land. The wetland will be restored to its original hydrology and vegetation if possible.
              Soil and Water Conservation Districts in the area can provide farmers with information about
              additional programs.

              There are also incentive programs designed to protect and conserve other natural resources,
              such as forested land. Some agencies offer programs designed to restore damaged natural
              areas, such as drained wetlands.

              The Virginia Department of Forestry assists private landowners in the development of multi-
              resource management plans through the Forest Stewardship Program. Once this plan is
              developed, the Stewardship Incentive Program assists landowners in implementing the plans.
              The objective of these two programs is enhancement of the following: fish & wildlife
              habitat, water & air quality, wetlands management, forest,health, soil productivity, recreation
              & aesthetics, and timber production & reforestation. The Stewardship 'Incentive Program
              pays up to 75 % of management costs, while the landowner pays the remaining 25 %. To be
              eligible of this financial assistance, the landowner must have a complete Forest Stewardship
              Plan and own between'12 and 1000 acres of woodland.


              Partners for Wildlife program is a nationwide program administrated by the U.S. Fish &
              Wildlife Service to restore severely degraded or lost habitats on private lands. This program
              was funded by Congress specifically to do habitat restoration work with emphasis placed on
              those habitats that have been directly altered by human activities. Most of the direct project
              costs are covered by the Partners for Wildlife program, providing certain expenditure
              limitations and restrictions are met. Project maintenance is the responsibility of the
              landowner. This program assists in restoration, not improvements or management of existing
              habitat. In other words, this program offers assistance in the restoration of a damaged or
              destroyed areas by re-establishment of the native plant community and hydrology. Examples
              include plugging ditches in drained wetlands to reflood and removing dikes which block
              natural tidal flow.


              The Nature Conservancy (TNC) is an international private conservation organization
              dedicated to safeguarding the finest examples of all elements of our natural world. Since
              1951, the Conservancy has protected approximately 3 million acres of mountains, marshes,
              forests, prairies, and islands throughout the U.S., Canada, Latin America, and the
              Caribbean. In Virginia, the Conservancy's state chapter has protected more than 70 natural
              areas.


              Virginia's Department of Conservation and Recreation (DCR) works towards the mission of
              conserving Virginia's natural and recreational resources. DCR coordinates a program that


                                                           8








                prote cts natural area preserves totaling over 5,000 acres. These lands are managed to restore
                natural conditions and assure long-term health of the species and communities.

                Both The Nature Conservancy and the Department of Conservation and Recreation have used
                acquisition as a conservation tool throughout the Commonwealth. In addition, both of these
                organizations are available to work with private landowners who wish to retain ownership of
                their land while conserving its natural resources. Protection tools available for landowners
                include the Registry of Natural Areas, a Natural Area management Agreement,
                Conservation or open space easements, and Natural Area Dedication.

                The Registry of Natural Areas is a program developed to encourage voluntary conservation
                of significant lands in private and public ownership. Participating landowners agree to
                protect the natural heritage resources on their land to the best of their knowledge and to
                inform DCR of any potential threats to the resources or other changes, such as intent to sell
                the property. In return, the landowners are rewarded with a plaque in recognition of the
                significance of their property and their effort in preserving it.

                A Natural Area Management Agreement is a written contract between a landowner and a
                conservation organization designed to achieve specific conservation objectives. The
                agreement will clearly state the management plan for the land and the duration of the
                agreement. The contents of the agreement are determined according to specific ecological
                management needs of the natural area and the natural resources within the area.

                Conservation or open space easements entails the restriction of certain property rights (such
                as subdivision for development), while retaining other rights (such as farming the land) in
                order to achieve specific conservation goals. This is a legal agreement and will be recorded
                with the property deed.

                Natural Area Dedication is the strongest protection available for the preservation of our
                natural heritage resources. Natural Area Dedication is the placement of natural areas, both
                privately and publicly owned, into Virginia's Natural Area Preserve System. The landowner
                retains ownership and transfer rights of the land, while voluntarily restricting those land uses
                which are incompatible with the conservation needs of the natural area.

                Fact sheets explaining these options in more detail are available from DCR's Division of
                Natural Heritage. Many organizations and conservation specialists are available to assist
                landowners in the North Landing River area with questions or concerns about conservation.
                Please refer to the contact list for further information.










                                                                9









               Table 1. Natural Heritage Resources of the North Landing River.

               NATURAL HERITAGE RESOURCES                                         HERITAGE RANKS                   STATUS


               Scientific Name                  Common Name                       Global          State     Federal        State

               -------------------------------------------------------------------------------------------------------------------------
               PLANTS
               Asclepias lanceolata             Few-flowered milkweed             G5              S3-W
               Aster elliottii                  Elliott's Aster                   G3G4            S1
               Azolla caroliniana               Carolina Mosquito-fern            G5              S3-W
               Bacopa monnieri                  Coastal Water-hyssop              G5?             S3-W
               Boltonia asteroides              Aster-like Boltonia               G5              S2
               Boltonia caroliniana             Carolina Boltonia                 GQ              S2
               Carex canhescens                 Hoary Sedge                       G5              S3-W
               Carex decomposita                Epiphytic Sedge                   G3G4            S1               3C
               Carex hylinolepis                Shore-line Sedge                  G4G5            S3-W
               Carex straminea,                 Straw Sedge                       G5              S2
               Charnaecyparis thyoides          Atlantic White Cedar              G4              S2
               Cladium jamaicense               Sawgrass                          G5              S1
               Cladium. mariscoides             Twig Rush                         G5              S3-W
               Cleistes divaricata              Spreading Pogonia,                G4              SIS2
               Clematis crispa                  Blue Jasmine Libatherfl           G5              S3
               Cuscuta cephalanthii             a dodder                          G5              S2
               Cyperus haspan                   Galingale Sedge                   G5              S3-W
               Eleocharis rostellata            Beaked Spikerush                  G5              S1
               Juncus megacephalus              Big-headed Rush                   G4G5            S2
               Kalmia angustifolid              Sheep-laurel                      G5              S2
               Lilaeopsis carolinensis          Carolina Lilaeopsis               G3              S1                       3C
               Limnobium spongia                American Frog's-bit               G5              S2
               Lobelia elongata                 Elongated Lobelia                 G3G5            St
               W - uncommon species under consideration for addition to the rare spp list


                                                                                         10








               Table I (continued). Natural Heritage Resources of the North Landing River.
               NATURAL HERITAGE RESOURCES                                   HERITAGE RANKS                 STATUS
               Scientific Name               Common Name                    Global         State     Federal              State

               -----------------------------------------------------------------------------------------------------------------------------------
               PLANTS (continued)
               Ludwigia alata                Winged Seedbox                 G3G4           Sl
               Lyonia, lucida                Fetterbush                     G5             S2S3
               Paspalum distichum            a grass                        G5             S2
               Physostegia leptophylla       Slender Dragon-head            G4G5           S2
               Pinus serotina                Pond Pine                      G4Q            S3-W
               Pogonia ophioglossoides       Rose Pogonia                   G5             s3-w
               Scirpus acutus,               Hard-stemmed Bulrush           G5             S2
               Spiranthes odorata            Sweet Lady's-tresses           G5             S1
               Styrax americana              American Snowbell              G5             S2
               Stewartia malacodendron       Silky Camellia                 G4             S2
               Tillandsia usneoides          Spanish Moss                   G5             S2
               Triglochin striata            Three-fibbed Arrowgrass        G5             S3-W
               Typha domingensis             Southern Cattail               G4G5           S3-W
               Vaccinium macrocarpon         Large Bog Cranberry            G4             S2

               ANIMALS
               Atlides halesus               Great Purple Hairstreak        G5             S3
               Ardea herodias                Great Blue Heron               G5             S3-W
               Casmerodius albus             Great Egret                    G5             S2
               Crotalus horridus
                 ssp. atricaudatus           Canebrake Rattlesnake          G5             S1                             LE
               Euphyes dukesi                Scarce Swamp Skipper           G3G4           S2
               Ixobrychus exilis             Least Bittern                  G5             S2
               Rallus elegans                King Rail                      G4Q            S2
               Rallus limicola               Virginia Rail                  G5             S2
               W - uncommon species under consideration for addition to the rare spp list


                                                                                   11










             Table I (continued). Natural Heritage Resources of the North Landing River.

             NATURAL HERITAGE RESOURCES                             HERITAGE RANKS              STATUS
             Scientific Name             Common Name                Global        State    Federal            State

             ---------------------------------------------------------------------------------------------------------- ------------------------
             ANIMALS (continued)

             Synaptomys cooperi          Dismal Swamp Bog
                    helaletus             lemming                   G5T3          S3            3C
             Sorex longirostris
                    fisheri              Dismal Swamp Shrew         G5T2          S2            LT            LT

             NATURAL COMMUNITIES .
             Atlantic White Cedar Swamp Community                   G3G4          S1
             Low Salinity Lagoon Marsh Community                    G4            S3
             High Pocosin Community                                 G3G4          SI
             Low Pocosin Community                                  G3            S1















                                                                          12











                                                    LIST OF CONTACTS



               Don Schwab                                           Andrew Reid
               Department of Game & Inland Fisheries                U.S. Army Corps of Engineers
               P.O. Box 847                                         803 Front St.
               Suffolk, VA 23439 446-4868                           Norfolk, VA 23510 441-7641

               Julie Bright                                         Carl Garrison
               VA Dare Soil and Water Conservation District         Virginia Department of Forestry
               2449 Princess Anne Rd.                               P.O. Box 3306
               Agriculture Building(# I 4)/Municipal Center         Portsmouth, VA 23701         465-6840
               Virginia Beach, VA 23456 427-4775

               Caren Caljouw                                        Valerie King
               Department of Conservation and Recreation            City of Virginia Beach
               1500 E. Main Street                                  2150 Lynnhaven Parkway
               Richmond, VA 23219             786-7951              Virginia Beach, VA 23456 471-5827

               Bridgett Costanzo
               U.S. Fish & Wildlife Service
               P.O. Box 480
               White Marsh, VA 23183 693-6694

               Judy Dunscomb
               The Nature Conservancy
               1233A Cedars Court Rd.
               Charlottesville, VA 23903 295-6106

               Michael Focazio
               U.S. Geologic Survey
               3600 West Broad St.
               Richmond, VA 23230             771-2427

               Fred Hazelwood
               Department of Conservation & Recreation
               Seashore State Park
               2500 Shore Dr.
               Virginia Beach, VA 23451







                                                               13




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  I                    LANDOWNM CONTACT REPORT FORM
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                              LANDOWNER TRACT FILE SYSTEM
                                 NOTIFICATION PROCESS





          OWNER NAME:
          ADDRESS:



          PHONE:



          SITE NAME:
          OUAD NAME:
          OUAD CODE:


          COUNTY/CITY:
          PLAT MAP/PARCEL NUMBER:
          TRACT NUMBER:
          TOTAL ACREAGE:



          Notification Step:                  Completed(Y/N):     Date:


          Mail introductory letter

          Schedule an appointment

          compile site package

          Landowner/site visit

          Complete landowner report

          Mail thank you letter

          Distribute registry materials

          Sign up for registry

          Estimated date of next contact










                                  Landowner Contact Report



           OWNER:
           SITE:



           Type of  contact accomplished:
                mail
                telephone
                meeting with landowner
                site visit with landowner
                other

           Date of next contact (if applicable):

           Next plan of action:

           Information needed:



           Notification Progress:
           D.ate introductory letter mailed:

           Date of telephone contact:

                If no telephone contact, explain:

           Date of visit:

                If did not schedule an appointment for visit, explain:

           Person(s) visited:

           Date thank you letter mailed:

           Additional information mailed:



           Site Information:


           Site name:


           Quadrangle name:

           Quadrangle code:

           County/City:

           Estimated value of land/  improvements:

           Access to property:











          Plat map/parcel number:

          Size of tract in acreage:

          Resources in natural area:


          Which of these resources have been documented on this tract?

          In the preserve design, does this tract fall within the primary
               conservation boundary, the secondary, or both?

          Resources observed during visit (if site visit done):

          Short-term threats to these resources:


          Long-term threats to.these resources:


          Ownership Information:


          Name:

          -Mailing address:

          Phone number:


          Age:

          occupation:

          Children:
          How many?         Ages(range):

          How long has the owner owned the tract?

          Does the owner reside on the tract?

               If no, what is the property address?

         ,What is the present land use?

          What are the plans for future land use?

          What (if any) specific concerns were expressed by owner?


          Conservation Progress:

          What is the owners attitudin_- towards conservation?

          Was the owner aware of the resources prior to contact?

          If yes, has the owner protected them deliberately?










           What is DNH's conservation goal for this tr  act?

           What conservation options were di scussed?

           What was the owners response and attitude toward these options?

           What level of protection was achieved through this contact?

           Does  the owner appear to be receptive to stronger levels of
                protection in the future (if necessary):


           Additional comments or observations during visit:



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                       LANDOWNER CONTACT FOLLOW-UP LETTER
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           June 7, 1994

           Ms. Mamie Johnson
           Route 1, Box 130
           Virginia Beach, VA 23456

           Dear Ms. Johnson,

           Thank you so much f or taking time out of your schedule to meet with
           me a couple of months ago!     I enjoyed talking with you and your
           -uncle about your land along North Landing River River.

           As you know, the cypress-tupelo vegetation along this section of
           the river represents the best example of this natural community in
           Virginia! Actually, it is one of the best in all of the United
           States.   Natural areas as beautiful and serene as this one are
           becoming an increasing rare sight. The excellent stewardship of
           your family has allowed this natural area to exist for hundreds of
           years. We hope that it will continue to thrive for future Bailey
           generations!

           Enclosed is the Natural Areas Registry brochure and my card. If
           you or your family have any questions regarding the preservation of
           this area or our registry program, Olease do not hesitate to
           contact me!

           Thanks again for your time, Ms. Bailey. I look forwardto talking
           with you again in the future!

           sincerely,



           Melissa Donoff
           Landowner Contact Specialist




  .1
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  I                                APPENDIX G

                        NATURAL AREA REGISTRY BROCHURE
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Virginia's Natural Heritage ...

Virginia is a state of extraordinary natural
diversity--from the sandy beaches of the Atlantic
Ocean and the Chesapeake Bay, across the gentle
hills of the Piedmont and the Shenandoah Valley, to
the mountains of the western highlands.  Residents
of the Commonwealth take great pride in the
beauty of our natural heritage.  More
than 2,400 native species of plants,
848 vertebrate animals and 30,000
invertebrate animals interact with
Virginia's rocks, soils, and water
to form unique natural
communities and ecosystems.
However, some species and
ecosystems which flournished in
Virginia's past are very threatened
today.  As the human population increases, so does
the conversion of natural lands to other uses.  As a
result, the land certain plants and animals depend
upon for survival may be permanently damaged or
destroyed.  Fortunately, we are learning to take
precautions and property owners are acting
voluntarily to safeguard the best that remains of our
natural world.

What is the Registry of Natural Areas?

Virginia's Registry of Natural Areas is a program
developed to encourage voluntary conservation of
significant lands in private and public ownership.
Our staff has identified more than 900 natural areas
throughout the Commonwealth which serve as
habitat for our natural heritage resources.
Landowners of these sites play a crucial role in the
conservation of such lands and in turn the future
survival of the natural communities and rare
species they support.  Species are often lost simply
because the landowner is unaware of its existence
and needs.  By informing and recognizing the
landowners of these significant natural areas, the
Registry of Natural Areas Program reduces the
chance that these resourced may be
unknowingly destroyed.  The
program is operated by the
Virginia Department of
Conservation and Recreation
(DCR), an agency devoted to the 
identification and protection of
the Commonwealth's most
significant natural areas.

What areas qualify for the
registry?

to be eligible for
placement on the 
registry, a property
must support significant natural heritage resources
for Virginia, such as:

1)	habitat for rare, threatened, or endangered
plants or animals.

2)	rare or state significant natural communities.

3)	significant geologic landmarks.

What say does the 
landowners have in
the registration
process?

The decision to register belongs
entirely to the landowner.  This is a
voluntary and nonbinding
agreement that may be terminated
by either party at any time.

Does registration of a 
natural area permit
public access to private
property?

No.  Registration of a natural area
provides no rights of public access
to private property unless
requested by the owner.  As with
any private land, visitors must
receive permission from the
landowner before entering the
property.  Locations of
registerer natural areas
are not publicized
unless the owner so
desires.
 



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                                  APPENDIX H
  I                    NATURAL AREA REGISTRY AGREEMENT
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                           VIRGINIA'S REGISTRY OF NATURAL AREAS
                                          AGREEMENT FORM




                   I,                         , owner of the 
                   Natural    Area   agree  to include    the   area   described
                   and  bounded     on the  enclosed  map   in Virginia's
                   Registry of Natural      Areas. I agree     not  to take any
                   intentional action  which could destroy or degrade
                   the natural area    so long as  the property  is
                   registered.

                   I  agree    to allow  qualified representatives of the
                   Department of    Conservation and Recreation to visit
                   the property a minimum of once per year  with prior
                   notice to examine  the condition of the natural area
                   and the natural  heritage resources within.  Should
                   I observe any  significant change in the condition
                   of the natural area or any of the resources within,
                   I agree  to notify       the Department  of Conservation
                        Recreation.

                   I agree    to   notify   the  Department of Conservation
                    and  Recreation at    least   30 days before      I  transfer
                   by any means the  title   to the registered      property
                     or   decide  for  any reason to withdraw  from   this 
                   agreement.

                   It  is understood  that      this agreement involves no
                   change of    title   or  loss of ownership rights.  The
                 agreement   solely  expresses the  landowner's sincere
                   intention to  protect         certain    natural  heritage
                   resources    and  the Department of Conservation and
                   Recreation's desire to  recognize        the importance of
                   the  property and  the landowner's  civic gesture by 
                   awarding a plaque.  Neither party   shall incur   any
                   liability    for any injury    to persons or property on
                   the land.
                  
			By 
				Property  owner                           Date
                  By   
                      H. Kirby  Burch, Director                   Date
                      Department of Conservation
                           and  Recreation
 


















                                          APPEl'4DIX I


                      VIRGENIA BEACH AGRICULTURAL RESERVE PROGRAM



                                              by the
                                ad hoc Southern Watersheds Committee
                                               and
                                      The Nature Conservancy
















                           VIRGENIA BEACH AGRICULTURAL RESERVE PROGRAM



                                        ad hoc Southern Watersheds Committee
                                                         and
                                               The Nature Conservancy

                                                   April 30, 1994























                     This report was prepared by an ad hoc committee which formed following a workshop
              held on November 20, 1993 in Virginia Beach, Virginia called "Defining a Vision for the
              Southern Watersheds." The workshop was sponsored by the City of Virginia Beach and was
              funded, in part, by the Virginia Department of Environmental Quality's Coastal Resources
              Management Program through Grant #NA270Z0312-01 of the National Oceanic and
              Atmospheric Administration, Office of Ocean and Coastal Resource Management, under the
              Coastal Zone Management Act of 1972, as amended.





















                           VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM






                                   A proposalfor safeguarding Virginia Beach's
                                         prime agricultural lands in the
                                             Southern Watersheds





                                                    Inj the





                                     ad hoc Southern Watersheds Committee
                                                     and
                                            The Nature Conservancy





                                                30.4pril 1994












               EXECUTIVE SUMMARY


                                          The ad hoc Southern Watersheds Committee, a coalition of
                                          farm and conservation interests, is proposing the Virginia
                                          Beach Agricultural, Resi--jrve Program to promote and
                                          enhance agriculture as an important local industry which is
                                          an integral part of a diverse and balanced local economy.


                                          The local farmer faces a number of pressures in operating
                                          his business. The farmer's main resource - land - is also a
                                          commodity for speculation. As urban and suburban
                                          development have intruded into agricultural areas in the
                                          city the price of this commodity has increased, creating a
                                          situation where the farmer cannot compete with other
                                          interests for land.


                                          The conversion of farmland raises other issues of concern.
                                          There is a fundamental incompatibility between farming
                                          and residential uses. As the suburban uses increase, the
                                          farmer is continually pushed to alter or stop his farming
                                          practices to the detriment of his business.


                                          This continuing conversion of land challenges our ability to
                                          stabilize and balance the local tax base, to protect the
                                          sensitive eco-systems which intermingle with the
                                          agricultural areas of the city, and to preserve open space
                                          and the visual qualities of the southern rural areas.


                                          The forests and farms complement and protect the natural
                                          areas; conversion of the farmland to residential uses -may
                                          imperil the health of the wetlands and river systems,
                                          negatively impacting another growing and profitable local
                                          industry - nature and outdoor tourism.



                                          Virginia Beach Agricultural Reseme Program                  i










                                          The Agricultural Reserve Program (ARP) offers a market
                                          solution to these challenging issues. The program is based
                                          upon purchase of residential, commercial, and industrial
                                          development rights by the City of Virginia Beach. The
                                          advantages of the progr    are numerous:


                                                it is voluntary, the farmland owner decides whether
                                                or not to participate;
                                                the farmland owner is compensated for the sale of
                                                development rights;
                                                the farmland owner retains title and all other rights
                                                to his land;
                                                the proceeds can be used any way the farmer wishes
                                                  to retire debt, to improve the farm, as savings, for
                                                college, or for retirement;
                                                farmland is kept affordable for young farmers;
                                                the local economy, and the tax base, benefit by
                                                retaining agriculture; and
                                                the development rights are held in trust, assuring
                                                that areas with high potential and active farms will
                                                remain in agricultural uses.


                                          The process is simple. A farmland owner submits an
                                          application to the Agricultural Reserve Board for
                                          consideration. The farmland will be ranked according to a
                                          set of assessment criteria including location, parcel size,
                                          adjacent conditions, capital investment, cultural
                                          significance, economic importance, and threat of
                                          conversion.


                                          Appraisals will be completed for the farmland tracts
                                          ranking highest according to the selection criteria. Should
                                          an offer for purchase be refused, the Board will go to the
                                          next highest ranked tract and make an offer to that owner.


                                          Virginia Beach Agricultural Reserve Program









                                        The development rights will be held in public trust in
                                        perpetuity. This will be a permanent commitment of a
                                        portion of the rights in the land. Local conditions can
                                        change, however, so after a minimum period of twenty-
                                        five years, a farmland owner could ask the Board to review
                                        the purchase. If the Board finds that because of changed
                                        circumstances the development rights should no longer be
                                        held in trust, it has the option to sell back the rights, at
                                        market value, to the farmland owner.


              In Conclusion


                                        The ARP program is aimed at the southern watersheds
                                        area of the city identified in the Comprehensive Plan and
                                        by local residents for future and continuing agriculture and
                                        rural uses. The ARP is designed to bridge the gap between
                                        the short-term economic pressures on the farmland owner
                                        and the long-term benefits of farmland preservation. It
                                        gives another choice to a farmland owner, one that does
                                        not exist today - the sale of development rights in return
                                        for working capital that can be reinvested in the farm.


















                                        Virginia Beach Agricultural Reserve Program












               TABLE OF CONTENTS


               EXECUTIVE SUMMARY           ...........................................                        i

               TABLE OF CONTENTS          ...............................................                     v
               INTRODUCTION         ...............................                       ............     vii

               BACKGROUND        ...............................            I  .....................          I

               PROBLEM STATEMENT           .............      ; ...............................               3

                      Historic Perspective .............................................                      3
                      Growing Challenges to Farmers     ....................................                  6
                      Economic Importance of Farming in Virginia Beach       .......................          8
               MAJOR STATE AND LOCAL PROGRAMS                   ..............................             10
                      Virginia Right To Farm Law      .....................................                10
                      Use Value Assessment    ..........................................                   11
                      Agricultural Districting  .......................         I  .................       12
                      Land Evaluation and Site Assessment Systems     (LESA)    ...................        12
                      Conservation Enabling Legislation   ..................................               13
                      Virginia Beach Comprehensive Plan      ................................              13
               PROPOSED VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM                            ........    15
                      Program Goal    ......  I  .......  I..........                     ............     16
                      Program Elements    ...........................................                  ; . 16
                      Program Overview     .............................................                   16
                              Questions and Answers    ............................            I.......    17
                              ARP Board   ................................                ...... -     ... 19

                              Site Assessment Criteria  ...................................                22

               CONCLUSIONS       ...........................................                   I.......    33
               APPENDIX A - Local Area Map          .......................................                35
               APPENDIX B - Other Programs          .......................................                37
               APPENDIX C - Complementary Local Programs           ......................           .....  39
               ACKNOWLEDGEMENTS            ............................................                    43




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                INTRODUCTION



                                           Southeastern Virginia once nourished a forest which
                                           supported man and nature in quiet harmony. Indigenous
                                           peoples navigated and fished the waters of the North
                                           Landing and Northwest Rivers and Back Bay, hunted in
                                           the lush wetlands, and farmed the grassy uplands from
                                           9,000 B.C. until the seventeenth century. Later, the region
                                           was colonized by England and the landscape was
                                           characterized by scattered farms with small crossroad
                                           settlements and river landings.


                                           The region remained relatively isolated until the Albemarle
                                           and Chesapeake Canal was completed in 1859
                                           transforn dng the North Landing River to the principal
                                           transportation artery connecting Currituck Sound with
                                           Hampton Roads. In the early twentieth century, the
                                           railroad replaced the steam boats for carrying passengers,
                                           produce, lumber and freight to and from lower Princess
                                           Anne County. In 1913, the federal government purchased
                                           the waterway as one of the first links in the Atlantic
                                           Intracoastal Waterway.


                                           As time has passed, the harmony has become discord;
                                           spreading urbanization and fragmentation further threaten
                                           ,this. wild and rural -landscape. The forest has become
                                           farmland surrounding a necklace of wetlands along the
                                           North Landing and Northwest Rivers and Back Bay.


                                           One large portion of this magnificent area has remained
                                           virtually intact over the centuries. An area of more than
                                           15,000 acres of the most diverse and unspoiled wetland
                                           systems in Virginia that follows the North Landing River.


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                                        Natural area inventories of the watershed conducted by the
                                        Virginia Department of Conservation and Recreation's
                                        Division of Natural Heritage have identified these'
                                        wetlands as exemplary ecosystems as well as significant
                                        and critical habitat for rare and endangered plant and
                                        animal species. The area is one of the most important
                                        regions of the state in terms of biodiversity and rare,
                                        threatened, or endangered species. At least 46 rare species
                                        have been documented in the watershed. The area also
                                        provides important habitat for breeding and migratory
                                        waterfowl as they travel along the Atlantic Flyway. The
                                        North American Waterfowl Management Plan, through the
                                        Atlantic Coast joint Venture, has identified the wetlands of
                                        the North Landing and Northwest Rivers and the Back Bay
                                        as a top priority for protection.


                                        In 1989, the North Landing River was designated a
                                        Virginia Scenic River pursuant to the Virginia Scenic Rivers
                                        Act of 1970. A local interest group initiated the process for
                                        protection and recognition of the river as a natural, scenic,
                                        historic, and recreational resource of statewide significance.
                                        The City of Virginia Beach has also designated the river as
                                        scenic and has dedicated it as part of its Scenic Waterway
                                        Plan.


                                        However, these designations alone do not provide
                                        adequate protection from the activities which threaten the
                                        integrity of this valuable ecosystem. The threats to the
                                        North Landing River system are highly complex, often
                                        interconnected, and generally misunderstood. It is difficult
                                        to isolate and analyze any one threat, and man's influence
                                        must be kept in mind. Five categories of threat have been
                                        identified:




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                                                       non-point source pollution
                                                       alteration of hydrology
                                                       destructive land use practices
                                                       fire suppression
                                                       invasive exotic species


                                          To address these threats, a comprehensive and holistic
                                          program needs to be employed. The North Landing River
                                          Conservation Project is a joint initiative of The Nature
                                          Conservancy and the Department of Conservation and
                                          Recreation to establish a core, 10,000 acre refuge within the
                                          North Landing River watershed for rare plants and
                                          animals,. natural communities and waterfowl. The Back Bay
                                          National Wildlife Refuge has also embarked on an
                                          expansion program to purchase the lands necessary to
                                          keep their system intact. Other regional initiatives involve
                                          state, local and federal agencies addressing conservation
                                          and management issues for this southern watersheds area.


                                          These marshes exist in a largely agricultural area. Despite
                                          the dramatic growth in Virginia Beach in the last decades,
                                          the area surrounding the North Landing and Back Bay has
                                          remained largelly unspoiled with broad expanses of open
                                          farmland, forested wetlands, and marshes. Four of the five
                                          threats to the@e systems are directly related to increased
                                          development. While poor agricultural practices can pose a
                                          threat to the wetland, system, the far more devastating
                                          threat is the nonpoint pollution, modified hydrology and
                                          chemistry resulting from residential and commercial
                                          development.


                                          Although current local zo ning and land use plans identify
                                          the rural area as agricultural, pressure from development
                                          interests is increasing. Virginia Beach was the fastest


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                                        growing city in the United States over the decades of the
                                        1970s and,1980s, creating a congested northern section
                                        which looks south to the rural sector for relief. As land
                                        prices increase and fragmentation of farmland occurs, the
                                        aging farming community finds it less and less attractive to
                                        maintain their agrarian lifestyle.


                                        In 1981, the first national agricultural lands conference was
                                        held in Chicago. Then Secretary of Agriculture, John Block,
                                        highlighted the issues facing the agricultural industry - the
                                        same issues which face us today. He warned that prompt
                                        action was needed to prevent "a lengthy and expensive
                                        chain of problems." Since then millions of acres of the very
                                        best farmland have been lost to development. America has
                                        watched the descent of this important national resource
                                        and has not moved to stop its decline.


                                        One part of the comprehensive and holistic program
                                        addresses the challenge of safeguarding the nation's prime
                                        farmlands from development. This paper presents the
                                        Virginia Beach Agricultural Reserve Program proposed by
                                        The Nature Conservancy and the ad hoc Virginia Beach
                                        Southern Watersheds Committee to address the gap
                                        between the short-term economic pressures on the
                                        farmland owner and the long-term societal benefits of
                                        farmland preservation.












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             BACKGROUND


                                         In November 1993, the City of Virginia Beach sponsored a
                                         workshop under a grant from the Virginia Coastal
                                         Resources Management Program called, "Defining a Vision
                                         for the Southern Watersheds. " This day-long program
                                         presented background on the southern area's natural
                                         environment, cultural history, zoning and planning
                                         chronology, and an examination of the many issues related
                                         to sustainable development. At the end of the day,
                                         participants where invited to break. into small groups to
                                         'brainstorm" about this "vision." An ad hoc group formed
                                         to continue this discussion at further meetings. In
                                         cooperation, these private interests have joined to promote
                                         a program for the continued existence of the agricultural
                                         industry in the rural southern watershed  s area of Virginia
                                         Beach.


                                         This ad hoc committee (the Committee) consists mainly of
                                         farm and conservation interests, but these individuals also
                                         bring their expertise and experience from the Virginia
                                         Beach City Council, Virginia Beach Planning Commission,
                                         Virginia Beach Department of Agriculture, Planning
                                         Department, Virginia Beach Farm Bureau, Back Bay
                                         National Wildlife Refuge, the Sierra Club, Virginia Beach
                                         Chapter of the National Audubon Society, Southeastern
                                         Association for Virginia's Environment, Council of Civic
                                         Organizations, and The Nature Conservancy.


                                         Meeting evenings in December and January, the
                                         Committee examined the consequences of the continued
                                         unplann4 d and unchecked development of farmlands. The
                                         problems with creating incompatible uses, fragmentation of
                                         farmlands, and roadway congestion were considered.


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                                      While all of these issues are concerns, it is economic need
                                      that is the deciding factor in the conversion of individual
                                      farms to other uses. On a community level, this continued
                                      conversion of farmlands to residential sprawl portends a
                                      future economic crisis to the taxpayers of Virginia Beach.
                                      Repeatedly, community studies have shown that a
                                      balanced and diverse tax base is needed for community
                                      budgets to balance. Virginia Beach is struggling to reverse
                                      its growing imbalance of residential and commercial land
                                      use while more pressure   is put on to convert open lands to
                                      residential uses. Farmland and open space subsidize, in
                                      their property tax payments, the deficit that residential
                                      sprawl creates. Only by preserving these open spaces and
                                      farmlands can the city prevent a future taxing crisis.


                                      In the fall of 1993, a new comprehensive plan amendment
                                      was being prepared for hearings at the public level,
                                      proposing new standards for the Southern Watersheds. The
                                      ad hoc group agreed the current and proposed
                                      comprehensive and zoning plans do not address the
                                      continuation of agriculture as a land use or industry, and
                                      simply set standards for the conversion of those lands into
                                      residences.


                                      The Committee is pursuing the establishment of an
                                      Agricultural Reserve Program for the City of Virginia
                                      Beach. An examination of similar programs from around
                                      the country has been performed; information has been
                                      compiled and reviewed from recent studies about the farm
                                      industry, land values, soils, transportation networks, and
                                      parcel sizes; other local development and economic
                                      initiatives were considered. The committee also solicited
                                      advice from Virginia Polytechnic Institute and State



                                      Virginia Beach Agrimitural Reseme Program                   2









                                         University, American Farmland Trust, Chesapeake Bay
                                         Foundation, and local experts.


                                         The Agricultural Reserve Program proposed in this
                                         document is the result of the studies and discussions of the
                                         Committee.


              PROBLEM STATEMENT


                                         The loss of farmland is an issue that has been examined
                                         regionally, nationally and globally in recent years. The
                                         "National Agricultural Lands Study" of 1981 observed that
                                         the conversion of farmlands to other uses were
                                         concentrated in areas undergoing rapid development and
                                         expansion. Approximately forty percent of the land area in
                                         Virginia Beach remains rural while the northern part of the
                                         city has developed. Virginia Beach has grown by 4.7 times
                                         (390%) in population in the last three decades.


              Historic Perspective


                                         Virginia Beach, founded as Princess Anne County, saw the
                                         settlement of English immigrants in the late 16th century
                                         who established themselves as farmers., attempting to
                                         recreate their England on the shores, of the new continent.
                                         In the 1800's, the agricultural recession saw a decline in the
                                         local population. from 9,000 to 7,000 people. While in the
                                         higher, northern part of the County farming flourished, the
                                         southern area was relegated to subsistence farming. The
                                         wealthiest farmers were "timber gatherers."


                                         The 1880"s saw the establishment of the resort
                                         development in Virginia Beach and the conversion of the
                                         northern areas began. Poor access, lack of transportation


                                         Virginia Beach Agricultural Reserve Program                   3










                                       routes and low elevations reserved the southern areas from
                                       early development pressure. From World War I on, the
                                       large military presence here began to consume land, as
                                       well, with the establishment in the north of Camp
                                       Pendleton, Fort Story, Little Creek Amphibious Base, and
                                       finally, Dam Neck.


                                       The southern area changed from subsistence farming to
                                       cotton and tobacco, then added vegetables. Hogs and dairy
                                       cattle became a profitable enterprise and the Pungo Ridge
                                       came to notoriety for its sweet potatoes. The 1950's saw the
                                       farmers, with technical assistance from the Soil
                                       Conservation Service and some federal cost-sharing funds,
                                       ditching and draining more wet soils in the southern
                                       sections. Meanwhile the labor force began to move to the
                                       cities for higher wages.


                                       The 1970's were very profitable for southern Virginia
                                       Beach farmers; export opportunities increased, grain and
                                       com gained in volume, and 250,000 hogs were raised here.
                                       In the 1980's, specialty crops got a fodthold; the Pungo
                                       Strawberry Festival became a regional event and horse
                                       enterprises moved in. High value crops like strawberries,
                                       blueberries, sweet corn, blackberries and small fruits
                                       became widespread. Farming was a family business and
                                       preserved the rural character lost in the northern city.


                                       However, those days seem a distant memory. Between
                                       1980 and 1991, the Commonwealth of Virginia saw a
                                       decrease in cropland dedicated to com by fifty-three
                                       percent (53%); statewide, the number of hogs shrank from
                                       830,000 to 390,000 in the same period, a decrease of forty-
                                       six percent (46%), while in North Carolina, hogs increased
                                       in numbers from 2.3 million to 4.5 million.



                                       Virginia Beach Agricultural Reserve Program                 4









                                        Between 1939 and 1993, the cropland in Virginia Beach
                                        shrank from 60,000 acres to 32,000 acres. Now cotton is no
                                        longer grown; only 35 acres remain in sweet potatoes;
                                        white potatoes, which were a staple crop for over half a
                                        century, went from over 4,000 acres to just 600 today.


                                        The dramatic reduction in farmland in Virginia Beach has
                                        been caused by the rapid growth in the city. During the
                                        decades of the 70"s and 80's, Virginia Beach was the fastest
                                        growing large city in the United States by fifty percent
                                        (50%). Between 1970 and 1980 the population increased
                                        from 171,000, people to 262,000; from 1980 to 1990, the
                                        increase in population was 50 percent higher than the 70's,
                                        from 262,000 to 393,000 people.

                                        By contrast, in the rural Pungo Borough of the city,
                                        encompassing 35% of the city's land area, the population
                                        only rose from 3,270 people to 4,074 in the same time. The
                                        loss of farmland in the southern area over the last 20 years
                                        can be attributed to the rise in land values tied to the
                                        development in northern Virginia Beach; a nationwide
                                        decline in agriculture, especially in "family farms"; and an
                                        aging farming population with no new generation to carry
                                        on the farming business. The fact that a "wave of
                                        humanity" has not crowded out southern Virginia Beach
                                        farming yet is what gives us an opportunity to make this
                                        program work.


                                        With the increase in population and houses, commercial
                                        and industrial development also boomed. A national
                                        company built a regional shopping center; the City of
                                        Virginia teach built three large industrial parks; and
                                        private developers built offices and stores. Virginia Beach



                                        Virginia Beach Agricultural Reserve Program                  5









                                       grew so rapidly that much of the regulation and planning
                                       lagged behind the actual building.


                                       It was not until the middle of these two decades that the
                                       city passed its first Comprehensive Plan and created the
                                       so-called "Green Line" to indicate the southern limit of
                                       "urban" infrastructure. This limit was established to avoid
                                       the problems created by "leap frogging" development and
                                       the pressure for unplanned and unfinanced infrastructure.
                                       The Southern Watersheds area lies south of the Green Line,
                                       but is currently facing increasing residential development
                                       pressure. In fact, this "line in the sand" became a poor
                                       substitute for the comprehensive planning of the future of
                                       the Southern Watersheds. This lack of planning is what
                                       jeopardizes rural Virginia Beach today.


            Growing Challenges to Farmers


                                       Long before the actual conversion of farm  land to non-farm
                                       uses, the business of farming becomes increasingly
                                       difficult. As suburban development mitrudes into
                                       agricultural areas, the price of land increases. When
                                       farmers want to buy or rent additional land, this increased
                                       value makes it difficult for them to compete with other
                                       users. Local planning and zoning processes have worked
                                       against the farmers by trying to impose value on
                                       agricultural land based upon these "other uses,"
                                       compounding the farmers' dilemma. This dilemma is
                                       further intensified by the fact that many farmers work
                                       part-time off the farm to earn their household incomes. The
                                       part-time nature of the farming can limit their ability to
                                       invest capital and management time in a business
                                       "competing" with other interests for their main resource -
                                       land.



                                       Virginia Beach Agricultural Reserve Program                 6









                                        There is also a fundamental incompatibility between many
                                        types of agricultural activities and residential uses.
                                        Suburban residents often do not understand that
                                        agriculture is an industry which can create noise,
                                        unpleasant smells, air pollution, and other disturbances.
                                        While suburban dwellers would not seek a home near a
                                        shipyard or steel mill, they do not consider the
                                        consequences of being downwind from a dairy or cornfield
                                        when shopping for a home.

                                        The irritation of noise from normal farming activities often
                                        results in complaints and legal actions against farmers.
                                        Pressure may be put on local government to limit various
                                        farm activities which are perceived as offending. Neighbors
                                        may report farmers to local or state agencies. As suburban
                                        uses encroach inito farming areas, farmers find that
                                        defending themselves from their new neighbors can be
                                        expensive and time-consuming.

                                        As suburban dwellers are attracted tothe "open spaces,"
                                        instances of trespass, theft and vandalism increase. More
                                        traffic makes it difficult to transport farm equipment and
                                        deliver products. Illegal disposal of trash and refuse on
                                        farms and in ditches increases and can cause hazards and
                                        damage to farm animals and equipment.


                                        As conflicts and frustrations increase, farmers begin to
                                        prepare for the inevitable closing of their businesses and
                                        sale of their land to developers. Capital investment
                                        decreases or stops, and conservation practices are laid
                                        aside. Long before the sale and conversion, the land is no
                                        longer be mig farmed effectively, or perhaps not at all.





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           Economic Importance of Farming to Virginia Beach


                                       Despite the challenges faced, Virginia Beach "agribusiness"
                                       had an economic impact of more than $76.69 million Mi
                                       1992 based upon a product valued at $23.89 million. There
                                       are still 106 farm operations on 686 tracts in southern
                                       Virginia Beach with approximately 32,000 acres of land in
                                       cultivation.


                                       To anyone who has lived in Virginia Beach very long, the
                                       change in rural character and the loss of farmlands has
                                       been obvious over the last decades. In addition to the
                                       shrinking amount of land in active cultivation, the city lost
                                       12,500 acres of forested land to development and
                                       agriculture between 1975 and 1985. Roughly forty percent
                                       (40%) of the city's land area remains rural today, with
                                       increasing pressure upon it to convert to residential and
                                       other uses. The economic effects of this conversion causes
                                       concern. The American Farmland Trust has studied various
                                       areas in the United States and finds consistently,


                                              "that although residential development
                                              increases the local tax base, it does not pay
                                              for itself. On the other hand, while privately
                                              owned farm and open lands do not raise
                                              nearly as much gross income as developed
                                              lands, their need for service is so modest,
                                              their net effect on the tax base is a surplus."


                                       In addition, Virginia Beach has determined that the mix in
                                       our tax base is already imbalanced with a surplus of
                                       residential base.






                                       Virginia Beach Agricultural Reserve Program                  8









                                        Undoubtedly, Virginia Beach must maintain a diverse
                                        economic base that ensures prosperity in a tumultuous
                                        world economy. Agriculture is an essential component in
                                        the conservation of Virginia Beach's natural and economic
                                        resources. A 1993 report published by Virginia's Rural
                                        Economic Analysis Program found that over 85% of
                                        Virginia Beach's croplands have a per acre yield potential
                                        for corn of greater than 130 bushels, exceeding the
                                        potential of the other 18 communities examined. Sources
                                        say the potential for soy beans is almost equal. There are
                                        concerns that the conversion of good farmland will
                                        increase the inputs of energy, fertilizers and chemicals to
                                        farm the poorer lands that will remain. The
                                        acknowledgment that good farmland is a natural resource
                                        which needs conservation is a tenet of this paper.



                                        Until the oceanfront resort developed in the late 19th
                                        century, farming and timber were the only local industries.
                                        Some are concerned with the loss of the last links to our
                                        past and heritage. Some are concerned with the loss of the
                                        rural way of life and the values associated with that life.
                                        As a resort city, Virginia Beach competes with many
                                        localities with varied amenities and features to capture the
                                        imaginations of vacationing families. The forests and farms
                                        buffer a variety of natural resource areas that have regional
                                        and national significance and attraction. Conversion of
                                        these farmlands may imperil the health of these natural
                                        systems and, in turn, negatively impact the resort industry.

                                        There are. concerns about the loss of open space in the
                                        community brought about by the continued conversion of
                                        farmland. To attract new employers in an ever increasingly



                                        Virginia Beach Agricultural Reserve Program                   9








                                     competitive market, Virginia Beach must maintain those
                                     features related to "quality of fife" and visual attractiveness.


           MAJOR STATE AND LOCAL PROGRAMS


                                     While some national incentives have been created to help
                                     the farm industry, the most effective programs appear to
                                     be implemented at the state and local levels.


                                     The Commonwealth of Virginia does not have a history of
                                     strong initiatives to support its agricultural industry.
                                     Consequently, as population and development pressures
                                     have increased, more and more land has converted from
                                     farmland to other uses. In Virginia Beach, many of the
                                     opportunities and profits went south to North Carolina as
                                     that state made major efforts to protect and promote
                                     farming.


                                     Nationwide, many states have passed right-to-farm laws,
                                     agricultural districting, and tax breaks designed to retain
                                     agriculture land for agriculture. Local 'govenunents have
                                     implemented zoning and agricultural plans designed to
                                     forestall the additional conversion of prime farmland.
                                     Virginia is a Dillon**s Rule state which limits localities to
                                     the use of authority expressly granted to each by state law.
                                     An overview of our state and local programs follows:


           Virginia Right-To-Farm Law


                                     Right-To-Farm laws are enacted to protect agricultural
                                     activities from common law nuisance suits and from local
                                     ordinances that might restrict certain farm activities. These
                                     laws attempt to remedy situations where suburban uses
                                     have entered farming areas and the new neighbors are


                                     Virginia Beach Agricultural Reserce Program              10









                                          unfamiliar with normal farm activities by protecting the
                                          farm use from frivolous attacks.


                                          The Virginia legislation has never been challenged in court,
                                          and may be vulnerable to attack. Public notice of this
                                          protection is also, weak; notice is only recorded on the plat
                                          of a farm parcel. This regulation' also has a clause which
                                          refers to "substantial change" in the farming operation,
                                          which could deter protection should a farmer change crops
                                          or farming practices.


                                          Measures are in committee in the current General
                                          Assembly session to strengthen this bill by prohibiting
                                          localities from requiring conditional use permits for any
                                          farming practice in any agriculture district or classification.


             Use Value Assessment


                                          This law allows localities to assess and tax farmland at its
                                          agricultural value rather than at someperceived
                                          development value. This benefits the farmer in bringing his
                                          tax bill closer to the amount he use's in services, or parity.
                                          Farm buildings and homes are assessed at regular rates,
                                          just as their residential neighbors are.


                                          One weakness of this law is that the roll-back period is five
                                          years; when the zoning is changed on farmland enrolled in
                                          this program, the difference in taxation must be paid
                                          retroactively for five years. The profit margin in conversion
                                          of these lands is; often great enough that this provision
                                          does not. deter owners and developers from converting
                                          farmland.-





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                                       Another serious weakness in this program is that some
                                       localities that are experiencing rapid growth and
                                       development pressure see farmland as a new source of
                                       revenue by eliminating. this program. In Virginia, there is
                                       an annual challenge to this program; currently House
                                       Document #7 calls for study.


           Agricultural Districting


                                       Legally recognized geographic areas are established for one
                                       or more farms which are required to remain active farms
                                       for five years in exchange for use value taxation benefits
                                       and other limited protection.


                                       Virginia Beach does not use this system as it requires a
                                       minimum of 1,000 acres of contiguous farmland and does
                                       not provide benefits beyond the Use Value Taxation
                                       program.


            Land Evaluation and Site Assess  ment Systems (LESA)


                                       The Land Use Evaluation and Site Assessment system is a
                                       land-use decision-making tool created by the Soil
                                       Conservation Service. It is used as a guide in deciding
                                       whether or not to allow proposed changes on specific
                                       parcels of farmland and to target protection efforts.
                                       Information is used, ranging from current development
                                       trends to the health of the local agricultural economy, to
                                       arrive at a numerical rating that indicates the parcel's
                                       agricultural importance and future viability.

                                       The system was designed for implementation in the
                                       midwestern United States; application of the soils
                                       evaluation system is contradictory when applied locally.


                                       Virginia Beach Agricultural Resme Program                 12









                                         First, it ranks soils by capability class and Virginia Beach,
                                         with its soils based upon deposition, lacks the rocky soils
                                         and others in the classifications. Second, soil potential is
                                         based upon a single crop profile across all soils and
                                         locations. Virginia Beach is not a single crop area, and
                                         while certain crops cannot grow in all local soils, others do
                                         very well in those same soils.


             Conservation Enabling Legislation


                                         Virginia has adopted laws to allow the use of easements. in
                                         the reservation of certain land types for various purposes.
                                         In Virginia Beach, Oceana Naval Air Station has used this
                                         to prevent further development in the AICUZ program
                                         (Air Installation Compatible Use Zone) in the airport
                                         vicinity.


                                         Unfortunately, the Navy did not acquire 100 percent of
                                         their air rights needs, and they are currently asking local
                                         government to "freeze" agricultural parcels in their current
                                         use, without compensation. This often puts Oceana and the
                                         City in opposing positions on requests for development of
                                         lands which Oceana would like to see undeveloped, but
                                         does not control the rights to.


                                         While this enabling legislation has the capability to
                                         conserve large areas for open space, agriculture, and
                                         natural resource conservation, funds have not been
                                         available to date for such a program.


             Comprehensive Plan


                                         The City of Virginia Beach adopted its first Comprehensive
                                         Plan in 1979. It is "the City"s official statement of physical


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                                        and planning policy ... Once adopted, this Comprehensive
                                        Plan serves as a guide to public and private decision
                                        making on matters related to growth and community
                                        development." The plan is a general guide for growth, but
                                        does not provide smaller scale area plans.


                                        Unfortunately, the current plan, while discussing "Rural
                                        Area Issues," really addresses the continued conversion of
                                        farmlands to residential use with "rural" planning
                                        standards. A policy to "ensure the preservation of
                                        agricultural and forestal activities" is limited to the
                                        "foreseeable future," a term which foretells its demise.
                                        Additionally the plan puts forth only three objectives for
                                        agriculture in Virginia Beach - supporting policies and
                                        initiatives that "recogr-dze" rural uses as the dominant land
                                        uses; promotion of use value taxation; and encouragement
                                        of Best Management Practices.


                                        The Comprehensive Plan must be reviewed every five
                                        years by state direction, and is subjectto change from
                                        political pressure, so it does not necessarily extend
                                        protection to farmland.


















                                        Virginia Beach Agricultural Reserve Program                 14














             THE PROPOSED VIRGINIA BEACH
             AGRICULTURAL RESERVE PROGRAM



                                       Current local and state programs are important continuing
                                       elements of an effective program to protect farmland, but
                                       have not proved sufficient to provide lasting protection
                                       against the constant pressures of urban development.


                                       During the recent comprehensive plan amendment
                                       preparation, the Virginia Beach Planning Commission
                                       developed and circulated a questionnaire to each property
                                       owner and resident south of Indian River Road. While
                                       many opuuons were expressed, five common goals were
                                       identified for the plan amendments:


                                       1.    To provide the opportunity for continued
                                             agriculture,
                                             To preserve rural character,
                                       3.    To protect environmental resources,
                                       4.    To provide reasonable development opportunities,
                                             and
                                       5.    To defer the need for major urban infrastructure
                                             improvements.


                                       Based upon the continuing conversion of farmlands in
                                       Virginia Beach, with consideration of the regional and
                                       national information reviewed, and the strong desire of the
                                       people who live in the farmlands to maintain agriculture,
                                       the Committee believes that an agricultural protection
                                       program is necessary.



                                       Virginia Beach Agricultural Reserue Program            15









            Program Goal


                                     The Committee sees one goal for this program:


                                     To promote and enhance agriculture as an important
                                     local industry which is part of a diverse local economy.

                                     Agriculture can compliment Virginia Beach's other main
                                     industries, tourism and the military, enhancing the open
                                     spaces and environmental resources in the southern area
                                     and keeping a low density use in the southern flyway of
                                     Oceana Naval Air Base.



            Program Elements


                                     The Virginia Beach Agricultural Reserve Program (ARP)
                                     proposed by the Committee   is composed of five program
                                     elements:


                                     1.     Public Outreach and Educatioii.
                                     2.     Funding.
                                     3.     Program development.
                                     4.     Public Approval.
                                     5.     ARP Implementation.



           Program Overview


                                     The Virginia Beach Agricultural Reserve Program (ARP) is
                                     based upon purchase of residential, commercial, and
                                     industrial development rights by the City of Virginia
                                     Beach.





                                     Virginia Beach Agricultural Reserve Program             16









                                       The advantages of this program are numerous:


                                              it is voluntary,
                                              the landowner decides whether or not to participate,
                                              the farmland owner is compensated for the sale of
                                              the development rights,
                                              the farmer retains title and all other rights to his
                                              land,
                                              farming activities continue and are encouraged, and
                                              the development rights are held in trust, assuring
                                              that areas with high potential and active farms will
                                              remain in agricultural uses.


                                       A number of questions and answers follow, explaining
                                       how the Agricultural Reserve Program will work in
                                       Virginia Beach:


                          Why an Agricultural Reserve Program?


                                       Over half of all the value of U.S. farm,production comes
                                       from areas on the urban fringe. The unique microclimates
                                       along the coastline which naturally favor agriculture are
                                       also a magnet for development. For decades we have taken
                                       the best land oul: of production because it is the easiest to
                                       build on. It is time in Virginia Beach to conserve the
                                       productive farmland that remains.


                                       One challenge of land conservation has been identified as
                                       the balancing of private property rights with the broader
                                       public good. The ARP would enhance private property
                                       rights by providing landowners with an alternative that
                                       does not:exist today: the sale of development rights in
                                       return for working ca pital that can be reinvested in the
                                       farm.



                                       Virginia Beach Agricultural Reserve Program              17








                                          The Comprehensive Plan and zoning are the most
                                          important tools a local government has to direct the
                                          growth and development of an area. Even supported by
                                          state tax programs and right-to-farm. legislationthough,
                                          they are not able to prevent urban development of
                                          agricultural land.


                                          In response, some jurisdictions have turned to acquiring
                                          less-than-fee interests in land to control its use. Ownership
                                          of land may be defined as a set of interests or rights; the
                                          right to keep others off the land, the right to sell or
                                          bequeath it, the right to use it for farming, forestry or
                                          outdoor recreation, the right to build structures on it, etc.
                                          Ownership of the entire set of rights is called fee-simple-
                                          ownership. Less-than-fee ownership is when ones owns
                                          some but not all of these rights. In the Agricultural Reserve
                                          Program, the City of Virginia Beach would purchase and
                                          retire the development rights on the land while the owner
                                          would retain all the other rights of their land.

                    2.     What are development rights?

                                          Development rights are "... an interest in and the right to
                                          use and subdivide land for any and all residential,
                                          commercial, and industrial purposes and activities which
                                          are not incidental to agricultural uses."


                                          The purchase of development rights is simply a restriction
                                          on the use of land which the owner willingly allows in
                                          exchange for monetary compensation.







                                          Virginia Beach Agricultural Reserve Program                  18









                   3.     Where will the agricultural reserve most likely
                          occur?


                                       A map in Appendix "A" shows the location of current
                                       agricultural andforestal. activities in Virginia Beach. While
                                       much of the northern. area of Virginia Beach is already
                                       developed in residential or commercial uses, areas south of
                                       the "Green Line" remain undeveloped or farmed. This
                                       southern area is what the program seeks to reserve.


                   4.     Which land owners would be eligible?


                                       Those possessing land of at least ten acres in size would be
                                       eligible. Smaller parcels would be considered if they are
                                       contiguous to land already in the program or that are
                                       adjacent to natural areas or other protected areas.


                   5.     Who would administer the Agricultural Reserve
                          Program?


                                       The Committeeis proposing that the Virginia Beach
                                       Agricultural Reserve Program be administered by a five
                                       member board (hereafter referred to as the Board). The
                                       Board would include the Director of Agriculture of the
                                       City of Virginia Beach and one member of City Council.
                                       The three remaining seats would be appointed by City
                                       Council from two slates of nominees; two would be
                                       appointed from a list of farm operators or retired farmers
                                       presented by the farm community, and one would be
                                       appointed from a list of nominees presented by the
                                       conservation community.






                                       Virginia Beach Agricultural Reserve Program              19








                     6.     How would this Program work?

                                           The Board would purchase the development rights from
                                           farmers who voluntarily nominate their property for
                                           inclusion in the program. The program would be strictly
                                           voluntary; the Board could not require anyone to sell the
                                           development rights to their land. The Board could only
                                           consider a piece of property for inclusion into the program
                                           after the farmland owner submitted an application. The
                                           farmland owner would be free to completely withdraw
                                           from the ARP at any time up to the time he signs the final
                                           contract and accepts payment for his development rights.

                                           The farmland-owner who sold his development rights
                                           would still retain all the agricultural rights; the right to use
                                           the land for purposes and activities related to horticulture,
                                           silviculture, livestock, dairy and other agricultural uses.
                                           This program will not restrict a farmer from improving his
                                           farmland or maintaining ditches or drainage systems. The
                                           farmland owner would still pay taxes on the land and have
                                           the right to live on it, work it, improve it for farming or
                                           related purposes, sell it, lease it, or pass it on to heirs. The
                                           public could not come onto the property without the
                                           owner's permission. It would still be private property and
                                           subject to the laws of trespass.


                                           The development rights acquired would be held in public
                                           trust by the city for the benefit of its citizens in perpetuity.
                                           Farmland owners who entered this voluntary program
                                           would be making a permanent commitment of a portion of
                                           the rights in their land. However, most programs recognize
                                           that conditions can change in a I  ocality over a very, long
                                           period of time and make some provision for the farmland
                                           owner to buy back the development rights.


                                           Virginia Beach Agricultural Reseme Program                       20









                                         The intent of the program is to retain prime agricultural
                                         land for agricultural purposes permanently, so withdrawal
                                         from the program should not be easy. The Committee
                                         proposes that all development rights be held for a
                                         minimum of twenty-five years without review. Any time
                                         after twenty-five years had elapsed, upon the request of
                                         the farmland owner, the Board could review the purchase.
                                         If the Board found that because of changed circumstances
                                         that the development rights should no longer be held, it
                                         has the option of selling back the development rights to
                                         the farmland owner. The proceeds of such a disposition
                                         would be restricted for use to acquiring other farmlands
                                         under the ARP. -


                    7.     How would farmland be selected for inclusion in
                           the program?


                                         The interested farmland owner would complete and
                                         submit an ARP application form, together with the
                                         necessary plat(s), deed(s), etc. to the Board. After the
                                         application process has been satisfactorily completed, the
                                         applicant's farmland would be scored according to a set of
                                         site-assessmentcriteria. The Board will have appraisals
                                         done for those farmland tracts ranking highest according to
                                         the selection criteria. The individual scores determine the
                                         order by which offers for development rights will be made.
                                         Offers are non-negotiable; the Board will not pay more for
                                         the development rights than the appraised market value.

                    8.     How long would the ARP process take?


                                         The acquisition process will take about six months from
                                         the time a landowner submits his application to final
                                         action.



                                         Virginia Beach Agrh-ultural Reserve Program                21











                  9.     What are the site assessment criteria?


                                      Agricultural conservation programs rely on a number of
                                      criteria by which candidate lands are asse ssed and ranked.
                                      Many programs examined throughout the United States
                                      rely greatly upon soils evaluations as a major component
                                      in their evaluations.


                                      Virginia Beach has examined the LESA (Land Evaluation
                                      and Site Assessment System of the US Department of
                                      Agriculture) and has found that the Land Evaluation
                                      component is not a reliable measure for our area. The
                                      topography in the agricultural area of Virginia Beach is
                                      nearly level; the parent source for our soils is sand
                                      eliminating many of the problems of rocks in other regions,
                                      and; our soils do not perform in uniformity from crop to
                                      crop. For example, soils which are suitable for sweet
                                      potatoes or tomatoes have only moderate potential for
                                      raising corn.


                                      The proposed criteria, with the associated point values, for
                                      assessment of farmland, cropland, and forestal lands under
                                      the Virginia Beach Agricultural Reserve Program are listed
                                      below. The higher the rating, the higher a farm will be on
                                      the list for offers. A total of 1,000 points is possible.













                                      Virginia Beach AgricWtural Reserve Program               22









                              A.      Farm Size - 100 points potential.


                                             The farm parcel size     varies in Virginia Beach from under 5
                                             acres to just under 1,000 acres, but over 73 percent of the
                                             tracts are under 50 acres in size. Points are assigned
                                             according to size of farm, decreasing as the size of the
                                             farmland decreases.


                                                     50 acres oi- more -           100 pts.
                                                     40 to 49 acres -               80 pts.
                                                     30 to 39 acres -               60 pts -
                                                     20 to 29 acres -               40 pts.
                                                     10 to 19 aczes -               20 pts.
                                                     0 to 9 acres -                  0 pts.


                              B.      Distance from Urban Improvements - 100 points potential.

                                                                                                       I

                                             Points assigned I-or distance from or lack of urban type
                                             development orinfrastructure on adjacent tracts.


                                                     no existini
                                                                g or platted
                                                     subdivision -                  25 pts.
                                                     no municipal water -           25 pts
                                                     no municipal sewer -           25 pts.
                                                     no public roadway
                                                     adjacent to tract      -       25 pts.


                              C.     Pressure for Conversion - 100 points potential.

                                             Points assigned according to the, degree of probability of
                                             conditions to have conversion occur.


                                                     age of property owner -        25 pts.
                                                     forced sale pending -          25 pts.


                                             Virginia Beach Agricultural Reserve Program                       23









                                              estate settlement -         25 pts'.
                                              personal hardship -         25 pts.


                          D.     Location/Adjacent Conditions - 200 points.


                                        Points assigned if adjacent or contiguous properties have
                                        acquired easements or have been identified as natural or
                                        conservation areas. 200 points is assigned for any of the
                                        conditions.


                                              acquired easements
                                              conservation lands
                                              natural area


                          E.     Capital Investment - 100 points potential.


                                        Points assigned in relation to the amount of capital and
                                        degree of improvements the landowner has invested for
                                        agricultural purposes. This is a measure of how high the
                                        viability of the farming operation is.


                                              barns
                                              ponds
                                              irrigation
                                              fencing
                                              drainage
                                              grain storage and handling facility
                                              livestock facilities


                          F.     Cultural Significance - 100 points potential.

                                        Points assigned according to cultural significance of the
                                        site and its building improvements.



                                        Virginia Beach Agricultural Reserve Program               24









                                                    historic building -           25 pts.
                                                    ownership history -           25 pts.
                                                    archaeological site -         25 pts.
                                                    architectural significance -  25 pts.


                              G.     Economic Importance -- 100 points.


                                             Points assigned if the loss of the farm operation would
                                             have a negative impact upon local economy. For example,
                                             loss.of an active farmer, unique farm service facility, or
                                             specialty product.


                              H.     Environmental Impact - 100 points potential.

                                             Points assigned according to land's compatibility with
                                             surrounding existing land uses and potential negative
                                             impact upon adjacent areas with change in use.


                                                    Protected. areas - 25 pts.
                                                    Floodways - 25 pts.
                                                    Wildlife habitat - 25 pts.
                                                    Wetlands - 25 pts.


                              L      Specialty Products - 100 points potential.


                                             Points awarded if product produced is a specialty product
                                             like Christmas trees, aquaculture, strawberries, etc.

                      10.     Would the landowner have only one chance to enter
                              the program?


                                             No. Applications would be accepted on a year-round basis
                                             and remain under consideration until a farmer chooses to
                                             withdraw.



                                             Virginia Beach Agrkultural Reserve Program                      25










                    11.    Would the landowner have to offer all of his
                           property?


                                         No. They may offer to sell all or any part of the property


                    12.    What would happen if the landowner sold his
                           development rights and then decided to change the
                           type of farming or quit farming all together?


                                         Nothing in this program. requires the landowner to farm
                                         his property. Selling development rights simply restricts
                                         the landowner or anyone else from developing the
                                         property for. nonfarm purposes. If the landowner wished to
                                         change his type of farming, he would be perfectly free to
                                         do so. If he didn!t want to farm the property at all, he
                                         would be free to lease it to someone else to farm, sell it, or
                                         just let it lie idle. The only restriction on the landowner or
                                         any subsequent owner is that the property cannot be
                                         developed for nonfarm purposes. In other words, even if
                                         the landowner sold the property, the restriction against
                                         development would continue with the- land.


                    13.    What restrictions would be placed on land in the
                           Agricultural Reserve Program?


                                         Once the development rights had been purchased, no non'-
                                         farm development could take place on the land. However,
                                         the owner can exclude certain lands for provision of future
                                         homesites to meet their needs at the time of sale.


                                         The Board would have to decide in cases where
                                         agricultural sales, agricultural pr ocessing, or other
                                         agricultural related uses of the land are proposed whether



                                         Virginia Beach Agricultural Reserve Program                  26









                                         such uses are in keeping with the purpose and intent of
                                         the program.


                                         The mineral rights would be retained by the landowner,
                                         but the program forbids excavation, dredging, or removal
                                         of loam, peat, gravel, soil or other mineral substance in
                                         such a manner as to adversely affect the land's overall
                                         future agricultural potential.


                     14.   Would this program exclude development of bed
                           and breakfasts, eco-tourism, agricultural tourism,
                           and like pursuits?


                                         No. Small business development which complements this
                                         program is encouraged as long as the future agricultural
                                         potential of the farmland is not adversely affected.


                    15.    What if the landowner did not sell his development
                           rights? Would the City stop him from developing
                           theland?


                                         If the landowner did, not sell his development rights, he
                                         would retain all. the rights to development subject to the
                                         same zoning, subdivision, and building code restrictions as
                                         other landowners.


                    16.    Could the City build on the acquired property or
                           sell the development rights to someone else to build
                           on the acquired property?


                                         No. Once the City paid for the development rights, the
                                         rights would be held in public trust and could not be used
                                         by anyone without the owner's consent. The taxpayers are



                                         Virginia Beach Agricultural Reserve Program                27








                                      paying the landowner not to develop because they want
                                      the land to remain undeveloped.

                   17.   Would this mean the public has a right to come on
                         the landowners property? -                                                       I
                                      No. Even though the landowner sells his development
                                      rights to his land, it does not become public property. It is
                                      still the landowner's private property and subject to the
                                      laws of trespass. The general public could not enter the
                                      property without the landowner's permission.

                   18.   If a landowner sold the development rights, could
                         the land still be taken by eminent domain for
                         something like a high school site?


                                      Protection from this could be part of the program. If a
                                      farmland owner agrees voluntarily not to develop his land
                                      for non-agricultural purposes, then the city should like-
                                      wise give a package of protection to the agriculture
                                      landowner.


                   19.   How would selling development rights affect the
                         landowner's standing in the Use Value Taxation
                         program?


                                      If the property is already enrolled in the Use Value
                                      Taxation program, selling the development rights will not
                                      affect the landowner"s standing in that program, nor would
                                      it change the tax assessment he pays under that program.
                                      If the landowner is in the program, he is already being
                                      taxed on:what the state considers to be the "current use" or
                                      the agricultural value of the property. If he is not now in



                                      Vi?ginia Beach Agricultural Reserve Program              28








                                      the program, selling the development rights would not
                                      change his ability to enter the program.


                   20.   If a landowner is buying his property on contract or
                         has a mortgage, could he still enter the program?


                                      Yes. The type of contract or mortgage tha t the landowner
                                      holds would determine the terms of his transaction with
                                      the City.


                   21.   What has been the experience of farmers who try to
                         obtain loans once the development rights have been
                         sold?


                                      In other programs, this has not been a problem. That goes
                                      back to the bank's loaning on the ability of the farm to pay
                                      off the loan based on its farm income. If the value is there,
                                      then banks will make the loan. In fact, most times after the
                                      development rights are sold, the money is used to improve
                                      the farming operation, which enhances its farm value and
                                      thus the ability W get more loans.


                   22.   Could the landowner repurchase his development
                         rights?


                                      After a period of twenty-five years from the date the
                                      development rights were purchas  ed, the landowner could
                                      request a review for repurchase by the Board. The
                                      repurchase would be at the current fair-market value. If
                                      the Board found that because of changed circumstances
                                      that the development rights should no longer be reserved,
                                      it could approve the repurchase.





                                      Virginia Beach Agricultural Reserve Program              29










                  23.    What would be the incentives for landowners to
                         enter into the program?


                                      The program would provide a way for a landowner to
                                      cash in on the development value of his land while still
                                      being able to retain the land for farming. In cases where
                                      inheritance taxes might force the sale of a farm, sale of
                                      development rights might bring enough cash to allow the
                                      heirs to continue farming. Other incentives include:


                                             possible reduction of property taxes;
                                             possible extra capital which could be used for
                                             purchasing additional land, making improvements
                                             in present operations, or for any other purpose the
                                             landowner chooses;
                                             the assurance that other farms around them in the
                                             program would continue to be farmed for at least 25
                                             years;
                                             stability in agriculture and the feeling that the state
                                             and city care about farmers and farming; and
                                             present farmers who are farming on rented land (or
                                             new farmers) would be better able financially to
                                             purchas e land for farming. A seller naturally wants
                                             top dollar for his land and the appraisal for our
                                             program would reflect that top dollar value. The
                                             ARP would pay the seller for the development
                                             portion, the buyer (possibly a farmer who is now
                                             renting land) would pay the seller for the
                                             agriculture portion, so the seller would come out the
                                             same as if he sold the land to a developer.







                                      Vir@#nia B=h Apimitural Reseme P?vgram                   30









                   24.   Is there another program like this in Virginia?


                                       No. While purchase of development rights programs are in
                                       place in other parts of the country, there are no programs
                                       in Virginia. North. Carolina has two programs like this, one
                                       in Forsyth County and another, based upon it, was
                                       initiated in Wake County in 1989.


                   25.   Is the City empowered to purchase development
                         rights under state law?


                                       Yes, the City is fully authorized to purchase fee simple
                                       interest or partial interest in land.


                   26.   How will the Agricultural Reserve Program be
                         funded?


                                       Bonds are frequently used in other programs because they
                                       can be issued over a period of time as farmland owners
                                       apply for and arc? accepted into the program. Other
                                       possible sourcesof funding include  applying particular
                                       sources of revenue to this program such as the roll-back
                                       tax, the land use tax, or applying proffers from conditional
                                       use permits. Funding tied to the real estate transfer tax has
                                       the appeal that as development, activity increases and the
                                       pressure to convert farmland increases, funds to protect
                                       some of that farmland would also increase. The farmers
                                       may participate in a product assessment fee or check-off
                                       program.


                                       The Committee feels there is some urgency in getting this
                                       program established, and funding through a bond issue
                                       this fall. Supplemental or matching funds from other
                                       governmental agencies or private sources (gifts, grants)


                                       Vi?ginia Beach Agricultural Reserve Program               31








                                       may become available to pay a portion of the cost'Of
                                       acquiring development rights. The Commonwealth of
                                       Virginia is encouraged to support the City of Virginia
                                       Beach Agricultural Reserve Program as a pilot program for
                                       the rest of the state by appropriating matching funds.

                   27.    Is the ARP the solution to preserving farmland?


                                       The Agricultural Reserve Program, with the support and
                                       participation of the local farm community, is one element
                                       of a comprehensive program to address the challenges of
                                       the modem agricultural industry. In Virginia Beach, if the
                                       program is well administered and adequately funded, it
                                       can begin to reverse the steady conversion of farmland to
                                       non-farm uses that we have seen in recent decades. The
                                       ARP, though, must be supported by existing programs and
                                       policies, and by other economic and pohcy initiatives if
                                       Virginia Beach is to have an effective program for the
                                       preservation of farms and farmland.






















                                       Virginia Beach Agricultural Reserve Program               32












            APPENDIX A
            SOUTHERN WATERSHEDS MAP















                                                      Ltz
































                                    Virginia Beach Agricultural Reserve Program           35










          APPENDIX A
          SOUTHERN WATERSHEDS MAP - LEGEND






                               Transition Areas 1, 11, and M





                               Surface Water and Conservation Lands






                               Roads





                               Farm lands eligible for Agricultural Reserve Program






















                                   Virginia Beach Agricultural Reserve Program           36











            APPENDIX B
            OTHER FARMLAND PROTECTION PROGRAMS



            State-sponsored Programs


                                      State-sponsored programs for purchase of development
                                      right programs were started as early as 1977 in Maryland
                                      and Massachusetts. The New England states embraced this
                                      tool as a region, and there are programs in Connecticut,
                                      Maine, New Hampshire, Rhode Island and Vermont.
                                      Maine and Vermont are multi-purpose land acquisition
                                      programs. New Jersey initiated a state program Uil 1981,
                                      and Pennsylvania began theirs in 1989.


                                      The state programs are funded in a variety of ways
                                      including bonding, general appropriations, transfer taxes
                                      and local matches. Some programs use more than one
                                      source of funds. By the end of 1991, in excess of $350
                                      million dollars were expended on the purchase of
                                      development rights through the nine states programs.


                                      Currently, eleven states have purchase of development
                                      rights programs in effect: California, Connecticut,
                                      Delaware, Maine, Maryland, Massachusetts, New
                                      Hampshire, New Jersey, Pennsylvania, Rhode Island, and
                                      Vermont.


            LocallCounty Programs


                                      Suffolk County, New York started the first local program
                                      in the east in 1976, funding their program through bonds
                                      and local matching funds. King County, Washington
                                      started a program in 1979 funded through general


                                      Virginia Beach Agricultural Reserve Program             37









                                       obligation bonds. In California, six counties fund local
                                       programs through Proposition 70, a statewide bond issue.
                                       Marin County, Califon-da funds their program through
                                       state bonds, a property tax, and the California Coastal
                                       Conservancy.


                                       Local programs, operating independently from state
                                       programs are found in twelve states: California, Colorado,
                                       Connecticut, Maryland, Massachusetts, New Hampshire,
                                       New Jersey, New York North Carolina, Pennsylvania,
                                       Vermont, and Washington.


            Other Tools


                                       All fifty states have enacted both tax relief programs and
                                       Right-To-Farm laws. Fifteen states, including Virginia, have
                                       Agricultural Districting regulations. Only nine states have
                                       enacted Growth Management Plans or zoning. Forty-six
                                       states have legislation enabling conservation easements.
                                       Twenty-eight states use the Land Evaluation and Site
                                       Assessment Systems (LESA).



















                                       Virginia Beach Agricultural Reserve Program                38











            APPENDIX C
            COMPLEMENTARY LOCAL PROGRAMS



            Albemarle - Pamlico Estuarine Study
                                    Funded jointly by US Environmental Protection Agency
                                    and the State of North Carolina. Local coordination by the
                                    Hampton Roads Planning District Commission
            'Back Bay - North Landing River - Northwest River Focal Area of the Atlantic Coast
            joint Venture of the North American Waterfowl Management Plan
                                    Coordinated by the Virginia Joint Venture Board


            Conservation and Restoration Program for the North Landing River Wetland System
                                    Coordinated by the Virginia Department of Conservation
                                    and Recreation, Division of Natural Heritage


            Control of Common Reedgrass in the Southern Watersheds Demonstration Project
                                    Coordinated by the Virginia Department of Conservation
                                    and Recreation, Division of Natural Heritage


            Natural Areas Inventory of the City of Virg,=-a Beach
                                    Funded by the Virginia Council on the Environment's
                                    Coastal Resources Management Program through National
                                    Oceanographic and Atmospheric Administration and the
                                    City of Virginia Beach


            Southern Watersheds Habitat Committee
                                    Coordinated by the Hampton Roads Planning District
                                    Commission


            Stormwater Monitoring Program on BackBay National Wildlife Refuge
                                    Coordinated by the U.S. Department of Interior, Fish and
                                    Wildlife Service



                                    Virginia Beach Agricultural Reserve Program           39










           The North Landing and Northwest Rivers Conservation Project
                                    A jointprogram by the Virginia Department of
                                    Conservation and Recreation and The Nature Conservancy


           The North Landing River Natural Area Preserve
                                    A joint program by the Virginia Department of
                                    Conservcation and Recreation and The Nature
                                    Conservancy


           Virginia Beach Ca pital Improvements Plan
                                    Funding for identified projects


           Virginia Beach Comprehensive Plan
                                    Official statement of the City of Virginia Beach regarding
                                    physical development and planning policy


           Virginia Beach Outdoors Plan
                                    Draft statement of Virginia Beach policy regarding the
                                    planning, protection, design, development, financing,
                                    construction, management, and mainte;nance of its natural
                                    and recreational resources


           Virginia Beach Rural Preservation Plan of the Comprehensive Plan
                                    Proposed change to the adopted Comprehensive Plan


           Virginia Beach Scenic Waterway System
                                    Includes the North Landing River and West Neck Creek.
                                    Funds available for site and access development

           Virginia Beach Southern Watersheds Plan of the Comprehensive Plan
                                    Governs,standards for change of use in the agricultural
                                    districts of the Southern Watersheds area




                                    Virginia Beach Agricultural Reserve Program            40



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                                                                                                                                                                                                   SEASHORE STATE PARK
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                                                                                                                                                                                                  a Registered National Natural Landmark
                                             Illustration by Sandra Koury
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                                                                                                                                                                                                   NATURALAREA PRESERVE

                                 Printed On Recycled Paper
                                 Help Us Recycle By Sharing
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                                                 SEASHORE STATE PARK AND NATURAL AREA











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                                                                     Aim                                                                             NORTH LANDING RIVER NATURAL AREA PRESERVE




    This National Natural Landmark
                                                                                                                                                                                           Sc
    offers recreational activities along
    with an opportunity to explore
    unique habitats featuring lagoons,
    large cypress trees and rare plants.
    More than 19 miles of scenic hiking
    trails wind through the natural area, and visitor center
                                                                                             FALSE CAPE,   STXI`E PARK
    exhibits explain much about this coastal environment.
    Housekeeping cabins, campsites, picnic areas, boat                      One of the few remaining undeveloped areas along the
    ramps and a bicycle trail are offered in the park.                      Atlantic coast, False Cape -offers a chance to experience               This designated state scenic river provides excellent
                                                                            nature in a one-of-a-kind setting. A huge migratory bird                canoeing with breathtaking scenery. One of d-le
                                                                            population and a variety of wildlife, plants and trees                  largest and most significant natural area preserves in
                                                                            make the park an outdoor living museum. A pontoon                       Virginia, the North Landing River Natural Area
                                                                            boat and canoes are available for on-water educational                  Preserve protects some of the finest remnant pocosins
                                                                            activities. An environmental education resource center is               on Virginia's Coastal Plain. This unique wedand
                                                                            available for day and ovemight rental for group                         community, forested swamps and freshwater tidal
                                                                            environmental education activities. Hiking, biking and                  marshes support as many as 27 rare species. The area
                                                                            primitive camping are favorite activities. The park is                  also provides important habitat for breeding and
                                                                            accessible by hiking, biking or boating.                                wintering waterfowl.








                                                                                                                              NOAA COASTAL SERVICES CTR LIBRA



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