2002 maryland environmental trust annual report maryland environmental trust

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    Maryland Environmental Trust2 0 0 2 A N N U A L R E P O R T

    Photo by Jim Highsaw

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    Conservation is sometimes perceived as stopping everything cold...

    the choice is not between people or wild places;

    it is between a rich or an impoverished existence for man.

    Thomas Lovejoy

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    The past few years have been extraordinary onesfor land conservation in Maryland. Land trusts andconservation agencies have seen the annual totals of

    acreage preserved increase to unprecedented levels.The rate of land preservation for the last few yearshas outstripped the rate at which land is developedand subdivided.

    In large part, this is due to liberal state andcounty funding for the purchase of easements.Through the Department of Natural ResourcesRural Legacy, Open Space, and GreenPrint

    programs, and the Maryland Agricultural LandPreservation Program (MALPF), run by theDepartment of Agriculture, many thousands ofacres of valuable land have been saved.

    It is also worth noting that many public-minded landowners have sold easements for less thanthe full value determined by appraisal. In so doing,they have generously allowed funds to be made

    available to a larger number of landowners. Thesebargain sales have also allowed the sellers ofeasements to take advantage of tax deductions that

    shelter the income they receive for their easements.Finally, aided in part by the recently-enactedIncome Tax Credit for donation of easements to theMaryland Environmental Trust (MET) andMALPF, the number of acres of easements METpreserved this year is a record.The Tax Credit greatly increases the financialincentives for easement donation by middle-income

    landowners. For husband and wife, up to $160,000may be returned to the landowner in the form ofincome tax credits when an easement is donated.

    Although the current state budget shortfallmeans that funding for easement purchase will bemuch tighter for the foreseeable future, we lookforward to many more years of successful landpreservation.

    John BernsteinDirector

    Letter from the DirectorAmending and Improving MET Easements

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    The mission of the Trust isfound in Natural Resources Article3-201, subtitle 2 of the Annotated

    Code of Maryland:There is a Maryland

    Environmental Trust established to

    conserve, improve, stimulate, and

    perpetuate the aesthetic, natural, health

    and welfare, scenic, and cultural

    qualities of the environment, including

    but not limited to land, water, air,wildlife, scenic qualities, open spaces,

    buildings or any interest therein, and

    other appurtenances pertaining in any

    way to the State. Through educational

    and other means, the Trust shall

    encourage and motivate the populace of

    the State and others to do so and shall

    promote the continuing interest in and

    the study of these matters. The purpose

    of the Trust is of general benefit to the

    citizens of the State, and it is charitable

    in nature.

    MissionConservation Easement Program

    The primary focus of the Trust is the protection

    of land from development through donatedconservation easements. A conservation easementis a perpetual legal agreement between a landownerand the Trust, ensuring that a property shall not bedeveloped (or subdivided) beyond a limit agreedupon by both parties. The land is thereby protectedand preserved; the landowner retains all rights ofownership and privacy. An easement is binding on

    all future landowners and may lead to significantincome, estate, and property tax benefits.

    Description of ProgramsLocal Land Trust Assistance

    The Trust assists citizen groups in the formation

    and operation of local land trusts by offering training,technical assistance, administrative and projectgrants, and membership in the Maryland Land TrustAlliance. Conservation easements may be jointly heldwith the Trust and a local land trust.

    Keep Maryland Beautiful

    Through such incentives as the Bill JamesEnvironmental Grant and the Margaret Rosch Jones Award, the Keep Maryland Beautiful(KMB) program focuses on environmentaleducation projects.

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    Moses easement on Little Falls, Baltimore County

    photo:JimHighsaw

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    Pennterra, Frederick County

    photo:BarbaraLevin

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    Through donations, the Trusts ConservationEasement Program protected over 60% of the 1,033total acres preserved on the Eastern Shore. Sevenlandowners donated conservation easements on 655acres in four eastern shore counties. Talbot Countyled the way with 470 acres protected including apost-mortem donation to Eastern Shore LandConservancy and MET by an estate on 260 acresalong Bollingbrook Creek and the ESLCs Con-servation Reserve Enhancement Program/METcombined easement overlay on 81 acres, which were

    then conveyed to the Town of St. Michaels for pub-lic use. In addition, MET protected 20 acres alongLaTrappe Creek and then with the ESLC, 109acres along Harris Creek. In Dorchester County,the Trust accepted its first easement along BriaryCove on 24 acres, then coordinated with theESLC to protect 94 acres southeast of Preston. InWicomico County and in cooperation with the

    Lower Shore Land Trust, MET Board member K.King Burnett and his wife Esther Burnett preserveda 68-acre woodlot. With this second easement do-nation, the Burnetts have protected 93 acres, in-cluding their 25-acre home farm. Through theRural Legacy Programs purchased conservationeasement program, and also in cooperation withthe ESLC, 292 acres of prime farmland and wood-

    land buffers were protected in the MarshyhopeRiver Rural Legacy Focus Area.

    EASTERN REGION

    Smith Cove off little Choptank River, Dorchester County

    photo:JohnHutson

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    853

    822

    12,228

    31

    2101

    3321

    8224831

    4943

    8703

    6632

    474

    2830

    1147

    7856

    2115

    281

    7001

    3309

    3242

    9680

    3927

    1461

    5046

    MET EasementsAcross Maryland

    Cumulative Number of Acres Per County

    Cumulative Easement Acreage

    Cumulative Number of Easements

    10000

    80000

    70000

    60000

    50000

    40000

    30000

    20000

    100

    600

    500

    400

    300

    200

    1972

    1973

    1974

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    1976

    1977

    1978

    1979

    1980

    1981

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    1987

    1988

    1989

    1990

    1991

    1992

    1993

    1994

    1995

    1996

    1997

    1998

    1999

    2000

    2001

    2002

    1972

    1973

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    1977

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    1980

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    1986

    1987

    1988

    1989

    1990

    1991

    1992

    1993

    1994

    1995

    1996

    1997

    1998

    1999

    2000

    2001

    2002

    ACRES

    EASEMENTS

    90000

    700

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    South Grays Bog, Anne Arundel County

    photo:JohnHutson

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    After the success of the Maryland Income Tax Credit fordonation of conservation easements successfully passed throughthe Legislature last year, this year has been a quiet one for MET-related legislation. The Tax Credit allows a husband and wife totake a credit of up to $10,000 per year against Maryland incometaxes owed. It can be carried forward for 15 years, allowing atotal tax credit of $160,000. In a typical example this tax creditincreased the net savings due to an easement donation from ap-proximately $57,000 to $110,000.

    In the coming year, MET has several legislative priorities. How-ever, with current deficits, it is unlikely that the Legislature willentertain any proposal that creates a new drain on state resources.In that context, MET plans to explore the following:1) Expansion of the Maryland Income Tax Credit. Create an

    alternative track for tax credits, increasing the maximum credit(to, say, $12,500 per year per taxpayer) but decreasing thelength of the carryforward so that the total tax loss to theState is not increased.

    2) Transferability. Several states have enacted tax credits which

    are transferable. This allows a landowner who cannot takeadvantage of the tax credit to transfer it to another taxpayerin return for a cash payment.

    3) Property Taxes. Most MET easement donors are eligible foragricultural use assessment, which keeps their property taxesvery low. In addition, donors receive a 100% rebate of prop-erty taxes on the unimproved portion of their properties for15 years after donation. MET intends to propose legislation

    that mandates that all MET donors receive the lowest agri-cultural assessment possible.

    FY 2002 Legislation

    Years 1-6 Years 7-16

    Adjusted Gross Income Before Easement $90,000 $90,000

    Annual Deduction for Easement Donation ($27,000) ($0.00)

    Adjusted Gross Income After Easement $63,000 $90,000

    Estimated Tax without Easement $24,227 $24,227

    Method 1 -

    Estimated Tax With Easement $14,679 N/AUsing Federal & State Deductions

    Method 2 -Estimated Tax Using $12,536 $20,096Federal Deduction & State Credit

    Method 1 - Annual Tax Savings $9,548 N/A

    Method 2 - Annual Tax Savings (Tax Credit) $11,691 $4,131

    TOTAL ESTIMATED TAX SAVINGSMethod 1 - $57,288 (35% of donation) ORMethod 2 - $111,456 (74% of donation)In a typical example this tax credit increasedthe net savings due to and easement donation

    from approximately $57,000 to $110,000.

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    General Fund50%

    SpecialFund 40%

    Reimbursable 10%Fund

    Number of Authorized Positions 10.70

    Salaries, Wages and Fringe Benefits $529,715

    Total Operating Expenses 412,202(includes grants, contractual services,communications, travel, equipment,supplies and materials)

    Total Expenditure 957,942

    FUND SOURCESNet General Fund Expenditure 473,327

    Special Fund Expenditure 387,293

    Reimbursable Fund Expenditure 97,322

    TOTAL 957,942

    Appropriations StatementFISCAL YEAR 2002

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    Staff

    Dorothy Smith, Secretary Lisa Holmes, Secretary

    Shirley Massenburg,Administrator

    Diane Chasse,Natural Resources Planner

    Nick Williams, Local Land Trust CoordinatorJim Highsaw, Easememt Program Manager

    Jonathan Chapman, Monitoring CoordinatorBarbara Levin, Natural Resources Planner

    John Hutson,Natural Resources Planner

    John Bernstein, Directorphotos:S

    hirleyMassenburg

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    MARYLAND ENVIRONMENTAL TRUST

    100 COMMUNITYPLACE 1ST FLOOR

    CROWNSVILLE, MARYLAND21032-2023

    www.conservemd.org

    410-514-7900 877-514-7900