* Audubon New York * The Catskill Center for Conservation & Development * Citizens Campaign for the Environment * Environmental Advocates of New York * Hudson Highlands Land Trust * Land Trust Alliance * League of Women Voters of New York State * New York League of Conservation Voters * North Shore Land Alliance * Preservation League of New York State * Saratoga P.L.A.N. * Scenic Hudson * The Nature Conservancy * Westchester Land Trust *

Governor Spitzer Signs Historic Land Preservation Bill into Law

Hudson Valley Community Preservation Law Designed to Cover Counties Statewide in Future

(Albany, NY)—New York Governor Eliot Spitzer signed the landmark Hudson Valley Community Preservation Act into law yesterday. The legislation will give municipalities in Westchester and Putnam counties the power to create funds to protect natural and historic heritage when and if local voters choose to do so.

“I am pleased that the Governor recognized the many benefits of this legislation,” said Assemblyman Adam Bradley (D-White Plains). “The Hudson Valley Community Preservation Act creates a crucial mechanism to help local communities protect and preserve their own natural resources and historic sites. It is a model which can and should be replicated statewide. I am proud that my hard work has led to this historic opportunity for Westchester and Putnam counties,” Bradley continued.

“I am pleased to see that the Governor has signed this historic conservation and preservation bill into law.  The communities of Putnam and Westchester Counties deserve to have the choice as to how they wish to proceed in matters of protecting and enhancing their environment," said Senator Vincent Leibell (R-Brewster).

An offshoot of one of the environmental community’s priority Super Bills, the statewide Community Preservation Act, the Hudson Valley law gives municipalities in Westchester and Putnam counties the power to create funds to protect natural and historic heritage when and if local voters choose to do so. The bill was sponsored by Vincent Leibell in the New York State Senate and Adam Bradley in the Assembly. Their combined leadership was critical to ensuring passage of the measure.

“The Hudson Valley Community Preservation Act will give Westchester and Putnam counties an innovative tool to protect their natural areas and historic integrity for generations to come,” said Katherine Nadeau, Water & Natural Resources Program Associate, Environmental Advocates of

New York. “By giving New York communities—particularly those most threatened by over-development—the power to design their own destiny through open space protection and farmland and historic preservation, and providing a funding mechanism to support these endeavors, New York State is saying loud and clear that our natural heritage matters.”

“This bill breaks new ground. It will provide residents of the two counties an important new tool in the fight against sprawl—the ability to finance a local preservation fund and to use it to protect the things that make their community a special place—open space, working farms, natural areas and also historic sites and main streets,” said Ruth Bonn, Land Use Specialist, League of Women Voters of New York State.

"Westchester and Putnam residents, who have been working for years to protect land, now have another important tool to help them," said Tom Andersen, Westchester Land Trust's communications director. "Governor Spitzer, Senator Leibell and Assemblyman Bradley are to be commended for turning the Hudson Valley Community Preservation Act into law."

“The Nature Conservancy commends Governor Spitzer for signing the Hudson Valley Community Preservation Act, which will give municipalities in the Hudson River Valley counties of Putnam and Westchester the ability to implement a program that has proven effective in other areas of the state as they work to preserve open space, critical habitats, working landscapes, and community character,” stated Jessica Ottney, director of state government relations for The Nature Conservancy in New York. “This new law will have permanent benefits for these communities that will be visible as New Yorkers continue to admire the Hudson Valley landscape for generations to come,” Ottney continued.

“For too long, communities in Westchester and Putnam counties have not had the means to balance development with their desire to retain open space and historic character. Thanks to Governor Spitzer’s leadership, the Hudson Valley Community Preservation Act can now help achieve that balance, and serve as a model for other areas around the state that face similar challenges,” said Marcia Bystryn, executive director of the New York League of Conservation Voters.

“It’s great to have our elected representatives in Albany work so hard on behalf of the residents in the Hudson Valley who will benefit from this important legislation,” said Andy Chmar, executive director of the Hudson Highlands Land Trust, based in western Putnam County. “We look forward to working with municipal leaders and residents in towns throughout Putnam and Westchester so each has the opportunity to establish their own much needed Community Preservation Funds.”

“New York’s land trusts applaud Governor Spitzer and the legislature for the Hudson Valley Community Preservation Act. It will bolster the ability of communities in Westchester and Putnam Counties to save the lands their citizens deem worthy of permanent protection—the nature preserves, community gardens, recreational areas, farmlands, scenic vistas, and town forests the people living in those communities love best and want future generations to enjoy,” said Lynn Schumann, Northeast Director, Land Trust Alliance.

“Audubon New York applauds Governor Eliot Spitzer for signing this important smart growth measure into law,” said Albert E. Caccese, executive director of Audubon New York. “The Hudson Valley Community Preservation Act allows towns in Westchester and Putnam Counties to determine for themselves, and with the support of their citizens, how the important open spaces and community assets will be protected.  We congratulate Senator Vincent Leibell and Assemblyman Adam Bradley for their bipartisan effort in shepherding the bill through the legislative process.”

“One hundred thousand acres of land in the Hudson Valley must be protected in the next decade at a cost of approximately $1 billion to insure safe drinking water, local farms, access to parkland and the protection of landscapes that define the character of our communities. Governor Spitzer's leadership on the Community Preservation Act is an important step forward to achieve smart growth and unite economic development with environmental protection,” said Andy Bicking, Director of Public Policy and Special Projects, Scenic Hudson.

“Citizens Campaign for the Environment commends Governor Spitzer for signing this historic legislation,” stated Emmett Pepper, Hudson Valley program director for Citizens Campaign for the Environment. “The Hudson Valley Community Preservation Act empowers municipalities in the lower Hudson Valley to create a sustainable future and protect the character of the community.”

“Municipalities in Putnam and Westchester counties are blessed with an extraordinary diversity of historic structures and landscapes, and Governor Spitzer continues to earn high marks for historic preservation by signing into law this program that offers communities a locally-controlled funding source to guide their preservation and protection," said Jay DiLorenzo, president of the Preservation League of New York State. "The success of this program will be valued and visible by communities throughout the Hudson River Valley." 

“Seeing a Hudson Valley Community Preservation Act signed into law by Governor Spitzer is a great next step for communities in the lower part of the Hudson Valley Region to preserve their character and resources,” said Tom Alworth, executive director of The Catskill Center for Conservation and Development. “There’s tremendous interest in Catskill communities to have this tool available to them in the future.” 

Without a statewide Community Preservation Act, the Hudson Valley law breaks the legislative logjam for communities statewide looking to set up similar funds. Currently, most New York
municipalities must seek the permission of the Governor and the State Legislature before establishing a preservation fund, as Chatham and Fishkill did during the 2007 NYS Legislative Session. In a state whose constitution is predicated on home rule, it makes sense that New Yorkers decide for themselves how best to protect their heritage.

The Fishkill and Chatham community preservation acts authorize those towns to seek voter approval to establish their own preservation funds. Under the three laws, municipalities must put the creation of preservation funds to a local referendum. If passed, resources for the funds would be generated by a real estate transfer fee of up to two percent on the sale of homes above the median for that area, as determined by the state.

Warwick, Red Hook and five towns on the East End of Long Island have either created their own funds or are in the process of doing so. Funds on Long Island have proven incredibly successful; funds created in these East End communities have generated more than $400 million to preserve remaining open space and farmland to date.

Towns can use community preservation funds to acquire easements or property outright or to preserve community character, including, but not limited to: parks, nature preserves, recreation areas, open space, agricultural lands, lands of exceptional scenic value, marshes or wetlands, aquifer recharge areas, undeveloped beach lands or shoreline, wildlife refuges, unique or threatened ecological areas, natural river areas, forested lands, public access, stream rights, historic places and properties listed on the Historic Register or protected under a municipal historic preservation law, or lands to establish a greenbelt. For more information about community preservation, visit www.savenys.org.

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The Campaign for Community Preservation supporters include:

1 in 9 Coalition, Adirondack Council, Adirondack Mountain Club, Agricultural Stewardship Association, American Farmland Trust, Audubon Society of New York, Battenkill Conservancy, Brewster's Institute for Environmental Stewardship, Catskill Center for Conservation and Development, Citizens Campaign for the Environment, Citizens for Open Space of Goshen, New York, Coastal Preservation Network, Columbia Land Conservancy, Concerned Residents of Southeast, Dark Sky Society, Dutchess Land Conservancy, East End Forever, Eden Conservation Board, Environmental Advocates of New York, Environmental Defense, Environmental Voters Forum, Federated Conservationists of Westchester County, Finger Lakes Land Trust, Fishkill Ridge Caretakers, ForSomers.org - Smart Growth, Friends of the Bay, Highlands Coalition, Hudson Highlands Land Trust, Hudson River Sloop Clearwater, Incorporated Village of Brewster, Lake George Land Conservancy, Land Trust Alliance, League of Women Voters, Long Island Pine Barrens Society, Long Island Environmental Voters Forum, Marbletown Environmental Conservation Commission, Mohawk Hudson Land Conservancy, Natural Resources Defense Council, New York Farm Bureau, New York League of Conservation Voters, New York State Association of Towns, New York-New Jersey Trail Conference, North Shore Land Alliance, Northeast Organic Farmers Association of New York, Open Space Institute, Orange County Land Trust, Parks & Trails New York, Peconic Land Trust, Preservation League of NYS, Putnam County Coalition to Preserve Open Space, Putnam County Land Trust, Putnam Smart Growth Alliance, Putnam Valley Residents Coalition, Ramapo River Committee, Red Hook Community Preservation Alliance, Regional Planning Association, Riverkeeper, Inc., Rondout Valley Grower's Association, Saint Peter Damian Fraternity, Saratoga P.L.A.N., Scenic Hudson, Serpentine Art and Nature Commons, Inc., Sierra Club - Atlantic Chapter, Southern Madison Heritage Trust, Sterling Forest Partnership, The Nature Conservancy, Thousand Islands Land Trust, Town of Putnam Valley, Trust for Public Land, Utica/Central New York Citizens in Action, Vision Long Island, Wallkill Valley Land Trust, Inc., Warwick Conservancy, Watershed Agricultural Council, Westchester Land Trust, Woodstock Land Conservancy.