Municipal Open Space Programs and Referendums

Act 115 amends Act 442 of 1967, as amended, to provide that in addition to acquiring land and easements, dedicated open space taxes may now be used to develop, improve, design, engineer and maintain open space acquired with dedicated open space taxes in order to provide open space benefits. It also clarifies that voter created open space taxes may only be repealed by voter referendum.

An Act amending the act of January 19, 1968 (1967 P. L. 992, No. 442), entitled "An act authorizing the Commonwealth of Pennsylvania and the counties thereof to preserve, acquire or hold land for open space uses," expanding its scope to include all local government units throughout this Commonwealth.

Pennsylvania Act 154 of 2006 facilitates local government partnerships with land trusts. Act 154 was passed unanimously by both the Senate and House, then signed into law by the Governor on November 29, 2006. (The act amends Pennsylvania's open space law.)

Act 4 provides a process for freezing the millage on open space properties. It amends the act of January 19, 1968 (1967 P.L.992, No.442), entitled, as amended, "An act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses," defining "municipal corporation"; further providing for property acquired in fee simple and for local taxing option; and making an editorial change.

As amended through 2013, an act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses. It is the purpose of this act to clarify and broaden the existing methods by which the Commonwealth and its local government units may preserve land in or acquire land for open space uses.

It took nearly ten years to construct a measure with enough support that the legislature would put it on the ballot. Passed with 56% of the vote in 2008, the amendment increased the state sales tax by 0.375 percent for 25 years and divided the increased revenue into four dedicated funds for clean water, habitat, parks and trails, and historic preservation.

This report provides municipal officials with basic information related to planning for and implementing an effective open space program.

In this report, WeConservePA identifies the quantity of remaining unprotected open space in townships that have passed open space tax referendums. WeConservePA found that all 72 Pennsylvania municipalities that have passed open space tax referendums have a substantial amount of undeveloped, unprotected land appropriate to conserve. Only one township has fewer than 1,000 acres of large parcels of unprotected open space remaining.

Coming from WeConservePA in 2023

Parks and other public open spaces deliver tremendous benefits to the public and provide a crucial foundation for building, maintaining, and renewing communities. People rely on the permanence of these civic assets in making decisions on where to live and work. Thus, it is no wonder that Pennsylvania law affords great protections to parks from sale or conversion to non-public uses by the local governments responsible for their care. This guide provides a concise overview of these protections. For a more comprehensive review and analysis, see the companion publication: Ensuring the Permanence of Parks and Other Public Open Space. WeConservePA guide. 4 pages.

Reviews public financing options for open space protection with a heavy emphasis on referenda. Includes case studies and sample municipal ordinances to place a question on the ballot and to implement voter approved dedicated taxes and borrowing. 34 pages.

Presentation at 2009 PALTA Conference on winning local ballot measures to finance parks and land conservation. Includes services available from TPL, and case study of the sucessful Adams County Bond Measure in 2008.