Community Preservation Act

Community Preservation Act. The Community Preservation Act is a Massachusetts state law enabling municipalities to fund local projects for open space preservation, historic preservation, affordable housing, and outdoor recreation. Adopted in September 2000, it provides a flexible funding mechanism through a local property tax surcharge, matched by a state-level trust fund. The act has been adopted by over 190 cities and towns across the Commonwealth, empowering local committees to recommend projects that align with community-specific needs and goals.

Overview

The legislation was championed by a broad coalition including the Trust for Public Land, the Massachusetts Audubon Society, and the National Trust for Historic Preservation. Its passage followed advocacy from legislators like Harriette L. Chandler and was signed into law by then-Governor Paul Cellucci. The act is designed to be locally driven, requiring a vote by a municipality's city council or town meeting for adoption. Its primary aim is to counteract the pressures of urban sprawl and gentrification by providing dedicated revenue for preserving a community's essential character. The framework has inspired similar legislative efforts in other states, such as Rhode Island.

Funding mechanism

Funding originates from a local property tax surcharge of up to 3%, which participating municipalities can choose to levy. This local revenue is then matched by distributions from the statewide Massachusetts Community Preservation Trust Fund, which is primarily funded through fees collected at the Registry of Deeds across all counties, including Middlesex County and Suffolk County. The state match rate has varied annually based on fund revenues. Certain exemptions to the surcharge are mandated, including for low-income households and low- and moderate-income senior citizens. The collected funds are held in a local dedicated account, separate from the municipality's general budget, and can be bonded against for large capital projects.

Eligible projects

Eligible expenditures must fall into at least one of the act's three core areas: open space, historic resources, and community housing. Open space projects include the acquisition of conservation land, creation of community gardens, and preservation of wetlands. Historic preservation encompasses the restoration of town-owned assets like historic town halls, Civil War memorials, and documents in the Massachusetts Archives. Community housing projects are specifically for creating or supporting affordable housing, often in partnership with organizations like Habitat for Humanity. A minimum of 10% of annual funds must be allocated to each of the three categories, with the remaining 70% available for any combination or for recreational uses like developing athletic fields or playgrounds.

Adoption and implementation

Adoption begins with a local ballot initiative, often preceded by a study committee and a vote at a town meeting. Once adopted, the municipality must form a local Community Preservation Committee, typically with representatives from the conservation commission, historical commission, planning board, and housing authority. This committee holds public hearings, develops a community preservation plan, and makes recommendations on specific appropriations to the local legislative body, such as the Cambridge City Council or the Springfield City Council. Implementation success stories range from the acquisition of Crane Beach in Ipswich to the restoration of the Provincetown Town Hall on Cape Cod.

Impact and examples

Since its inception, the act has generated over $3 billion for preservation projects across Massachusetts. Notable projects funded include the creation of the Boston Common Master Plan, the restoration of the Worcester City Hall, and the support of affordable housing units in cities like Lowell and Fall River. The act has also preserved significant natural areas, such as land in the Berkshires and along the Charles River. Its model has been studied by entities like the Lincoln Institute of Land Policy and has influenced programs in other jurisdictions, including Connecticut's similar preservation efforts. The ongoing funding has proven critical for municipalities facing budget constraints, allowing for long-term planning and investment in community assets without relying solely on state grants or federal programs like those from the Department of Housing and Urban Development.

Category:Massachusetts law Category:Urban planning in the United States Category:Historic preservation in the United States