Pine Barrens Credit Program
(Transfers of Development Rights)
Updated through 5/31/13
Pine
Barrens Credit Program Overview:
- Fact sheet (1 page): pdf
- Detailed overview (24 pages, presentation format): pdf
- "PBCs 1-2-3: How to Obtain Pine Barrens Credits for Your
Project" (1 page, double sided flyer): pdf
- Unofficial list of NY Environmental Conservation Law
references to development rights and values, transfers and
easements: pdf.
- Central Pine Barrens Plan section regarding the PBC Program: Chapter 6 of the Pine Barrens
Plan Volume 1
- PBC Program Handbook, a question and answer guide to the PBC
Program (39 pages): pdf
- Credit Program Summary as of 1/1/13 (1 page statistical
chart): text, pdf
- Changes in the PBC Program Summary from 1/1/09 to 1/1/10 (1
page): pdf.
- Changes in the PBC Program Summary from 1/1/08 to 1/1/09 (1
page): pdf.
- Changes in the PBC Program Summary from 1/1/07 to 1/1/08 (1
page): pdf.
- Changes in the PBC Program Summary from 1/1/06 to 1/1/07 (1
page): pdf.
- Changes in the PBC Program Summary from 1/1/05 to 1/1/06 (1
page): pdf.
- Changes in the PBC Program Summary from 1/1/04 to 1/1/05 (1
page): pdf.
- Pine Barrens Credit Sales Summary Chart from 1996 through
2012: pdf.
- The Credit Program is not a land acquisition program!
- For land acquisition inquiries, see "Contacts for Potential
Sellers of Core Preservation Area Property": text, pdf
Letters of
Interpretation (LOIs) and Appeals
- Application for an original Letter of Interpretation: pdf
- Application for renewal of a Letter of Interpretation: pdf
- Appeals summary statistics as of 1/1/13: pdf (1 page; no
individual appeal information)
- Appeals listing in detail as of 2/21/13: pdf (3 page
spreadsheet of all individual appeals; formatted for, and best
printed on, 11x17 paper!!)
- Appeals written decisions as of 3/19/10: text (contains
links to copies of individual decisions)
- A list of current LOI holders is contained in the current Pine Barrens Credit Registry.
- There have been three litigation matters resolved regarding
Credit allocations and appeals:
- 1998 through 1999: Litigation over Credit allocation to
parcels in Manorville and Middle Island
- 2007 through 2009: Litigation over Credit allocation to
parcel in Westhampton.
- 2008 through 2009: Litigation over Credit allocation to
parcels in Manorville.
Credits,
Certificates
and
Parcels with Conservation Easements
Pine Barrens Credits are issued for a parcel simultaneous with
the placement of a conservation easement on the property.
- Applications for Certificates:
- Application for a Pine Barrens Credit Certificate: pdf
- Standard conservation easement used in the PBC Program (last
revised 5/21/08): pdf
(Sample only - DO NOT USE! Applicants will receive an actual
easement from the Commission at the appropriate point in
their Credit application.)
- Commission policy on property titles and title insurance
(last revised 7/20/2011): pdf
- Standing Clearinghouse offer to purchase Credits: text, pdf
- Past Certificates (detailed reports):
- Certificates issued as of 2/21/13: pdf
- Certificates conveyed (including Credit sales and "per
Credit" values) as of 2/21/13:
- Listed by Certificate Number: pdf
- Listed by Conveyance Date: pdf
- "What are the current or past sales of Pine Barrens Credits ?"
- The Clearinghouse tracks Credit "conveyances", which include
actual sales, conveyances or transfers with no dollar value,
exchanges and replacements of Certificates, and all
transactions where one Certificate is "retired" and a new
numbered Certificate(s) is issued.
- The "Credit certificates conveyed" reports (immediately
above) show the "per Credit price" for each conveyance.
- To see the change in Credit
sale prices through time, including all recent sales, select
the "Credit Certificates
Conveyed Listed by Conveyance Date" report and examine
the changes in the "Per PBC" price column for each
Town. The most recent sales prices are shown at the
end of each Town's portion of the report.
- For an overview, see Pine Barrens Credit Sales Summary Chart
from 1996 through 2012: pdf.
- Redemptions of Credits and their Certificates:
- Credit certificates redeemed as of 2/21/13: pdf
- Intermunicipal credit redemptions as of 1/1/13: pdf
(excerpted from the overall "Credit certificates redeemed"
report for ease of reference)
- Clearinghouse Board's 4/20/05 resolution on Intermunicipal
Redemptions: pdf
- Parcels and easements:
- Parcels protected by Credit program easements as of
2/21/13: pdf
- Standard conservation easement used in the PBC Program (last
revised 5/21/08): pdf
(Sample only - DO NOT USE! Applicants will receive an actual
easement from the Commission at the appropriate point in
their Credit application.)
- Note that easements are sometimes customized to a specific
parcel. The sample "standard" easement is provided here for
illustration only.
- Commission interpretations of Credit Program easements as of
3/23/06: decisions
Clearinghouse
Board of Advisors
- Pine Barrens Credit Clearinghouse Board of Advisors members: text
- Meeting
Schedule
- Meeting Minutes
- One of the Clearinghouse's responsibilities is the management
and utilization of the funds for purchasing Credits.
- The initial source of these funds was an $5 million interest
free loan from 1995 to 2005 from the NYS Dept. of
Environmental Conservation's Natural Resource Damages Program
(see link below under "Other Agencies"). The
Clearinghouse now maintains a permanent standing fund for the
program.
- These funds are invested with the Suffolk County Treasurer's
Office.
- Commission 10/25/95 resolution on the investment of funds
with the Suffolk County Treasurer and adoption of investment
guidelines: minutes.
- Commission 11/21/95 resolution authorizing deposit of
funds with Suffolk County Treasurer: pdf
- These funds are used to purchase Credits from private
owners, and are replenished when purchased Credits are resold.
- See the latest report on the Clearinghouse funds: pdf.
Pine Barrens Credit
Registry (monthly)
Credit Redemptions
- Redemptions of Credits and their Certificates:
- Credit certificates redeemed as of 2/21/13: pdf
- Intermunicipal credit redemptions as of 1/1/13: pdf
(excerpted from the overall "Credit certificates redeemed"
report for ease of reference)
- Clearinghouse Board's 4/20/05 resolution on Intermunicipal
Redemptions: pdf
- Development projects which utilize Credits are still subject
to other agencies' reviews. See
this
link for the Central Pine Barrens Development Projects Main
Page, which has a set of links to some of these agencies'
web sites.
- The Pine Barrens Credit Program is based partly upon the
Suffolk County Department of Health Services (SCDHS) Sanitary
Code, particularly Article 6 and its implementing standards. See
the links in the following section for further information about
the SCDHS.
Other Agencies
and the Credit Program
- The NYS Dept. of Environmental Conservation's Natural
Resource Damages Unit provided initial funding for the
Clearinghouse's work.
- Clearinghouse funds are managed by the Suffolk
County
Treasurer's Office, with policy and instructions from the
Clearinghouse.
- Questions about the Suffolk County property tax system are
generally referred to the Suffolk County Treasurer's Office.
- The Pine Barrens Credit Program is based partly upon the
Suffolk County Department of Health Services (SCDHS) Sanitary
Code, particularly Article 6 and its implementing standards. See
these links for further information about the SCDHS and its
work:
- The Town of Southampton Transfer of Development Rights (TDR)
Clearinghouse & Bank is separate from the PBC Program!
Current
and
Prior
Initiatives
and Events:
- 2008 through 2009: Litigation over Credit allocation to
parcels in Manorville.
- 2008: Nassau County Boy Scouts' 403 acre Camp Wauwepex is
protected through the Pine Barrens Credit Program
- 2007 through 2008: Litigation over Credit allocation to
parcel in Westhampton.
- 2005: Protection of 300 acres in dwarf pine barrens
includes Pine Barrens Credits as one component, and
achievement of 1,000 acre mark overall.
- See Governor's
4/22/05
Earth
Day
Press Release re the 309 acre WJF Realty parcel
acquisition in the Southampton Town Westhampton core area, 100
acres of which have a permanent PBC conservation easement on
them held by the Commission.
- These 100 acres have since been selected to host the Dwarf
Pine Plains Interpretive Trail through the Protected Lands
Council, and the Commission has reviewed and approved the
trail route to be in conformance with the easement.
- See the 12/21/05
Commission
minutes excerpt and resolution for that approval, which
includes an aerial view.
- See the Protected
Lands Council Field Projects page for details on the
trail project.
- 2003: Credit Purchase Offer by a private party for
Southampton Town's Westhampton Beach and Remsenburg School
District Properties
- A mailing dated January 22, 2003 was made to private
landowners in these two school districts for the purchase of
up to 40 Pine Barrens Credits at $30,000 per Credit. The
mailing consisted of a cover letter and a transmittal form for
responding. Recipients had until February 28, 2003 to
respond.
- Cover letter: text,
pdf
- Transmittal form: text,
pdf
- 2001: Offer by Clearinghouse to purchase Brookhaven Pine
Barrens Credits. This was a two phase initiative:
- Phase 1: Current holders of Credits (i.e., those with actual
Credit Certificates) and Letter of Interpretation (LOI)
holders. Phase 1 ended on 7/30/01. There were two forms
involved in the Phase 1 offer:
- A July 13, 2001 cover letter detailing the new
offer: text,
pdf
- A Transmittal Form for responses to this offer: text,
pdf.
- Phase 2: Other owners of Brookhaven Town core area
properties. Phase 2 ended on 9/6/01. There were two
forms involved in the Phase 2 offer:
- An August 14, 2001 cover letter detailing the new
offer: text,
pdf
- A Letter of Interpretation application form for responding
to this: text,
pdf.
- 2000: American Planning Association's (APA) National
Audio Conference on "Transfers of Development Rights"
- This conference included the Pine Barrens Credit Program.
- 2000: The Commission and the Clearinghouse
Honored the Public Service of Mr. Jack Hanley (deceased)
as a Clearinghouse Board Member
- See the March 29, 2000 Press Release: pdf
- 1999: Credit Sale Auction by Clearinghouse:
- 1998 through 1999: Litigation over Credit allocation to
parcels in Manorville and Middle Island
- 1998: In May, the Regional Plan Association (New York,
NY) and the Lincoln Institute of Land Policy (Cambridge, MA)
jointly sponsored a conference entitled "Transfer of
Development Rights for Balanced Development".
- 1997: First Purchase of Credits by Clearinghouse, first
parcels protected in Riverhead and Southampton, and
achievement of 100 acres protected by the program:
- See County
Executive's
1/13/97
Press
Release re the Olin Warner Credit Purchase for 47.9
Acres in the Riverhead Core area.
- This was also the first Riverhead parcel to be protected,
and the Certificate was issued on 1/8/97.
- On 10/08/97, a ceremony commemorating the protection of the
100th acre by the PBC Program was held. Presentations included
a plaque to Jagel Family Associates. See Commission
minutes.
- The first Southampton parcel to be protected was owned by
Morris Abramson, and the Certificate was issued on 11/26/96.
- 1996: Completion of Econonmic Study of Development Rights
Values.
- Under contract with the Commission, Dr. James Nicholas
conducted an economic study of the value of development within
the three pine barrens towns: pdf.
- 1996: First parcel protected by the PBC Program.
- This first parcel was in Brookhaven Town, owned by Nicholas
Aliano, and the Certificate was issued on 5/15/96.
- 1995: Clearinghouse receives Northville Industries
Restoration and Replacement Settlement funds from NYS DEC.
- See the Commission's 08/9/95 resolution authorizing the
signing of the contract: pdf.
- 1995: The Suffolk County Health Department undertook
changes to the County Health Code relating to TDR in the Pine
Barrens.
- 03/15/95, the Commission endorsed the proposed SC Health
Code Article 6 changes relating to development rights
transfers within the Central Pine Barrens.
- See the Commission resolution here: pdf.
Questions or comments?