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Citizens of town, village,
city, and county government can help public
officials develop policies to protect open space
in urban and rural areas. Public policy development
is democracy in action. At its best, the process
connects elected leaders with their constituents
in discussion and evaluation of options and
alternatives. The outcome of the process is
a statement of policy concerning "what
should be" in the local community.
Consider the open space
policies developed for the Midpeninsula Regional
Open Space District near Los Altos, California,
adopted by its Board of Directors on March 10,
1999. The Midpeninsula Regional Open Space District
has identified its mission "To acquire
and preserve a regional greenbelt of open space
land in perpetuity; protect and restore the
natural environment; and provide opportunities
for ecologically sensitive public enjoyment
and education."
The supporting policies
of the district include statements of what it
wishes to do as well as what it does not wish
to do. For example, it is the policy of the
district not to develop traditional park and
recreation facilities because it believes such
development is the responsibility of the cities
and counties.
It is the policy of the
district to use its available resources primarily
to acquire or otherwise preserve land (outside
the Urban Service Area boundaries of cities)
that has regionally significant open space value
and that might be lost to development if the
District fails to act. In so doing, it is the
policy of the District to acquire open space
from willing sellers. It is the district's
policy not to use eminent domain as the means
to acquire lands of interest unless the property
concerned is an open space "parcel of critical
importance or is under some dire emergency,
such as immediate destruction of natural resources,
or clearing for development purposes".
Another of the stated
policies of the district is to follow management
policies that ensure proper care of the land,
that provide public access appropriate to the
nature of the land, and that are consistent
with ecological values and public safety.
As stated in its policy
document, the district expresses its interest
in encouraging private and other public agencies
to preserve, maintain, and enhance open space.
Furthermore, the District says it will support
and encourage community groups, non-profits,
and other conservation oriented groups in their
efforts to urge other agencies to take actions
which will help accomplish its purposes and
goals, and actively encourages public input
and involvement in the decision-making process.
It clearly states, as policy of the District,
a desire to encourage public participation in
the maintenance, restoration, and protection
of lands it has taken responsibility for.
These policies
have been approved by the district's Board
of Directors, the governing officials of the
District. Approved policies are intended solely
for the guidance of the Board in the exercise
of its discretion and are not intended to give
rise to private rights or causes of action in
individuals or other persons. The Board shall
be the final arbiter as to any question of interpretation
of these policies. It is not the purpose of
these policies to adopt any legal requirements.
Failure to comply with these policies shall
not affect the validity of any action taken
by the District.
Thus, a policy does not
have the force of law nor is it equivalent to
an ordinance that is enforced by a governmental
entity.
There are several places
to get help with the development of public policies.
General information on policy issues and policy
process is available from the following web
sites:
www.wi-citizenaction.org.
To learn who the public policy players are within
various forms of local government in Wisconsin
and how they make decisions concerning the use
and management of land, consult A Citizen's
Guide to Land Use in Wisconsin. This easy-to-read
layperson guide to how land use decisions are
made in Wisconsin is available from 1000 Friends
of Wisconsin. Members of that group receive
one copy free. Each additional guide, and the
price for non-members is $5.00 or $2.50 for
a bulk order of 10 or more guides. The booklet
may be ordered through the web at
www.1kfriends.org
or by telephone at 608-259-1000. Among other
things, the guide describes how to organize
a grassroots effort around a land use issue
or comprehensive plan, how to work effectively
with the media and how to use creative tools
used in other parts of the country to address
land use challenges.
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