(BOSTON – 11/15/2022) The Massachusetts Legislature on Thursday passed legislation that protects open and public spaces throughout the Commonwealth and ensures their conservation for future generations. This legislation, known as the Public Land Preservation Act, permanently preserves and protects the amount of land designated as open spaces and prevents it from being used for other purposes.

“Last week, I joined my colleagues in the Massachusetts Legislature to pass the landmark Public Land Preservation Act, a bill that safeguards Massachusetts’ stunning forests, lakes, wildlife, and open spaces for generations to come. Climate change is a generational challenge, and as our climate warms, protecting our open spaces will be key to the Bay State’s ability to reach net-zero carbon emissions while also defending our communities against increasingly severe weather events,” said Senator Michael Moore (D-Millbury). “I will always vote to protect open space here in the Commonwealth.”

Since its passage as a ballot initiative in 1972, Article 97 of the Massachusetts Constitution has recognized the importance of public lands. Lands acquired for conservation purposes under Article 97 have protected status, and such lands’ sale or conversion to other use must be approved by a two-thirds vote of each branch of the Legislature. Recognizing the importance of maintaining public lands, the Legislature, working with the Administration, has for many years ensured ‘no net loss’ of open spaces by requiring equivalent replacement land into open space when disposing of Article 97 land.

The conference report passed by the Legislature today codifies a ‘no net loss’ policy into law, making it legally binding. It ensures a public process takes place when a public entity considers disposing of Article 97 land and that replacement land is located nearby and of comparable acreage, fair market value, and natural resource value. The legislation includes a provision that allows for a cash payment in lieu of replacement land, provided that the payment amount is no less than 110 per cent of the value of the land and the money is used to purchase replacement land within three years.

Having passed the Senate and the House of Representatives, the bill now goes before the Governor for his consideration.

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