A Brief History of Land Conservation in the Mid-Atlantic

The Origins of Land Conservation in the United States

Since the late 19th century, land conservation has played a vital role in preserving the scenic beauty, ecological integrity, and rural character of the Mid-Atlantic.

From the rolling hills of Virginia Hunt Country to the historic homes of Maryland’s Eastern Shore, land conservation informs the character of the Mid-Atlantic in profound and often understated ways.

The idea of land conservation began in the American West with the establishment of Yellowstone National Park in 1872.

As the world’s first national park, Yellowstone marked the beginning of the conservation movement, an enduring global trend that stands to preserve important natural environments for public use and enjoyment.

Following the establishment of Yellowstone, the conservation movement moved swiftly into the national conversation as one of the key issues of the time.

Then, under the presidency of Theodore Roosevelt in the early 1900s, the establishment of the United States Forest Service in 1905, marked what many consider to be the beginning of the conservation movement in the United States.

Championed by Theodore Roosevelt and supported by influential American voices such as John Muir and Gifford Pinchot, conservationists aimed to preserve the natural spaces and develop sustainable land management practices in the face of rapid industrialization and urbanization.

The History of Land Conservation in the Mid-Atlantic

The early manifestations of land conservation in the Mid-Atlantic originated in the early- and mid-1900s. Stemming primarily from influential private landowners and conservation-minded individuals such as Paul Mellon in Upperville, Virginia, land conservation was primarily practiced through the acquisition and managed preservation of large tracts of land.

In addition the ecological benefits of land conservation, many of these early private land conservationists were notable figures in local equestrian and fox hunting culture and stakeholders in long standing colonial era traditions that required open access to neighboring lands.

Perhaps the most prominent example of early land conservation in the Mid-Atlantic is that of Oak Spring Farm in Upperville, Virginia, the 4,000 acre estate of noted philanthropists Paul Mellon and his wife Rachel “Bunny” Mellon. Originally purchased in the 1930s, the Oak Spring Farm estate stands as one of the penultimate examples of private land conservation in the Mid-Atlantic and an example of the assemblage strategy used by early land conservationists.

Of course, the benefits of land conservation is not limited to the wealthy. As the ideals of land conservation began to take hold throughout the Mid-Atlantic, collaborative efforts from conservation minded land owners resulted in the creation of local and regional citizen organizations designed to preserve the “visual order” of the region’s rural and agricultural landscapes, as well as the formation of formal land trusts.

The Introduction of Land Trusts and Conservation Easements

A turning point in the land conservation movement came during the mid-1900s with the development of land trusts, government supported and regional non-profit organizations dedicated to the protection and preservation of land for conservation purposes.

Among the oldest of such organizations is the Virginia Outdoors Foundation (VOF), which was established in 1966 by order of the Virginia General Assembly to preserve Virginia’s natural, scenic, historic, scientific, open-space and recreational areas.

Among the key innovations of programs like the VOF was the creation of conservation objectives that would give private landowners pathways and incentives to preserve land in perpetuity in exchange for economic benefits such as tax deductions. Among the first recorded conservation easements with the VOF was that of the historic Oatlands estate in Leesburg, Virginia.

As land trusts began forming throughout the United States, grassroots organizations such as the Valleys Planning Council (VPC) of Baltimore County, Maryland and the Piedmont Environmental Council (PEC) in Virginia Hunt Country were created to help provide education and resources regarding the benefits of land conservation, including the ideals of conservation easements.

Established in 1971, the founding members of the Piedmont Environment Council (PEC) included notable public figures such as Alice duPont Mills of Middleburg, Virginia and Forrest E. Mars of The Plains, Virginia.

The stated mission of such organizations came to fruition at moments when the heritage of hunt and equestrian enthusiasts and the livelihoods of multi-generational agricultural families began to conflict the growing economic and social incentives around property subdivision and real estate development.

Today, organizations like the PEC are also qualified land trusts — able to facilitate conservation easements for private land holders — while others work in partnership with established land trusts to facilitate conservation easements for private landowners.

For private land owners who wanted to maintain the natural beauty of their property while receiving tax benefits used to offset income, conservation easements became a vital tool to help preserve the culture of land conservation throughout the Mid-Atlantic.

From Land to Sea: Conservation of The Chesapeake Bay

As important as the physical landscapes of the Mid-Atlantic are its waterways, including the Chesapeake Bay.

The largest estuary in the United States, The Chesapeake Bay is among the most important natural assets in the Mid-Atlantic region, serving as a critical platform for commerce and community.

In 1984, the Maryland state legislature passed the Chesapeake Bay Critical Area Protection Act, a major piece of legislation designed to address the impacts of land development on the habitat and aquatic resources of the Chesapeake Bay.

Then, in 1988, the Virginia state legislature followed suit with the Chesapeake Bay Preservation Act.

Core to each of these conservation programs is is a desire to protect and improve water quality in the Chesapeake Bay by requiring the implementation of effective land use management practices. 

Among these practices is the development a "Critical Area" in Maryland, which identifies all land near water areas where land development is highly restricted to minimize adverse impacts on water quality and to protect fish, wildlife, and plant habitats.

The Economic Impact of Land Conservation in the Mid-Atlantic

With hundreds of thousands of acres in conservation throughout the Mid-Atlantic, there is no doubt that land conservation has played a major role in shaping the economic character of the region.

However, as land conservation efforts often conflict with the market realities of real estate development, niche economies have developed to address the practical needs for development to serve the region’s growing populace. One example of such strategies is mitigation banking.

Mitigation banking is an innovative approach aimed at conserving and protecting the environment while allowing for development and economic growth. Established in the 1990s, mitigation banking operates under the principle that when a real estate development impacts a natural habitat, wetland, or endangered species, compensation should be provided to offset the damage caused.

In a mitigation bank, restoration, creation, or preservation of natural areas are carried out to restore or enhance the impacted ecological functions. These restored habitats then generate ecological credits, which can be sold to individuals or organizations mandated to compensate for their environmental impacts. The credits are quantified based on the ecological value of the restored area and can be used to offset damages caused elsewhere, ensuring that any ecological losses are adequately counterbalanced.

While there is no perfect solution for the destruction of natural landscapes, mitigation banking is one example of how markets can create sustainable development while preserving our natural resources by developers and regulators to work together to achieve environmental and economic goals in a harmonious manner. As a market-based system, mitigation banking encourages responsible land use practices, fosters collaboration between stakeholders, and ensures the long-term health and vitality of our ecosystems.

Another modern concept widely regarded throughout the land conservation community is that of Transferable Development Rights (TDR).

TDRs allow property owners in designated sending areas, typically areas with significant ecological value or historic landmarks, to transfer their development rights to receiving areas where development is desired.

This innovative concept helps to protect important open spaces and heritage while allowing development in suitable areas. It preserves the integrity of the sending areas by incentivizing landowners to sell their development rights instead of developing their land, while the receiving areas benefit from increased development potential.

Among the most famous examples of the use of TDRs is that of Montgomery County, Maryland, which, in 1980, implemented an Agricultural Reserve spanning over 90,000 acres.

By facilitating a market-based approach, Mitigation Banking and Transferable Development Rights offer a market-based solution for sustainable urban growth and the preservation of natural and cultural resources.

Of course, conservation efforts in the Mid-Atlantic are ongoing. Land trusts continue to work with landowners to establish new conservation easements, monitor existing easements, and promote sustainable land management practices. Through strategic land acquisition, education, and outreach, conservation organizations and government agencies continue to advance land conservation goals and ensure the long-term preservation of the region's natural and cultural heritage.