Selected legislative, administrative, and management approaches for protecting the setting of heritage places in the United States

Reap, James K. (2005) Selected legislative, administrative, and management approaches for protecting the setting of heritage places in the United States. In: 15th ICOMOS General Assembly and International Symposium: ‘Monuments and sites in their setting - conserving cultural heritage in changing townscapes and landscapes’, 17 – 21 oct 2005, Xi'an, China. [Conference or Workshop Item]


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Abstract (in English)

My paper will focus on three techniques that have proven useful in the United States of America for protecting and controlling the settings of heritage places and may be useful examples for other countries to adapt to their legal systems and traditions: (1) Heritage Areas - Heritage Areas are a strategy that encourages residents, government agencies, non-profit groups and private partners to collaboratively plan and implement programs and projects that recognize, preserve and celebrate many of America's defining landscapes. Heritage areas seek short and long-term solutions to their conservation and development challenges by fostering relationships among regional stakeholders and encouraging them to work collaboratively to achieve shared goals. (2) Conservation Easements - A conservation easement (or conservation restriction) is a legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values. It allows a property owner to continue to own and use his or her land and to sell it or pass it on to heirs. When a person donates or sells a conservation easement, he or she give up some of the rights associated with the land. For example, the owner might give up the right to build additional structures, while retaining the right to grow crops. Future owners also will be bound by the easement's terms. Placing an easement on property may also result in property tax savings for the owner and his or her heirs. (3) Transferable Developments Rights (TDRs) - Transferable development rights offer communities a low cost, politically acceptable way of saving environmentally sensitive areas, farmlands, historic landmarks and other important resources. TDRs capitalize on the ability to separate development rights from other property rights. These development rights can then be moved from properties where development would be detrimental to properties where development would be beneficial.

Item Type: Conference or Workshop Item (Paper)
Reap, James K.
Languages: English
Keywords: heritage sites; setting; legal protection; legislation; planning; conservation; management; USA
Subjects: E. CONSERVATION AND RESTORATION > 07. Management
K. LEGAL AND ADMINISTRATIVE ISSUES > 03. National/Regional legislations
E. CONSERVATION AND RESTORATION > 11. Legal protection and Administration
ICOMOS Special Collection: Scientific Symposium (ICOMOS General Assemblies)
ICOMOS Special Collection Volume: 2005, 15th
Depositing User: Jose Garcia
Date Deposited: 08 Nov 2010 07:50
Last Modified: 13 Jan 2011 19:14

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