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This sample green infrastructure legislation incorporates aspects from a number of state laws and bills, including the Florida Forever Act, Maryland’s HB 1379, Delaware’s HCR 31, and Washington’s SB 6400. For more information on these and other relevant legislation, see SERC’s Green Infrastructure State Activity Page. For a list of the important features of green infrastructure legislation, see SERC’s Bill Principles.

Please note that SERC’s model legislation establishing a State Biodiversity Conservation Commission shares some aspects with the following Green Infrastructure Act. Green infrastructure programs, however, comprehensively assess which lands are crucial to conservation and plan how to protect them. Green infrastructure programs identify an interconnected network of areas to be conserved – the state’s natural life-support system or “green infrastructure.” One feature of a green infrastructure program is that it takes into account multiple benefits that can be gained from different types of protected land. For example, a well-managed farm may provide habitat for native birds; and, a recreational park may help recharge groundwater. While other conservation programs may use the same, or similar, data to direct their efforts, green infrastructure programs coordinate with, and add to, existing public and private conservation programs to ensure that the sum of these activities protects the state’s green infrastructure.

The Smart Conservation Through Green Infrastructure Act

Summary: AN ACT to improve statewide conservation efforts through the establishment of a <insert your state’s name here> Green Infrastructure Program in the Department of Natural Resources <or insert your state’s equivalent>, to consolidate and analyze available information regarding key ecosystems, native plant and animal species, currently protected and developed areas, and other relevant data; to develop an ecological map of the state, based on the above information, identifying a connected network of existing preserves, natural corridors, wildlife habitats, watersheds, unique geographic features, historically and culturally significant regions, and scenic areas as the state’s green infrastructure network, including the highest priority areas within the network; and, to work with public and private conservation programs, local governments, nonprofit organizations, private property owners, government and academic experts, and the general public to protect, restore, and manage the state’s green infrastructure within the context of human activities, using acquisitions, easements, agreements, and incentive-based approaches.

Section 1. Short Title.

This Act shall be known and may be cited as the “Green Infrastructure Act.”

Section 2. Findings and Declarations.

The Legislature finds and declares the following:

(A) The state of <insert your state’s name here> possesses a diversity of native plants and animals, ecologically distinct regions, wildlife habitats, culturally and historically significant areas, unique geographical features, watersheds, scenic areas, and other important natural resources. [Optional language listing key natural areas to be protected in your state.]

(B) This natural diversity is fundamental to the high quality of life enjoyed by the state’s citizens and visitors; provides economically beneficial services, such as water filtration and recharging, air purification, stormwater management, and resources for agricultural, ranch, and forestry enterprises; may contain materials providing significant scientific and medical advances; and, has inherent value. [Optional language listing benefits from natural areas more unique to your state.]

(C) The continued alteration and development of <insert your state’s name here>’s natural areas to accommodate a growing population have contributed to the degradation of water resources, the fragmentation and destruction of wildlife habitats, the loss of outdoor recreation space, and the diminishment of wetlands, forests, and other natural resources.

(D) State programs, public and private land trusts, and nonprofit organizations have engaged in conservation activities to ensure that <insert your state’s name here>’s natural wealth can be enjoyed by current and future generations, but these efforts have often lacked an overall guiding vision or coordinated implementation. [Optional language naming conservation programs active in your state.]

(E) Natural resource management on a single-species, single-resource, or emergency basis can be costly, acrimonious, and ineffective at preserving ecosystems while allowing reasonable economic development. Green infrastructure’s statewide, habitat-based approach may be more effective, more flexible, less costly, and less likely to cause conflicts between conservation and economic interests.

(F) Habitat fragmentation and loss are the greatest threats to biodiversity. Wildlife biologists and ecologists have long recognized that the most effective strategy for conserving native species in functioning ecosystems is to protect sufficient habitat, provide connectivity between natural areas, and allow natural disturbances to occur.

(G) Extensive scientific data exists detailing the state’s wildlife, ecosystems, history, and geography, but this information may not be complete, or sufficiently coordinated or accessible to be useful to state policymakers, planners, and the general public.

(H) Conservation efforts in the state should be based on a comprehensive assessment of <insert your state’s name here>’s natural resources and planned so as to provide multiple benefits, including preservation of wildlife habitats, key ecosystems, recreation space in urban and rural areas, and conservation of water and other natural resources.

(I) Preserving and restoring the natural functions of animal, plant, land, and water resources before they are degraded to a point where recovery is difficult or impossible is an urgent priority.

(J) Property acquisition is only one way to achieve conservation goals; creative partnerships between the state and property owners have also proven effective. Property protection agreements, conservation easements, and incentive-based programs should be used, where appropriate, to provide an acceptable level of environmental protection at a lower financial cost to the public, and to ensure owners can enjoy and benefit from their property.

(K) A <insert your state’s name here> green infrastructure program would consolidate, analyze, and complete state environmental data and use it to direct, coordinate, and streamline conservation efforts, preserving a statewide interconnected network of natural areas that benefit people and wildlife, while ensuring that public and private conservation dollars have maximum effect.

Section 3. Definitions.

For the purposes of this Act, the terms below are defined as follows:

(A) “Conservation easement” means a non-possessory interest of a holder in real property imposing limitations or affirmative obligations in order to retain, restore, or protect the natural resources, biodiversity, scenic, historic, cultural, recreational, or other values of real property, ensuring its availability for other uses as appropriate <or insert your state’s definition>.

(B) “Department” means the Department of Natural Resources <or insert your state’s equivalent>.

(C) “Ecosystem” means a natural community of native species together with their habitat, functioning as a unit.

(D) “Ecosystem processes” include water filtration and purification, groundwater recharging, stormwater management, crop pollination, air purification, pest control, efficient nutrient cycling, soil enrichment, and other services that are provided by healthy ecosystems, many of which are beneficial to human communities.

(E) “Green infrastructure” means a statewide network of interconnected lands, identified using a wide range of data, which includes important wildlife habitats, protects key plant communities, conserves natural ecological processes, and provides human communities with aesthetic, recreational, economic, and other benefits. All regions of the state’s green infrastructure are managed in a manner consistent with broad conservation goals, but, while some areas will require the highest degree of protection, others will be managed to accommodate some human activities, including outdoor recreation and the sustainable production of agricultural and forest products.

(F) “Green infrastructure program” means a statewide conservation program with the following principles:

(1) Green infrastructure is a basic, essential component of land development, growth management, and built-infrastructure planning, and addresses conservation issues before development occurs.

(2) Green infrastructure is grounded in ecological, environmental, economic, and planning principles and practices that function across multiple landscapes, scales, and jurisdictions.

(3) Interconnected networks of protected spaces have significantly greater ecological and economic value than isolated tracts. Green infrastructure fosters healthy ecosystems and provides a well-designed framework for both conservation and development by identifying a network of protected natural areas, based on a wide range of data.

(4) Green infrastructure provides for social, environmental, and economic sustainability and addresses the needs of people and native wildlife.

(5) Green infrastructure supports the expansion of a public and privately-owned network of protected natural areas. It recognizes that certain resources will require the highest degree of conservation stewardship, some areas should support public use, and other regions will support private uses.

(6) Financing the protection and stewardship of green infrastructure is an essential public investment and a priority for the state.

(7) Green infrastructure enables the practice of agriculture and forestry in ways that promote economic profitability, sustainability, and social responsibility, by ensuring that these activities do not threaten the state’s natural resources.

(8) A successful green infrastructure program requires the participation of a wide range of public and private stakeholders and a spectrum of conservation approaches, emphasizing incentives and recognizing the benefits of private property.

(9) Green infrastructure establishes a more predictable economic environment, where communities and developers understand which regions need protection, which are open to public use, and which are available for development and other private uses.

(10) Public education, outreach, and input are integral to the success of the green infrastructure program. Periodic reviews and public hearings ensure that the program is meeting local needs, responding to changing conditions, and taking advantage of new information.

(G) “Program” means the <insert your state’s name here> statewide green infrastructure program.

(H) “Property protection agreement” means a formal, written and enforceable agreement between the state and property owners for the management of private property in a manner consistent with conservation goals and allowing multiple uses, when appropriate, in exchange for reasonable incentives <or insert your state’s definition>.

Section 4. Green Infrastructure Program Establishment.

(A) A <insert your state’s name here> Green Infrastructure Program is established in the state Department of Natural Resources <or insert your state’s equivalent>, with dedicated staff, including a program director.

(B) The purpose of the program is to preserve the state’s green infrastructure, an interconnected network of natural areas identified as key to the maintenance of the state’s wildlife habitats, water reserves, culturally and historically significant regions, scenic areas, and other natural resources. This green infrastructure will be protected through acquisitions, conservation easements, property protection agreements, and other incentive-based approaches, in coordination with other public and private conservation programs.

(C) A program steering committee of fifteen persons is established, including the following:

(1) The director of the state fish and wildlife agency <or insert your state’s equivalent>, or designee;

(2) The director of the state forestry agency <or insert your state’s equivalent>, or designee;

(3) The director of the state agriculture agency <or insert your state’s equivalent>, or designee;

(4) Two chairs from environmental, land use, or other related committees, one from each House of the state Legislature, or designees;

(5) Three representatives of local and tribal governments, appointed by the Governor;

(6) Two academic experts in conservation biology, ecology, biodiversity, or related fields, appointed by the Governor;

(7) One representative of a natural resource-based industry, such as the forestry, ranch, and agriculture businesses, appointed by the Governor;

(8) Two representatives from nonprofit conservation organizations, or public or private land trusts, appointed by the Governor; and

(9) Two other representatives of stakeholder groups, one appointed by the Senate President and one appointed by the Speaker of the House.

(D) The steering committee shall help incorporate state ecological data and stakeholder input into the program’s plans, help evaluate and prioritize possible conservation projects within the state’s green infrastructure network, investigate sources of funding and other support for the program, study the range of possible conservation management practices to determine which are appropriate to maintain the state’s green infrastructure, and refer its recommendations to the program director. The steering committee may request assistance or information from the program, department, other state agencies, academic or other experts, or other parties.

(E) Steering committee members shall not receive compensation for their services on the committee, but may be reimbursed for actual expenses incurred while discharging the duties imposed upon them by this Act.

(F) No more than nine steering committee members shall belong to the same political party.

(G) The steering committee shall meet with the program director, or other designated program representative, at least quarterly.

(H) Steering committee members shall serve staggered three-year terms, with one-third of the committee appointed each year. Initial steering committee terms shall be for one, two, or three years, decided by lot, with five members receiving each term length. Steering committee members shall not be re-appointed more than one time.

Section 5. Program Funding and Expense Authorization.

(A) The program shall be funded with a mixture of public and private moneys, which may include the following:

(1) Federal funds, such as the U.S. Department of the Interior’s State Wildlife Grants Program;

(2) State general funds, as provided in the state budget;

(3) Funds and in-kind donations from the department and other state agencies;

(4) Bond referenda and sales;

(5) User fees earmarked for conservation purposes;

(6) Lottery proceeds;

(7) Real estate transfer taxes;

(8) Dedicated development fees;

(9) Foundation grants; and

(10) Private donations.

(B) The program is authorized to request appropriations from the state Legislature.

(C) As mentioned in Section 4 (D), the steering committee shall work with the director to investigate and secure sources of funding for the program.

(D) The program may use its funds to:

(1) Acquire real property interests in green infrastructure, in accordance with this Act and the acquisition procedures set forth in <cite relevant state statutes>;

(2) Provide matching grants to local governments, land trusts, and nonprofit conservation organizations to acquire real property interests in green infrastructure;

(3) Enter into conservation easements, property protection agreements, and other arrangements with property owners protecting the state’s green infrastructure, and provide matching grants allowing local governments, land trusts, and nonprofit conservation organizations to do so; and

(4) Cover program operating expenses, including studies delineating <insert your state’s name here>’s green infrastructure, reports on the program, technical support for local governments, and public hearings.

Section 6. Initial Program Survey.

In order to include a wide range of data and involve other public and private conservation partners, the first goal of the program shall be to:

(A) Identify existing reports, maps, and other data describing the state’s ecosystems, currently protected and developed areas, water reserves, habitat areas for native species, unique geographical features, historically and culturally important regions, scenic areas, and other natural resources. These reports, maps, and other data may be drawn from multiple sources, including, but not limited to, the state natural heritage program, the state comprehensive wildlife planning process, ecosystem plans from the Nature Conservancy, Geographic Information Systems (GIS) maps, and species protection information from the U.S. Geological Survey’s (USGS) Gap Analysis Program (GAP). [Optional language specifying other sources of ecological data available for your state.] The program shall rely on existing data, analyses, and state planning information whenever possible.

(B) Identify existing conservation programs of federal and state agencies, public and private land trusts, and nonprofit conservation organizations active in the state. [Optional language naming public and private conservation programs active in your state, or sources of information on such programs.] The program shall utilize existing networks, coalitions, and directories of conservation programs whenever possible.

Section 7. Statewide Green Infrastructure Map.

(A) Utilizing the data compiled under Section 6, and with the assistance of state and academic experts, the program shall delineate the state’s green infrastructure, taking into account the following:

(1) Any statewide or regional growth management, wildlife conservation, or other relevant plan, as indicated in Section 6;

(2) Regions that are already protected or developed, under threat of development, and/or of historic or cultural importance;

(3) Regions containing habitats for native wildlife, unique geographical features, water resources, key ecosystems, scenic areas, and/or other natural resources;

(4) The importance of protecting ecological connectivity between larger natural areas to maintain long-term ecosystem health and processes;

(5) The importance of outdoor recreation activities and protected natural areas to all residents of the state, urban and rural; and

(6) The economic importance of agriculture, forestry, and other outdoor industries.

(7) [Optional language detailing ecological resources or concerns more unique to your state.]

(B) The program shall indicate the areas of highest priority within the state’s green infrastructure, comprised of the following:

(1) Regions with unique or exemplary natural qualities;

(2) Habitat areas of native plant or animal species determined to be at risk in the state;

(3) Regions essential to the maintenance of the state’s natural resources; and

(4) Areas integral to the viability of the state’s green infrastructure.

(C) If the program identifies important unaddressed gaps in the data, it may work with state, academic, and/or other experts to provide needed information.

(D) The program shall publish a(n) <insert your state’s name here> green infrastructure map and invite comments from a wide range of stakeholders, including state agencies, local and tribal governments, academic and other experts, public and private land trusts, nonprofit conservation organizations, and the general public.

(E) The program shall review and update its green infrastructure map based on this input, as part of the annual report process.

Section 8. Green Infrastructure Conservation.

(A) Given that the program’s ultimate goal is permanent protection of the state’s green infrastructure, the program shall set and publish specific goals, encompassing at least the next five years of the program. Goals shall be identified following completion of the state’s green infrastructure map, and revised as part of the annual report process. Benchmarks for these goals may include the following:

(1) The percentage of the state’s total green infrastructure protected;

(2) The number of acres protected;

(3) The percentage of the state’s total area protected;

(4) The range of native wildlife habitat areas protected and restored, including under-represented native ecosystems;

(5) The water resources, including watershed areas, wetlands, natural floodplains, surface water and groundwater reserves, and areas including natural aquifers, protected;

(6) The number of acres of significant landscapes, forestlands, landscape linkages, and other protected regions;

(7) The number of large landscapes containing a range of predominantly intact or restorable natural communities protected;

(8) The number of acres of parklands and other natural areas in urban, low-income, or otherwise disadvantaged areas protected;

(9) The number of historically or culturally significant regions protected;

(10)The number or area of trails and parks created;

(11) The number of local governments and residents participating in program forums; and

(12) [Optional language listing key ecological resources or concerns more unique to your state.]

(B) Each year, the program shall develop a list of the coming year’s planned green infrastructure conservation projects, taking into account the following:

(1) Highest priority areas within the state’s green infrastructure that have not yet been protected;

(2) Habitats of native animal or plant species determined to be at risk within the state, or whose numbers within the state are declining;

(3) Areas important to the maintenance and quality of the state’s water resources, including watersheds, wetlands, aquifers, floodplains, and groundwater recharge areas;

(4) Rare or unique landscapes, geographic features, scenic regions, and historically or culturally important areas; [Optional language including mention of particular conservation concerns in your state];

(5) Urban or other areas with little access to protected lands, with an emphasis on low-income or otherwise disadvantaged communities;

(6) Regions under threat of development; and

(7) Regions the program can acquire at less than appraised value; protect through joint acquisition among public agencies, nonprofit organizations, private entities, or a public-private partnership; or, protect using conservation easements, property protection agreements, or incentive-based programs.

(C) In conjunction with other public and private conservation efforts, the program shall protect the state’s green infrastructure by:

(1) Acquiring real property interests within the state’s green infrastructure, in accordance with this Act and the acquisition procedures set forth in <cite relevant state statutes>;

(2) Providing matching grants to local governments, public and private land trusts, and nonprofit conservation organizations to acquire real property interests within the state’s green infrastructure;

(3) Entering into property protection agreements, conservation easements, and other incentive-based arrangements with property owners, or providing matching grants allowing local governments, public and private land trusts, and nonprofit conservation organizations to do so, as long as such agreements meet conservation goals and are perpetual; and

(4) Reviewing practices to ensure that protected areas are managed for maximum conservation value and, when appropriate, are open for public recreation; private uses, including sustainably managed agriculture, ranches, and forestry; or, limited development.

(D) Each year, the program shall spend at least 50 percent of its total budget on direct property acquisitions and matching grants enabling local governments to acquire regions within the state’s green infrastructure network. The program shall spend no more than 10 percent of its total annual budget on administrative costs.

(1) [Optional paragraphs under 8(D) may further earmark program funds for particular high priority conservation activities. Examples include acquisitions in urban areas, acquisitions protecting threatened ecosystems, acquisitions protecting water reserves or regions important to a natural water management strategy, or acquisitions in counties with less than a given percentage of their total land area currently conserved.]

(E) A property or property interest may not be acquired for the purposes of the program by use of state or local condemnation authority.

(F) The program shall provide written notification to affected local governments of proposed property interest acquisitions located within their jurisdiction, in a timely manner.

(G) The local government shall, upon receipt of any notice, review the proposed acquisition and submit written comments to the program, as it deems necessary, within twenty working days.

(H) If a public hearing is not scheduled regarding the proposed program acquisition, the affected local government may request one, within twenty working days of receiving any notice.

(I) Unless the proposed program acquisition is a highest priority area within the state’s green infrastructure, the local government may suggest alternative acquisitions and/or alternative conservation plans, if it believes the proposed acquisition may have significant negative effects.

Section 9. Annual Program Report.

(A) The program shall prepare an annual report for the state Legislature, making the same information available to local governments, the media, and the general public, and containing the following:

(1) A map of the state’s green infrastructure, indicating regions protected via program initiatives over the past year, regions targeted for protection in the coming year, and previously protected areas;

(2) Program expenditures, indicating funds used for direct acquisitions, matching grants, and program operating expenses;

(3) Program goals for the past year, and progress made towards meeting those goals;

(4) Program goals for the coming year, and plans for meeting those goals;

(5) Annual program goals for the second through fifth years to come;

(6) The percentage of the state’s total green infrastructure network that has been adequately and permanently protected;

(7) Identification of barriers to past progress, and plans to mitigate, eliminate, or otherwise negotiate those barriers in the future;

(8) Descriptions of relevant ecological data obtained over the last year, and how the program has and/or will incorporate this new information; and

(9) Summary of stakeholder input from various stakeholders over the past year, including state agencies, local and tribal governments, land trusts, conservation organizations, and the general public, and how the program has responded and/or will respond.

(B) The program shall solicit public input on its annual report via the internet, email, and phone, and by holding open public hearings announced in local media at least 30 days prior to the event. Hearings shall be held in every county where the program plans major property acquisitions in the coming year.

(C) The steering committee shall identify key stakeholders, under-represented constituencies and affected areas, and work to ensure that these groups receive information, and that reasonable measures are taken to solicit their input on the program.

(D) Input obtained through the annual review process shall be incorporated into program plans in an appropriate and timely manner.

(E) As the program makes significant progress toward protecting the state’s entire green infrastructure network, the program shall recommend in its annual report the measures it will take over the next year to appropriately reduce program activities, while ensuring the continued protection and conservation management of the state’s green infrastructure.

Section 10. Department Authority.

In consultation with the program director and steering committee, the director of the department may promulgate rules she or he considers necessary to implement and enforce this Act, pursuant to the <insert name and citation of appropriate administrative procedure law>.

Section 11. Polluter Responsibility.

Any program actions to protect and restore the state’s green infrastructure shall not abrogate the financial or legal responsibility of those point and non-point sources that have contributed to the pollution or other degradation of property to be protected under the program. Under these circumstances, the program is encouraged to enter cost-sharing agreements allocating responsibility for the cleanup of point and non-point sources whenever possible.

Section 12. Effective Date.

The provisions of this Act shall be effective immediately upon passage.

Section 13. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.