Inventory of Open Space and Recreation Resources

Conservation Commission, by Executive Office of Energy and Environmental Affairs (EOEEA) agencies, by a nonprofit land trust, or if the Town received state or federal monies for the improvement or purchase of the land. Private property can also be permanently protected if there is a deed restriction, if the land is listed as having an Agricultural Preservation Restriction, or if the Department of Environmental Protection (DEP) has placed a restriction on the property for wetland conservation. Typically, land owned by other agencies like the Recreation Committee and the local school system should not be presumed to be permanently protected. The table below defines the different types of protection that either are or could be available to open space and recreation land in Lexington.

Massachusetts Local Acquisitions for Natural Diversity (LAND) program

Massachusetts Parkland Acquisitions & Renovations for Communities (PARC) program

Massachusetts Land and Water Fund Article 97 Protection

Protection through Ownership (“Fee”)

Protection through Conservation Restrictions, Easements, or other Deed Instruments

Chapter 61

Parcels purchased with funding from these three grants (all administered through the State’s Executive Office of Energy and Environmental Affairs), gain protection in perpetuity by automatically falling under Article 97 (see below).

Article 97 of the Massachusetts Constitution protects all publicly owned lands used for conservation or recreation purposes. This amendment requires action by the Conservation Commission and Recreation Commission, a 2/3 vote of the Town Meeting, as well as a roll-call 2/3 vote of the State House of Representatives and Senate, in order to sell, transfer, or convert Article 97 lands to a different use. Because the chance of this happening is so small, Article 97 lands are considered to be protected in perpetuity. In some cases, the open space in question has been acquired in its entirety (“in fee”) by a public or private conservation interest or a State or Federal agency (such as the National Park Service). In many cases, such ownership will trigger other forms of protection, such as Article 97. If the owner is a nonprofit organization (such as the Trustees of Reservations), the land could in theory be sold and/or developed, depending on its restriction status, but doing so could contradict the group’s conservation purpose. Due to the high costs of acquiring land, it has become increasingly popular to acquire conservation restrictions limiting future development. Similarly, access easements can provide permanent public access to a property. In certain situations, deed restrictions or easements may be granted by a private party as part of a development approval process. As with any matters involving real property, care must be taken in the drafting of the restrictions to ensure that the rights and interests of all parties are represented and clearly documented. Conservation restrictions must be approved by the municipality and the Massachusetts Division of Conservation Services. This program, through reduced property tax incentives, can help protect forest (Chapter 61), agricultural (Chapter 61A), and recreation (Chapter 61B) land in Massachusetts if the land is managed for those purposes. Should the owner wish to end the agreement, the municipality has the authority to recover tax benefits given and has first right of refusal for one year on the purchase of the land if it is to be sold for non-Chapter 61 purposes.

During the update process for this Plan, a GIS analysis was conducted to determine the amount of Lexington’s open space that is protected in perpetuity. The data for this analysis was provided by the Commonwealth of Massachusetts via the Office of Geographic and Environmental Information (MassGIS). The analysis results show that approximately 20% of the total acreage in Lexington is protected in perpetuity as open space.