NATIONAL
ESTUARY
PROGRAM
COMMUNITY SUPPORT FOR A REAL ESTATE TRANSFER TAX
Since 1 993, the Peconic Estuary Program has conducted extensive public involvement and outreach initiatives in its watershed. The outcome of this work
has been strong partnerships with organizations and individuals in their community. Community-based support on Long Island's East End, including the Pe-
conic Estuary System watershed, was crucial to establishing a two percent (2%) real estate transfer tax to support land conservation and related purposes,
including historic preservation. Fortunately, the Peconic Estuary community has had a long history of public involvement and partnership building - essential
to the success of the transfer tax program. Real estate transfer taxes are assessments made by states (or local governments) on real estate transfers based
on the sale price of the property and, on the East End, paid by the buyer of the property.
THE NATIONAL ESTUARY PROGRAM IN ACTION
Peconic Estuary Program
Implementing the real estate
transfer tax required three major
steps:
• The New York Legislature had
to pass enabling legislation,
though some interests at the
state and national levels effec-
tively delayed passage of the
enabling legislation for more
than a decade.
• A Community Preservation
Plan was required from each
participating town, identifying
priority parcels for acquisition
and easements.
• Each town needed to pass a
local referendum to authorize
the tax—again, some interests
spent an estimated $300,000 to
fight passage.
In 1998, the New York Legisla-
ture voted to allow Long Island's
five East End towns to hold ref-
erenda on establishing a real
estate transfer tax. Despite lob-
byist efforts to defeat the refer-
enda, all of the towns gained
voter approval, passing with at
least a 60% majority.
The success was secured by
strategic public outreach, with
messages supported by research
EFFECTIVE
EFFICIENT
ADAPTIVE
COLLABORATIVE
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provided by the Peconic Estuary
Program (PEP) and other stake-
holders. A large community-
based coalition including the
Committee for the East End
Community Preservation Fund,
the five East End towns, local
businesses, realtors, builders,
and citizens presented a com-
pelling case to voters that pre-
serving open space would pro-
tect estuarine resources,
groundwater quality, and the
character of Long Island's East
End. Studies funded or contract-
ed by the PEP that helped sup-
port the need for increased pro-
tection included an economic
valuation of the Estuary and its
impact on the local economy,
detailed information on current
land use, and projections of
development and population
trends. The 2% real estate trans-
fer Tax has raised more than
$526 million through September
2008 and is the most successful
land protection program on Long
Island. The sunset date for col-
lecting the transfer tax has been
extended and is now in place
through 2030.
While many critical landscapes
have been protected with funds
from the 2% real estate transfer
tax and other sources, current
land acquisition funding is not
sufficient to keep up with devel-
opment rates. Fortunately, large
amounts of land can be protect-
ed through means other than
land acquisition; for example:
clearing restrictions, clustering
requirements, rezoning, overlay
districts, easements, purchase
of development rights, and over-
all better land use practices. It is
estimated that the implementa-
tion of clearing restrictions and
clustering requirements would
protect an additional 3,491 acres
in the Peconic watershed; ac-
quiring an equivalent amount of
land would cost an estimated
$382 million.
Visit www.peconicestuary.org
to learn more about this and
other PEP efforts.
EPA's National Estuary Program
(NEP) is a unique and successful
coastal watershed-based program
established in 1987 under the
Clean Water Act Amendments.
The NEP involves the public and
collaborates with partners to pro-
tect, restore, and maintain the wa-
ter quality and ecological integrity
of 28 estuaries of national signifi-
cance located in 18 coastal states
and Puerto Rico.
For more information about the
NEP go to www.epa.gov/owow/
estuaries.
The NEP: Implementing the Clean Water Act in ways that are Effective, Efficient, Adaptive, and Collaborative.
EPA-842F09001
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