Created by law in 1969, the real estate transfer tax is recognized as one of the first and most successful dedicated funding sources for land conservation in the country. This 0.5% tax on real estate sales is the source of funding for many of Maryland's land conservation programs. This tax revenue provides funding for these critical conservation programs:

• county parks programs


state land acquisition and development (state parks, forests, and wildlife management areas)

• Rural Legacy Program, which protects important agricultural, historical and ecological landscapes


• park operations in the City of Baltimore


• Maryland Agricultural Land Preservation Foundation (MALPF), which buys easements to protect productive farmland


• Heritage Conservation Fund, which protects rare and endangered species habitat, as well as providing financial support to administer these programs

This revenue is intended to keep pace with rising land costs and the pace of development, and with the loss of open space and farmland. Since their inception, these programs have protected almost 800,000 acres of land from development, and helped create over 4,000 local and state parks.

These programs have been so effective that from 1996-2001, before funding was cut, land protected through these state programs actually outpaced the land being lost to development. Unfortunately, today the situation is the reverse.

For the past three years, Maryland’s real estate transfer tax, which by law is dedicated to Program Open Space, MALPF, Rural Legacy, and other land conservation programs, has been raided to balance the state budget. The loss of funding has severely impacted land conservation programs and the future of these programs is at a critical point.

What have Marylanders already lost?

• $480 million: the total net loss in Program Open Space funds over the last four years
.
• Over 100,000 privately held acres that should have been preserved are now at risk

How much more do we stand to lose?

• safe and healthy places where our children can play


• valuable Maryland farmland


• vital wildlife habitat


• clean waters and streams and Chesapeake bay

And much more, if we don’t start saving our lands, as our state had been preserving them for over thirty years, before it’s too late.

What’s Next: State lands for sale?

Not only are Maryland's land conservation programs losing their dedicated funding, now it looks as if precious state lands that are already protected could be for sale.

In October 2004, the Ehrlich Administration proposed to sell 836 acres in Southern Maryland, including sensitive wetlands, to a politically connected private developer. This land, purchased by Program Open Space, was to be sold below market price without a guarantee of preservation, according to documents obtained by the press. The plan was to develop luxury homes on the property.

After this scandal hit the headlines, the developer retreated from the deal, but conservationists remain concerned that possible land deals like this could go through in the future.

These lands should be protected permanently, so that when the state buys them, they will never be developed. On November 7, 2006, voters will have the opportunity to ratify the constitutional amendment (SB 102) that passed during last year's 2005 legislative session. This very important amendment requires General Assembly approval to sell any state lands purchased with conservation funds.

In November 2005 the Department of Natural Resource's posted a "List of Potential Excess Property Candidates" that have been identified by the state for possible sale or transfer.

Click here to view the list: http://www.dnr.state.md.us/dnrnews/pressrelease2004/111604a.html

One example: One of the parcels of land on this list surrounds Kilgore Falls, the second-highest waterfall in the state and a much-loved local swimming hole, that Harford County high school students raised $34,000 to help Maryland purchase. Their efforts enabled the state, using Program Open Space funds, to expand a state park and save a precious natural resource for everyone to enjoy for years to come. Now 215 acres of the property has been identified as excess property and could be sold to developers.