Open Space Law & Legal Definition
Open space generally refers to undeveloped land or water area. Specific definitions vary by jurisdiction, so local laws should be consulted for applicable requirements. The following is an example of a local law dealing with open space land:
Open Space land is defined as either:
(1) Any land area zoned for open space by a comprehensive land use plan adopted by a city or county legislative authority, or
(2) Any land area in which the preservation in its present use would:
- Conserve and enhance natural or scenic resources
- Protect streams or water supply
- Promote conservation of soils, wetlands, beaches or tidal marshes
- Enhance the value to the public of abutting or neighboring parks, forest, wildlife preserves, nature reservations or sanctuaries or other open space
- Enhance recreation opportunities
- Preserve historic sites
- Preserve visual quality along highway, road, and street corridor or scenic vistas; or
- Retain in its natural state tracts of land not less than one acre situated in an urban area and open public use on such conditions as may be reasonably required by the granting authority.
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