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Litchfield commission seeks clarity on conveyance-tax use after town attorney limits open-space fund payouts
Summary
At its April 28 meeting the Conservation Commission reviewed a town-attorney opinion that limits how the Open Space Acquisition Fund may be used and agreed to pursue conveyance-tax revenue, grants and ordinance changes to advance the Open Space Plan and 2027 POCAD incorporation.
The Town of Litchfield Conservation Commission on April 28 reviewed a four-page legal opinion from Town Attorney Michael Rybak about the use of municipal open-space funds and next steps to finance the town’s Open Space Plan.
Rybak’s opinion, introduced to the Commission, concludes that the Open Space Acquisition Fund may not be used to pay transaction costs (for example, surveys or appraisals) when property is acquired by a private entity such as the Litchfield Land Trust; however, Rybak said the Town may purchase property in its own name and arrange for third-party management. The opinion did not definitively resolve whether Conveyance Tax receipts can be used for acquisitions and recommends further inquiry.
Commission members discussed conveyance-tax revenue as a potential implementation source. Members noted the combined state and local conveyance tax is about 1% of sale price and that the Town reportedly receives approximately one-quarter of that amount; Commission members estimated the existing Open Space Acquisition Fund balance at roughly $20,000–$25,000. Commissioner Cleve was assigned to contact Town Treasurer Eric Marriott to confirm how conveyance-tax receipts are collected, held, and whether they are restricted for general-fund use or eligible for open-space purposes.
The Commission also identified grant options and regulatory barriers. Members said the current ordinance governing the Fund makes withdrawals difficult and agreed to evaluate possible ordinance amendments to increase practicability. Commission members listed grant opportunities including the OSWA program administered by the Connecticut Department of Energy and Environmental Protection (DEEP), which the Commission noted can reimburse up to 90% of eligible costs on an 18–24 month timeline; the federal Highlands Grant (less predictable); and CLCC TAG and LEAP grants, which are commonly used to support transaction costs.
The Commission emphasized coordinating the Open Space Plan with the town’s 2027 Plan of Conservation and Development (POCAD). Members said Land Use Office staffing shortfalls have slowed incorporation of the Plan into the POCAD renewal and asked staff and volunteers to continue coordination with Land Use Director Carol Bramley. The Commission also flagged recently available Aquarion parcels near Maple Street and Dudley Road, noting state law requires water-company land no longer needed for supply to be offered first to preferred purchasers (state agencies, municipalities, and qualified land trusts), making such parcels potential local acquisition opportunities.
Next steps: Cleve will contact the Town Treasurer to clarify conveyance-tax administration and restrictions; the Commission will evaluate ordinance amendments to facilitate Fund expenditures; and the Commission plans a public Town meeting to present the Open Space Plan and build support ahead of the 2027 POCAD update.
