Legal Definitions - open space

Open space refers to land, typically located within or bordering urban and suburban areas, that is kept largely free from buildings and extensive development. This land is legally protected and permanently designated for specific uses, primarily for agriculture, public recreation, or the preservation of natural habitats and resources.

While open space can be owned by either public entities or private individuals or organizations, its use is restricted to maintain its undeveloped character. Access to open space can vary, from fully public parks to private conservation areas with limited entry. It's important to note that open space isn't always wild; it can include cultivated areas like community gardens, working farms, or managed public parks. However, it specifically excludes areas primarily occupied by built structures such as parking lots, swimming pools, or sports courts.

• Example 1: The City's Riverfront Park

  A large, grassy area along a river in the heart of a bustling city, featuring walking paths, picnic spots, and natural wetlands. This park is publicly owned and maintained, offering unrestricted access for residents to enjoy nature and recreation. It remains largely free of buildings, with only small, necessary facilities like restrooms or information kiosks, ensuring its primary function as an undeveloped recreational and conservational area within an urban environment.

• Example 2: The Suburban Agricultural Preserve

  On the outskirts of a rapidly expanding suburban town, a significant tract of land is legally protected as an agricultural preserve. This land is privately owned by a farming family but is subject to a permanent conservation easement that restricts it solely to farming activities and prohibits residential or commercial development. While primarily used for growing crops, a small portion might include a designated public walking trail, illustrating how open space can be privately owned, dedicated to agriculture, and offer limited public access.

• Example 3: The Mountain Foothills Wilderness Area

  A vast, undeveloped expanse of forested foothills bordering a growing metropolitan area is designated as a wilderness open space. This area is publicly owned and managed by a state park system, with its primary purpose being ecological conservation and passive recreation like hiking and wildlife observation. Development is strictly limited to unpaved trails and minimal signage, ensuring the natural state of the land is preserved for environmental protection and public enjoyment, even though it's not a "wild" untouched wilderness but a managed conservancy.