Members of the Pine Canyon Planning Commission are having second thoughts about a recently adopted mandate that developers set aside a sizable chunk of land within any new residential subdivision.

The development paradigm, called a “conservation subdivision,” requires 40 percent of all new residential subdivisions be comprised of open space. The mandate was adopted last February as a means of preserving the rural character of Pine Canyon.

But when two proposed conservation subdivisions, Heritage Estates and Murray Flats, came before the Pine Canyon planning commissioners for approval last Thursday, some members of the commission were rethinking the mandate as they struggled to interpret how it would be implemented.

At the core of the issue is the question of land ownership.

Under the conservation subdivision rules, a percentage of each lot — called a conservative easement — can not be developed beyond certain limitations. Barns, corrals, horse pastures and farming are all still permitted on such land.

The remaining portion of the land can be used for single-family residential construction.

Citing Utah State and Internal Revenue Service law, Tooele County planner Kent Page said the open space portion of the land is set aside for permanent protection by an “approved legal instrument.” He went on to say an approved legal instrument would be a tax-exempt charitable organization or a government agency.

“There is a lot of misinformation running around about the conservation subdivision easement,” said Nicole Cline, Tooele County planning and economic development advisor. “Landowners do not have to give away their property. The land held in a conservation easement is still private land.”

There are a number of ways to address the issue of an “approved legal instrument,” Cline said. Developers could choose to deed the easement to Tooele County, set up a homeowners’ association or sell it to a nature preserve.

Heritage Estates and Murray Flats are proving to be a test case for conservation subdivisions — a new concept for Tooele County. Pine Canyon Planning Commissioner Gordon Beals said he believes the open spaces of a conservation easement will help land appreciate in value. However, he noted, “There is a need for clarification on the definition of a conservation subdivision.”

As last Thursday’s meeting progressed, questions regarding homeowners associations, policing conservation easements and taxes alarmed many of the Pine Canyon planning commissioners. One commissioner, Carolyn Aagard, said many of these issues were not discussed before the group voted to approve mandated conservation subdivisions.

“It seems counter to the culture of Pine Canyon to have so many controls,” she said.

Commissioners decided to table any decision on the proposed Heritage Estates and Murray Flats subdivisions until after a special meeting and public hearing on the matter planned for June 19 at 7:30 p.m. in the Tooele County Courthouse Auditorium.