Land and open-space preservation is a real legal concept in Pennsylvania. A township can pursue preservation of land or open-space interests, but that does not mean it can happen automatically or without formal legal steps.

Right now, Upper Allen Township’s 2025 tax ordinance imposes a 0.2 mill park improvement tax, and the adopted 2025 budget says that levy is limited for use on projects related to parks. Public budget documents also show that this fund is currently tied to items such as fitness equipment, trail additions, fencing, trees, benches, and park asset replacement. 

That matters because parks and open-space preservation are related, but they are not always the same thing legally. 

If someone claims the Township can simply redirect the current park tax to buy open space or conservation easements without raising taxes, that is not something the public should assume is already settled. 

The Township solicitor would need to determine whether that use fits within the current levy or whether a separate legal funding method is required.

Pennsylvania’s open-space law does give municipalities authority to acquire interests in real property for preservation purposes. It also says a local government unit should not acquire those interests under the act unless the land has been designated for open-space use in a resource, recreation, or land-use plan recommended by the planning commission and adopted by the governing body. 

If the current park tax does not legally cover open-space acquisition, then the Township would need a different funding path. Pennsylvania law also lays out a referendum process for imposing an open-space tax, including how the ballot question is framed and when the question goes to voters.