Transferable development rights

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Transferable development rights (TDR) is a method for controlling land use to complement land-use planning and zoning for more effective urban growth management and land conservation. The TDR process can be considered a tool for controlling urban sprawl by concentrating development. TDR is a legal mechanism offered in some local government jurisdictions as a form of development control. TDR are also a way to avoid constitutional takings issues caused by rezoning areas that would otherwise eliminate a significant amount of value from the property. The procedure offers landowners financial incentives or bonuses for the conservation and maintenance of the environmental, heritage or agricultural values of their land. TDR is based on the concept that with land ownership comes the right of use of land, or land development. These land-based development rights can in some jurisdictions be used, unused, sold, or otherwise transferred by the owner of a parcel.[1]:3 [2]

Developers can purchase the development rights of certain parcels within a designated "sending district" and transfer the rights to another "receiving district" to increase the density of their new development. Sending districts are commonly made up of areas with desirable traits that are at risk of being developed such as agricultural lands or wilderness areas, but may also be newly designated historic sites. Receiving districts are typically are located urban areas that are ripe for development. Alternatively, parcels with buildings that do not use all of their available size have "excess" developable capacity that can be conveyed to other parcels, possibly adjoining the first parcels. A widely-noted example of districted TDRs is the Montgomery County, Maryland Agricultural Reserve.[3] TDR programs have been implemented in over 200 U.S. communities,[1]:25 in several states, including Colorado[4], Massachusetts[5], Virginia[6] and Washington.[7] Receiving districts are generally areas more suited for higher density developments and sending districts are areas with environmental, heritage or agricultural values that the county, city or town wishes to preserve.[8]

One of the most famous examples of a TDR is in the Penn Central case.[when?][where?] The court held that the historic preservation commission did not deny the owners of Penn Station all economic value by denying them the right to build an office building above the station because their "air rights" were able to be used as a TDR to build higher than the conventional zoning allowed on their other properties.[9][full citation needed]

TDR credit banks can be used to store development rights that have been purchased if there is not yet a receiving area development identified. This mechanism is used when the time of the sale in the sending area is not concurrent with a development in the receiving area. It is also useful in communities that have the opportunity to purchase the rights from an area of high conservation interest but do not have a development that can receive higher density at the time. TDR credit banks should be operated by a third party organization that is empowered to negotiate the sale of development rights such as a non-profit organization or an agency operating within the community.[10]

See also[edit]

References[edit]

  1. ^ a b Nelson, Arthur C.; Pruetz, Rick; Woodruff, Doug (2011). The TDR Handbook: Designing and Implementing Transfer of Development Rights Programs. Washington, D.C.: Island Press. ISBN 9781610911597.
  2. ^ "Transfer of Development Rights; Fact Sheet" (PDF). Washington, D.C.: American Farmland Trust. April 2008. Archived from the original (PDF) on 2011-01-16.
  3. ^ "Agricultural Reserve". Silver Spring, Maryland: Montgomery County Planning Department. 2018-02-23.
  4. ^ "Transferable Development Rights Program". Property & Land. Boulder County, Colorado. Retrieved 2018-05-30.
  5. ^ "Case Studies — Transfer of Development Rights". Energy and Environmental Affairs. Commonwealth of Massachusetts. Retrieved 2018-05-28.
  6. ^ Lloyd, Jr., T. Preston (2012-09-07). "Transfer of Development Rights in Virginia: Tapping into a Market for Land Use Entitlements". Richmond, VA: Williams Mulllen.
  7. ^ "Transfer of development rights in King County, Washington". Sustainable building. King County, Washington. 2016-11-29.
  8. ^ [1] Massachusetts Smart Growth/Smart Energy Toolkit "Transfer of Development Rights (TDR)"
  9. ^ http://www.law.cornell.edu/supremecourt/text/438/104
  10. ^ Massachusetts Executive Office of Energy and Environmental Affairs, "Transfer of Development Rights" Massachusetts Smart Growth/Smart Energy Toolkit Bylaw, 2005. (Feb 1, 2011)