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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. TDR is a legal mechanism offered in some local government jurisdictions as a creative, innovative, and experimental form of development control. 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, transferred or sold by the owner of a parcel.[1]

Developers can purchase the development rights of certain properties within a designated "sending district" and transfer the rights to another "receiving district" to increase the density of their new development. A widely-noted example is the Montgomery County, Maryland Agricultural Reserve.[2] TDR programs have also been implemented in Massachusetts [3] and Virginia.[4] 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.[5]

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.[6]

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See also

References

  1. ^ Nelson, Arthur C.; Pruetz, Rick; Woodruff, Doug (2011). The TDR Handbook: Designing and Implementing Transfer of Development Rights Programs. Washington: Island Press. ISBN 9781610911597.
  2. ^ "Agricultural Reserve". Silver Spring, MD: Montgomery County Planning Department. 2018-02-23.
  3. ^ "Case Studies — Transfer of Development Rights". Energy and Environmental Affairs. Commonwealth of Massachusetts. Retrieved 2018-05-28.
  4. ^ 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.
  5. ^ [1] Massachusetts Smart Growth/Smart Energy Toolkit "Transfer of Development Rights (TDR)"
  6. ^ Massachusetts Executive Office of Energy and Environmental Affairs, "Transfer of Development Rights" Massachusetts Smart Growth/Smart Energy Toolkit Bylaw, 2005. (Feb 1, 2011)
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