Transferable Development Rights (TDR)

Overview

A Transferable Development Right (TDR) permits all or part of the density potential of one tract of land to be transferred to another noncontiguous parcel. The density potential unit (TDR) becomes a separate right of property ownership which can be sold separate from the land from which it was created. The TDR sold can then be used to increase the density potential of another parcel. The properties selling TDRs are the Agricultural Preservation Districts (APD) and are referred to as the sending area. The properties able to utilize TDR to increase their density potential are the designated receiving areas. The purpose behind the TDRs being to move density out of the areas we want to preserve and to move it to those more suitable.

Once an APD is recorded, the landowner can apply to certify TDRs by application, staff calculates TDRs based on:

  • 1 TDR per acre
  • 5 TDRs deducted per residence on the property
  • 5 TDRs added for each grandfathered lot authorized but unused.
  • TDR certification applications have to go through the APAB for approval and recommendation to the BOCC for approval. Once the BOCC approves, the TDR certification is recorded in Land Records.

Forest Conservation Transferable Development Rights (FCTDRs)

After techniques for retaining existing forest on the site have been exhausted, mitigation may be required to address the minimum requirements for Forest Conservation. One option in the sequence of mitigation is the purchase of Forested TDRs from an Agricultural Preservation District (APD) with existing forestland, to be retained as forestland in perpetuity via the recordation of Forest Retention Area (FRA) on a plat, and covenants applied to the APD. Refer to Sections 8-3.04.J and 8-3.04.K of the Zoning Ordinance for more information.

Forest Conservation Transferable Development Rights Brochure (PDF)

If you are utilizing FCTDRs, the following documents must be submitted for review, and recorded in the Land Records. Contact the Rural Planner with the Dept. of Planning and Zoning for more information.

Conveyance of Forest Conservation Development Rights (no lien) (PDF)
Conveyance of Forest Conservation Development Rights (with lien) (PDF)
Forest Conservation TDR Covenants (PDF)
Forest Conservation TDR Allocation Statement (PDF)

TDR Sales by Year

  1. 2018
  2. 2017
  3. 2016

2018

Qtr.DatesNumber of TDRsAvg. cost per TDRNumber of FC TDRsAvg. cost per FCTDR
1Jan. Feb. Mar.4$3,200.000$0.00
2Apr.May.Jun48$2,843.750$0.00
3Jul. Aug. Sept

--
4Oct. Nov. Dec.

186.5

$2,900.00

0$0.00
TOTAL238.5$6,043.00--