Transfer of Development Rights
(TDRs) is a program aimed protecting our natural resources. Transfer of
development rights is defined as;
“a device
by which the development potential of a site is severed from its title and made
available for transfer to another location. The owner of a site within a
transfer area retains property ownership, but not approval to develop. The
owner of a site within a receiving area may purchase transferable development
rights, allowing a receptor site to be developed at a greater density.”
It is therefore a method for land
protection through transferring the rights to develop from an area and giving
them to another. This occurs through consensus to place conservation easements
on property in agricultural areas and on the other hand allowing development
densities to increase in those areas that are being developed. Normally, costs
of purchasing the easements are recovered from developers who receive building
bonus. There has been increasing preservation and protection of open space,
natural resources, farmland, and urban areas of historical importance all over
the country as a result of this program. This program has been used to secure
land for solid waste facilities as well as golf courses. Currently, more than
20 states have amended or enacted statutes accommodating the TDR concept and 7
states have statutes specific to farmland protection.
The ownership of a property can be
described as an individual’s rights. Land ownership includes rights pertaining
to minerals, agriculture, timber, surface and ground water, air, and
development among others. In most cases the individual development rights are
constrained by the use of zoning.
TDRs concept provides for
financial compensation to property owners while the society imposes the
necessary land use regulations in order to control growth and development. The
development right is independent of land ownership and can be shifted from one
area to another.
The cost of TDR in this county has
been changing substantially. In 1983 a unit of TDR was selling for $1,000 an
acre while in 1996 it was selling for $2,200 an acre. TDR in this county has
been of great success due to its integration with programs such as Purchase of
Development Rights and are accredited for preservation of 93,000 acres of land
in Michigan.
Montgomery County enacted an
ordinance in 1980 putting the national TDR program in place. This program has
helped in protection of more than 40,000 acres of farmland, which is still
under the farmer’s ownership and has resulted in the shifting of development,
in the county, from agricultural areas to growth areas.
Reference:
http://ohioline.osu.edu/cd-fact/1264.html