Transferable Development Rights (TDR)

Transferable Development Rights (TDR) are a zoning tool that allows property owners to transfer the right to develop one parcel of land to another parcel, facilitating controlled urban development and the preservation of resources.

Definition of Transferable Development Rights (TDR)

Transferable Development Rights (TDR) represent a zoning innovation designed to control urban sprawl and encourage the preservation of natural, agricultural, or historical resources. Essentially, TDR programs permit landowners to sell the rights to develop their land (the sending area) to developers or other entities, who then use these rights to increase the density of development in another designated area (the receiving area).

Key Components:

  1. Sending Areas: Locations targeted for preservation, where development rights are severed.
  2. Receiving Areas: Locations designated to absorb the increased density transferred from the sending areas.
  3. TDR Credits: The quantifiable units of development potential that are transferred between parcels.

Examples of Transferable Development Rights (TDR)

  1. Farmland Preservation: In a rural community, farmers can sell TDRs to developers who wish to build high-density housing in urban zones, enabling the farmland to remain undeveloped.
  2. Urban Infill: A city might allow the transfer of development rights from heritage buildings or parks to central business districts, thereby preserving historical sites while promoting downtown growth.
  3. Environmental Protection: Development rights from ecologically sensitive areas can be sold, restricting construction in these zones while encouraging sustainable development elsewhere.

Frequently Asked Questions (FAQs)

What is the main goal of Transferable Development Rights (TDR)?

The primary objective of TDR schemes is to manage and direct growth, ensuring development occurs in appropriate areas while protecting land that has agricultural, environmental, historical, or cultural value.

How do TDR programs benefit property owners?

Property owners in sending areas can monetize otherwise restricted land by selling development rights, which they would not be able to fully exploit due to zoning restrictions.

Who regulates and administers TDR programs?

Local governments or regional planning authorities typically oversee TDR programs. They set the rules, designate sending and receiving areas, and ensure compliance with zoning regulations.

Can TDR programs be applied in all areas?

Not all areas are suitable for TDR programs. Success depends on market demand for increased development density in receiving areas and the community’s valuation of preserving sending areas.

What challenges are associated with TDR programs?

Key challenges include establishing a balanced market for TDR credits, bureaucratic complexity, and ensuring public understanding and support for such programs.

Zoning

A regulatory toolkit used by municipalities to control land use, ensuring harmony between different uses and promoting public welfare.

Urban Sprawl

The uncontrolled or unplanned expansion of urban areas into the surrounding countryside, often characterized by low-density residential development.

Density Bonus

A zoning incentive allowing developers to exceed standard density limits in exchange for providing public benefits, often tied to goals like affordable housing or sustainable development.

Land Banking

The practice of acquiring, holding, and managing land for future public or private use, often used to control the timing and nature of development.

Online Resources

  1. American Planning Association (APA): www.planning.org
  2. The Lincoln Institute of Land Policy: www.lincolninst.edu
  3. The Smart Growth Network: www.smartgrowth.org
  4. U.S. Environmental Protection Agency (EPA) Smart Growth: www.epa.gov/smartgrowth
  5. Local Government Training: www.localgovtraining.com

References

  1. Pruetz, Rick. “Beyond Takings and Givings: Saving Natural Areas, Farmland, and Historic Landmarks with Transfer of Development Rights and Density Transfer Charges.” Arje Press, 2015.
  2. Skidmore, Mark, and Krmenec, Andrew J. “Transferable Development Rights: A Policy Approach for Urban Growth Management in the United States.” Land Use Policy, 2009.

Suggested Books for Further Studies

  1. Pruetz, Rick. “Transfer of Development Rights Updated and Expanded: Using the Market for Compensation and Preservation.”
  2. Gordon, Peter, and Richardson, Harry W. “Urban Planning and Development.”
  3. Nelson, Arthur C., and Duncan, James B. “Growth Management Principles and Practices.”

Real Estate Basics: Transferable Development Rights Fundamentals Quiz

### In a Transferable Development Rights (TDR) program, what is the term for the parcels where development rights are restrained to encourage preservation? - [x] Sending Areas - [ ] Receiving Areas - [ ] Storage Zones - [ ] Development Areas > **Explanation:** Sending areas are designated zones from which development rights are transferred to encourage preservation of natural, historical, or agricultural land. ### What can developers in high-demand urban areas purchase through a TDR program to increase building density beyond usual zoning limits? - [ ] Zoning Amendments - [x] Development Rights - [ ] Land Contracts - [ ] Environmental Permits > **Explanation:** Developers can purchase development rights through TDR programs to increase the allowable density of construction projects in receiving areas. ### What is the primary goal of implementing a Transferable Development Rights (TDR) program? - [ ] Maximizing revenue from land sales - [ ] Simplifying zoning regulations - [x] Controlling urban growth while preserving significant land - [ ] Expanding urban borders > **Explanation:** The primary objective of TDR programs is to manage urban growth and direct development to suitable areas while preserving land that has high agricultural, environmental, or historical value. ### Which of the following entities generally administers TDR programs? - [ ] Private Developers - [ ] Real Estate Agents - [x] Local Governments or Regional Planning Authorities - [ ] Federal Government Agencies > **Explanation:** Local governments or regional planning authorities are responsible for administering TDR programs, setting rules, designating areas, and ensuring compliance. ### How do landowners in designated sending areas typically benefit from TDR programs? - [ ] By receiving construction grants - [x] By selling their development rights - [ ] By obtaining variance permits - [ ] By developing multifamily units > **Explanation:** Landowners in sending areas can benefit financially by selling their development rights, which are otherwise restricted by conservation or zoning regulations. ### TDR programs help in controlling which type of urban issue? - [ ] Traffic Congestion - [ ] Utility Management - [x] Urban Sprawl - [ ] Crime Rates > **Explanation:** TDR programs are designed to control urban sprawl by directing development to appropriate receiving areas while protecting designated sending areas. ### What is a "TDR Credit"? - [ ] A tax deduction for developers - [ ] A subsidy for preserving properties - [x] A unit representing a certain amount of development potential - [ ] An eco-friendly certification > **Explanation:** A TDR Credit is a measurable unit representing transferable development potential, which property owners can sell from sending areas to develop in receiving areas. ### In a successful TDR program, where should increased development density primarily occur? - [ ] In sending areas - [ ] Across all zones without restrictions - [x] In designated receiving areas - [ ] On public land > **Explanation:** Increased development density should primarily occur in designated receiving areas to ensure orderly growth and preserve sending areas. ### What type of land is typically targeted for preservation through TDR? - [ ] Industrial zones - [ ] Areas with outdated infrastructure - [x] Agricultural, environmental, or historical lands - [ ] Commercial districts > **Explanation:** Lands preserved through TDR programs typically include those with agricultural, environmental, or historical significance. ### Which of the following is a key challenge associated with implementing TDR programs? - [ ] Increased construction costs - [ ] Limited market demand for high-density zones - [ ] Decreased property values - [x] Establishing a balanced market and ensuring community support > **Explanation:** One of the key challenges is establishing a balanced market for TDR credits and ensuring public understanding and support of the program.
Sunday, August 4, 2024

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