The document discusses transfer of development rights (TDR) programs, which allow landowners in designated "sending areas" to sever and sell development rights to developers in "receiving areas" in exchange for permanently protecting their land. It provides examples of successful TDR programs that have preserved hundreds of thousands of acres, including in Montgomery County, MD, King County, WA, and New Jersey's Pinelands. It also discusses using TDR programs to fund the restoration of natural and historic areas.

1. Restored By Development Repairing Natural Areas Using TDR Ecocity World Summit – April 26 , 2008 Rick Pruetz, FAICP What is TDR? Where has it worked? Where is it used for restoration?

2. Greenspace Benefits Cities Green infrastructure Food security Compact & efficient urban form Quality of life

3. Many communities rely entirely on zoning to “protect” greenspace Zoning Essential Cheap But often does not implement goals Never permanent

4. Acquisition of land or easements Permanently implements some goals But expensive Unlikely to accomplish all necessary preservation

5. TDR Basics TDR Market-based Works with zoning code TDR encourages voluntary re-direction of growth From sending areas To receiving areas

6. Sending site owners can choose not to use TDR Or choose TDR Record easement restricting development Create number of TDRs allocated by code Sell TDRs as compensation for preservation

7. Receiving area developers can choose non-TDR option Don’t buy TDRs Build at or below baseline

8. …Or choose TDR option: Buy TDRs Exceed baseline density limits Achieve more profit

9. Example: Montgomery County Farmland lost to development Wanted to compensate farmers for preservation Inadequate funding from taxes, fees or grants

10. Montgomery County, MD – Sending and Receiving Areas Source: Geographic Information Systems, Department of Information Systems & Telecommunications, Montgomery County, www.montgomerycountymd.gov/Content/DED/AgServices/images/PRES2003.jpg.

11. 90,000 acres zoned TDR sending Build on-site at density of one unit per 25 acres Or deed-restrict site and sell one TDR per 5 acres

12. Various TDR Receiving zones Choose 5 units/acre without TDR purchase Or 7 units/acre by buying one TDR for each extra unit

13. Montgomery County Results Landowners sell development rights and keep farm income Developers find TDR more profitable County has preserved 51,000 acres without tax $

14. King County, WA Blue Earth County, MN Calvert County, MD

15. What does TDR protect? Of 172 TDR programs: 69 environmental 44 environment & farmland 32 farmland 15 historic preservation 12 other (housing, infrastructure, urban design, revitalization)

16. Program Profiles When TDR Works... King County, WA: 91,500 acres New Jersey Pinelands: 54,800 acres Montgomery County, MD: 51,500 acres Palm Beach County, FL: 35,000 acres Collier County, FL (RLS): 24,100 acres Calvert County, MD: 12,200 acres Boulder County, CO: 5,900 acres San Luis Obispo County, CA: 5,500 acres Pitkin County, CO: 5,400 acres Blue Earth County, MN: 5,200 acres Miami-Dade County, FL: 4,100 acres Douglas County, NV: 3,600 acres Tahoe Region, CA/NV: 3,500? Chesterfield, NJ: 3,200 acres Queen Anne’s Co., MD: 2,600 acres Collier County, FL (RF): 2,300 acres Charles County, MD 2,300 acres Long Island Pine Barrens, NY:1,300 acres Warwick Township, PA: 1,000 acres

17. Program Profiles King County, WA Conservation Futures Tax stocks TDR bank Inter-jurisdictional transfers to cities Issaquah Black Diamond Seattle 91,500 acres preserved

18. Program Profiles New Jersey Pinelands One million acre planning area with 60 jurisdictions Transfers between communities required by State 54,800 acres

19. Program Profiles Palm Beach County, FL Bond proceeds bought 35,000 acres of environmentally-sensitive land County severed TDRs and sells them for $25,000 each (2007) Proceeds become ongoing revolving fund

20. Program Profiles Collier County, FL Rural Land Stewardship Florida’s first RLS Wide choice of easements New town receiving site reduces opposition Other RLS programs in preparation 24,100 acres

21. Program Profiles Calvert County, MD Sending area owners volunteer for rezoning from 1 per 10 to 1 per 25 acres Some receiving sites operate at very low density 12,200 acres

22. Program Profiles Sarasota County, Florida 1982 program designed to protect ecologically-valuable land, flood hazard and storm surge zones 8,200 acres preserved Changed to rural fringe in 2004

23. Program Profiles Boulder County, CO Voluntary IGAs with seven incorporated jurisdictions Inter-jurisdictional TDR has saved 5,900 acres

24. Program Profiles San Luis Obispo County, CA Conservancy used $275,000 loan to buy land 250 parcels became pine preserve Conservancy sells TDRs Revolving fund doubled Countywide TDR preserved 5,400 acres

25. Program Profile Pitkin County, Colorado Preserves remote mining claims One TDR per 35 acres or one seasonal cabin TDRs allow residential units to exceed baseline floor area (4,750 sf) 5,400 acres preserved

26. Restoration with TDR Many Historic Preservation TDR Programs Involve Restoration Some require restoration or restoration plans for sending landmarks Dallas, TX West Hollywood, CA Pittsburgh, PA Los Angeles, CA New York, NY Theater Dist. Some offer bonus TDRs for restoration Denver, CO

27. Restoration with TDR Collier County, FL Rural Fringe Some environmental programs also require or encourage natural restoration: Tahoe Regional Planning Agency Collier County’s Rural Fringe TDR (1 of 3 programs) grants TDRs for preservation and restoration: Wetland reconstruction Removal of invasive species

28. Restoration with TDR Berkeley, CA – Strawberry Creek Greenway Under this draft ordinance (not adopted) Sending sites would be residential houses on top of deteriorating culverts Owners would receive TDRs for restoring creek and deeding property to City for creation of greenway from UC campus to San Francisco Bay TDRs would allow additional floor area in downtown Berkeley

29. For more information: www.BeyondTakingsAndGivings.com Introduction to TDR Portions of Beyond Takings and Givings TDR program updates Programs adopted since 2003 publication date