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Introduction

As the population of the United States continues to grow rapidly, state and local governments face a challenge in encouraging development while preserving natural resources, open space, agricultural land, and historic sites. The majority of state and local governments’ current land use regulations are in the form of zoning ordinances, under which development is controlled within designated districts. Because zoning laws are applied uniformly, entitling each lot to the same amount of development, they are often seen as inflexible and causing inefficient growth management.

Despite the competing interests of development and protection of land, alternative land use solutions have been gaining popularity in recent years. Transfer of development rights (TDR) programs have been adopted throughout the country by both local and state governments to maintain growth without sacrificing sensitive lands. TDR programs allow communities to better manage growth by concentrating development in designated non-sensitive areas called receiving zones. Landowners of property identified as sensitive or in need of protection (called sending zones), are enabled to sell the rights to develop their land to developers. Developers can then use these rights to increase the density of developments within the receiving zones more than previously allowed under zoning regulations.

Photo courtesy of the U.S. Department of Agriculture, Natural Resources Conservation Service

Many local governments, like Montgomery County, Maryland, and Pinelands, New Jersey, have been using TDR programs for decades and preserving thousands of acres of sensitive agricultural and open space lands. New Jersey recently enacted a statewide TDR program. However, as cities and states continue to grow exponentially, it is important to have land use regulations like TDR programs to better manage growth and protect agricultural land, open space, and historic sites.

This web site offers the tools necessary to protect your state’s agricultural land, open space and historic sites from unmanaged development by implementing a transfer of development rights program, including a sample bill, talking points, press clips, a fact pack, research, and other background information.

We may have other useful materials on this subject, which are not posted on our web site. Please feel free to contact us at info@serconline.org or call our office in Madison, Wisconsin, at (608) 252-9800.

If you’ve used this site and found it helpful or, if you have suggestions about how it could be made more helpful, please let us know. Feel free to use the sample bill text included here in your state. If you do, please notify us.

This package was last updated on February 4, 2005.