How do landowners benefit from TDR?  Landowners receive compensation for selling their development rights; developers in receiving areas gain the option of building bigger or denser projects.

What is allowed on properties protected under TDR?  When landowners agree to sell their development rights, a conservation easement is applied to a property, restricting only the right to develop land.  The property remains in private ownership for the use and enjoyment of its owner.  Economic uses of the property, such as farming and forestry may continue.

What is the legal basis for TDR?  Washington State law provides general authority under the Growth Management Act, RCW 36.70A  (GMA) for local governments to adopt TDR programs.  The GMA states that local comprehensive plans “should provide for innovative land use techniques” such as TDR in carrying out the purposes of the act.  TDR can also help meet the core goals of the GMA by focusing growth in already urbanized areas and protecting valuable resource lands from development.  In legal challenges to individual TDR programs at the national level, TDR has been upheld by both state and federal courts.  In May of 2009 Governor Christine Gregoire signed a law creating a regional transfer of development rights program, codified as RCW 43.362.

For more information please contact:

Skip Swenson at skips@cascadeland.org or 206.905.6935