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Regional Transfer of Development Rights Program
                
Transfers of Development Rights
 New: December 2008  Link to TDR Final Report
What more can we do to conserve rural, agricultural and forested land?

Staff contact:  Heather Ballash - Transfer of Development Rights Specialist, CTED

Chapter 43.362 RCW – Regional Transfer of Development Rights Program
2SHB 1636 – Final Bill Report (2007)
 
Description
The Regional Transfer of Development Rights Program is focused on four central Puget Sound counties (King, Kitsap, Pierce, and Snohomish), and the 71 cities within their boundaries. A transfer of development rights (TDR) program is a market-based mechanism that encourages the voluntary transfer of growth from places where a community would like to see less development, referred to as sending areas, to places where a community would like to see more development, referred to as receiving areas. The regional program will build upon existing TDR programs, pilot projects, and private initiatives through the creation of a market-based program in central Puget Sound.
 
Background
Local governments have always had the option of adopting a TDR program under the planning laws of the State. TDR programs are encouraged under the Growth Management Act as an innovative land use technique. The regional program is based on Chapter 43.352 RCW, enacted in May 2007.
 
The Washington State Department of Community, Trade and Economic Development (CTED) must fund a process to develop a regional TDR program in central Puget Sound. It will focus on conservation of rural, agricultural and forested lands. CTED will encourage and assist with county and city efforts to develop local TDR programs, and work with the Puget Sound Regional Council to develop a regional process. CTED will work with an advisory committee to develop a regional TDR marketplace that includes, but is not limited to, supporting strategies to financing infrastructure and conservation.
 
Policy Advisory Committee
Policy advisory committee members and meeting materials

The advisory committee of nine stakeholders includes two representatives of nongovernmental organizations with expertise in TDRs, two representatives from real estate and development, one county representative, two representatives from cities of different sizes and geographic areas, and two representatives of the agricultural industry.
 
CTED and the advisory committee were required to provide findings and legislative recommendations to implement a regional TDR program to the Legislature and the Governor by December 1, 2008. The recommendations will:
  • Identify challenges for cities that, if resolved, would result in their participation in TDR programs.
  • Identify state funding incentives for counties and cities to implement TDR programs.
  • Consider creation of a regional TDR market mechanism, such as a TDR bank, brokerage, or direct buyer-seller exchange.
  • Address issues of certainty for buyers and sellers to encourage their participation in a regional TDR market.
  • Address the need for appropriate compensation for development rights in sending areas, as well as assuring the quality of life in receiving areas.
Creating a Regional Transfer of Development Rights Program for Central Puget Sound
Final report released December 2008.  The report with recommendations for implementing a regional transfer of development rights program was delivered to the Governor and the Legislature in December 2008.
 
What’s Next
The Policy Advisory Committee will continue to meet through early 2009. The Committee encourages public comment at their meetings. 
 
Technical Advisory Committee
CTED has also convened a technical advisory committee by E-mail.  CTED consults committee members, and many of these members have participated in the discussions for developing a regional TDR program.  See the list of technical advisory committee members.
 
TDR Market Analysis of Central Puget Sound
CTED hird DC&E (formerly Solimar Research Group, Inc.) to conduct a market analysis of TDRs in the four central Puget Sound counties.  The consultant team was also tasked with studying the feasibility of inter-jurisdictional transfers and recommending a market mechanism. Please see the Market Analysis for Regional Transfer of Development Rights in Central Puget Sound, dated June 13, 2008.
 
Additional pages for TDR Program Information
 
 
 
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