Transfer of Development Rights PCC Title 18G

The Transfer of Development Rights Program in Pierce County is a market based approach that shifts development rights from ecologically sensitive and resource rich lands to lands that are more suitable for development. This shift preserves ecologically sensitive and resource rich lands while redirecting growth to urban areas. The land from which the development rights are transferred is called the ''sending site''. The ''receiving site'' is the land to which the development rights are shifted. The receiving site may be developed at a residential density higher than base density.

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TDR Program Overview

A Transfer of Development Rights Program (TDR) allows landowners to transfer the right to develop one parcel of land to a different parcel of land. In the context of farm and forest land protection, TDR is used to shift development from agricultural or productive forest areas to designated growth zones closer to municipal services. The parcel of land where the rights originate is called the ''sending'' parcel. When the rights are transferred from a sending parcel, the land is restricted with a permanent conservation easement. The parcel of land to which the rights are transferred is called the ''receiving'' parcel. Buying these rights generally allows the owner to build at a higher density than ordinarily permitted by the base zoning.

TDR programs are based on the concept that property owners have a bundle of different rights, including the right to use land, lease, sell or bequeath, construct buildings on it and mine it, subject to reasonable local land use regulations. Some or all of these rights can be transferred or sold to another person. When a landowner sells property, generally all the rights are transferred to the buyer.

Most TDR transactions are between private landowners and developers. Local governments generally do not have to raise taxes or borrow funds to implement TDR. Pierce County is currently developing the framework for a TDR /PDR (Purchase of Development Rights) Bank. The TDR/PDR Bank is allowed to purchase development rights from qualified sending sites; and it sells the rights to receiving sites in urban unincorporated Pierce County or in participating cities. As public funds are limited, sites included in the TDR/PDR Bank program will be prioritized to protect those that provide the greatest public benefit in comparison to the price paid for the development rights. An interlocal agreement must be in place between Pierce County and a city before TDR/PDR Bank development rights may be transferred to a development project within the city.

Program Overview	Sending Site Information	Informational Meetings
TDR Exchange	Receiving Site Information	Contacts

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Eligible Sending Sites in Pierce County

The sending site is the parcel(s) from which the development rights are transferred. These sites are resource rich or ecologically sensitive. The number of development rights that may be sold from a sending site are calculated by using the base density of the underlying zone except for sending sites located in Agricultural Resource Lands (ARL) zones.

Sending Site Presentation	Sending Site Application
Easement Templates	Credit Worksheets

Sending Site Criteria
Sending sites must contain a public benefit such that the preservation of that benefit by transferring residential development rights, in the form of density credits, to another site is in the public interest. A sending site will be presumed to contain a public benefit if it meets at least one of the following criteria:

1. Designation in the Pierce County Comprehensive Plan as Agricultural Resource and (ARL) or Rural Sensitive Resource (RSR):
a. Lands designated as ARL in the Alderton-McMillin and Mid-County Community Plans are high priority sending sites;
2. Designation in the Pierce County Comprehensive Plan as Forest Lands (FL);
3. Land located in the Alderton-McMillin or Mid-County Community Plan areas zoned as rural residential zone (Rural Separator, Rural 10, Reserve 5, Rural 20, Rural 40, Rural Farm, or Rural Sensitive Resource), and meeting the definition in RCW 84.34.020 of open space land and is used for agricultural operations;
4. Privately owned land that extends or is located in close proximity to and enhances public trail systems;
5. Identification as habitat for federal listed endangered or threatened species in a written determination by the Washington State Department of Fish and Wildlife, or United States Fish and Wildlife Services, or a federally recognized tribe that the sending site is appropriate for preservation or acquisition;
6. Recreational Conservation Lands;
7. Lands designated as eligible sending sites in a TDR/PDR agreement with a city;
8. Tribal lands that meet one of the above criteria;
9. For purposes of the PDR - Development Rights Bank purchases, any property type eligible for Conservation Futures purchases shall be eligible for purchases by the Development Rights Bank. However, only Conservation Futures properties meeting criteria 1. through 8. above are eligible to transfer density credits to another site; or
10. Washington State Department of Natural Resources managed trust land that meets any criteria numbered 1. through 7. above.

Program Overview	Sending Site Information	Informational Meetings
TDR Exchange	Receiving Site Information	Contacts

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Eligible Receiving Sites in Pierce County

A. Eligible receiving sites shall be:
1. Cities and towns:
a. All city and town receiving sites shall be designated pursuant to an agreement with the County;
2. Unincorporated sites for which an amendment to the Comprehensive Plan has been requested pursuant to Chapter 19C.10 which would result in increased residential density opportunities ; or
3. Sites in the Urban Growth Area for which the base density is increased through the density incentive provisions described in 18A.35.020 C.1.

Program Overview	Sending Site Information	Informational Meetings
TDR Exchange	Receiving Site Information	Contacts

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