What are Transfer of Development Rights (TDR’s)?
A transfer development right (TDR) is a planning tool used to preserve natural resources and steer development closer to population centers. Landowners in the sending area district can sell a development right to a property owner in the land designated in the receiving area. This allows the “receiving area” landowner an increased number of development rights than currently zoned while preserving areas in the “sending area” for productive agriculture or open space.
Is my property in the sending or receiving area?
- Click on the button on the TDR homepage.
- Check either TDR Receiving (brown) or TDR Sending (green)
- Enter your last name or address in the magnify glass/ search button and press the search button.
Where is the TDR chapter in the Blaine County code?
A-40: Blaine County Code 9-5A-8
A-20: Blaine County Code 9-5-8
R-10: Blaine County Code 9-6-3
A-20: Blaine County Code 9-5-9
Do I need a parcel determination?
Often the first step in development is the completion of a parcel determination by P&Z staff. This process, which is at the request of the owner, clarifies the number of lots of record in ownership at the time of development.
I am in the sending area, what is a TDR certification?
Qualifying owners in the sending areas can apply for certification of their TDRs by the Blaine County Land Use Department and Recorder through a TDR Application for Certification. This certification does not bind the owner to the TDR program in any way, it does, however, provide more options to that owner if they choose to sell the development rights associated with their property. Qualifying parcels must be an original lot of record of at least 40 acres as of July, 2006.
If an owner wishes to enter the TDR program and transfer only a portion of their TDRs, a survey of their property is necessary for describing the area to be placed in the program.
After the Certification of TDRs, the private market for TDRs will dictate the price. The sending area owners can market them through the Blaine County website (www.blainecounty.org) or any means at their disposal. Those qualified owners in the receiving areas can then purchase the TDRs from the sending area owners or any other owners of TDRs for development.
TDR’s are market-driven. It is up to the seller and buyer to negotiate the final price for sale. A common methodology is for the buyer in the receiving area to calculate different development scenarios, ultimately creating a TDR value for negotiation. Items to be considered are: value of vacant land, value of land with a primary residence, real estate commission, carrying interest rate, engineering and survey costs, infrastructure cost, estimated days on market, and capital gains tax.
A TDR shall become affixed or appurtenant to a specific receiving area parcel upon approval by the county of a plat pursuant to the provisions of 10-4 of the Blaine County Code. The receiving area can be developed to one unit per 2.5 acres. Qualifying parcels must be at least 10 acres in size to enter the TDR program. The receiving areas have the flexibility to utilize Cluster Developments and Planned Unit Developments in their proposals.