Transferable Development Rights (TDRs)

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According to guidance materials published by the American Planning Association in 2009, transferable development rights (commonly referred to as TDRs) have been used in more than thirty-three (33) states across the United States as a planning tactic to preserve an estimated 400,000+ acres of farmland, open space, and other environmentally significant lands. 

Utah is one of the great states in which TDRs are allowed.  Utah State Code (as amended) defines TDRs in §10-9a-103 (for municipalities) and §17-27a-103 (for counties)  as “a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone  to transfer land use rights from a designated sending zone to a designated receiving zone.” 

Special Note: The Office of the Property Rights Ombudsman has provided funding for this training program from the 1% surcharge on all building permits in the State of Utah.

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