Help with Transfer of Development Rights has Arrived!

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Transfers of Development Rights (TDRs) have long been seen by Virginia localities as a tool for good planning and to achieve the local future land use plan. But for a long time, Virginia localities had no authority to permit TDRs. See Opinion to the Honorable Robert T. Andrews, 1985-86 Va. A.G. op. 112 (Loudoun County TDR program).

In 2007, this changed, but the statutes approved that year (Virginia Code sections 15.2-2316.1 and 15.2-2316.2) had some significant limitations, perhaps most significantly the requirement that the separation of the rights from the “sending” property be immediately “attached” to the receiving property. In 2009, the statutes were significantly amended to correct this and other perceived barriers to localities and landowners using TDRs. 2009 Va Acts of Assembly ch. 413.

To assist localities and landowners alike in pursuing a TDR program, a group of stakeholders gathered at the Virginia Association of Counties (VACo) office for many months in 2009 to create a “model ordinance” and associated forms. I blogged about this last Fall in an article entitled, “Transfer of Development Rights are on the Way”. Now, the help has arrived!

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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