Programs and Services Washington Wire RSS Feed Resize text Resize text
CTED   CTED
 
Home > Divisions > Local Government > Programs & Services > Growth Management Services > Regional Transfer of Development Rights Program
Regional Transfer of Development Rights Program
 
 
What more can we do to conserve rural, agricultural and forested land?
 
Transfer of Development Rights – Another Tool in the Toolbox
 
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 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. The regional program builds upon existing TDR programs, pilot projects, and private initiatives through the creation of a market-based program in central Puget Sound.
 
County TDR Programs
 
 
 
 
 
 
 
 
 
Snohomish County
 
Department of Commerce and TDRs
 
The Washington State Department of Commerce (Commerce) is working with local partners to develop a regional TDR program in central Puget Sound per 2009 legislation. Its focus is on conservation of rural, agricultural and forested lands.  Commerce encourages and assists with county and city efforts to develop local TDR programs, and works with the Puget Sound Regional Council, under a grant from the U.S. Environmental Protection Agency, to implement a regional TDR process.  Commerce is working to provide more technical assistance materials in addition to A Resource Guide to Designing Transfer of Development Rights Programs in Washington State, and to develop a web site that provides information regarding interested buyers and sellers of TDRs. 
 
Interlocal Agreement Rulemaking
 
The 2009 legislation directed Commerce to adopt a rule to facilitate transactions between buyers and sellers of TDRs.  A new chapter, WAC 365-198, would provide an alternative to an interlocal agreement to cities and counties participating in the regional transfer of development rights (TDR) program for Central Puget Sound.  The rule would provide terms and conditions that they may adopt by reference in lieu of an interlocal agreement to transfer development rights.  The rule is intended to facilitate participation by cities and counties in the TDR program.  The rule will be strictly voluntary.
 
Commerce has commenced the rulemaking by filing a Preproposal Statement of Inquiry (notice of intent to commence rulemaking) with the Washington State Code Reviser that will be published in the Washington State Register on December 16, 2009.  Commerce is convening a committee of interested cities and counties to assist in the development of the rule.  Commerce plans to file the draft rule for publication and hold a public hearing in April 2010, and to adopt the rule in May 2010.
 
For information about the meetings of the advisory committee and the rulemaking process, please contact Heather Ballash at (360) 725-3044 or heather.ballash@commercew.wa.gov.  Updates on the rulemaking process will be posted on this web site and sent to the Commerce-TDR List Serv.  See below to sign up for the List Serv.
 
TDR Rule Advisory Committee meeting information and materials
 
The next meeting of the TDR Rule Advisory Committee is on January 26, 2010, 3:00 p.m. – 5:00 p.m., at the Puget Sound Regional Council, Seattle, WA.
 
January 26, 2010 meeting:
 
 
 
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 TDR program is based on Chapter 43.362 RCW, enacted in May 2007 and amended in May 2009.
 
Commerce worked with an advisory committee to develop a regional TDR marketplace that includes supporting strategies to financing infrastructure and conservation.  The work of the advisory committee was directed by Chapter 43.362 RCW, as enacted in May 2007.  Commerce submitted a final report with recommendations for implementing the program that were incorporated into legislation amending Chapter 43.362 RCW in May 2009.
 
Resources
 
A Resource Guide to Designing Transfer of Development Rights Programs in Washington State.   Under contract with Commerce, the Cascade Land Conservancy has developed a resource guide that any county or city may use to develop a transfer of development rights program.
 
Transfer of Development Rights Final Report: Creating a Regional Transfer of Development Rights Program for Central Puget Sound.  Commerce and the Policy Advisory Committee submitted a report to the Governor and the Legislature in December 2008 that is the basis for amendments to Chapter 43.362 RCW and the Regional TDR Program.
 
Other Links
TDR Archives:  TDR Policy advisory committee members and past meeting materials
TDR Resources: White papers for regional transfer of development rights programs, guides, reports
 
 
 
 
CTED   CTED

CTED   CTED
 
Home | Contact Us | Public Records | Site Map
Copyright © 2009 Washington State Department of Commerce
 
CTED   CTED