Albemarle Explores Transfer Development Rights

An interesting debate is unfolding in Albemarle County, where Supervisor David Slutzky has proposed a Transfer of Development Rights program to protect most of the countryside from development and steer growth into a concentrated urban district equal to about one percent of the county’s land.

At a news conference earlier this week, Slutzky was accompanied by representatives of the Piedmont Environmental Council, the Southern Environmental Law Center, the Free Enterprise Forum (a pro-business advocacy group), and the Blue Ridge Homebuilders, which all supported the idea of looking into such a program.

Brian Wheeler with the Charlottesville Tomorrow blog summarizes Slutzky’s plan as follows:

– The expansion of Albemarle’s growth areas from 5% of all the County land to 6% to create a receiving area for the transfered development rights. Mr. Slutzky describes this as a boundary area, adjacent to parts of Albemarle’s existing growth areas, where development would be allowed by-right (i.e. no rezonings, no proffers, and no requirements to follow the County’s Neighborhood Model).

– A rezoning of rural land to a minimum of one house per 50 acres (current zoning allows one house per a minimum of 21 acres). However, with a change in state law, a grandfathering system would protect any existing development rights such that they could be transferred into the TDR program AFTER the rural area downzoning.

– A bonus density reward for the landowner purchasing the development rights. For every rural area development right purchased a developer could convert it to two housing units in the boundary area (or three housing units if determined to be “affordable housing” units).

– Mr. Slutzky argues that these aspects of a TDR program would create a market based system that would protect more rural land and generate new property tax revenues.

You can also read the Daily Progress’ account, including responses from members of the community, here.

I like the idea of creating a market-based system for trading development rights — it’s inherently more flexible than a system of government regulations. But I’m concerned whether setting aside only one percent of developable land in Albemarle will be enough to accomodate future growth. As Charlottesville/Albemarle transforms itself into a research-intensive, knowledge-based economy, it is bound to grow in the years and decades ahead. If the one-percent land set aside for TDRs is insufficient, where will growth go? Will it leapfrog into neighboring counties, with all the negative consequences of thousands of people commuting long distances to jobs in the urban core?

I don’t know the answer — I merely ask the question. I will follow this debate with interest.