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Transfer of Development Rights – Its Problems and Potential as a Land-Use Control Technique

Published online by Cambridge University Press:  10 May 2017

Donn A. Derr ,
Thomas Norman  and
Lee D. Schneider
Donn A. Derr
Affiliation:
Department of Agricultural Economics & Marketing, Rutgers University
Thomas Norman
Affiliation:
Institute for Environmental Studies, Rutgers University
Lee D. Schneider
Affiliation:
Department of Agricultural Economics & Marketing, Rutgers University
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Extract

In the Northeast, major problems relating to natural resource use, particularly agriculture, can be attributable in large part to outgrowths of the rural-urban interface. As communities (cities, towns, boroughs, townships, and counties) strive to fulfill their basic needs for health, education, police protection, recreation, housing, highways, and productive open space, new and more sophisticated methods of implementing land-use controls are needed. Experience indicates that in rapidly urbanizing areas traditional land-use mechanisms for directing growth do not guarantee the degree of permanence that is required to preserve productive open space. An alternative land-use control mechanism to ensure open space preservation explored in this paper is the transfer of development rights and the purchase of development easements.

Type
Research Article
Information
Journal of the Northeastern Agricultural Economics Council , Volume 2 , Issue 2 , October 1973 , pp. 185 - 197
Copyright
Copyright © Northeastern Agricultural and Resource Economics Association 

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Footnotes

*

The concepts and procedures discussed in this paper were developed over a period of several months through work with the Governor's Blueprint Commission on the Future of New Jersey's Agriculture. Specific assi stance was provided by William L. Park, John M. Hunter, B. Budd Chavooshian, Victor Kasper, Jr., David Burns, members and staff of the Governor's Blueprint Commission, New Jersey Department of Agriculture, the New Jersey Farm Bureau, and the New Jersey State Grange.

References

1/ Maryland Senate, A Bill to Promote the Conservation of Open Space Through the Creation of Conservation Districts, Bill No. 792, Senator William V. Goodman, March 15, 1971.Google Scholar

2/ “Preservation of Farmland through Zoning and a Community Land Trust” – Frederick H. Reuter of McCrosky – Reuter Planning Consultants in Cooperation with the Southampton Town Planning Board and Thomas M. Thorsen, Town Planning Director, October 29, 1971 (mimeograph).Google Scholar

3/ New York City Planning Commission, Amendments to the Zoning Resolution Pursuant to Section 200 of the New York City Charter Concerning the Establishment of Special Park Districts, CP-22128A, November 8, 1972.Google Scholar

4/ The Open Space Preservation Act – A Proposed Bill, prepared by an advisory committee of the College of Agriculture and Environmental Science, Rutgers University, B. Budd Chavooshian, Chairman, Thomas Norman, Esq., legal consultant.Google Scholar

5/ The Blueprint Commission on the Future of New Jersey Agriculture, Report of the Blueprint Commission on the Future of New Jersey Aqriculture, State of New Jersey, Trenton, April, 1973, p. 15.Google Scholar

6/ Ibid., pp. 9–10.Google Scholar

7/ The terms designated area, agricultural zone and open space preserve are used interchangeably throughout this paper to indicate an area where further development will not be permitted.Google Scholar

8/ This example is for illustrative purposes and there are many variations possible. The important point is that in order to develop, a builder must purchase development right(s) from a fee owner in the agricultural zone.Google Scholar