Douglas County Planning Commission reviews TDR study; consultants recommend phased update tied to master plan

Douglas County planning staff and consultants presented a technical review of the county's transfer-of-development-rights (TDR) program at a Planning Commission workshop, emphasizing that the program has permanently conserved just over 4,000 acres but faces challenges from high land values, inconsistent administration and limited market demand.

Kate O'Neil, planning division staff, told the commission the study began in September 2023 and that county staff contracted Wood Rogers and Leland Consulting to evaluate the program and gather stakeholder feedback. "This is just presentation only," O'Neil said, asking the commission for feedback to inform a final report that will go to the Board of County Commissioners by the end of the year.

The consultants described the program's mechanics, accomplishments and constraints. Derek Kirkland of Wood Rogers said the existing TDR program (adopted in 1996) uses designated sending zones (A-19 and FR-19) and mapped receiving areas; TDRs are market-driven certificates that are not paid until a developer purchases them. Jennifer Shutch of Leland Consulting summarized the program's strengths — permanence of recorded easements, market-based transactions and owner liquidity — and its core weaknesses: limited public information, a small active market, high land values that outcompete TDR revenues, inconsistent past application of the code, and infrastructure constraints in receiving areas.

The consultants…