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House passes bill enabling local transfer-of-density programs to preserve open space
Summary
Lawmakers approved HB117, an enabling statute that allows cities and counties to create sending and receiving zones for transfer of development rights (TDRs) to preserve open space and help finance public uses; the bill passed 72-0.
The Utah House passed House Bill 117 on Feb. 20, an enabling statute designed to allow local governments to adopt transfer-of-development-rights (TDR) programs.
Representative (19), the bill sponsor, said the measure does not mandate TDR programs but allows cities and counties to set up sending and receiving zones and define the transfer of density locally. He told lawmakers that TDRs can help public entities such as school districts recoup value from development rights they do not intend to use: “What this bill would allow that city or county to do is allow the school district to sell off a portion of those development rights … and recoup some of the dollars, therefore preserving open space,” he said.
Supporters characterized the bill as voluntary enabling legislation aimed at preserving open space and promoting affordable housing options. Representative Harper and other members urged further steps in future sessions to consider making TDR programs more broadly required, but the bill as drafted preserves local control.
The chamber recorded a final vote of 72-0 in favor, and the bill will be transmitted to the Senate.
