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Islamorada planning agency unanimously approves ordinances to allow banking of transfer-of-development-rights
Summary
The Local Planning Agency voted 7–0 on Feb. 23 to approve two companion ordinances creating a village-run bank for transfer-of-development-rights (TDR) certificates; the rules require habitat and boundary surveys, invasive-species maintenance, and that sender parcels have no primary structure. The ordinances will be transmitted to the State Department of Commerce for approval.
The Local Planning Agency of the Village of Islamorada on Feb. 23 unanimously approved two companion ordinances that establish a village-run system to hold transfer-of-development-rights (TDR) certificates on behalf of property owners.
The ordinances — a comprehensive plan amendment to institute TDR banking under policy 1-3.1.3 and a code change to revise transfer procedures in village code §30‑504 — were read into the record and then approved in separate motions, each passing on a 7–0 roll-call vote.
Why it matters: Planning staff and members said the bank will let owners divest the underlying real property without being forced to transfer or ‘land’ the TDRs in an undesirable location. The planning director explained the program “where the village will hold the TDR for them indefinitely so that they can then … do whatever they need to do with the real property underneath the TDR but not lose the building right or not be forced to land the TDR somewhere where they don't want to.” The ordinances will be transmitted to the State Department of Commerce and take effect if and when the state approves them.
What the rules require: Agency discussion and staff responses clarified several application conditions. To bank a TDR, an applicant must submit an application that includes a habitat (biological) analysis and a boundary survey; a site visit or "go-see" to the tropical hardwood hammock portion of a sender parcel is required. Staff said banked sender parcels must be maintained free of invasive and exotic vegetation; the village biologist will perform rotational surveys and issue notices with timelines to owners to correct observed invasives. Staff also said a parcel may not have a primary structure to be eligible for banking.
Public support and rationale: Resident Ty Harris of 110 Plantation Shores Drive urged the agency to move the ordinances forward and praised staff. “First, congratulations to staff for finally bringing this home,” Harris said, adding that banking TDRs could help conserve environmentally sensitive land and create a clearer, marketable recognition of upland density.
The votes and what happens next: Both Ordinance A (comp plan amendment) and Ordinance B (code amendment) were approved in separate roll-call votes by all seven members present: Greg Dully, Corey Ael, Roger Young, James Ryan, Tony Hammond, Lorie Lant and Cheryl Corersonson. Each ordinance will be transmitted to the State Department of Commerce for review; the ordinances’ effective dates are conditioned on state approval.
Background and context: Agency members said the banking approach responds to long-standing issues—owners holding TDRs without places to land them, title uncertainties when TDRs are separated from property, and the need to register and protect development rights tied to conservation properties. Members noted the program could create opportunities to pair TDRs with programs such as Florida Forever.
The meeting record shows agency members and staff discussed enforcement mechanics, survey and recording requirements, and the village’s role as the recipient/receiver bank. The agency adjourned after completing the votes.
