Southern New Castle County Alliance


Transfer of Development Rights


New Castle County has recently initiated an effort to develop a program known as "Transfer of Development Rights" or TDRs.

Simply described, transfer of development rights is a local land management program that authorizes landowners to sell unused development rights from farmland or open space in "sending areas" to be transferred to other private lands called "receiving areas". Sending areas are the locations protected from development and receiving areas are the locations where development is usually permitted to occur at a higher density. There has been a voluntary program under the New Castle County UDC since 1997; however, the TDR program has not been successful. In the past decade, only one or two farm parcels have been protected using TDRs.

Reasons identified for the failure of the existing program include:
  • State law limits the transfer of development rights between planning districts.
  • There needs to be a TDR bank to buy and sell development rights.
  • The current density bonus that allows densities to increase from 1.3 du/acre to 1.84 du/acre is not enough incentive.
  • The program needs to be a mandatory, not voluntary program.
  • There needs to be defined recieving areas where higher density development can occur by right.


    • These are likely the key issues that the committee will be discussing and trying to address in the coming months. Based on this committee work and recomendations, the New Castle County Department of Land Use is expected to develop new County Code, and suggestions will be made for changes to State Laws. The committee is currently reviewing House Bill 244 (an State Bill that failed to be passed in last years general assembly) for ideas about TDR program development and legislation. (There is a internet link to this legislation at the bottom of this page or you can click here to read it).

    ALL MEETINGS AND AGENDA ARE TO BE POSTED ON NCC COUNCIL WEBPAGE SEVEN (7) DAYS IN ADVANCE OF SUB-COMMITTEE MEETINGS. (Click here for NCC Council Calendar)

    NOTICE: The November 6, 2007 meeting has been CANCELLED. NO ADDITIONAL INFORMATION ABOUT THE NEXT MEETING IS CURRENTLY AVAILABLE.

    Major Criteria That Need to Be Included for a Successful TDR Program

  • TDRs have sufficient value to buyers and sellers to sustain an active market to accomplish preservation goals,
  • The county has strong Comprehensive Plan and Zoning policies that support use of TDRs,
  • Administration of TDRs is simple, efficient and predictable, and
  • The TDR program has broad public support.

    • A more detailed description of the major criteria for a successful TDR, and the common features of successful and unsuccessful TDR programs can be found by clicking:

    Criteria and common features of successful & unsuccessful TDR Programs

    TDR Committee

    New Castle County Councilman Bill Powers is chairing the TDR Committee meeting. Two members of the SNCCA are on the committee (Leann Ferguson & Dave Carter), along with a number of representatives from the Farm Bureau, Development Community, and a person from the Delaware Nature Society.

    The TDR Committee is one of four that have been set up as implementations committees for the recently approved 2007 New Castle County Comprehensive Plan Update. The are official sub-committees of NCC Council.

    TDR Committee Members

    Councilman Wm. E. Powers, Jr. - New Castle County Council
    Ruby Dillmore - New Castle County Council

    George Haggerty - New Castle County Dept. of Land Use
    Brad Shockley - New Castle County Dept. of Land Use

    Richard Julian - Eastern States Development
    Mark North
    David Carter - County Resident
    Fred Stites, Jr. - County Resident
    Robin W. Blendt - Robino Companies
    Leann H. Ferguson - Southern New Castle County Alliance
    Gary Warren - New Castle County Farm Bureau
    Ted Williams - Landmark Engineering
    Lorraine Fleming - Delaware Nature Society


    To date, SNCCA members have felt the process is a bit unclear, and are concerned that efforts are focused on developing new legislation by this small group, rather than a broader public involvement and education effort to help guide the program. In response, we developed the following flow chart of the process we believe would be best. The flow Chart is available by clicking:

    Proposed TDR Process

    Comments from NCC Dept. of Land Use on Proposed TDR Process

    The committee members have been asked to review this chart, and decide if it is a reasonable approach or recommend an alternative approach. The key concern is that a formal process and schedule be determined, with tasks and outcomes that can be shared with interested stakeholders.

    Need for Thoughtful Analysis to Guide Program Development

    While the SNCCA believes TDRs are a valuable tool for growth management that can protect significant areas of open space, we are also concerned that problems can occur if the program is not done properly. These are complicated programs that require sound analysis, evaluation, and monitoring. These complex considerations should also be the basis and framework for program development. As a result, we have prepared a conceptual plan for this necessary analysis. The analysis plan is available at:

    Conceptual Plan for TDR Feasibility Analysis & Monitoring

    Useful Web Links

    American Farmland Trust Fact Sheet

    Transfer of Development Rights Programs-Using the Market for Compensation and Preservation

    The Feasibility of Successful TDR Programs For Maryland's Eastern Shore

    Transfer of Development Rights: A Market-Driven Planning Tool

    House Bill No. 244 - Delaware General Assembly
    Home
     About Us
     Calendar
     Community Issues
     Links
     Contact Us




    ©all rights reserved, Southern New Castle County Alliance