Transferable Development Rights (TDR) Legislation: Maryland Case Studies
Transferable Development Rights are a market mechanism aimed at protecting important lands from development, while encouraging smart growth in suitable areas. A landowner can sever the development rights from his or her land, and then sells those rights to a developer. The developer can then use those TDRs to increase density when building in another area.
Maryland has had multiple counties create Transfer of Development Rights (TDR) programs; however, many yielded unsuccessful results, experiencing minimal sales and preserving less acres than desired. An examination of case studies identified the causes for failure and the features necessary for a successful program. The study concludes by proposing a Statewide Transfer of Development Rights legislation.
The report provides a succinct review of the topic through discussion of the following:
- Growth patterns in Maryland
- Alternative policies to TDR
- Description of the proposed statewide TDR legislation
- Case studies of 4 counties with lessons learned
- A brief review of New Jersey's TDR legislation
- Additional case studies in the appendix
