Understanding Transferable Development Rights (TDRs) in Aspen, Colorado and Pitkin County | Avant Garde Aspen Luxury Real Estate

Understanding Transferable Development Rights (TDRs) in Pitkin County

Pitkin County's Transferable Development Rights (TDR) program serves as a cornerstone of local land-use policy, ensuring sustainable development while preserving the region's unique rural and environmental character. Established in the early 1990s, this innovative program is designed to redirect development from environmentally sensitive or rural areas to locations better equipped to support growth. Here's a closer look at how TDRs function and their critical role in Pitkin County's planning strategy.

What is a Transferable Development Right (TDR)?

A TDR is essentially a development credit that allows property owners to transfer the right to develop from one parcel of land, known as a Sending Site, to another, called a Receiver Site. By leveraging this system, the County achieves two goals:

1. Preserving sensitive areas such as backcountry lands, open spaces, and historic properties.
2. Encouraging development in locations with existing infrastructure, reducing the environmental and financial strain on the region.

Origins of the TDR Program

The TDR program emerged in 1994 following the establishment of the Rural/Remote Zone District, which recognized the distinct needs and challenges of backcountry lands. The Board of County Commissioners (BOCC) saw the value of a zoning tool to protect the backcountry's unique character while accommodating inevitable growth. Since then, the program has evolved to safeguard open space, scenic vistas, historic sites, and environmentally constrained lands across Pitkin County.

Sending Sites: Protecting the County’s Natural Resources

Sending Sites are properties where development rights are severed and permanently restricted. Common types of Sending Sites include:

• Rural/Remote (R/R) and Transitional Residential (TR-1 & TR-2) zones.
• Lands within the Conservation Development PUD (CD-PUD) zone.
• Properties designated on the Pitkin County Historic Register.
• "Constrained" or "Visually Constrained" parcels with environmental or visual limitations.

How Many TDRs Can Be Transferred?

• R/R and TR-1 Zones: One TDR for every 35 acres, with smaller parcels (as small as 1 acre) qualifying under specific conditions.
• TR-2 Zones: One TDR for every 10 acres.
• CD-PUD Lands: One TDR for every 35 acres, excluding the 160 acres allocated for development.

Receiver Sites: Strategically Managing Growth

Receiver Sites are parcels where development rights are applied, allowing property owners to expand or create new developments. These sites are carefully chosen to align with Pitkin County’s growth strategy, focusing on areas:

• Within the Aspen Urban Growth Boundary.
• In zones with adequate infrastructure to support development.

Using TDRs for Development:

• Each TDR grants 2,500 square feet of additional floor area (or 1,000 square feet in the TR-2 zone).
• TDRs can provide exemptions from the Growth Management Quota System (GMQS) for single-family residences.
• Approval of Receiver Sites often requires Special Review to ensure compliance with County regulations.

Benefits of the TDR Program

1. Environmental Conservation: Protects critical wildlife habitats, open spaces, and visually significant areas.
2. Historic Preservation: Encourages the maintenance of historic properties through TDR incentives.
3. Sustainable Development: Redirects growth to areas that minimize environmental impact and maximize resource efficiency.
4. Flexibility for Landowners: Provides economic value to landowners of constrained or protected properties by allowing them to sell development rights.

Steps to Participate in the TDR Program

1. For Sending Sites:

   • Obtain an Irrevocable Certificate of Development Rights from the Pitkin County Community Development Department.
   • Record a Restrictive Covenant to permanently limit development on the property.

2. For Receiver Sites:

   • Apply for Special Review Approval to designate a parcel as a Receiver Site (except in pre-approved subdivisions or the Aspen Urban Growth Boundary).
   • Redeem TDR certificates during the building permit application process.

Key Considerations

• The purchase of a TDR does not automatically guarantee development approval on a Receiver Site. All proposals must adhere to County land-use regulations.
• TDR Certificates are "irrevocable" and remain valid until they are used or extinguished.
• There are fees and timelines associated with the issuance and transfer of TDR Certificates, so property owners should consult the Pitkin County Community Development Department for guidance.

Preserving Pitkin County’s Legacy

The TDR program is a powerful tool for balancing development with conservation in Pitkin County. It reflects the County’s commitment to maintaining its stunning landscapes, vibrant ecosystems, and rich history, ensuring a sustainable future for generations to come.

For more information, contact the Pitkin County Community Development Department at PitkinCounty.com or call (970) 920-5526.

Need to buy or sell a TDR? Reach out to Stephanie Kroll at Avant Garde Aspen Luxury Real Estate and she will guide you through the process.