30.35A.025 Designation of TDR sending areas.
(1) All land designated on the future land use map as Local Commercial Farmland, Upland Commercial Farmland, Riverway Commercial Farmland, Commercial Forest, Local Forest, and Commercial Forest - Forest Transition Area is designated as a sending area from which certified development rights can be transferred.
(2) To allow rural landowners to participate in the TDR program and expand the permanently protected base of designated natural resource lands, land currently in rural land use designations shall be designated as a sending area if it meets all of the following conditions:
(a) it is a minimum of five contiguous acres if proposed for redesignation to farmland or a minimum of 40 contiguous acres if proposed for redesignation to forest land;
(b) the zoning of the land at the time of the TDR application requires a minimum lot area of at least 200,000 square feet;
(c) the land is enrolled in the open space tax program as Open Space Farm and Agriculture or Open Space Timber at the time of the TDR application;
(d) the land is in active commercial agriculture or forest use; and
(e) the land is redesignated to a farmland or forest land use designation and rezoned to a corresponding resource zone before or at the time of issuance of TDR certificates.
(3) The county may designate additional sending areas by interlocal agreement or development agreement if it finds that the area to be designated has significant conservation, watershed, habitat, open space, or natural resource values, or its conservation meets other state and regionally adopted priorities.
(4) Based on a completed application by a landowner, the county council may by motion designate additional sending areas if it finds that the area to be designated has significant conservation, watershed, habitat, open space, or natural resource values, or its conservation meets other state and regionally adopted priorities. (Added by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013).