COLT’s weekly land trust news
March 7th, 2016
Happy Monday everyone,
A couple things first off:
The Department of Land Conservation and Development recently put up a webpage on their new Transfer of Development Right (TDR) program for properties with Measure 49 claims in Oregon. It’s been a while since COLT has talked about this new program, but we have mentioned it at board meetings in the past. COLT served on the rules advisory committee that crafted the details of the program.
The new TDR program is a response to thousands of development claims across the state that came as a result of Measures 37 and 49. The State of Oregon wanted to find a way to help guide and manage the development, and a TDR program seemed a good, incentive-based option.
The TDR program needs to be adopted and implemented at the county level, so it is not exactly statewide at the moment. As it is still a new program, we understand that only one county (Washington) is considering adopting the rules necessary to implement the program. DLCD hopes others will follow.
The program is a bit complex, but this step-by-step guide may be a good place to start to learn a bit more. (DLCD’s main page has more details.)
COLT has been involved because there is a potential role for land trusts. In the program, there are potential bonus Transfer of Development Credits available for landowners whose property exhibits certain criteria (habitat, acreage, etc.) An easement may then be required to be placed on the “sending” property to qualify for the bonus credits, thus providing a role for land trusts.
As the program is implemented, COLT may have more information on how the program can be utilized by our members. In the meantime, the weblinks above are a good place to start. As always, you can always ask us for more information.
Finally, COLT is pleased to organize and sponsor the first of three Oregon Conservation Law Forums this coming April 13th here in Portland. If you are an attorney and would like to receive MCLE credits, or know of any attorneys who would be interested in the forum, please send them the link to our webpage for the forums.
Ok, now on to the news.
All the very best,
P.S. Hope to see many of you in the region at our March 16th event in Portland!