[PART IX.] TRANSFER OF DEVELOPMENT RIGHTS
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[PART IX.] TRANSFER OF DEVELOPMENT RIGHTS
§46-161 Findings and purpose. The legislature finds that there is a need to clarify the authority of the counties to exercise the power to transfer development rights within a comprehensive planning program to:
(1)Protect the natural, scenic, recreational, and agricultural qualities of open lands including critical resource areas;
(2)Enhance sites and areas of special character or special historical, cultural, aesthetic, or economic interest or value; and
(3)Protect from development lands that are vulnerable to impacts and hazards from sea level rise, coastal erosion, storm surge, and flooding associated with climate change.
The legislature finds that transfer of development rights programs can help to ensure proper growth, while protecting open and distinctive areas and spaces of varied size and character, including many areas that have significant agricultural, ecological, scenic, historical, aesthetic, or economic value. These areas, if preserved and maintained in their present state, would constitute important physical, social, aesthetic, or economic assets to existing or impending urban and metropolitan development.
The legislature further finds that the transfer of development rights from lands vulnerable to or adversely affected by sea level rise, coastal erosion, storm surge, or flooding to lands that are not at risk from these hazards would reduce property losses and result in long-term economic and fiscal benefits to communities and government. The legislature also finds that transferring development rights is a useful technique to achieve community objectives. Properly utilized, the concept can be fully consistent with comprehensive planning requirements.
The legislature further finds and declares that the concept, utilizing the normal market in land, can provide a mechanism of just compensation to owners of property to be protected or preserved. [L 1998, c 296, pt of §1; am L 2022, c 223, §2]