Transferable Development Rights (TDR) Program
The Transfer of Development Rights Program includes regulations and incentives for property owners to convey dwelling units or development rights to another property through transfer or sale. The landowner may sell development rights and may retain the title to the land and the right to use the land on a limited basis.
Greater Pine Island TDR Program (LDC Sec. 2-151):- A Greater Pine Island TDU is a transfer of development unit generated from sending lands within the Greater Pine Island Planning Community, and which may include wetlands and/or uplands in accordance with the LDC.
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Sending Areas: Wetlands - Up to one TDU per 5 acres
- Up to two TDUs for lots with an affirmative
Minimum Use Determination (MUD)
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Non-Urban Categories (Uplands) - Up to one TDU per one acre of uplands
Outlying Suburban Category (Uplands) - Up to three TDUs per one acre of uplands
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Receiving Areas: |
Wetlands TDR Program (LDC Sec. 2-149): |
Sending Areas: - Up to one TDU per 5 acres
- Up to two TDUs for lots with an affirmative MUD
- TDUs created in the Coastal High Hazard Area will be doubled.
| Receiving Areas: |
Southeast Lee County TDR Program (LDC Sec. 2-153): |
| Sending Areas: Wetlands - Up to one TDU per 5 acres
- Up to two TDUs for lots with an affirmative
Minimum Use Determination (MUD)
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DR/GR - Between 1 and 4 TDUs per 10 acres of
DR/GR depending on location and end
use (ag or conservation) of property
after TDUs are severed.
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Receiving Areas: |
To create a TDU, the landowner, or authorized representative, must sever the development rights from the parcel(s) based on the process described in Administrative Code 13-5. The process is summarized below:
Determination Letter
The landowner or authorized representative must submit a
Determination Letter Request to the Planning Section. The request is to determine the number of TDUs that can be created from a parcel. A separate request is required for each parcel. A description of required items that must be attached to the request is available in Administrative Code 13-5.
TDU Certificate
Once the TDU Determination Letter is issued, the landowner or authorized representative may seek issuance of a TDU Certificate for all or a portion of the TDUs identified in the TDU Determination Letter in accordance with the following procedure outlined in Administrative Code 13-5. The landowner must prepare a
conservation easement, restrictive covenant, or other instrument that severs the development rights from the parcel(s) and submit it for review and approval by the Department and the County Attorney’s Office.
TDU Tracking
Upon receipt of the TDU Certificate, the owner may sell, trade, barter, negotiate or transfer the TDUs. The grantor must execute and record a deed of transfer before a transfer of TDUs can be completed. The deed(s) must include a restriction on the development rights of the sending parcel in perpetuity and be consistent Administrative Code 13-5.
Redemption of TDUs
TDUs may be used to develop bonus density in appropriate receiving areas and approved in accordance with Section 2-147 of the Land Development Code. TDUs may not be redeemed in the Coastal High Hazard Area. Use of TDUs at time of development order or building permit (if a development order is not required) must be completed in accordance with Administrative Code 13-5.
For a list of known available TDUs or for general questions on bonus density, contact Planning staff at 239-533-8585.