HB0251 - Transfer of development rights.
|
2001 |
State of Wyoming |
01LSO-0485 |
HOUSE BILL NO. HB0251
Transfer of development rights.
Sponsored by: Representative(s) Luthi
A BILL
for
1 AN ACT relating to
counties, authorizing a board of county
2
commissioners to adopt a system regulating the transfer of
3 development
rights for the preservation of agriculture as
4
specified; providing definitions; providing procedures and
5
restrictions as specified; providing a statement of intent;
6 and
providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 18-5-401
through 18-5-404 are created
11 to read:
12
13 ARTICLE 4
14 PRESERVATION OF AGRICULTURE -
15 TRANSFER OF DEVELOPMENT RIGHTS
16
Page 1
1 18-5-401. Preservation of agriculture; transfer of
2 development rights;
definitions.
3
4 (a) As used in this act:
5
6 (i) "Agricultural
transfer area" means an area
7
designated by the board to enhance or maintain its rural
8
agricultural characteristics and which is appropriate for
9 the
transfer of development rights from that area. The
10 purpose of an agricultural density transfer
area shall be
11 to promote agriculture as the primary land
use in sections
12 of the county designated by the board for
agricultural
13 preservation. This shall be accomplished by
providing large
14 areas of generally contiguous properties
suitable for
15 agricultural and related uses and permitting
the transfer
16 of development rights from properties in
this area to
17 properties in designated receiving areas.
Agriculture shall
18 be the preferred use in a rural density
transfer area. All
19 agricultural operations shall be permitted
at any time,
20 including the operation of farm machinery.
No agricultural
21 use shall be subject to restriction on the
grounds that it
22 interferes with other uses permitted in the
area;
23
Page 2
1 (ii) "Base
density" means the maximum number of
2
dwelling units per acre permitted by the board of county
3
commissioners without the use of transferable development
4
rights;
5
6 (iii) "Board"
means a board of county
7
commissioners;
8
9 (iv) "Development
rights" means the potential
10 for the improvement of a parcel of real
property, measured
11 in dwelling units, existing because of the
board's
12 classification of the parcel;
13
14 (v) "Receiving
area" means one (1) or more areas
15 designated by the board of county
commissioners to which
16 development rights generated from one (1) or
more sending
17 areas may be transferred and in which
increased development
18 is permitted to occur by reason of the
transfer. A
19 receiving area shall be deemed by the board
to be
20 appropriate for development beyond the base
density of the
21 county through the transfer of development
rights;
22
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1 (vi) "Sending
area" means one (1) or more
2
designated areas of land in which development rights may be
3
designated for use in one (1) or more receiving areas;
4
5 (vii) "Transfer
of development rights" means the
6
process by which development rights are transferred from
7 one
(1) lot, parcel or area of land in any sending area to
8
another lot, parcel or area of land in one (1) or more
9
receiving areas. Development rights may be transferred from
10 a lot, parcel or area of land by deed,
easement or other
11 legal instrument authorized by law to
another parcel of
12 land which conveyance shall be recorded
according to law;
13
14 (viii) "This
act" means W.S. 18-5-401 through
15 18-5-404.
16
17 18-5-402. Transfer of development rights; authority.
18
19 (a) In addition
to existing powers and authorities to
20 regulate by planning or zoning pursuant to
this chapter, a
21 board of county commissioners is authorized
to provide for
22 the transfer of development rights subject
to the
23 conditions set forth in this act and such
other conditions
24 as the board may deem necessary and
appropriate which are
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1
consistent with the purposes of this act. The purpose of
2
providing for transfer of development rights shall be to
3
protect the agricultural qualities of open lands, and allow
4
owners of open lands to transfer the right to develop those
5
lands.
6
7 (b) The
transfer of development rights, and the
8
sending and receiving areas, shall be established in
9
accordance with a well-considered plan within the meaning
10 of W.S. 18-5-202.
11
12 (c) Sending and
receiving areas shall be designated
13 and mapped with specificity and the
procedure for transfer
14 of development rights shall be specified.
Nothing in this
15 act shall be construed to authorize the
violation of any
16 other applicable law including the
provisions applicable to
17 real estate subdivisions, W.S. 18-5-301 et
seq.
18
19 (d) Within one
(1) year after a development right is
20 transferred, the assessed valuation placed
on the affected
21 properties for real property tax purposes
shall be adjusted
22 to reflect the transfer. A development right
which is
23 transferred shall be deemed to be an
interest in real
24 property and the rights evidenced thereby
shall inure to
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1 the
benefit of the transferee, and his heirs, successors
2 and
assigns.
3
4 (e) Development
rights shall be transferred
5
reflecting the normal market in land, including sales
6
between owners of property in sending and receiving areas.
7 The
board may establish a development rights bank or other
8
account in which development rights may be retained and
9
sold in the best interest of the county. The board shall be
10 authorized to accept for deposit within the
bank gifts,
11 donations, bequests or other development
rights. All
12 receipts and proceeds from sales of
development rights sold
13 by the board shall be deposited in a special
account to be
14 applied against expenditures necessitated by
the
15 development rights bank.
16
17 18-5-403. Transfer of development
rights; creation
18 and transfer.
19
20 (a) Subject to
W.S. 18-5-201 et seq. and the
21 provisions of this act, the board of county
commissioners
22 may initiate a system for the creation and
transfer of
23 development rights within the county. The
board of county
24 commissioners is authorized to:
Page 6
1
2 (i) Establish
the base density of areas within
3 the
county;
4
5 (ii) Identify
agricultural density transfer
6
areas within the county in which to control development. In
7
those areas, the board of county commissioners shall
8
determine minimum acreage per dwelling;
9
10 (iii) Grant a
variance to the base density of an
11 agricultural transfer area in the case where
parents are
12 conveying property to their children;
13
14 (iv) Identify
receiving areas within the county
15 appropriate for development at a rate
greater than the base
16 density;
17
18 (v) Provide for
the transfer of development
19 rights from owners of property within rural
density
20 transfer areas for the purpose of building
dwelling units
21 within a receiving area greater than the
base density.
22
23 (b) Prior to
the board's adoption of any system
24 involving base density, receiving areas,
rural density
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1
transfer areas and the process for transferring development
2
rights, the board shall hold at least one (1) public
3
hearing. Notice of the time and place of the hearing shall
4 be
given by one (1) publication in a newspaper of general
5
circulation in the county at least thirty (30) days before
6 the
date of the hearing. Any person may petition the board
7 to
amend its proposals under this act.
8
9 18-5-404. Transfer of development rights.
10
11 Upon the adoption of a transfer of
development rights
12 system under this act, owners of property
within a rural
13 density transfer area shall be granted
development rights
14 equal to the base density of the nearest
receiving area.
15 Development rights shall be completely
transferable by deed
16 or other conveyance to any person or any
county.
17 Development rights may be held, or used by
the owner to
18 build a lawful dwelling within a receiving
area at a
19 greater density than the base density.
20
22
23 (a) It is the
intent of the legislature in enacting
24 this legislation to clarify an application
of existing
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1
authority and to provide guidelines whereby a board of
2
county commissioners may provide for the transfer of
3
development rights within a comprehensive planning program
4 in
order to protect the agricultural qualities of open
5
lands.
6
7 (b) The
legislature finds that the growth and spread
8 of
urban development is encroaching upon, or eliminating
9
open and distinctive areas and spaces of varied size and
10 character, including many having significant
agricultural
11 and other values. The legislature further
finds that
12 transfer of development rights is a useful
technique to
13 achieve community objectives and that if
properly used is
14 consistent with comprehensive planning
requirements. The
15 legislature further finds and declares that
transfer of
16 development rights, using the normal market
in land, may
17 provide just compensation to owners of property
to be
18 protected or preserved.
19
20 Section 3. This act is effective July 1, 2001.
21
22 (END)
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