News from the Eastern Shore Land Conservancy

Comprehensive Land Use Study on Transferable Development Rights Now Available

Report is the first of its kind for region

QUEENSTOWN, MD - The Harry R. Hughes Center for Agro-Ecology, Inc. and the Eastern Shore Land Conservancy (ESLC) recently released a study detailing how transferable development rights (TDRs) can be used to improve land use planning efforts on the Eastern Shore.

The study, entitled "The Feasibility of Successful TDR Programs for Maryland's Eastern Shore," is the most comprehensive technical analysis of TDRs to date. It was co-authored by H. Grant Dehart, a land preservation consultant and Rob Etgen, executive director for ESLC.

TDR programs are used across the nation as a tool for land preservation. They allow the sale and transfer of unused development rights from agricultural land, forestland, and resource land to receiving areas where higher density development may be preferred because of existing infrastructure or other public purposes. TDR programs are considered beneficial because they use private instead of public funds to protect land. Maryland leads the nation with more than 67,800 acres protected by private market TDR transfers. The two most successful programs in the state are in Calvert and Montgomery counties.

"The time has come to explore creative options for land preservation in addition to public purchase of land and easements, given the prior uncertainty and delay in state and local government funding for land conservation," said Dr. Russ Brinsfield, executive director of the Hughes Center for Agro-Ecology. "TDR programs have had a positive effect on land preservation in other areas of the state and therefore investigating the reasons for such success can help determine whether these programs could work for the Eastern Shore."

The study, funded by a grant from the United States Department of Agriculture, Cooperative State Research, Education and Extension Service, examined counties in Maryland, New Jersey, and Washington State that successfully implemented a TDR program and identified key features that led to program success, measured primarily by the number of acres permanently preserved using this tool. With the help of a technical advisory committee, Dehart and Etgen developed criteria to assess the probability of a TDR program's success in six Eastern Shore counties. The counties included Caroline, Cecil, Dorchester, Kent, Queen Anne's, and Talbot, which are signatories to ESLC's Eastern Shore 2010: A Regional Vision. Several Eastern Shore counties developed and implemented TDR programs in recent years, and others are considering adopting a new program or modifying an existing one.

"This study will help all of us on the Eastern Shore step up efforts to protect and preserve land," said Etgen. "This TDR research indicates that cooperation between our towns, counties, and citizens is critical if we want to preserve the Eastern Shore and our quality of life."

The Harry R. Hughes Center for Agro-Ecology, Inc., a non-profit corporation founded in 1999, is dedicated to promoting viable farms and forests. The Center funds research and education to provide scientific, academic and citizen support for policies that protect Maryland's forests and fields. These working lands underpin the state's cultural heritage, characterize its landscape, and make viable agriculture and forestry possible. The non-partisan group's goal is to keep farming and forestry profitable while protecting the environment and working lands. For more information on the Center, log onto www.agroecol.umd.edu.

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