Restriction of Development Programs

The Virginia Department of Forestry’s (DOF’s) Office of Working Lands Preservation (OWL) helps localities by providing best practices and direct support for creating Purchase of Development Rights (PDR), Lease of Development Rights (LDR) and Transfer of Development Rights (TDR) programs. Authorized by the Code of Virginia, these programs are conservation planning tools designed to restrict and redirect the development of agricultural and forest lands.

Purchase of Development Rights (PDR) programs pay landowners to place a permanent conservation easement on their property while retaining ownership.

Lease of Development Rights (LDR) programs are similar to PDR programs, but the agreement is temporary. In Virginia, these leases can be as short as 5 years.

Transfer of Development Rights (TDR) programs protect farms, forests and other open spaces by preventing development in areas with high conservation value and encouraging development in designated growth areas.

All these methods can be used to complement existing conservation policies and programs. DOF is committed to helping localities slow the loss of valuable farm and forestland to developed land uses.

Purchase of Development Rights Programs

PDR programs offer compensation to landowners who voluntarily place conservation easements on their farm or forestland. By restricting development, this incentivized structure works to preserve valuable working lands.

DOF’s OWL’s staff works with localities to help establish local PDR programs by creating model policies and practices, establishing criteria to certify programs as eligible to receive funds from public sources, and determining methods and sources of funding for localities to purchase conservation easements.

OWL administers the Virginia Farmland and Forestland Preservation Fund (FFPF) which, among other objectives, provides matching state grants to certified local PDR programs.

Only six Virginia localities have active funded PDR programs. Select links below to view locality PDR program information:

Counties with authorized, but unfunded PDR programs:

  • Albemarle
  • Culpeper
  • Cumberland
  • Franklin
  • Frederick
  • Goochland
  • Isle of Wight
  • James City
  • Loudoun
  • Nelson
  • New Kent
  • Northampton
  • Prince William
  • Rappahannock
  • Rockbridge
  • Spotsylvania
  • Warren
  • Washington

If you’re interested in applying for state-matching PDR funding, view Apply for State-Matching PDF Funding.

Transfer of Development Rights Programs

TDR programs are land-use planning tools that protect agricultural, forestal and other open-space lands by restricting development in areas with high conservation values and encouraging development in designated growth areas. They can be designed to complement other rural land preservation initiatives and methods.

The Code of Virginia authorizes localities to establish these programs that transfer the development rights from a “sending” property (property that the locality is trying to protect) to one or more “receiving” properties (properties where the locality is trying to encourage development). Developers of “receiving” properties compensate landowners of “sending” properties for their transferred development rights.

These programs are unique in that no public funding is utilized – these transactions are conducted between private property owners. TDR programs assist localities in directing development away from planned rural areas while easing the zoning restrictions and increasing the development potential for properties in designated growth areas.

Examples of TDR Programs

Only three Virginia localities have TDR programs or ordinances. Select from the links provided to see examples of active TDR programs in Virginia:

Lease of Development Rights Programs

The Code of Virginia authorizes localities to establish an LDR program. LDR programs are similar to PDR programs except that the term of the lease agreement can be as short as 5 years under Virginia’s Open-Space Land Act.

By requiring a smaller initial investment from the locality than PDRs and potentially being attractive to a greater number of landowners, LDR programs might complement PDRs and TDRs. LDRs can also complement Use-Value Assessment. An LDR program enables a locality to set the terms of eligibility, easement duration, restrictions and compensation, unlike Use-Value Assessment, which has standards established by the Code of Virginia.

Currently, no Virginia locality has enacted an LDR program.


Additional Resources

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A Model Purchase of Development Rights (PDR) Program for Virginia
A Model Purchase of Development Rights (PDR) Program for Virginia

This publication from the Virginia Department of Agriculture and Consumer Services’ (VDACS) Farmland Preservation Task Force provides background, resources, and information regarding the development of PDR programs in Virginia. Part I outlines suggested components for local PDR programs.)

Viewdocument
Local Purchase of Development Rights (PDR) Programs Funding
Local Purchase of Development Rights (PDR) Programs Funding

This document describes the various ways local PDR programs have been funded in Virginia. The appendix is from a “2017 Review of Local Funding, Easement Holding, and Other Practices of Virginia Local Purchase of Development Rights (PDR) Programs”. The review was conducted by the Office of Farmland Preservation (OFP) in 2015.)

Viewdocument


Contact Us

If you’re unsure where to start, contact your local DOF forester for guidance.

For more information or questions, e-mail us or use our contact form.