Receiving Site Information
Transfer of Development Rights

Development rights that are "sent" off of a sending site are placed on a receiving site. A receiving site is a parcel of land located where the existing services and infrastructure can accommodate additional growth. Landowners may place development rights onto a receiving site either by transferring them from a qualifying parcel they own or by purchasing the development rights from a qualified sending site landowner. With transferred development rights a landowner may develop the receiving site at a higher density than is otherwise allowed by the base zoning.

What are the criteria to become a receiving site?

Can I use development rights within an incorporated city limits?

Receiving sites may be:

• Unincorporated King County urban areas zoned R-4 through R-48, NB, CB, RB, or O.
• Incorporated cities where allowed by the local jurisdiction.
• Some rural areas zoned RA-2.5.

Rural properties can only accept density from sending sites located in the Rural Forest Focus Area and must also meet all of the following criteria:

Be served by a domestic Group A public water service;

Be within ¼ mile of an existing predominant pattern of lot sizes smaller than 5 acres;

Cannot adversely impact regionally or locally significant resource areas or environmentally sensitive areas;

Cannot require public services and facilities to be extended in order to create or encourage a new pattern of smaller lots,

See also TDR Code.

What is the maximum density that I can achieve on a receiving site?

* du/ac = dwelling units per acre (equivalent to development rights per acre)
** In order to achieve the maximum density in rural zones the receiving site must meet several conditions - see "What are criteria to become a receiving site?"

How do I purchase development rights to use on a receiving site?

• Anyone may purchase development rights from certified sending site landowners in private sales.
  
• The TDR Program can connect private development right landowners and interested buyers through the inventory list it maintains.
  
• If it is not possible to come to a sales agreement with private development right owners, it may be possible to purchase rights from the TDR Bank.
  
• When development rights are sold, a new certificate must be issued in the name of the new owner and the documents must be recorded with the County.
  

If I purchase development rights am I the only one who can use them?
How long is a purchased, but unused, TDR good for?

Development rights may be bought and sold over and over. If you purchase development rights, you may sell them to someone else. However, the applicant for a development permit where development rights will be used, must also be the owner of those development rights. Development rights do not expire until they have been used. If you purchase development rights, they are "good" until you apply them to a receiving site or sell them to someone else.

Can I use development rights from any certified sending site?
Do I have to use all of the development rights from one sending site?
Can I use development rights from more than one sending site on one receiving site?

If your receiving site is located in an urban area, then you may use development rights from any sending site. If your receiving site is in the rural area, then the development rights may only come from sending sites located in the Rural Forest Focus Area.

Receiving sites may use credits from more than one sending site. If you need more development rights than a particular sending site has available, you can purchase additional rights from other sending sites. Development rights from one sending site may be used on more than one receiving site. It is not necessary to transfer all of the development rights from a particular sending site together; they may be split up.

Receiving sites within incorporated city limits are subject to interlocal agreements with King County. These agreements may contain additional rules for the designation of receiving sites and how development rights may be applied to a parcel. For example, a city may require that development rights being transferred into the city come from a particular watershed or location of importance to the city. The TDR program will make every effort to track the various requirements and assist developers with obtaining rights that meet the specific criteria of their receiving site.

How do I use the development rights on a receiving parcel?

Development rights can be used to increase the residential density on a receiving site. When you apply to King County for a residential building permit or apply to subdivide land, you will need to supply proof that you own the development rights that you wish to apply to the site. Proof of ownership would consist of a TDR certificate or a TDR letter of intent in your name or a signed option to purchase development rights from someone who owns a certificate or a letter of intent. Proof of ownership is sufficient to start the County review process on your development application. (See DDES Pages for more information about applying for development permits.)

Before building permit issuance or final plat or short plat recording, you will need to deliver TDR certificates in your name for the number of development rights you wish to apply and a TDR extinguishment document to the County. These documents show that you own the development rights and that they have been used and cannot be used again on another project. (See also TDR Code.) Within incorporated areas, the process would be similar, but you will need to consult with your local jurisdiction for the specifics of their application processes.

For questions about TDR Program please contact Darren Greve.