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TDR Program One of Many Protection Practices Used in Western Wisconsin By Rhonda Ambuehl, Outreach Specialist, Global Environmental Management Education Center Local leaders in the Menomonie area shared a variety of land protection practices with workshop participants. Participants included Rick Remington of the West Wisconsin Land Trust; Ruth Oppedahl of the Bayfield Regional Conservancy; Verna Kragnes representing the Standing Cedars Land Conservancy and the Philadelphia Community Farm; and Dan Pearson and Gloria Wahrenbrock from the Town of Troy. This article takes a closer look at a transfer of development rights (TDR) program developed in the Town of Troy.
Town of Troy TDR Program The Town of Troy is located in St. Croix County between the cities of River Falls and Hudson. Rolling hills bordering the St. Croix River and close proximity to the Twin Cities are fueling significant development pressure in and around the town. Several years ago, local citizens decided they wanted to protect the town�s agricultural lands. They formed a Farmland Preservation Committee to study alternatives. The committee leadership determined that a purchase of development rights (PDR) program would preserve farmland while simultaneously compensating farmers for protecting their lands. The town passed a subdivision ordinance that planned for limited clustered development. Lot size was increased from three to five acres.
When it came time to fund the PDR program, citizens balked at paying additional taxes to purchase development rights. Fortunately, the ordinance included language that allowed landowners to transfer rights between themselves. This fallback measure was attractive because it didn�t require public funding. The fallback measure eventually evolved into the TDR program practiced by the town today. Lessons Learned Dan Pearson, town supervisor, warned that it is necessary to think through the program from the start. Initially, the town was interested in a countywide TDR program. They realized, however, that eastern St. Croix County would become the "sending area," and their township would become the "receiving area." This was not the vision they had in mind. Instead, they created a TDR program at the town level to preserve a mix of agriculture and development. The Town of Troy believes their program is relatively simple to administer. Some TDR programs set up a third party bank to hold rights that have been purchased but not used; Troy takes a different approach. They allow a developer to purchase a bundle of development rights and hold them for future development. This allows the farmer to put an easement on more acreage. Good record keeping is the key to making this work.
The most important consideration for implementation is the process. According to Dan, the town�s subdivision ordinance makes the program possible. You have to have the right people involved. You also have to have enough committed people to create the consensus needed to get the program in place. Education is critical, and the education has to be continuous. You have to have the will to get the program done. It also takes hard work to determine how to order the steps. Contracts have to be in order, contingencies signed and clauses included in the contract language. "Once a farmer puts the easements on the land, it�s permanent," Dan warns. Having the right steps in place protects a farmer if a developer wants to back out. The first transfer of development rights occurred in the Town of Troy 3 � years ago. Beginning as a process of trial and error, the program continues to evolve. A commitment to preserve agricultural lands and a will to succeed, continue to guide the process.
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