Agenda - 03-10-1987 - Laserfiche WebLink

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45 land large enough to constitute an effective buffer could be protected from development at a relatively low cost._ The cost would none-the- less still be quite high . This, and acquiring rights to enough land to constitute an effective buffer, are the major obstacles to imple- menting this measure. Purchase of Development Rights North Carolina ' s Conservation and Historic Preservation Act makes it possible to create "conservation agree- ments" . These agreements restrict development of agricultural , horticultural , farming, and forest land. Development rights may be restricted as in the form of a covenant or may be transferred to another person . Acquisition of the development rights may or may not be accompanied by compensation . Development rights may not be used on another piece of land. Since acquisition of development rights is less than fee-simple or outright acquisition of land, the cost is usually lower . If tax valuation takes the effect of development right restrictions into account in the land value assessment, the tax incentive could encourage creation of conservation agreements as well as reduce program costs . Use of this measure would also address property right, environmental , and tax liability concerns. Property owners would be compensated for restrictions on their land . So little development would occur on land under agreement that the potential problems related to water pollution would not result. With no development there would be little demand for public services that would require tax increases . The primary obstacles to suc- cessfully using this method to implement the Rural Buffer are the cost and being able to enlist the cooper- ation of enough property owners to make the program effective. Transfer of Development Rights Transfer of Development Rights (TDR) offers perhaps the best opportunity to both implement the Rural Buffer and address citizen concerns. Through implementation of this type of program overall development densities do not change, but there are significant changes in where development occurs. The Rural Buffer remains a very rural area, developed at extremely low density . Devel - opment is shifted outside the Buffer to areas where higher density can be accommodated through availability of necessary public services. But, while it holds much promise, major obstacles stand in the way of its use. Foremost is that TDR is not legal in North Carolina. A bill that was introduced in the 1986 session of the State Legislature would have established at least