​The Greater Pine Island Transferable Development Rights (TDR) Program

The Greater Pine Island TDR Program includes regulations and incentives for property owners to develop their land in a responsible manner, while maintaining their property rights.  The program highly incentivizes property owners to transfer their density (TDUs) off Pine Island to developments located in more dense urban areas of the County to remove development and protect the environment on the Island. 

Sending Areas (Map) (Lee Plan Objective 14.6 and LDC Sec. 2-151):

  • Up to one TDU may be created per five acres of wetlands.
  • Up to one TDU may be created per one acre of uplands located in non-urban future land use categories.
  • Up to three TDUs may be created per one acre of uplands located in the Outlying Suburban future land use categories.
  • Up to two TDUs may be created in a single-family lot or parcel designated as wetlands that holds an affirmative determination of the single-family residence provision pursuant to Chapter XIII of the Lee Plan.  

Receiving Areas (Map) (Lee Plan Objective 14.6  and LDC Sec. 2-152):

  • One Greater Pine Island TDU will equal up to two dwelling units when transferred to eligible receiving lands outside of the Greater Pine Island Planning Community.
  • One Greater Pine Island TDU will equal up to one dwelling unit when transferred to receiving lands in Pine Island Center.
  • Greater Pine Island TDUs may be used in the Future Urban Areas to administratively increase commercial intensity of existing Planned Developments.  One TDU equals 10,000 square feet of commercial uses.
  • Greater Pine Island TDUs may be used to administratively reduce open space and onsite native preservation requirements in LDC Chapter 2.
  • Greater Pine Island TDUs may be used for increased bonus densities on receiving areas in the Intensive Development, Central Urban, and Urban Community future land use categories (Lee Plan Policies 1.1.2, 1.1.3, 1.1.4, and Table 1(a)).
  • Greater Pine Island TDUs may be used for up to two additional dwelling units per acre within the Suburban future land use category (Lee Plan Policy 1.1.5 and Table 1(a)). 

Process (AC 13-5)

To create a TDU, the landowner, or authorized representative, must sever the development rights from the parcel(s) based on the process described in Administrative Code 13-5.  The process is summarized below:

  • Determination Letter
    The landowner or authorized representative must submit a Determination Letter Request​ to the Planning Section.  The request is to determine the number of TDUs that can be created from a parcel.  A separate request is required for each parcel.  A description of required items that must be attached to the request is available in Administrative Code 13-5.
  • TDU Certificate
    Once the TDU Determination Letter is issued, the landowner or authorized representative may seek issuance of a TDU Certificate for all or a portion of the TDUs identified in the TDU Determination Letter in accordance with the following procedure outlined in Administrative Code 13-5. The landowner must prepare a conservation easement, restrictive covenant, or other instrument that severs the development rights from the parcel(s) and submit it for review and approval by the Department and the County Attorney’s Office.
  • TDU Tracking
    Upon receipt of the TDU Certificate, the owner may sell, trade, barter, negotiate or transfer the TDUs. The grantor must execute and record a deed of transfer before a transfer of TDUs can be completed. The deed(s) must include a restriction on the development rights of the sending parcel in perpetuity and be consistent Administrative Code 13-5.
  • Redemption of TDUs
    TDUs may be used to develop bonus density in appropriate receiving areas and approved in accordance with Section 2-147 of the Land Development Code. TDUs may not be redeemed in the Coastal High Hazard Area. Use of TDUs at time of development order or building permit (if a development order is not required) must be completed in accordance with Administrative Code 13-5. 

For a list of known available TDUs or for general questions on bonus density, contact Planning staff at 239-533-8585.