S.B. 1180 Summary

• Establishes a Transfer of Development Rights (TDR) Program allowing agricultural landowners to sever and sell development rights to urban property owners, with development rights extinguished on sending properties and affixed to receiving properties.

• Designates all agricultural state land use district land as sending districts and qualifying multi-family, commercial, industrial, and mixed-use areas in urban districts as receiving districts, excluding single-family residential zones.

• Permits receiving properties to increase residential density up to 100% (or 50% if already permitting 10+ units) and nonresidential floor area up to 50%, with 25% bonus multiplier when properties are in the same county.

• Requires zoning agencies to issue transferable development rights certificates, countersign deeds and declarations, and maintain permanent records; transfers effectuated through concurrent recordation of deed and declaration in bureau of conveyances or land court.

• Allows sending properties to generate renewable energy after development rights severance and includes residual use descriptions in recorded declarations that run with the land.

• Takes effect July 1, 2050.