Transfer of Development Rights

Overview

Transfer of Development Rights (TDR) is a land use tool that allows landowners to buy and sell allowed development capacity, seeking to concentrate housing in areas with existing infrastructure and amenities while permanently protecting land with significant conservation value. This practice is recognized as an “Innovative Land Use Control” under state law RSA 674:21(d).

What does this look like in Dover?

Currently, the provisions of the TDR Ordinance, §170-29, are broadly applicable throughout the City. There are three TDR mechanisms in the City of Dover: 

• Purchase Option – Property owners can purchase additional density credits, allowing for one extra unit per credit. The collected TDR fees go into the City of Dover's Conservation Fund which is then used for conservation efforts such as the purchasing of conservation easements. 
• Conservation Option – Property owners can conserve land west of the Spaulding Turnpike and transfer development rights to residential zones east of the Turnpike. This is a direct acre for acre exchange. 
• Industrial Option – Developers constructing commercial manufacturing facilities earn one residential unit credit for every 2,000 square feet built beyond 40,000 square feet.

Balancing Land Protection and Development 

Certain lands in Dover have significant conservation value, including wetlands, forested areas, wildlife habitats, groundwater recharge zones, scenic areas, and historic landmarks. These areas contribute to the local ecosystem and cultural identity and the City of Dover is committed to their protection. 

As Dover also has limited developable land and faces challenges with housing attainability and supply, the TDR Ordinance seeks to encourage development on less sensitive land in areas served by public infrastructure while permanently preserving areas with significant conservation value.

The TDR Ordinance has been amended throughout the years. Residential TDR was created in 2003 with amendments occurring in 2009, 2018, and 2020.

In 2018, a mechanism was introduced allowing property owners to purchase credits for approved TDR units, with the funds allocated to the Conservation Fund. The per-credit TDR fee is reviewed annually based on the cost of conserving an acre of land.

Since then, approximately $1.8 million in TDR fees has been collected to support conservation efforts, funding the purchase of five Conservation Easements and permanently protecting 62 acres. This brings Dover’s total conserved land to approximately 3,700 acres, or 22% of the City's total land area.

Several property owners are currently working with the City to explore additional conservation opportunities and further expand this total. For more information about the easement process and other conservation initiatives, please contact the Planning Department at 603-516-6008 or email Assistant City Planner Makayla Edgecomb at M.Edgecomb@dover.nh.gov.

What TDR projects have been approved or considered?

Please find the TDR applications below that the Planning Department has received since 2018.