Payette County allows for one division of a property after March of 1979.  The original property may have one residence on it.  The first segregation may have one residence on it.  Any further division requires a public hearing.  One way to create another building right is through the Transfer of Development Right process.   

It is recommended that an applicant review the Payette County Code regarding TDRs.   The following are only some considerations when applying for  a Transfer.

 

{slider=1. Application:}
In the event a person desires to move a development right or a residential building permit from one parcel of land which qualifies for a single-family dwelling building permit to another parcel of land that does not qualify for a single-family dwelling building permit, that person shall file an application for that purpose with the zoning administrator.
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{slider=2. Sending Property:}
A parcel of land which is Zoned Ag and qualifies for a residential dwelling building permit and which has been designated as land which should be preserved because it is prime agricultural land, is in an area where open spaces need to be preserved or because the land is critical wildlife habitat or which needs to be protected to enhance and maintain rural character of lands may qualify as sending property.
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{slider=3. Receiving Property:}
A parcel of land which does not qualify for a residential building right, which is not designated as meeting the criteria set out in subsection C (#2) of this section may qualify as a receiving property subject to the following conditions:

  • Is located within a city area of impact, designated as Residential on the Comprehensive Plan,  and is at least two (2) acres in size
  • is designated as Rural Residential on the Comprehensive Plan and is at least three (3) acres in size
  • is designated as Ag land on the Comprehensive Plan and is at least twenty (20) acres in size.

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{slider=4. Disqualification From Further Permits:}
Upon the transfer of a development right, the sending parcel shall be disqualified in perpetuity from receiving any further building permits. This disqualification shall not prohibit any landowner from later applying for a rezone and subdivision approval after fifty (50) years from the approval of any application to transfer a development right.
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{slider=5. Signatures:}
No transfer of a development right will occur without the signature of all lien holders and other parties who have an interest in the sending parcel.  In the event a development right is transferred without the permission or signature of a lien holder or a party in interest, the purported transfer shall be void ab initio.  To insure that the Board has the information required by this section, the applicant shall provide the zoning administrator with a title report from a title insurance company, which shall show all lien holders and all parties who have an interest in the property from which the development right is being transferred.
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{slider=6. Time Limit:}

1) At the point of a decision to approve, an agreement will be drafted by the County that must be signed by all parties involved in the transaction including the County. The agreement must be recorded within ninety (90) days of approval or the approval will be withdrawn and the application process will have to start over with no refund of fees.

2) A development right must be used within five (5) years. In the event a development right is not used within five (5) years of its approval by the Board and if it has not been extended prior to its expiration, it shall expire and become null and void. No building permit shall be issued based upon that expired transferred development right. Once a TDR has expired, an applicant cannot have the expired TDR renewed, but must go through the complete process of applying for a TDR, which includes submitting an application and having a public hearing.
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{slider=7. The Location of the transferred building site.}
The building site shall be designated by a legal description provided by the applicant and shall indicate the area proposed by the Sending Area Site Plan Map. (Check Payette County Code 8-5-10-R – City Impact Area)
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It is recommended that applicant’s review the Payette County Code regarding TDRs.