§46-163  Conditions for the transfer of development rights.  In addition to any existing power, duty, and authority of the counties to regulate land uses by planning or zoning, the counties are hereby authorized to transfer and regulate the transfer of development rights, subject to the conditions set forth under this part, as well as planning laws, zoning laws, and any other conditions as the legislative body of each county deems necessary and appropriate.  The purpose of providing for transfer of development rights shall be to:

     (1)  Protect the natural, scenic, and agricultural qualities of open lands;

     (2)  Enhance sites and areas of special character or special historical, cultural, aesthetic, or economic interest or value;

     (3)  Protect lands at risk from sea level rise, coastal erosion, storm surge, or flooding; and

     (4)  Enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource. [L 1998, c 296, pt of §1; am L 2022, c 223, §3]

Revision Note

  Subsection designation deleted pursuant to §23G-15(1).