Document Type

Technical Report

Publication Date



Land use -- Planning -- Oregon -- Portland, Housing development--Oregon, Land use, Rural -- Oregon, Development rights transfer, Land subdivision -- Oregon


Nonregulatory land use planning tools can be effective for achieving statewide planning goals, but only in a regulatory context. Measure 37 makes that regulatory context problematic, with planners’ flexibility in making regulatory changes stymied. To conserve wildlife habitat after Measure 37, Oregon’s planners need to turn to these non-regulatory tools. One such tool is transferable development rights (TDRs). TDRs equitably preserve the ecosystem services of rural lands and promote efficient land use patterns. A rural property owner “transfers” her development rights to an urban developer by placing a conservation easement on her property and accepting payment from the developer, who profits from development bonuses. This payment could be declared compensation under Measure 37 and could mitigate the Measure’s potential development impacts.

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