Protecting Farms with the Transfer of Development Rights Program

Protecting Farms with the Transfer of Development Rights Program

by | Jul 31, 2023 | News

The purpose of the Transfer of Development Rights (TDR) program is to help protect farmland and natural resources in Marion County by providing financial incentives to landowners and program participants. Sending Areas are the areas where communities want less (or no) development and the areas appropriate for growth are called Receiving Areas.

One of the ways to help protect farms in the Farmland Preservation Area is with Marion County’s Transfer of Development Rights Program.

At the July 18 meeting, Marion County Commissioners helped to further protect the Farmland Preservation Area (FPA) by approving the use of 72 Transfer of Development Right (TDR) credits from a farm in the FPA that had been conserved with the TDR program over 15 years ago to a parcel of land inside the Urban Growth Boundary.

The 72 development credits were purchased by Sunbelt Land Fund I-Ocala South, LLC and will be used to increase the density on a 36-acre parcel of land by 72 units. The land already has the zoning to build a 288 multi-family apartment, but with the additional 72 TDR credits, the number of units will increase to 360. The property to be developed is located on the east side of SW 60th Avenue at the intersection of SW 52nd Street and it has a Future Land Use of High Density.

“These 72 TDR credits were created in 2008 by Walter and Wendy Boring when they placed a conservation easement on 119 acres of their property in the Farmland Preservation Area. Horse Farms Forever thanks the Boring family for protecting their land for future generations!” said Busy Shires, Director of Conservation Strategies, Horse Farms Forever at the July 18 Commission meeting.

Marion County’s TDR program was created in 2004 and it had some early success by preserving over 3,200 acres of land, but it has not been utilized to its full extent for over 15 years.

However, over the past year, Horse Farms Forever has been working with stakeholders to review the TDR program to see if there are ways to make it more relevant and sustainable for landowners and also for developers. In April, HFF held a Roundtable led by Rick Pruetz, a nationally known expert on TDRs about Marion County’s TDR program with 25 community stakeholders to provide feedback about the TDR program.

With the tremendous growth pressures and the need for additional housing, this is the right time to fully utilize the TDR program to not only help preserve the Farmland Preservation Area but to also direct growth to appropriate areas within the Urban Growth Boundary.

In Transfer of Development Rights (TDR) jargon, the areas where communities want less (or no) development are called sending areas. Sending areas can include environmentally sensitive places, farmland, historic landmarks, open space, or any other resources that a community wants to preserve. The areas appropriate for growth are called receiving areas. Receiving areas are suitable for development, typically because they are close to jobs, shopping, schools, infrastructure, public services, and other urban amenities.

Source: TDR Turns 40, Rick Pruetz, FAICP and Erica Pruetz

View the Summary of Marion County's TDR Program by Rick Pruetz, FAICP
Learn More About the Farmland Preservation Area & the TDR Program
View the Application for Sunbelt Land Fund I - Ocala South, LLC
Busy Shires

What About Zoning?

The Zoning regulations are found in the Land Development Code, which is a separate document with specific guidelines to implement the Goals, Objectives, and Policies of the Comprehensive Plan.

Zoning regulates development through land use classifications and specifies the areas in which residential, industrial, recreational or commercial activities may take place. The Land Development Code was adopted through a series of ordinances by the County Commission, which means that the regulations cannot be changed or waived, except by a further vote of the County Commission.

Contact the County about the EAR:

For any additional questions regarding the EAR process, please email Planning@MarionFL.org with your subject line including 'EAR' or call us at 352-438-2675 & ask for a planner.

https://www.marionfl.org/agencies-departments/departments-facilities-offices/growth-services/planning-zoning/ear

The workshops will be livestreamed. Check the County’s agenda webpage for the link: https://marionfl.legistar.com/Calendar.aspx

Join or Donate Now
Horse Farms Forever Hosts Roundtable on Transfer of Development Rights

Horse Farms Forever Hosts Roundtable on Transfer of Development Rights

by | May 10, 2023 | Events, News, Plan

The Horse Farms Forever TDR Roundtable meeting on Friday, April 14th at Golden Ocala Golf & Equestrian Club was an opportunity for 25 community stakeholders to provide feedback about Marion County’s Transfer of Development Rights program. The purpose of the TDR program is to help protect farmland and natural resources in Marion County by providing financial incentives to landowners and program participants.

Photos by Sean Dowie.

On Friday, April 14th before our Spring Speaker Series event at Golden Ocala, Horse Farms Forever® (HFF) held a Roundtable meeting with a diverse group of 25 community stakeholders to provide feedback on Marion County’s Transfer of Development Rights (TDR) program.

Since the County’s TDR program is a key component in protecting the Farmland Preservation Area (FPA), HFF hired Rick Pruetz, an FAICP professional planner and nationally known expert on TDR programs to evaluate the program to determine why the program is underutilized. Rick compiled his research into a Preliminary Findings Report, which was presented at the Roundtable on April 14th.

HFF decided to focus on the TDR program because while the boundaries of the FPA and the protective language of the HFF Text Amendment are included in Marion County’s Comprehensive Plan, these can both be changed with a 3-2 vote of the County Commission. The only way to permanently protect land from development is with a conservation easement, and the TDR program is one of the programs available to landowners who want to preserve their land.

If a landowner chooses to participate in the TDR program and preserve their land with a conservation easement, they receive Transferable Development Credits (TDCs) which they can sell to another landowner to increase the density of designated lands inside Marion County’s Urban Growth Boundary.

A Well-Rounded Discussion

Members of the TDR Roundtable included top leadership at the County including Marion County Commissioner Michelle Stone, County Administrator Mounir Bouyounes, and Assistant County Administrator Tracy Straub. The Growth Services Department was represented by Director Chuck Varadin, Deputy Director Kenneth Weyrauch, and Senior Planner Christopher Rison. In addition, several land use planners and attorneys, two of the largest landowners, one of the top real estate firms, two HFF Board Members, and a representative from On Top of the World, also participated in the Roundtable discussion.

The goal of the TDR Roundtable was to provide feedback on Rick’s Preliminary Findings Report and to determine if there was consensus to move forward with updating the program.

The Roundtable was facilitated by HFF Founder Member Elisabeth Brinton, former Corporate Vice President of Sustainability at Microsoft, who also owns a horse farm in the FPA. There was a lively discussion about why the program was not working and how it might be improved, but with Elisabeth’s tactful facilitation of the diverse viewpoints, the stakeholders agreed to move forward with Phase 2 of the TDR Review Program.

What We Learned

Some of the feedback from the Roundtable included:

While Phase 1 focused on providing feedback on the Preliminary Findings Report, Phase 2 will focus on how, and if, to move forward with updates to the TDR program.

Ten Factors for Success

Rick evaluated Marion County’s TDR Program against a framework of the ten factors found in the most successful TDR programs in the United States. He concluded that Marion County’s program ranked high in the public’s support for farmland preservation, but could benefit from work in four of the ten factors.

“Marion County shows strong public support for the preservation of the Farmland Preservation Area, which has been a feature of the County’s Comprehensive Plan for almost two decades,” the Preliminary Findings Report stated.

Out of the ten factors, Rick recommended focusing on four factors that would be most important to the success of the Marion County TDR program:

  1. Reduce Ability to Gain Increased Development Potential Without Using TDR
  2. Create More Demand for TDR
  3. Form a TDR Bank
  4. Determine an Effective Price for Transferable Development Credits (TDC)

As part of Phase 2, Rick will compile a Findings Report. This report will incorporate the suggestions from the Roundtable and additional input from the community. Then, sometime in late summer or early fall, HFF will host another TDR Roundtable. This meeting may be a held as a public workshop so that all five of the Marion County Commissioners are able to attend.

The TDR program is one of the tools available to landowners, who want to preserve their farm, but the program needs to be updated in order to transform it into a win-win solution to inspire both landowners and developers to utilize the program.

Mounir Bouyounes, Marion County Administrator, addresses the roundtable discussion, while Matthew Brockway, Shareholder & Treasurer, Icard & Merrill and HFF Attorney; County Commissioner Michelle Stone; and Marion County Assistant Administrator, Public Works and Growth Services, Tracy Straub listen alongside him.

Fred Roberts, Jr., Attorney, Klein & Klein, LLC; Chuck Varadin, Director, Marion County Growth Services; and Kenneth Weyrauch, Deputy Director, Marion County Growth Services

Rick Pruetz shares his Marion County findings and Elisabeth Brinton,  Corporate Vice President of Sustainability, Microsoft (retired), HFF Founder Member, facilitates the discussion.

The Roundtable included many of the County’s most prominent developers and planners. They are a critical part of any discussion of TDRs.

Join the Conversation

Horse Farms Forever invites you to be a part of this important community wide conversation about how to protect the Farmland Preservation Area. With your support, we can help preserve land and natural resources and also steer growth to appropriate areas in the Urban Growth Boundary.

Join or Donate Now

Back Row L to R:
Chuck Varadin, Director, Marion County Growth Services
Kenneth Weyrauch, Deputy Director, Marion County Growth Services
John Rudnianyn, CCIM, ALC, International Property Services, Corp.
Paul Kaplan, Wellington Management Co. (retired), HFF Founder and Director
Matthew Brockway, Shareholder & Treasurer, Icard & Merrill, HFF Attorney
John Piotti, President, American Farmland Trust
George Isaacs, General Manager, Bridlewood Farm, HFF Founder and Director
Paolo Mastroserio, P.E., Mastroserio Engineering, Inc.
Bernie Little, President and Founder, Horse Farms Forever, Inc.
Matt Varney, Realtor/Broker, Ocala Horse Properties, HFF Founder Member
Robert Batsel, Jr., Attorney, Gooding & Batsel, PLLC
Todd Rudnianyn, CCIM, International Property Services, Corp.
Jimmy Gooding, Partner, Gooding & Bastel, PLLC
Fred Roberts, Jr, Attorney, Klein & Klein, LLC.
Rick Pruetz, FAICP

Front Row L to R:
Michelle Stone, Marion County Commissioner, District 5, Representing the Farmland Preservation Area
Christopher Rison, Senior Planner, Marion County Growth Services
Paul Caspersen, Director of Planned Giving, American Farmland Trust
Mounir Bouyounes, P.E., County Administrator, Marion County
Sara Powell Fennessy, Director of Community Affairs, HFF Staff
Busy Shires, Director of Conservation Strategies, HFF Staff
Tamara Fleischhaker, Chief Experience Officer, Ocala Metro CEP
Elisabeth Brinton, Corporate Vice President of Sustainability, Microsoft (retired), Owner, Serenity Spring Farm, HFF Founder Member
Kenneth Metcalf, AICP, Dir. of Planning & Development Services, Stearns Weaver Miller, P.A.
Tracy Straub, P.E., Assistant County Administrator, Public Works & Growth Services
David Tillman, P.E., Tillman & Associates Engineering, LLC

Busy Shires

What About Zoning?

The Zoning regulations are found in the Land Development Code, which is a separate document with specific guidelines to implement the Goals, Objectives, and Policies of the Comprehensive Plan.

Zoning regulates development through land use classifications and specifies the areas in which residential, industrial, recreational or commercial activities may take place. The Land Development Code was adopted through a series of ordinances by the County Commission, which means that the regulations cannot be changed or waived, except by a further vote of the County Commission.

HFF Celebrates Farmland Preservation Month

HFF Celebrates Farmland Preservation Month

by | May 2, 2023 | Events, News

John Piotti and Rick Pruetz joined HFF’s Sara Fennessy, Busy Shires and Bernie Little for a conversation about conservation. Photos by Sean Dowie Photography

Spring Speaker Series at Golden Ocala

Over 100 guests joined Horse Farms Forever to celebrate Farmland Preservation Month at our second annual Spring Speaker Series event on Friday, April 14th at Golden Ocala Golf & Equestrian Club. Our Presenting Sponsor for the event was Lugano Diamonds and our Program Sponsor was Merrill Lynch Wealth Management. Many thanks to them for their gracious support!

We were honored to have two of the nation’s leaders in farmland preservation as our speakers. John Piotti is the President and CEO of the American Farmland Trust (AFT) and Rick Pruetz of Smart Preservation, who is an FAICP professional planner and a nationally recognized expert on Transfer of Development Rights.

American Farmland Trust’s John Piotti. 

Saving America’s Farmland

John spoke about the importance of preserving farmland and highlighted AFT’s role as the only agricultural land trust with a national scope. AFT has preserved over 7 million acres of farmland since the organization’s founding in 1980 by Peggy Rockefeller. AFT pioneered the use of conservation easements to protect farmland from development, and also works to develop programs at the federal, state, and local level to purchase conservation easements. Under John’s leadership, AFT has helped secure billions of dollars in federal funding to protect farmland and has developed several new programs to support climate-smart agriculture, regenerative farming practices, and next-generation farmers.

“Yet despite these accomplishments, AFT and its partners have much more work to do because, every year 750,000 acres of productive farmland is lost to development,” said John.

Research conducted by AFT shows that over the next 20 years, given current growth trends, Florida will lose over 620,000 acres of land, which translates into losing about 4,400 farms, $727 million in farm output, and 21,400 jobs.  Even in Marion County, over 2,500 acres has been lost from the Farmland Preservation Area.  While these numbers are staggering, the tools exist to help slow this trend. AFT partners with other state and local organizations to raise awareness about farmland preservation and the tools, including conservation easements, available to landowners to protect their farm, explained John.

John also emphasized the importance of local comprehensive planning to help protect farmland. AFT’s research also shows that with better planning and development choices, that over 350,000 acres of farmland, 2,500 farms, $347 million in farm output, and 11,000 jobs can be saved in Florida. In addition, with better planning, local governments can more effectively reduce the cost of community services such as roads and emergency services.

“While conservation easements are great tools to preserve farmland, they can only protect so much land,” said John “With a good comprehensive plan, more land can be preserved on a larger scale.”

One of the tools in Marion County’s comprehensive plan to help protect farmlands and steer growth to urban areas is the existing Transfer of Development Rights (TDR) program.


Just one stunning example of the wearable art on display from Lugano Diamonds

Foster Bachschmidt, Financial Advisor for Merrill Lynch, with HFF President Bernie Little

HFF Founder, owner of Serenity Spring Farm and global sustainability expert, Elisabeth Brinton, with John Piotti

Tasha Osbourne, Sotheby’s International Realty Broker/Associate, with her husband Michael Osbourne, flanked by Charlie Stone on the left and Lugano Diamonds’ Jack Sharp on the right


Sara Powell Fennessy, returning to HFF as our Director of Community Affairs, is welcomed by Marion County Commissioner, Craig Curry

Charlie Stone, former member of the Florida House of Representatives, Michelle Stone, Marion County Commissioner, Rick Pruetz, FAICP, and Paul Caspersen, Director of Planned Giving, American Farmland Trust

Kylie Halter, HFF Founder Mary Jane Hunt, Mary Bancroft and David Velez

HFF friends Chuck and Dawn Vigne


HFF Board Member and Founder Elma Garcia Cannavino with HFF Founder Matt Varney Broker/Realtor, Ocala Horse Properties

HFF Member Tammy Dowie with Event Planner Sadie Cone Fitzpatrick


More stunning Lugano sparkle

Rick Pruetz is a city planner, author, consultant and national expert on the subject of Transfer of Development Rights programs.

How TDRs Can Help Save Farmland

Also, during the evening, Rick Pruetz presented insights on successful TDR programs in other communities. He also provided some suggestions to help improve Marion County’s TDR program.

Rick explained the basics of how TDR programs work. TDRs are a voluntary program that allows the owner of one property (Sending site) to transfer the development rights to the owner of a second property (Receiving site). The Sending site owner receives money from the sale of the development rights to the Receiving site owner. Then, those development rights are transferred to the Receiving site property to increase the density.

TDR programs can benefit landowners, developers, and communities by helping them implement their preservation as well as development goals without reliance on taxation. Instead, TDR uses market forces to transfer the density from one property to preserve natural resources, wildlife habitat or farmland, to another property in a designated urban area, explained Rick.

 “One of the most successful TDR programs was created in Montgomery County, Maryland,” said Rick. “Montgomery County is located just north of Washington, DC, but despite tremendous development pressure, the County has preserved over 72,000 acres, with 52,000 acres through a TDR program.”

Montgomery County’s TDR program not only preserved the land, it also helped preserve the agricultural economy and created more investment by farmers in their business.

 “Preserving the land also gave landowners greater confidence that farming would remain a viable activity,” said Rick. “It stabilized the agricultural industry and prevented landowners from selling their land out of fear that the farm next door would be developed.”

In 2022, HFF hired Rick to evaluate Marion County’s TDR program to determine why the program is underutilized. Rick compiled his research into a Preliminary Study, which evaluated Marion County’s TDR program against Ten Success Factors.

“Marion County excels in one of the top ten success factors for TDRs, which is strong support for preservation from the community,” said Rick. “For example, in 2005, the Farmland Preservation Area was created, and in 2021, over 90% of respondents agreed that the Farmland Preservation Area should be maintained to ensure Marion County’s legacy of the Horse Capital of the World for future generations.”

Marion County’s TDR Program

Marion County’s TDR program was created in 2004. The TDR Receiving Area was designated as the Urban Growth Area and the Sending Area was named the Farmland Preservation Area in 2005. In 2007, the Sending Area was expanded to include all land designated as Rural Lands outside of the Urban Growth Area that are 30 acres or more and accepted by the County as having significant resources. About 3,200 acres has been preserved with conservation easements through the TDR program.

Rick also made some suggestions on how to improve Marion County’s TDR program by focusing on four success factors that could help increase the viability and effectiveness of the TDR program by creating more demand for TDRs.

HFF will be hosting additional meetings with stakeholders to discuss the four success factors and to determine if the Marion County Commission will adopt any of the recommended changes, but the process of updating the TDR program was off to a great start.

 “It warmed my heart to see a room of thoughtful people interested in hearing positive approaches to farmland preservation and agricultural policy,” said Rick after the event.

The Spring Speaker Series event is a continuation of Horse Farms Forever’s successful Conversations about Conservation program. One of HFF’s goals for this year’s program was to highlight just how fragile the boundaries of the Farmland Preservation Area (FPA) are in Marion County. Even though this area has been designated as a preservation area, the boundaries of the FPA can be erased by a vote of just three of the five Marion County Commissioners.

These conversations between land conservation experts and landowners are often the first step in preserving horse farms for future generations.

Join our efforts to preserve what we all love about Marion County – the horses, open spaces and beautiful places.

Thank You To Our Sponsors!

Busy Shires

What About Zoning?

The Zoning regulations are found in the Land Development Code, which is a separate document with specific guidelines to implement the Goals, Objectives, and Policies of the Comprehensive Plan.

Zoning regulates development through land use classifications and specifies the areas in which residential, industrial, recreational or commercial activities may take place. The Land Development Code was adopted through a series of ordinances by the County Commission, which means that the regulations cannot be changed or waived, except by a further vote of the County Commission.

Contact the County about the EAR:

For any additional questions regarding the EAR process, please email Planning@MarionFL.org with your subject line including 'EAR' or call us at 352-438-2675 & ask for a planner.

https://www.marionfl.org/agencies-departments/departments-facilities-offices/growth-services/planning-zoning/ear

The workshops will be livestreamed. Check the County’s agenda webpage for the link: https://marionfl.legistar.com/Calendar.aspx

Join Us