Transferable Development Credit FAQ

What is the Expanded TDR Program or TDC Program?

The Expanded TDR Program including Structure Size Thresholds, also known as the Transferable Development Credit Program or TDC Program, requires the purchase of development credits to build houses over a specific threshold size and allows the owners of small houses and vacant land to sell development credits. There is no maximum house size limitation included in this program.

Why did the Commissioners Adopt these Regulations?

The TDC Program implements the goals and policies included in the Sustainability Element of the Boulder County Comprehensive Plan. During 2005 and 2006, the Land Use Department (now known as the Community Planning & Permitting Dept.) held numerous public meetings and hearings to discuss the Boulder County Land Use Code. During that time, staff and the Commissioners heard from residents in the County that they are deeply concerned with the trend in large-scale development in areas that previously have sustained modest houses that fit with the landscape. The concern is about the increasing use of resources to build larger homes, the impacts of this development on the environment and watersheds, and the negative impact to the rural neighborhood character of their local area.

The TDC Program allows for larger homes to be built, as there is not a limit on house size, but requires that the impacts of those homes be offset through the preservation of either vacant land or smaller homes. The preservation of smaller homes also preserves a diversity of housing stock, which is another goal of the Comprehensive Plan.

What are Development Credits, also known as TDCs?

A development credit, or TDC, is a measure of square footage, which must be bought to allow the construction of residential square footage above the defined size threshold, and may be sold to preserve vacant land and smaller scale development.

What is the County-Wide Size Threshold?

The County-wide size threshold is 6,000 square feet. This threshold is a measure of total residential floor area and includes houses, garages, basements, and residential accessory structures, but does not include covered porches.

Why Not Use Lot Size to Determine the Appropriate Size House?

In the unincorporated areas of Boulder County, we have many shapes and sizes of lots with varied topography. Unlike a city, or any other area with more regular lot configurations, there is not always a correlation between the size of the lot and the impact of the development on that lot. Adopting size allowances based on lot size alone, without regard to the specific characteristics of the particular lot, would unfairly penalize some property owners and would allow impacting development on other property. For example, someone may have a very large, 10 acre lot that is either extremely visible from public roads and trails, is covered by significant environmental resources like wetlands or wildlife habitat, or is extremely steep. Allowing a large house on that lot would have significant negative impacts on both the land and the surrounding area. On the other hand, a much smaller lot that is not visible or does not have associated environmental resources would be appropriate for a larger home.

Who Will Be Required to Comply with These Regulations?

Any residential development, which does not meet any of the exemptions included in the regulations, and is larger in size than the threshold, will have to purchase TDCs depending on the size of the residential development.

Will the County Control the Transfer of Credits from One Property Owner to Another?

Development credits (TDCs) may be purchased either from the Transferable Development Credit Clearinghouse, which is run by a third party, or through private market transactions between buyers and sellers. The function of the TDC Clearinghouse is to sell credits to individuals who want to deal directly with the County, to register private transactions and to provide the necessary documentation to facilitate these transfers. The County may buy TDCs at some point in the future, depending on market conditions. There will be choices and options for sellers and buyers alike.

What Was the September 7, 2007 Deadline?

Under the regulations, there are several “safe harbors” which outline the types of applications that will not be subject to new regulations. One of these is complete SPR applications received on or before September 7, 2007. In order to allow for applicants who had begun work on their SPR application prior to consideration of these regulations, any complete SPR application submitted by will not be subject to these new regulations regardless of when the home is built, so long as the SPR approval does not expire.

What Are the Other Safe Harbors?

Approvals that have vested rights under state statute will be exempt until their vested rights expire plus an additional three-year exemption period. In addition, projects approved with a specific house size associated with that approval and developments which have a complete building permit submitted prior to the effective date of the regulations, August 8, 2008, or a complete site plan review application submitted by September 7, 2007 are subject to specific exemptions from the regulations. Development in an approved TDR/PUD subdivision is subject to a size threshold of 9,000 square feet of residential floor area.

How Does This Program Impact the Site Plan Review Process?

Site Plan Review is required for new homes or homes with additions in excess of either 1,000 square feet or that will have a total square footage greater than 125% of the median size in the defined neighborhood. Under the TDC regulations, property owners could apply through Site Plan Review for whatever house they would like to build. That proposal will be evaluated based on the criteria included in the Boulder County Land Use Code. These criteria will include an analysis of neighborhood compatibility with the neighborhood being defined as either a subdivision with more than seven lots, the mapped townsites of Allenspark, Eldora, Eldorado Springs, Gold Hill, Raymond and Riverside, or the area within 1,500 feet of the subject property. If a home above the appropriate threshold were approved through Site Plan Review, the property owner would then have to obtain the required number of development credits to build that home.

Why Doesn’t the County Enact A Green Building Program If There Is A Concern About the Impact of Larger Homes?

Boulder County BuildSmart, the Boulder County green building program became effective on May 1, 2008. BuildSmart requires mandatory measures regarding deconstruction of existing structures, recycling and reuse of construction waste, energy efficiency and conservation, carbon emissions, and indoor water conservation. These requirements address the ongoing effects of larger homes in terms of energy use. However, BuildSmart does not address the use of materials and resources to build larger homes, or the effect of larger homes on the character of neighborhoods.

When Was This Program Enacted?

The Commissioners took final action on the program on June 12, 2008, and the program went into effect on August 8, 2008.

If I Sell All the TDCs for My Vacant Land, How Will That Affect My Value?

After selling the development credits attributed to your vacant parcel the land will be reassessed for the next appraisal year as a non-buildable site reflecting the value of what other non-buildable sites have sold for. This is not a $0 amount, for the property still has value as a recreational site, additional privacy for an adjoining property, and so forth.

If all the development credits to a parcel have been sold, and you own the adjacent parcel, the Assessor’s Office will assume that the two parcels will be sold together, and will appraise the stripped parcel for its value contribution to the whole.

Keep in mind that properties are assessed based on their use and value as of January 1st of each year. Also, in Colorado, taxes are paid in arrears – in other words, the taxes that become due in January of each year are based on the previous year’s assessed value for that property. If you sell your TDCs any time after the first of the year, the property will still be assessed as a buildable site for that tax year, with the taxes based on that assessment due and payable the following year. So any selling of development credits from January 2nd to December 31st will not affect the assessed value of the property until the next year, and the taxes due and payable for that property until the year after that.

If I Sell the TDCs That Have Been Determined for My Improved Property – Which Will Limit the Size of My Current Home to Less Than 2,000 Square Feet – How Will That Affect My Value?

That will be determined by the market. If analysis shows that properties under similar circumstances such as sold TDCs, that cannot expand their improvement’s size are selling for less than other similar properties that still have the right to expand their homes, then properties that are size restricted will have their values adjusted accordingly. However, if analysis shows that there is no apparent loss in value for selling off the TDCs and having size limitations on your property, then there will be no adjustment. Until it is evident from the market place that adjustments are warranted, no adjustments will be made.

Since the Number of TDCs That I Have to Sell or Will Need to Buy are Based on the Size of the Residential Improvements on My Property, How are Those Sizes Calculated?

The Assessor’s Office uses the exterior measurements of homes and buildings. This includes the outside dimensions of all basement areas as well. For finished areas that have sloping roofs such as A-frames, 1 ½ stories, etc., there must be a minimum of five feet of clearance between the surface of the floor and the surface of the ceiling for that portion of the structure to count as living area. We round our measurements to the nearest half-foot when doing the area calculations. This may cause the Assessor’s estimate of square footage to differ from that estimated by an architect, builder, or Realtor, since they frequently use interior measurements.

If I Believe that the Square Footage Listed for My Improvement is In Error, What Should I Do?

Please contact the Assessor’s Office. They will review what is listed for your property, and if necessary, come out to your property and re-measure, verify, and/or correct the calculations listed for your account.

What Are TDCs?

TDCs are Transferable Development Credits. Under regulations adopted by the Board of County Commissioners, houses above 6,000 square feet may only be constructed in unincorporated Boulder County if the landowner purchases TDCs, subject to certain exemptions, and if certain other requirements are satisfied. TDCs are measures of single family residential floor area. There is a sliding scale to determine the number of TDCs needed to build additional floor area. See chart below.

* Minor additions (under 200 square feet) may be exempt; See below.

What is Included in the 6,000 Square Foot County-Wide Size Threshold?

The 6,000 square foot threshold is a measure of total residential floor area and includes garages, basements, and residential accessory structures, but does not include covered porches.

When Do I Need to Purchase TDCs?

Subject to certain exemptions, if you are building a house above the County-wide size threshold of 6,000 square feet, you must purchase TDCs before your building permit will be issued. TDCs must be provided to the Boulder County Community Planning & Permitting Department before your building permit is issued. Community Planning & Permitting will conduct a building plan check and inform you of the exact number of TDCs you need to submit for your building permit.

How Many TDCs Do I Need to Purchase?

The chart above shows the general number of TDCs needed to construct different size homes. The exact number of TDCs you need will not be determined until your SPR is approved, your building permit is submitted, and your building plans have been checked by the Community Planning & Permitting Department.

How Much Does a TDC Cost?

It depends on the market. You can purchase TDCs from any party who owns TDCs at a price you negotiate. Sellers of TDCs are required to report the sales price to the Clearinghouse and that information is publicly available, and will be regularly updated. See the Transferable Development Credit Marketplace for current values.

How Do I Buy TDCs?

You may buy TDCs from a private party or you may purchase TDCs from the TDC Clearinghouse. The TDC Clearinghouse price for sale of TDCs is listed on the TDC Marketplace page of the website. If you wish to purchase TDCs from a private party, you may register your interest with the TDC Clearinghouse. Simply go to the Registration Form page for the downloadable registration form, complete and return by email, fax or mail to the TDC Clearinghouse. The TDC Clearinghouse will list the information you provide on its website and provide the information to interested sellers. You may also purchase TDCs directly from a private party without TDC Clearinghouse involvement, except for the issuance of new TDC Certificates by the TDC Clearinghouse.

Do I Have to List the Price at Which I will Purchase TDCs?

No, if you would like to state your purchase price, that is fine. You may also ask potential sellers to contact you for that information, or provide a price range.

Can I Buy a Fraction of a TDC?

No. Fractional TDCs will not be recognized by Boulder County or the TDC Clearinghouse, and will not be valid for building permit issuance.

How Do I Know if TDCs are Available for Purchase?

Sellers of TDCs may register their TDCs with the TDC Clearinghouse. TDCs that have been registered for sale are listed at the TDC Marketplace. You may also contact parties on your own and ask them if they would like to sell TDCs. Generally, owners of vacant lands or parcels with house sizes of less than 2,000 square feet are eligible to sell TDCs. See sellers FAQ’s for more information.

How Do I Know if the TDCs Are Valid?

The TDC Seller needs to have an original TDC Certificate issued and signed by Boulder County. The TDC Clearinghouse keeps a list of issued TDCs and can provide you with that information. Be aware however, that the TDC Clearinghouse will not know if the Seller has already sold TDCs and it is essential that you receive the original TDC Certificate. TDC Certificates will not be issued until a conservation easement or restrictive covenant is recorded against the TDC sellers property. For more information on these requirements, see sellers FAQ’s.

Can I Buy TDCs Before My SPR is Approved?

Yes, you may buy TDCs from private sellers at any time. The County will only sell TDCs to parties with approved SPR’s.

Do TDCs Guarantee Me the Right to Build the House of the Size I Desire?

No. You are not entitled to build a house above the threshold size, unless your design is approved through SPR, and your building permit is approved. The TDCs are a requirement to obtain a building permit, but do not provide you with any rights to build a larger house if your SPR is not approved.

What if I Submit TDCs to the County and My Building Permit Expires?

Once you submit TDCs with your building permit application, they are extinguished. You have no right to use them for any other project, regardless of whether your project is never completed.

What if I Buy TDCs and Then Can’t Use Them?

You may sell your TDCs to an interested party. You may register your TDCs for sale through the TDC Clearinghouse to publicize your listing. If you buy TDCs before your SPR is approved, you accept the risk that you may not be able to use the TDCs and may not be able to resell them, or resell them at the price you wanted.

How Long Does the Process Take to Purchase TDCs?

If the Seller has TDC Certificates that have already been issued by the TDC Clearinghouse, the process can be very quick. The TDC Clearinghouse will issue new TDC Certificates to the buyer when the original TDC certificates are presented with signatures authorizing the transfer.

If the Seller does not yet have TDC Certificates, the Seller will need to follow the procedures outlined for issuance of TDCs. First, the Seller will need a TDC Determination from the Boulder County Community Planning & Permitting Department to determine the number of TDCs available from sellers property. Then, the Seller will need to provide title information and other documentation to the TDC Clearinghouse, and obtain subordinations of existing mortgages and deeds of trust, if any encumber the property. After all requirements are satisfied, TDC Certificates will be issued. See Seller FAQ’s for more detail.

Can I Use TDCs from Mountain Properties for Construction of a House on the Plains or Vice Versa?

Yes, there is one system that applies to all TDCs. TDCs from any part of Boulder County may be used in any other part of Boulder County.

Can I Buy TDRs From the Boulder County TDR/PUD Program to Use as TDCs Under the New Program?

Generally, no. There are limited circumstances in which TDRs from the 1995 program can be converted to TDCs under the new program. Check with the TDC Clearinghouse for specific information on this issue.

My Property Has a Specific Numerical House Size Limitation Under a Land Use Approval, Do I Need to Purchase TDCs?

Check with the TDC Clearinghouse or the Community Planning & Permitting Department on your specific situation. Certain properties for which firm, numerical house sizes were approved prior to September 7, 2007 and for which conservation easements were recorded, are exempt from the TDC Regulations.

I Submitted a Complete Building Permit Application Prior to August 8, 2008. Do I Need to Purchase TDCs?

No. The TDC regulations only apply to building permits submitted or completed on or after August 8, 2008.

I Submitted a Complete SPR Application on or Before September 7, 2007. Do I Need to Purchase TDCs?

No. The TDC regulations do not apply to complete SPR applications received by the Land Use Department (now the Community Planning & Permitting Dept.) on or before September 7, 2007, so long as the SPR approval does not expire.

I Have a Vested Right in My Development Project. Do I Need to Purchase TDCs?

Check with the TDC Clearinghouse or the Community Planning & Permitting Department. You may be exempt from the TDC Regulations during your initial vesting period and your vesting period may be extended by three years under the TDC Regulations.

Am I Subject to the TDC Requirements for My Lot Which is Located in a TDR/PUD Subdivision or an NCNUPUD?

Development in a TDR/PUD Subdivision receiving site, approved and recorded under Article 6-700 of the Boulder County Land Use Code, and development in an NCNUPUD Subdivision receiving area, approved and recorded under Article 6-500 of the Boulder County Land Use Code, is exempt from the Size Threshold up to a total residential floor area of 9,000 square feet per lot. Residential floor area greater than 9,000 square feet per lot will be subject to the requirement to purchase additional TDCs for the floor area greater than 9,000 square feet.

What Are the Risks of Buying TDCs?

Your risk is limited if you buy TDCs after you have obtained an approved SPR and anticipate building in the near future. If you buy TDCs without an approved SPR, you may not be able to use them for your proposed development. The price of TDCs will be determined by the market, and markets experience swings and variability in pricing. There is no guarantee that your TDCs will be worth the same amount today as in the future. The price may go up or down, depending on numerous factors, that are impossible to predict. It is also possible that the TDC program will be modified or even terminated by the current or a future Board of County Commissioners. If that were to occur, TDCs could lose significant value or possibly all value.

Is there an exemption for a very small addition to my home?

A one time allowance of up to 200 square feet of residential floor area may be exempt from the requirement to purchase Development Credits, for a minor modification to your home, such as the addition of a closet or small bathroom. The additional residential floor area would still need to be approved through the Site Plan Review process, if applicable.

What are TDCs?

TDCs are Transferable Development Credits. Under regulations adopted by the Board of County Commissioners, houses above 6,000 square feet may only be constructed in unincorporated Boulder County if the landowner purchases TDCs, subject to certain exemptions. TDCs are measures of single family residential floor area. There is a sliding scale to determine the number of TDCs needed to build additional floor area. See chart below.

* Minor additions (under 200 square feet) may be exempt; See below.

Who Can Sell TDCs?

Owners of legal building lots with legal access who are willing to permanently restrict development on their properties may obtain TDC Certificates, subject to meeting certain qualifications, as well as sell their TDCs. The number of TDCs available from a parcel will depend on its location in the mountains or the plains and whether all development is prohibited, so that the parcel remains vacant land forever, or whether existing or future structures are limited to no larger than 2,000 square feet.

How Many TDCs May I Receive If I agree to Restrict the Size of My Current or Future House on My Property?

The chart below shows the number of TDCs available for properties limited to certain sizes. The same rules apply to mountain and plains properties.

How Many TDCs May I Receive If I Agree to Maintain My Property As Vacant Land?

If you restrict your property with a conservation easement, you will be entitled to five TDCs for mountain property and 10 TDCs for plains property.

How Many TDCs My I Receive If I Agree to Convey My Property to the County?

If your property is located in the Mountains, you are entitled to seven TDCs. If your property is located in the Plains you are entitled to 12 TDCs for conveying your parcel to the County. Conveyance to the County is subject to the County accepting your offer, in its sole discretion.

What is Included in the Mountain Area and the Plains Area?

The Mountain Area includes the area west of CO 93 from its intersection with the South county line to the City of Boulder, West of the City of Boulder city limits, West of US 36 from the City of Boulder to CO 66, and West of the St. Vrain Supply Canal from CO 66 to its intersection with the North county line. See Land Use Code Section 18-178A.
The Plains Area includes all areas of the County that are not part of the Mountain Area.

How is the Size of Basements, Porches, and Garages Counted in Determining My Eligibility for TDCs?

Residential floor area includes garages, basements and residential accessory structures, but does not include the area of any covered porches. Gazebos and carports under 200 square feet each, up to 400 square feet total are exempt.

What Are the Benefits of Selling TDCs?

If you intend to keep your house at a modest size, or don’t want to develop your property, then selling TDCs can provide you with funds for another purpose of your choice.

How Much is a TDC Worth?

It depends on the market. You can sell TDCs to any party who wishes to buy them at a price you negotiate. Sellers of TDCs are required to report the sales price to the TDC Clearinghouse and that information is publicly available, and will be regularly updated. See the Transferable Development Credit Marketplace for market values.

Can I Sell a Fraction of a TDC?

No. Fractional TDCs will not be recognized by Boulder County or the TDC Clearinghouse, and will not be valid for building permit issuance.

How Do I Sell TDCs?

Sellers of TDCs may register their TDCs with the TDC Clearinghouse so that buyers may contact you directly or the TDC Clearinghouse can notify you of buyers looking to purchase TDCs. Buyers who have registered their interest in purchasing TDCs are listed in the TDC Marketplace and you may contact them directly. You may also contact parties on your own and ask them if they would like to buy TDCs. Generally, property owners who wish to build houses above the threshold size in Boulder County are potential buyers of TDCs.

How Do I Know if I’m Entitled to TDCs?

To be entitled to TDCs, you must have a legal building lot with legal access and you must agree to keep your property vacant or with a house of no more than 2,000 square feet of residential floor area. If you meet these criteria, you need to submit a TDC Determination Application to the TDC Clearinghouse. The form is available for download from the TDC Determination Application page. The County will determine if you are eligible for TDCs and the number of TDCs available from your property.

Am I Entitled to Additional TDCs for the Significant Conservation Values of My Property?

You may be entitled to bonus TDCs, with a maximum of five, for significant conservation values of your property. This is a determination made by the Boulder County Parks and Open Space Department. Be sure to provide the information on the TDC Determination Application Form requesting that the Parks and Open Space Department look at these values and decide whether your property is entitled to bonus TDCs.

Am I Entitled to Additional TDCs If My Property is in the Floodway and I Remove Structures From My Property?

You may be entitled to bonus TDCs, with a maximum of five, for significant floodway mitigation activities on your property. This is a determination made by the Boulder County Transportation Department. Be sure to provide the information on the TDC Determination Application Form requesting that the Transportation Department look at the floodway mitigation potential for your property and decide whether your property is entitled to bonus TDCs.

Am I Entitled to Additional TDCs if My Property is Historically Significant?

You may be entitled to bonus TDCs with a maximum of five, if your property is historically significant, whether it is currently landmarked or has the potential to receive an historic landmark designation in the future. Whether your property is entitled to bonus credits for historic significance is a determination made by the Boulder County Community Planning & Permitting Department. Be sure to request that the Community Planning & Permitting Department evaluates whether your property is entitled to bonus TDCs for historic significance on the TDC Determination Application Form.

Am I Entitled to TDCs for My Property, Which Has No Legal Access?

No. Legal access is a requirement for issuance of TDCs. If you’re not sure if your property has legal access, you can ask the County for a determination when you submit a TDC Determination Application Form or contact the Boulder County Transportation Department.

I’m Not Sure if My Property is a Legal Building Lot. How Can I Find Out if I’m Entitled to TDCs?

You must have a legal building lot to be eligible for TDCs. The County Community Planning & Permitting Department will determine whether your property is a legal building lot as part of its review of your TDC Determination Application Form. You may also submit a Building Lot Determination Form to the Boulder County Community Planning & Permitting Department if you are just interested in knowing if you have a legal building lot.

My Lender Placed a Mortgage or Deed of Trust on My Property. Does That Limit My Right to TDCs?

You will need to obtain a subordination agreement from your lender before your TDC Certificates will be issued. That means your lender will recognize the development restrictions you place on your property through the TDC process. Please contact your lender as soon as possible to discuss this matter. The TDC Clearinghouse can provide you with additional information and assistance.

What is the Procedure for Issuance of My TDCs?

First, submit your TDC Determination Application Form to the County. Once the TDC Determination is made, the information will be provided to you and to the TDC Clearinghouse. If you wish to proceed with issuance of TDCs, you must submit a title commitment to the TDC Clearinghouse for review. The TDC Clearinghouse will review your title, determine if there are any mortgages or deeds of trust encumbering the property that need to be subordinated and if there are any other title issues to resolve. The TDC Clearinghouse will draft the conservation easement or restrictive covenant for you to sign. After the conservation easement or restrictive covenant is signed, and all other requirements are satisfied, the TDC Clearinghouse will issue your TDC Certificates.

How Long Will it Take for My TDC Certificates to Be Issued?

Generally, the TDC Determination Application will be reviewed within 10-20 business days by the County Community Planning & Permitting and Transportation Departments. Requesting bonus credits will extend the process because review by the Parks and Open Space Department may require a site visit to your property and additional information. After your TDC Determination is issued, the TDC Clearinghouse will review title and draft documents. This process should take approximately 5-10 business days from submission of required documentation. If a conservation easement is required to protect significant conservation values, it will need to be tailored to the property and this will extend the process. If you need to subordinate a mortgage or deed of trust, the lender response may delay issuance of your TDC Certificates.

Are There Costs to the Applicant for Issuance of Bonus TDCs for Significant Conservation Values?

There is a fee that is paid to the Parks and Open Space Department to evaluate your property and determine if there are significant conservation values on your property that justify an award of bonus TDCs. If bonus TDCs are awarded for significant conservation values, then the Parks and Open Space Department will draft a site specific conservation easement to preserve and protect those values. The County will require that a Phase I environmental assessment be prepared for your property before the bonus TDCs are issued. The cost of the Phase I will be the applicant’s responsibility.

What Can I Do to Speed Up the Process?

You can speak to your lender in advance and explain your need for a subordination agreement. You can also order a title commitment in advance and submit it to the TDC Clearinghouse for review prior to receipt of your TDC Determination.

How Will the Sale of TDCs Affect the Value of My Property?

The value of your property is determined by the market. Many factors influence the value of properties. Until there is a body of sales data available, it is impossible to answer this question.

Is the Sales Price for My TDCs Public Information?

Yes. You are required to report the sale of your TDCs to the TDC Clearinghouse within five business days after the closing of your sale. The Seller Reporting Form can be downloaded in the TDC Forms Section.

What Happens if I Don’t Report the TDC Sale?

Your buyer will not be able to receive a new TDC Certificate until you report the sales information. The buyer needs a TDC Certificate issued in the buyers name to submit a building permit application.

Does the Number of TDCs to Which I’m Entitled Depend on My Location in the Mountains or the Plains?

Yes, if you are agreeing your property will remain vacant.
No, if you are agreeing to restrict the size of your home.

What’s the Difference Between the Restriction on Size of Development on My Parcel and the County-wide Size Threshold?

The restricted size of your parcel is the maximum size to which you agree to restrict development on your parcel to no more than 2,000 square feet of residential floor area in order to obtain TDCs. The County-wide Size Threshold is the size above which TDCs are required to build your residence, 6,000 square feet of residential floor area. If you wish to build a home larger than 6,000 square feet, then you must submit TDC Certificates with your building permit application, subject to certain exemptions.

What are Conservation Easements and Restrictive Covenants?

Conservation easements and restrictive covenants are agreements between the landowner and the County that restrict future development and use of your property. They restrict the uses of your property in perpetuity and are recorded in the real property records of Boulder County.

I Believe That the Size of My House is Incorrect in the County Records. How Can I Challenge the Size Determination?

You should speak to the Community Planning & Permitting Department and be prepared to explain why your measurements are correct.

If TDC Certificates are Issued From My Property, Can I Later Purchase TDCs to Use for Development on My Property?

TDCs cannot be used to allow residential development on vacant properties from which TDCs have been severed. Once you place the restrictive covenant or conservation easement on your property, limiting its use to vacant land, you cannot change your mind and buy TDCs to allow residential development. If TDCs were severed from your property with a building limit of less than 2,000 square feet of residential floor area, TDCs may be used to allow greater development on your property, but only to allow the construction of a residence up to 2,000 square feet in size, and only when an amended restrictive covenant is placed on the property.

Is there an exemption for a very small addition to my home?

A one time allowance of up to 200 square feet of residential floor area may be exempt from the requirement to purchase Development Credits, for a minor modification to your home, such as the addition of a closet or small bathroom. The additional residential floor area would still need to be approved through the Site Plan Review process, if applicable.