18G.10.030 Participation in the Program.
The provisions of this Chapter apply throughout unincorporated Pierce County as follows:
A. Optional Participation.
1. Public and private land may participate in the Program as a sending site if the land meets the Sending Site Eligibility Criteria set forth in PCC 18G.10.050.
a. In addition to meeting the Sending Site Eligibility criteria, public land shall also meet at least one of the following criteria:
(1) The land is Tribal land;
(2) The land is Department of Natural Resource land; or
(3) The TDR Technical Oversight Committee determines that the land is under imminent threat of development, that the land is highly valued as conservation land, and that acquiring the development rights would not materially diminish the value of available private development rights.
2. Land in Pierce County, or outside Pierce County when an interlocal agreement with the County is established, may participate in the Program as a receiving site when the land meets the Receiving Site Eligibility Criteria set forth in PCC 18G.10.060. (Note: Mandatory participation in the Program is required for certain lands as set forth in PCC 18G.10.030 B.)
3. Conservation Futures Property acquired pursuant to Chapter 2.97 PCC may participate in the Program as follows .
a. Any property type eligible for Conservation Futures purchases shall be eligible for purchase of non-transferable development rights.
b. Transfer of development rights from a Conservation Futures property to a receiving site may be allowed if the Sending Site Eligibility criteria set forth in PCC 18G.10.050, are met.
c. Land encumbered by a conservation easement created prior to the original effective date of the Program, November 1, 2008, shall not be eligible to participate in the Program.
B. Required Participation.
1. Urban projects proposing increased density pursuant to PCC 18A.15.020 E.1.b. shall obtain development rights as a County Receiving Site as set forth in PCC 18G.10.060.
2. Properties eligible for increased density as the result of a Comprehensive Plan amendment pursuant to Chapter 19C.10 PCC shall obtain development rights as a County Receiving Site as set forth in PCC 18G.10.060, except that plan amendments in the 2015 update that result in residential development opportunities in zones that had previously prohibited residential use are exempt from participation.
C. Land encumbered by a conservation easement created prior to the original effective date of this Program, November 1, 2008, shall not be eligible to participate in the Program.