{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2316.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2316.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2316.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2316.1.html"}],"law_id":63008,"edition_id":1,"section_id":63008,"structure_id":16050,"section_number":"15.2-2316.1","catch_line":"Definitions","history":"2006, c. 573; 2007, cc. 363, 410; 2009, cc. 413, 731.","full_text":"As used in this article, the term:\n\t\t&#8220;Development rights&#8221; means the permitted uses and density of development that are allowed on the sending property under any zoning ordinance of a locality on a date prescribed by the ordinance. &#8220;Development rights&#8221; includes &#8220;transferable development rights.&#8221;\n\t\t&#8220;Receiving area&#8221; means one or more areas identified by an ordinance and designated by the comprehensive plan as an area authorized to receive development rights transferred from a sending area.\n\t\t&#8220;Receiving property&#8221; means a lot or parcel within a receiving area and within which development rights are increased pursuant to a transfer of development rights affixed to the property. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property. Development rights may be transferred between receiving properties, as otherwise permitted in the ordinance.\n\t\t&#8220;Sending area&#8221; means one or more areas identified by an ordinance and designated by the comprehensive plan as an area from which development rights are authorized to be severed and transferred to a receiving area.\n\t\t&#8220;Sending property&#8221; means a lot or parcel within a sending area from which development rights are authorized to be severed.\n\t\t&#8220;Severance of development rights&#8221; means the process by which development rights from a sending property are severed pursuant to this act.\n\t\t&#8220;Transfer of development rights&#8221; means the process by which development rights from a sending property are affixed to one or more receiving properties.\n\t\t&#8220;Transferable development rights&#8221; means all or that portion of development rights that are transferred or are transferable.","order_by":null,"text":{"0":{"id":229786,"text":"As used in this article, the term:\n\t\t&#8220;Development rights&#8221; means the permitted uses and density of development that are allowed on the sending property under any zoning ordinance of a locality on a date prescribed by the ordinance. &#8220;Development rights&#8221; includes &#8220;transferable development rights.&#8221;\n\t\t&#8220;Receiving area&#8221; means one or more areas identified by an ordinance and designated by the comprehensive plan as an area authorized to receive development rights transferred from a sending area.\n\t\t&#8220;Receiving property&#8221; means a lot or parcel within a receiving area and within which development rights are increased pursuant to a transfer of development rights affixed to the property. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property. Development rights may be transferred between receiving properties, as otherwise permitted in the ordinance.\n\t\t&#8220;Sending area&#8221; means one or more areas identified by an ordinance and designated by the comprehensive plan as an area from which development rights are authorized to be severed and transferred to a receiving area.\n\t\t&#8220;Sending property&#8221; means a lot or parcel within a sending area from which development rights are authorized to be severed.\n\t\t&#8220;Severance of development rights&#8221; means the process by which development rights from a sending property are severed pursuant to this act.\n\t\t&#8220;Transfer of development rights&#8221; means the process by which development rights from a sending property are affixed to one or more receiving properties.\n\t\t&#8220;Transferable development rights&#8221; means all or that portion of development rights that are transferred or are transferable.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16050,"edition_id":1,"name":"Transfer of Development Rights","identifier":"7.1","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 04:04:43","date_modified":"2026-06-26 04:04:43","permalink":{"id":155479,"object_type":"structure","relational_id":16050,"identifier":"7.1","token":"15.2\/II\/22\/7.1","url":"\/15.2\/II\/22\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63008,"structure_id":16050,"section_number":"15.2-2316.1","catch_line":"Definitions","url":"\/15.2-2316.1\/","token":"15.2\/II\/22\/7.1\/15.2-2316.1","metadata":false},{"id":67178,"structure_id":16050,"section_number":"15.2-2316.2","catch_line":"Localities may provide for transfer of development rights","url":"\/15.2-2316.2\/","token":"15.2\/II\/22\/7.1\/15.2-2316.2","metadata":false}],"next_section":{"id":67178,"structure_id":16050,"section_number":"15.2-2316.2","catch_line":"Localities may provide for transfer of development rights","url":"\/15.2-2316.2\/","token":"15.2\/II\/22\/7.1\/15.2-2316.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2316.1\/","history_text":"<p>This law was first created in 2006. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0573\">573<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0363\">363<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0410\">410<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0413\">413<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0731\">731<\/a>.<\/p>","references":[{"id":60610,"section_number":"10.1-1119.3","catch_line":"Powers and duties of the Office; Virginia Farmland and Forestland Preservation Fund","order_by":null,"url":"\/10.1-1119.3\/"}],"refers_to":false,"permalink":{"id":155481,"object_type":"law","relational_id":63008,"identifier":"15.2-2316.1","token":"15.2\/II\/22\/7.1\/15.2-2316.1","url":"\/15.2-2316.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2316.1\/","token":"15.2\/II\/22\/7.1\/15.2-2316.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2316.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this article, the term:\n\t\t&#8220;Development rights&#8221; means the permitted uses and density of development that are allowed on the <span class=\"dictionary\">sending property<\/span> under any <span class=\"dictionary\">zoning<\/span> <span class=\"dictionary\">ordinance<\/span> of a <span class=\"dictionary\">locality<\/span> on a date prescribed by the <span class=\"dictionary\">ordinance<\/span>. &#8220;Development rights&#8221; includes &#8220;<span class=\"dictionary\">transferable development rights<\/span>.&#8221;\n\t\t&#8220;<span class=\"dictionary\">Receiving area<\/span>&#8221; means one or more areas identified by an <span class=\"dictionary\">ordinance<\/span> and designated by the comprehensive plan as an area authorized to receive development rights transferred from a <span class=\"dictionary\">sending area<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Receiving property<\/span>&#8221; means a lot or parcel within a <span class=\"dictionary\">receiving area<\/span> and within which development rights are increased pursuant to a <span class=\"dictionary\">transfer of development rights<\/span> affixed to the property. <span class=\"dictionary\">Receiving property<\/span> shall be appropriate and suitable for development and shall be sufficient to accommodate the <span class=\"dictionary\">transferable development rights<\/span> of the <span class=\"dictionary\">sending property<\/span>. Development rights may be transferred between receiving properties, as otherwise permitted in the <span class=\"dictionary\">ordinance<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Sending area<\/span>&#8221; means one or more areas identified by an <span class=\"dictionary\">ordinance<\/span> and designated by the comprehensive plan as an area from which development rights are authorized to be severed and transferred to a <span class=\"dictionary\">receiving area<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Sending property<\/span>&#8221; means a lot or parcel within a <span class=\"dictionary\">sending area<\/span> from which development rights are authorized to be severed.\n\t\t&#8220;<span class=\"dictionary\">Severance of development rights<\/span>&#8221; means the process by which development rights from a <span class=\"dictionary\">sending property<\/span> are severed pursuant to this act.\n\t\t&#8220;<span class=\"dictionary\">Transfer of development rights<\/span>&#8221; means the process by which development rights from a <span class=\"dictionary\">sending property<\/span> are affixed to one or more receiving properties.\n\t\t&#8220;<span class=\"dictionary\">Transferable development rights<\/span>&#8221; means all or that portion of development rights that are transferred or are transferable.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 15.2-2316.1)\n\nAs used in this article, the term:\n\t\t&#8220;Development rights&#8221; means the permitted uses and density of\ndevelopment that are allowed on the sending property under any zoning ordinance\nof a locality on a date prescribed by the ordinance. &#8220;Development\nrights&#8221; includes &#8220;transferable development rights.&#8221;\n\t\t&#8220;Receiving area&#8221; means one or more areas identified by an\nordinance and designated by the comprehensive plan as an area authorized to\nreceive development rights transferred from a sending area.\n\t\t&#8220;Receiving property&#8221; means a lot or parcel within a receiving area\nand within which development rights are increased pursuant to a transfer of\ndevelopment rights affixed to the property. Receiving property shall be\nappropriate and suitable for development and shall be sufficient to accommodate\nthe transferable development rights of the sending property. Development rights\nmay be transferred between receiving properties, as otherwise permitted in the\nordinance.\n\t\t&#8220;Sending area&#8221; means one or more areas identified by an ordinance\nand designated by the comprehensive plan as an area from which development\nrights are authorized to be severed and transferred to a receiving area.\n\t\t&#8220;Sending property&#8221; means a lot or parcel within a sending area\nfrom which development rights are authorized to be severed.\n\t\t&#8220;Severance of development rights&#8221; means the process by which\ndevelopment rights from a sending property are severed pursuant to this act.\n\t\t&#8220;Transfer of development rights&#8221; means the process by which\ndevelopment rights from a sending property are affixed to one or more receiving\nproperties.\n\t\t&#8220;Transferable development rights&#8221; means all or that portion of\ndevelopment rights that are transferred or are transferable.\n\nHISTORY: 2006, c. 573; 2007, cc. 363, 410; 2009, cc. 413, 731.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}