§ 11.01. Establishment of programs for transfer of development rights.

(a)  In general.- A local legislative body that exercises authority granted by this article may establish a program for the transfer of development rights to: 

(1) Encourage the preservation of natural resources; and 

(2) Facilitate orderly growth and development in the State. 

(b)  Priority funding areas.-

(1) (i) In this subsection the following words have the meanings indicated. 

(ii) "Priority funding area" has the meaning stated in § 5-7B-02 of the State Finance and Procurement Article. 

(iii) "Public facility" includes: 

1. Recreational facilities; 

2. Transportation facilities and transit oriented development; and 

3. Schools and educational facilities. 

(2) A local legislative body that exercises authority granted by this article may establish a program for the transfer of development rights within a priority funding area to assist a local jurisdiction in the purchase of land for the construction of a public facility within a priority funding area. 

(3) (i) Except as provided in subparagraph (ii) of this paragraph, proceeds of the sale of development rights shall be used to assist in: 

1. The purchase of the public site; or 

2. The construction of the facility. 

(ii) For schools and educational facilities, proceeds of the sale of development rights shall be used to assist in the purchase of the land on which the school or educational facility will be located. 

(4) Any development rights sold under the authority of this subsection shall only be transferred within a priority funding area. 

(5) Development rights associated with existing public land that is owned by a local jurisdiction on October 1, 2009, may not be sold or transferred under this subsection. 

[1986, ch. 605; 2000, ch. 426, § 2; 2009, chs. 176, 177.]