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Planning Division

Transferable Development Rights (TDR)

Non-Urban Planned Unit Developments and TDRs

The Non-Urban Planned Unit Development (NUPUD) concept has been in place in Boulder County since 1978. Because of the adoption of the TDR program coincided with changes to the NUPUD program, many questions were raised about how they relate.
Question or Comment from the Public

Do the NUPUD and TDR Programs depend on each other?
Answer from Boulder County Land Use Staff NUPUDs can and have been approved without the TDR program since 1978. In turn, the TDR program does not depend on the NUPUD program. Both programs are voluntary and both are techniques for a property owner to gain some bonus density for a piece of land while preserving identified natural resources.
Question or Comment from the Public

How do NUPUDs and TDRs differ?
Answer from Boulder County Land Use Staff The main difference between a NUPUD and a TDR is the location of the development that results from the bonus density.
  NUPUD development occurs on the property itself. TDR development, on the other hand, requires that the development rights be sent from the original property to an entirely difference piece of land (the receiving site).
Question or Comment from the Public

I've heard that you can't build a house in Boulder County unless you have 320 acres. Is this true"?
Answer from Boulder County Land Use Staff No, it is not true. Neither the NUPUD or the TDR programs change the fact that 35 acres is the minimum lot size in most Boulder County zoning districts. The 320 acre minimum refers to the amount of land needed to apply for an NUPUD, in most cases.
Question or Comment from the Public

I have 140 acres. Can I apply for an NUPUD?
Answer from Boulder County Land Use Staff Although the minimum acreage needed to apply for an NUPUD is now 320 acres, there are exceptions to this rule. The exceptions are based primarily on the contiguity of the proposed NUPUD to existing development. No matter what the size of the property, at least 75% of the parcel must have natural or cultural resource designations as mapped in the Boulder County Comprehensive Plan. If you have specific questions about whether your property would qualify, you should contact the Land Use Department at (303) 441-3930.
Boulder County Land Use Department Publications are available in PDF format which can be previewed using Adobe® Acrobat® Reader software. If you have Adobe® Acrobat® Reader installed on your computer, simply click on relative link above. Please note that these files vary in size.
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Land Use Director: Dale Case

Land Use Department Divisions

Mailing Address

 Planning/Zoning Division, Administration, GIS/Maps, Forest Health:
303-441-3930

Building Division, Wildfire Mitigation:
303-441-3925

Land Use Department
PO Box 471
Boulder, CO 80306

Phone: 303-441-3930
Fax: 303-441-4856

Office Hours:
M-F 8:00AM-4:30PM

Please Note: Building permits can be applied for and issued until 4:00PM.

Courthouse Annex Building
2045 13th Street, Boulder, CO 80302

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