Title Restrictions

Timing

While a title restriction is required for a TDC program under ALSA, the timing of when that title restriction comes into force is up to the municipality. A municipality, therefore, has at least the following choices regarding the point at which a title restriction must be entered into by a title holder in a TDC conservation area:

When the credits are assigned / issued – The title restriction may be required as soon as the credits are assigned to the owner of a parcel. There are few, if any instances where this option is so bluntly used, largely because this completely removes the voluntary aspect of TDC’s, of their credits would be on an open market.

When the first credit is transferred – This requires the title restriction to occur as soon as the first credit is conveyed in some manner to another party. This is the most common approach in the U.S., and we recommend it. This ensures conservation activity happens at the outset, but landowners still have the ability to phase the sale of credits, potentially over several years.

When the last credit is transferred – This requires that the title restriction occur after all available credits associated with the parcel have been conveyed or disposed of; this creates significant risk for changes in land use to occur after payment has been made for transferring development potential.

When the credits are applied / redeemed – This requires the title restriction be placed only after the credits have actually been redeemed in return for bonus development approval in the TDC Development Area; this means credits would have been bought and sold potentially years prior with no conservation activity having taken place, and a high risk of changes in land use having occurred.

Regardless, a TDC Bylaw should make it clear which of the above is the requirement in the municipal policy.