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SANTA FE, N.M., June 2, 2026—The Santa Fe Board of County Commissioners recently took important steps toward improving the County’s Transfer of Development Rights (TDR) Program. The TDR Program gives landowners a financial incentive to preserve their land while encouraging higher density development in designated areas of the County where new development is more appropriate. This is part of the County's sustainable development strategy.

Under the County-administered TDR Program, any owner of land that has environmental or cultural values, such as irrigated agriculture, scenic vistas, historical significance, or endangered species habitat, can voluntarily sever their development rights in exchange for TDR certificates. These certificates can be sold to developers who can redeem them with the County to build at higher density in certain zoning districts. 

Each house that a landowner agrees not to develop equates to one TDR certificate. A developer who purchases the TDR certificate can use it to build an additional five houses or ten rentals, or larger commercial or industrial buildings, in approved zoning districts. Additional TDR certificates are required for every increment of additional density. The County’s Sustainable Land Development Code (SLDC) sets limits on where the certificates can be redeemed and the total density that can be achieved using them.

The Board of County Commissioners recently voted to participate by generating certificates from County-owned Open Space properties where development rights have been severed. During the April 28 Board of County Commissioners meeting, the Board listed 43 Open Space TDR certificates for sale on the TDR Marketplace.

The TDR Marketplace is the website where buyers and sellers can negotiate a sale. Participants can set a negotiable list price. The Board set its list price for one Open Space TDR certificate at $22,000, based on comparable sales from 2022, and will evaluate the price annually.  The County will use the revenues from its own TDR certificate sales to purchase development rights from private landowners to further support the TDR market and give landowners an incentive to preserve their land.

The program administrator, Santa Fe County Planning Team Leader Herbert Foster, is looking at ways to improve the program so more landowners can participate.

“The Board achieved a critical milestone in moving the TDR program forward with their April vote,” Foster said. “They gave me direction to amend the Sustainable Land Development Code (SLDC) to increase the incentives to developers. The TDR Program will only work if there is a financial incentive to buy TDR certificates,” he added.

A recent study of the program revealed that there is little financial incentive for developers to buy TDR certificates due to the existing barriers to higher density development that already exist in the SLDC. Mr. Foster is eager to remove these barriers and begin promoting and expanding the TDR Program.

“I am excited to work with builders, developers, engineers, realtors, and other professionals to promote the TDR Program. I am even more excited to help landowners preserve their land and leave a legacy of conservation and stewardship for the next generation and for time immemorial,” Foster said.

Contact Herbert Foster, Planning Team Leader, at (505) 995-2735 or by email at MFoster@SantaFeCountyNM.gov for more information about the TDR Program or go to the County TDR Program website.

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