New State Law Allows Development Rights To Move Inland From Flood-Prone Areas

To aid in the relocation of development from areas at high risk of flood to areas with lower risk, a new state law authorizes the owners of flood-prone properties to transfer their development rights inland.

Assemblyman Fred W. Thiele Jr. of Sag Harbor was the prime sponsor of the legislation that Governor Andrew Cuomo signed into law last month. Under the law, land identified as at risk from sea-level rise, flooding and storm surge, and land on steep slopes, will be eligible to send development rights to land that is better suited to development.

Transfer of development rights, or TDR, is “a land use tool that provides municipalities in New York State with an effective and flexible mechanism for balancing both the development and preservation of land,” according to Mr. Thiele’s office.

As “sending areas,” flood-prone properties that are opted into the program will remain undeveloped. The “receiving areas” will then be eligible for a higher concentration of development and mixed uses.

“We are already seeing the adverse effects of climate change across our region, and extreme-weather events are becoming more frequent and more catastrophic,” Mr. Thiele said in a statement. “It is vitally important that municipalities in vulnerable, flood-prone areas have the necessary tools to protect themselves from storm damages and the related costs.”