Stafford County, VA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Density increase source
- TDR program (§28-354, §28-355)
- Sending property min size
- 20 acres (or 2 acres if 'park')
- Sending zoning
- A-1 agricultural or A-2 rural residential
- Receiving zoning
- A-1, R-1, PD-1, PD-2, PTND, UD, B-3
- Commercial conversion ratio
- 1 right per 3,000 sq ft commercial
- Adopted
- Ord. No. O13-21, Feb. 19, 2013
Summary
Stafford County's Transfer of Development Rights program under section 28-354 lets an owner in a designated sending area sell residential density to a receiving property, which can then build above its base zoning density up to the cap in Table 3.1.
Pursuant to Code of Virginia, §§ 15.2-2316.1 and 15.2-2316.2, a transfer of development rights (TDR) program is established. The purpose of the TDR program is to provide a mechanism by which a property owner can transfer residential density from sending areas to receiving areas and/or to a transferee without relation to any particular property through a voluntary process intended to permanently conserve agricultural and forestry uses of lands, reduce development densities on those and other lands, and preserve rural open spaces and natural and scenic resources. ... Land utilizing transferred development rights may be subdivided or developed in receiving areas at the maximum density specified by County Code section 28-35, Table 3.1 and Table 3.1(a), above the base density for the applicable zoning district.
Full Breakdown
Article XX of the Zoning Ordinance, added by Ord. No. 2. Section 28-354 describes the purpose as letting an owner move residential density from a 'sending area' to a 'receiving area' or to a transferee unconnected to any specific parcel, in exchange for a permanent covenant or conservation easement that strips the sending property of the transferred rights. 1(a), above the base density normally allowed in that zoning district. To qualify as a sending property under section 28-357, a parcel must sit in a mapped sending area, be zoned A-1 agricultural or A-2 rural residential, and be at least twenty acres, either alone or as contiguous commonly-owned parcels, or at least two acres if designated 'park' on the comprehensive plan's land use map.
1 even after accepting transferred rights. Section 28-358(d) lets an owner convert residential rights to commercial rights at a fixed ratio of one development right per 3,000 square feet of commercial space. Section 28-356(h) adds a real estate tax abatement of up to twenty-five years for an owner who severs and sells development rights, computed by the commissioner of the revenue.
Violations & Fines
A sending or receiving property with outstanding code violations or unpaid taxes cannot take part in the TDR program under sections 28-357(c) and 28-358(b) until every violation, required abatement and tax is fully resolved; the director also withholds or invalidates a TDR certificate if the required covenant or conservation easement is never recorded.
Frequently Asked Questions
How can a Stafford County property exceed its base zoning density?
Which properties can sell their development rights?
Can development rights be turned into commercial square footage instead of housing?
Sources & Official References
Other rules in Stafford County
Compare Stafford County to another location·View the Virginia zoning overlays & bonuses overview
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