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Development agreement

A development agreement is a contract between a local government and a developer setting a project's rules, timing, and public improvements.

Also called developer agreement or pre-annexation agreement.

What it tells you

A development agreement usually means a large or long-term project is moving forward, with homes, acres, and phases written down. It often names the developer and commits them to roads and utilities.

How it moves through a city or county

  1. The developer and city staff negotiate the terms, often alongside a rezoning or annexation.
  2. The planning commission may review it.
  3. The city council or county commission holds a hearing and approves it.
  4. It is usually recorded against the land and binds later owners.

Some states, like California and Florida, have a statute setting what development agreements must contain; elsewhere they rest on general contract powers.

Recent development agreements

From public filings in Alabama, Florida, and Utah.

Recent development agreements, sample projects
ProjectLocationDeveloperTypeSizeStageLatest meeting
235-Unit Single-Family Subdivision on 128 AcresTrussville, ALDDB CapitalSingle-family235 homes128 acresApproved
Development Agreement Amendment for 13-Unit Canyon Hollow Townhome ProjectSaratoga Springs, UTCanyon Hollow Development, LLCTownhomes13 townhomes1.58 acresApproved
110-Unit Townhome Development on 35.79 AcresGroveland, FLHighland HomesTownhomes110 townhomes35.8 acresApproved

As of How we count

Common questions

Is a development agreement the same as zoning approval?
No, a development agreement is a contract that usually sits on top of zoning approval. It can lock in the rules for a period and add commitments, like road improvements or phasing, that zoning alone does not spell out.
How long does a development agreement last?
The term of a development agreement is written into the agreement itself. Agreements for large communities often run for a decade or more, with options to extend.

Rules vary by state, county, and city. These pages describe common practice, not legal advice.

See development agreements near you.

Pick Development Agreement under Application Type on the Boardwalk map.