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environmentally sensitive, and the applicant received some fill permits. Portions of this property were filled, and some are not completely filled yet. Ms. Johnson continued that they had the DER check the areas that remain and some areas where the drainage was changed, and those areas, which total about 20 acres, will be left in their present condi- tion. The developer will be allowed to transfer those 20 units over to high and dry areas. Staff Planner Johnson explained that once permits are issued, that land is no longer considered truly environmentally sensitive. Some question arose regarding the transfer of develop- ment rights, and Community Development Director King noted that the Comprehensive Plan states that a developer can transfer to an adjacent piece of property which he owns. Attorney Brandenburg commented that while we currently do not have any mechanism for the transfer of development rights, he felt it probable that one will be adopted; although, there is no guaranty that it will be on the level of one unit per one unit. Commissioner Lyons did not feel we should discuss that subject at this time. He wished to know whether the area that has been filled in for some time is.affected by the tidal flow, and Ms. Johnson stated that it is not. Attorney Brandenburg informed the Board that the -devel- oper was required to submit a certified survey delineating the environmentally area. The Chairman asked if anyone wished to be heard. Nathan Davies informed the Board that he owns the lot just south of the subject project, and it.is very low - only about 3' above the level of the river. If there is going to be a considerable amount of fill going into the area to the north of him, he felt there is a strong possibility it will wash down over his property. Mr. Davies noted that the 75 OCT 2 01982 51 PA -023 I