justicedao/ipfs_state_laws huggingface dataset:
660-039-0090 Subsequent Events (1) Upon selection by the commission as provided in OAR 660-039-0080(4), the qualifying city shall: (a) In concert with the county in which the urban growth boundary is located, amend the urban growth boundary to include the pilot project site, and identify the provisions of law and rules pursuant to OAR 660-039-0030 relating to urban growth boundary amendments that are not applied to allow the pilot project site to be included within the urban growth boundary; (b) Annex the pilot project site to the qualifying city within two years of the acknowledged urban growth boundary amendment; (c) Adopt plan and zone designations for the pilot project site that authorize development of the concept plan included in the application; (d) Adopt measures ensuring that affordable housing developed on the pilot project site remains affordable for a period of at least 50 years after the selection of the pilot project site; and (e) Issue permits for development on the pilot project site only after annexation of the site to the qualifying city and adoption of measures ensuring that housing developed on the pilot project site will continue to be used to provide affordable housing for a period of at least 50 years after the selection of the pilot project site. (2) For a post-acknowledgement plan amendment or land use regulation change under OAR chapter 660, division 18 that proposes amendments with any effect upon existing comprehensive plan designations or provisions that impact residential development, or land use regulations that impact residential development, the qualifying city may not, for a period of 50 years after approval of the pilot project by the commission, consider the existence of housing units existing or approved on the pilot project site when making findings regarding the proposed amendment. (3) The qualifying city for the pilot project site selected by the commission may not plan or zone the site to allow a use or mix of uses not authorized by the commission unless the qualifying city, in concert with the county, withdraws the pilot project site from the urban growth boundary and rezones the site pursuant to law, statewide land use planning goals and land use regulations implementing the goals that regulate allowable uses of land outside urban growth boundaries. Statutory/Other Authority: ORS 197.040, OL 2016 & Ch. 52 Statutes/Other Implemented: OL 2016 & Ch. 52 History: LCDD 2-2017, f. 2-24-17, cert. ef. 2-27-17
660-039-0100 Reporting Requirements (1) The qualifying city for a pilot project selected by the commission pursuant to OAR 660-039-0080 shall provide the following information in reports to the commission: (a) Prior to construction of the project, documentation of the land cost for affordable and market portions of project, expected infrastructure costs, permitting costs, systems development charges, affordable housing incentives or subsidies, and expected construction costs; (b) After construction of the project is complete, documentation showing the actual costs of all items indicated in subsection (a). (c) If the project cannot be completed as approved, the contributing factors that prevented completion of the project as approved. (d) On an annual basis once construction of the pilot project has begun, for a period of ten years: (A) The number of affordable housing units on the pilot project site; (B) The number of market rate housing units on the pilot project site; (C) The vacancy rate of the affordable housing units; (D) The vacancy rate of the market rate housing units; (E) The current monthly rent for the affordable housing units, or sales price of the affordable housing units; (F) The current monthly rent for the market rate housing units, or sales price of the market rate housing units; (G) Any affordable housing incentives or subsidies applied to the pilot project site in addition to the incentives provided by the provisions of Oregon Laws 2016, chapter 52; (H) Any housing measures from OAR 660-039-0060(3) that have been adopted or amended by the qualifying city; and (I) A qualitative assessment of the pilot project and lessons learned from implementation of the pilot project, including the burden of reporting requirements and impacts on the city’s overall housing market. Statutory/Other Authority: ORS 197.040, OL 2016 & Ch. 52 Statutes/Other Implemented: OL 2016 & Ch. 52 History: LCDD 2-2017, f. 2-24-17, cert. ef. 2-27-17
660-039-0110 Pendleton Affordable Housing Pilot Project Program Notwithstanding any other provision of this division relating to proposed projects on high-value farmland, the City of Pendleton may propose, and the commission may approve, a project under this division that is located adjacent to the Pendleton Urban Growth Boundary on a tract of land that does not qualify as high-value farmland as defined by ORS 195.300(10), except that land defined as high-value farmland under ORS 195.300(10)(f) shall not be considered high-value farmland for the purpose of this rule. Statutory/Other Authority: ORS 197.040 & OL 2016, Ch. 52 Statutes/Other Implemented: OL 2016, Ch. 52 History: LCDD 5-2025, adopt filed 11/01/2025, effective 11/01/2025
660-040-0005 Public Records Pursuant to ORS 192.318 and 192.324, the Department: (1) May charge the following fees for certification or copying of any public records in the Department’s custody and not otherwise exempt from disclosure: (a) For each certification containing five pages or less — $5; (b) For each page of a certified document in excess of five pages — $0.25/pg; (c) For each page of an uncertified copy — $0.25/pg. (2) In addition to the charges prescribed in section (1) of this rule, an amount, as determined reasonable by the Director, to reimburse the Department for the actual cost of making the records available. (3) Shall make all public records of the Department, not otherwise exempt from disclosure by law, available for inspection and copying during regular business hours of the Department. (4) May condition the time and manner of inspection or copying as necessary under the circumstances to protect the records and to prevent interference with the regular discharge of the duties of the Commission, Department and its employes. (5) Shall post within public view the fee schedule for certification or copying of public records. Statutory/Other Authority: ORS 183, ORS 192 & ORS 197 Statutes/Other Implemented: ORS 192.430 & ORS 192.440 History: LCDD 6-2023, minor correction filed 08/01/2023, effective 08/01/2023 LCD 12-1981, f. & ef. 12-15-81
660-041-0000 Purpose and Applicability (1) The purpose of OAR 660-041-0000 to 660-041-0150 is to implement Chapter 424, Oregon Laws 2007 (2007 Oregon Ballot Measure 49), Chapter 855, Oregon Laws 2009 (2009 House Bill 3225), and Chapter 8, Oregon Laws 2010 (2010 Senate Bill 1049), by establishing procedures for Supplemental Review of Measure 37 Claims. These rules also contain requirements for notice of applications and decisions regarding Measure 37 Permits, and clarify when a DLCD Measure 37 Waiver was required in addition to a waiver from a city or county. Finally, these rules also explain the effect of Measure 49 on DLCD Measure 37 Waivers. (2) OAR 660-041-0010 applies to all Claims, Measure 37 Permits and DLCD Measure 37 Waivers that are subject to OAR 660-041-0020 to 660-041-0160, as well as to the Supplemental Review of Measure 37 Claims under OAR 660-041-0080 to 660-041-0160. (3) OAR 660-041-0020 applies only to Claims that were received by DAS after December 4, 2006 and before December 6, 2007, and that are based on one or more DLCD Regulations and that are not described in section 3 of Chapter 855, Oregon Laws 2009. (4) OAR 660-041-0030 applies to applications for and decisions on a Measure 37 Permit filed or made on or after February 20, 2007. (5) OAR 660-041-0040 to 660-041-0070 apply to all DLCD Measure 37 Waivers. (6) OAR 660-041-0080 to 660-041-0160 apply to the Supplemental Review of a Claim by DLCD. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 8-2010, f. & cert. ef. 8-9-10 LCDD 4-2010(Temp), f. & cert. ef. 5-7-10 thru 10-1-10 LCDD 2-2010, f. & cert. ef. 2-9-10 LCDD 3-2009(Temp), f. & cert. ef. 8-18-09 thru 2-14-10 LCDD 4-2008, f. & cert. ef. 5-23-08 LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08 LCDD 2-2007(Temp), f. & cert. ef. 12-10-07 thru 6-7-08 LCDD 1-2007, f. 2-5-07, cert. ef. 2-9-07 LCDD 10-2006(Temp), f. 12-1-06, cert. ef 12-4-06 thru 6-2-07
660-041-0030 Notice of Applications and Decisions (1) Except for a building permit that is not a "land use decision" under ORS 197.015(11)(b)(B), cities, counties and Metro must provide written notice to DLCD of all applications for a Measure 37 Permit, and all final written decisions on a Measure 37 Permit, filed with or made by the city, county or Metro after February 20, 2007. (2) Notice of an application for a Measure 37 Permit required under section (1) of this rule must be mailed to DLCD's Salem office at least ten (10) calendar days before any deadline for comment on the application for a Measure 37 Permit. If there is no opportunity for comment, then the notice must be sent ten (10) days before the decision becomes final. The notice must include: (a) A copy of the applicable Measure 37 Waiver issued by the city, county, or by Metro; (b) A copy of any notice provided under ORS 197.195, 197.365, 197.615, 197.763, 227.175 or 215.416; (c) The claim number of the Measure 37 Waiver issued by the State of Oregon (if any); (d) The terms of the State's Measure 37 Waiver as applicable criteria in the subject Land Use Application; and, (e) The name of the present owner of the Measure 37 Claim Property. (3) Notice of a final decision on a Measure 37 Permit required under section (1) of this rule must be mailed to DLCD's Salem office within ten (10) calendar days of the date of the final written decision. The notice must include a copy of the final written decision. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 to 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 4-2008, f. & cert. ef. 5-23-08 LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08 LCDD 2-2007(Temp), f. & cert. ef. 12-10-07 thru 6-7-08 LCDD 1-2007, f. 2-5-07, cert. ef. 2-9-07 LCDD 10-2006(Temp), f. 12-1-06, cert. ef 12-4-06 thru 6-2-07
660-041-0040 When a DLCD Measure 37 Waiver Was Required Before a Claimant could lawfully use Measure 37 Claim Property for a use under a Measure 37 Waiver, the Claimant must have obtained a DLCD Measure 37 Waiver for that use of the Measure 37 Claim Property in all cases where that use was restricted by a DLCD Regulation or by a city, county or Metro Land Use Regulation that implements a DLCD Regulation. These cases include, but are not limited to, all cases where the use is a use of land, and the Measure 37 Claim Property includes: (1) Land zoned for farm use under Goal 3; (2) Land zoned for forest use under Goal 4; or (3) Land outside of an acknowledged urban growth boundary where the Claimant's desired use of the Measure 37 Claim Property was an urban use under Goal 14, or that use included the establishment or extension of a sewer or water system restricted under Goal 11. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 4-2008, f. & cert. ef. 5-23-08 LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08 LCDD 2-2007(Temp), f. & cert. ef. 12-10-07 thru 6-7-08 LCDD 1-2007, f. 2-5-07, cert. ef. 2-9-07
660-041-0060 Effect of 2007 Ballot Measure 49 on DLCD Measure 37 Waivers Any authorization for a Claimant to use Measure 37 Claim Property without application of a DLCD Regulation provided by a DLCD Measure 37 Waiver expired on December 6, 2007, as did the effect of any order of DLCD denying a Claim. A Claimant may continue an existing use of Measure 37 Claim Property that was authorized under ORS 197.352 (2005). A Claimant may complete a use of Measure 37 Claim Property that was begun prior to December 6, 2007, only if the Claimant had a common law vested right to complete and continue that use on December 6, 2007, and the use complies with the terms of any applicable DLCD Measure 37 Waiver. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 4-2008, f. & cert. ef. 5-23-08 LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08 LCDD 2-2007(Temp), f. & cert. ef. 12-10-07 thru 6-7-08
660-041-0070 State Agency and Special District Land Use Coordination and DLCD Measure 37 Waivers After December 5, 2007, when a state agency or a special district is required to take an action in a manner that complies with the Statewide Planning Goals and that is compatible with comprehensive plans and land use regulations under ORS 197.180 (for a state agency), or under ORS 195.020 (for a special district), the state agency or special district must not take that action if it involves a use of Measure 37 Claim Property based on a Measure 37 Waiver. After December 5, 2007, any authorization to not apply a Land Use Regulation based on a DLCD Measure 37 Waiver has expired, and a DLCD Measure 37 Waiver may not serve as the basis for a finding required under ORS 197.180 or 195.020. This rule does not apply to a use that was lawfully established or vested based on a DLCD Measure 37 Waiver on December 6, 2007. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 4-2008, f. & cert. ef. 5-23-08 LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08 LCDD 2-2007(Temp), f. & cert. ef. 12-10-07 thru 6-7-08
660-041-0080 Supplemental Information for Supplemental Review of Measure 37 Claims under Measure 49 and Fees under Chapter 855, Oregon Laws 2009 and Chapter 8, Oregon Laws 2010 (1) If the record for the Claim does not include the information needed for DLCD to proceed with the Supplemental Review of the Claim, DLCD will request Supplemental Information from a Claimant or the Claimant’s authorized agent. (2) If the Claim is described in sections 2 through 5a or Section 13 of Chapter 855, Oregon Laws 2009 a Claimant or Claimant’s authorized agent must submit a $175 fee to DLCD. DLCD will request the fee from a Claimant or the Claimant’s authorized agent. (3) If the Claim is described in section 5 or 6 of Chapter 8, Oregon Laws 2010, a Claimant or Claimant’s authorized agent must submit a $2,500 fee to DLCD. If the Claim is divided into more than one claim under OAR 660-041-0150, an additional $2,500 fee is due for each resultant claim. If the Claim is combined with one or more other Claims, only one $2,500 fee is due for the resultant claim. (4) Supplemental Information, and a $175 fee for a Claim described in sections 2 through 5a or section 13 of Chapter 855, Oregon Laws 2009, and a $2,500 fee for a Claim described in section 5 or 6 of Chapter 8, Oregon Laws 2010 must be filed with DLCD within fifty-six (56) days of the date the request is sent, and must be filed in the manner described in OAR 660-041-0100. (5) For good cause shown, DLCD may extend the period for filing Supplemental Information or a $175 fee beyond fifty-six (56) days. DLCD will not extend the period for filing a $2,500 fee or Supplemental Information for a Claim described in section 5 or 6 of Chapter 8, Oregon Laws 2010. (6) If DLCD fails to issue a final order on a Claim described in sections 2 through 5a, or Section 13 of Chapter 855, Oregon Laws 2009 by December 31, 2010, DLCD shall refund any $175 fee submitted for that Claim. (7) If DLCD fails to issue a final order on a Claim described in section 5 or 6 of Chapter 8, Oregon Laws 2010 by June 30, 2011, DLCD shall refund any $2,500 fee submitted for that Claim. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 8-2010, f. & cert. ef. 8-9-10 LCDD 4-2010(Temp), f. & cert. ef. 5-7-10 thru 10-1-10 LCDD 2-2010, f. & cert. ef. 2-9-10 LCDD 3-2009(Temp), f. & cert. ef. 8-18-09 thru 2-14-10 LCDD 4-2008, f. & cert. ef. 5-23-08 LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08
660-041-0100 Submissions to DLCD Regarding Supplemental Review of a Measure 37 Claim under Measure 49 (1) A Claimant may file the form electing how the Claimant wishes to proceed under sections 5 to 11 of Chapter 424, Oregon Laws 2007 (2007 Oregon Ballot Measure 49) only after receiving the notice and form from DLCD. (2) All information filed with DLCD regarding the Supplemental Review of a Claim must be filed at: Supplemental Measure 49 Claim Review 635 Capitol Street NE, Suite 150 Salem, Oregon 97301-2540 (3) Submissions regarding a Supplemental Review shall not be submitted by facsimile or electronically. (4) The date information is filed is the date the information is received by DLCD, or the date it is mailed, provided it is mailed by registered or certified mail and the person filing the information has proof from the post office of such mailing date. If the date of mailing is relied upon as the date of filing, acceptable proof from the post office shall consist of a receipt stamped by the United States Postal Service showing the date mailed and the certified or registered number. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 4-2008, f. & cert. ef. 5-23-08 LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08
660-041-0110 Determining What Was Lawfully Permitted on the Claimant’s Acquisition Date (1) A Claimant lawfully was permitted to establish one or more lots, parcels or dwellings on the Claimant’s acquisition date if DLCD determines that the characteristics of the Measure 37 Claim Property as it existed on that date, including the size, soil quality and location of the Measure 37 Claim Property, would have allowed the Claimant to satisfy the standards and criteria for approval of the lot, parcel or dwelling in effect on that date. (2) Based on the Claimant’s acquisition date, as determined under ORS 195.328, DLCD will apply the following standards and criteria to determine the number of lots, parcels or dwellings that were lawfully permitted; or, for Claims described in section 5 or 6 of Chapter 8, Oregon Laws 2010, to determine whether, in addition to the existing lots, parcels and dwellings contained within the Measure 37 Claim Property, a Claimant was lawfully permitted to establish one dwelling and, unless the property includes a vacant lot or parcel, a lot or parcel for the dwelling: (a) If the Claimant’s acquisition date is prior to January 25, 1975, DLCD will apply the applicable local land use regulations and comprehensive plan provisions, if any, along with any directly-applicable state statutes; (b) If the Claimant’s acquisition date is on or after January 25, 1975 but before the date the county with land use jurisdiction over the Measure 37 Claim Property had its applicable comprehensive plan and land use regulations acknowledged by LCDC for compliance with the Statewide Planning Goals, DLCD will apply the standards set forth in section 2 of Chapter 8, Oregon Laws 2010. (c) If the Claimant’s acquisition date is on or after the date the county with land use jurisdiction over the Measure 37 Claim Property had its applicable comprehensive plan and local land use regulations acknowledged by LCDC for compliance with the Statewide Planning Goals, DLCD will apply the applicable local land use regulations and comprehensive plan provisions along with any directly-applicable state statutes, Statewide Planning Goals, LCDC rules, or the standard set forth in section 4 of Chapter 8, Oregon Laws 2010. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 8-2010, f. & cert. ef. 8-9-10 LCDD 4-2010(Temp), f. & cert. ef. 5-7-10 thru 10-1-10 LCDD 1-2009, f. & cert. ef. 4-2-09 LCDD 4-2008, f. & cert. ef. 5-23-08
660-041-0120 Evaluation of Measure 37 Contiguous Property in Supplemental Review (1) For purposes of the Supplemental Review of a Claim, ownership of contiguous property will be determined and evaluated as of the date the Claimant Elected relief under section 6 or section 7 of Measure 49. (2) Except for Claims described in section 5 or 6 of Chapter 8, Oregon Laws 2010, in determining the relief to which a Claimant is entitled under section 6 or section 7 of Measure 49, the number of home site approvals a Claimant is entitled to will be reduced by the number of existing lots, parcels and dwellings contained within the entire property, which includes both the Measure 37 Claim Property and any contiguous property in the same ownership. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 8-2010, f. & cert. ef. 8-9-10 LCDD 4-2010(Temp), f. & cert. ef. 5-7-10 thru 10-1-10 LCDD 4-2008, f. & cert. ef. 5-23-08
660-041-0130 High-Value Farmland and High-Value Forestland (1) Measure 37 Claim Property is high-value farmland as described in ORS 195.300(10) if: (a) The Measure 37 Claim Property meets the criteria in ORS 195.300(10)(a) or (b), or both ORS 195.300(10)(a) and (b); (b) All of the Measure 37 Claim Property meets the criteria in ORS 195.300(10)(c); (c) The Measure 37 Claim Property is greater than five acres in size and all of the Measure 37 Claim Property is planted in wine grapes, as provided by ORS 195.300(10)(d); or (d) All of the Measure 37 Claim Property meets the criteria in ORS 195.300(10)(e) or (f), or both ORS 195.300(10)(e) and (f). (2) Measure 37 Claim Property is high-value forestland if it meets the criteria in ORS 195.300(11). (3) To determine the cubic foot potential of Measure 37 Claim Property and whether it is high-value forestland as described in ORS 195.300(11), DLCD will use soil survey information from the U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS), unless other information or data are made a part of the record for the Supplemental Review, in which case DLCD will consider such information or data along with any pertinent NRCS information. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 4-2008, f. & cert. ef. 5-23-08
660-041-0140 Groundwater Restricted Areas Measure 37 Claim Property is in a Ground Water Restricted Area if the Measure 37 Claim Property is located entirely within the boundaries of a Ground Water Limited Area or Critical Ground Water Area, or both. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 4-2008, f. & cert. ef. 5-23-08
660-041-0150 Combining and Dividing Claims To evaluate the relief, if any, to which each Claimant is entitled under section 6 or section 7 of Measure 49, DLCD will divide a single Claim into two or more claims if the Measure 37 Claim Property contains multiple lots or parcels that are not in the same ownership. In addition, DLCD will combine multiple Claims into one claim if the Measure 37 Claim Property contains multiple contiguous lots or parcels that are in the same ownership. Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424 History: LCDD 4-2008, f. & cert. ef. 5-23-08