justicedao/ipfs_state_laws huggingface dataset:
660-027-0050 Factors for Designation of Lands as Urban Reserves Urban Reserve Factors: When identifying and selecting lands for designation as urban reserves under this division, Metro shall base its decision on consideration of whether land proposed for designation as urban reserves, alone or in conjunction with land inside the UGB: (1) Can be developed at urban densities in a way that makes efficient use of existing and future public and private infrastructure investments; (2) Includes sufficient development capacity to support a healthy economy; (3) Can be efficiently and cost-effectively served with public schools and other urban-level public facilities and services by appropriate and financially capable service providers; (4) Can be designed to be walkable and served with a well-connected system of streets, bikeways, recreation trails and public transit by appropriate service providers; (5) Can be designed to preserve and enhance natural ecological systems; (6) Includes sufficient land suitable for a range of needed housing types; (7) Can be developed in a way that preserves important natural landscape features included in urban reserves; and (8) Can be designed to avoid or minimize adverse effects on farm and forest practices, and adverse effects on important natural landscape features, on nearby land including land designated as rural reserves. Statutory/Other Authority: ORS 195.141 & 197.040 Statutes/Other Implemented: ORS 195.137 - 195.145 History: LCDD 1-2008, f. & cert. ef. 2-13-08
660-027-0080 Local Adoption and Commission Review of Urban and Rural Reserves (1) Metro and county adoption or amendment of plans, policies and other implementing measures to designate urban and rural reserves shall be in accordance with the applicable procedures and requirements of ORS 197.610 to 197.650. (2) After designation of urban and rural reserves, Metro and applicable counties shall jointly and concurrently submit their adopted or amended plans, policies and land use regulations implementing the designations to the Commission for review and action in the manner provided for periodic review under ORS 197.628 to 197.650. (3) Metro and applicable counties shall: (a) Transmit the intergovernmental agreements and the submittal described in section (2) in one or more suitable binders showing on the outside a title indicating the nature of the submittal and identifying the submitting jurisdictions. (b) Prepare and include an index of the contents of the submittal. Each document comprising the submittal shall be separately indexed; and (c) Consecutively number pages of the submittal at the bottom of the page, commencing with the first page of the submittal. (4) The joint and concurrent submittal to the Commission shall include findings of fact and conclusions of law that demonstrate that the adopted or amended plans, policies and other implementing measures to designate urban and rural reserves comply with this division, the applicable statewide planning goals, and other applicable administrative rules. The Commission shall review the submittal for: (a) Compliance with the applicable statewide planning goals. Under ORS 197.747 “compliance with the goals” means the submittal on the whole conforms with the purposes of the goals and any failure to meet individual goal requirements is technical or minor in nature. To determine compliance with the Goal 2 requirement for an adequate factual base, the Commission shall consider whether the submittal is supported by substantial evidence. Under ORS 183.482(8)(c), substantial evidence exists to support a finding of fact when the record, viewed as a whole, would permit a reasonable person to make that finding; (b) Compliance with applicable administrative rules, including but not limited to the objective provided in OAR 660-027-0005(2) and the urban and rural reserve designation standards provided in OAR 660-027-0040; and (c) Consideration of the factors in OAR 660-027-0050 or 660-027-0060, whichever are applicable. Statutory/Other Authority: ORS 195.141 & 197.040. Statutes/Other Implemented: ORS 195.137 - 195.145 History: LCDD 1-2008, f. & cert. ef. 2-13-08
660-028-0010 Definitions For purposes of this division, the definitions contained in ORS 197.015 and the Statewide Land Use Planning Goals (OAR chapter 660, division 15) apply. In addition, the following definitions apply: (1) “Conservation easement” has the meaning provided in ORS 271.715. (2) “Local Government” means a city, county, metropolitan service district or state agency as defined in ORS 171.133. (3) “Receiving area” means a designated area of land to which a holder of development rights generated from a sending area may transfer the development rights, and in which additional residential or other uses or development, not otherwise allowed, are allowed by reason of the transfer. (4) “Sending area” means a designated area of resource land from which development rights generated from forgone development are transferable, for residential uses or development not otherwise allowed, to a receiving area. (5) “Transferable development right or TDR” means a severable residential development interest in real property that can be transferred from a lot, parcel or tract in a sending area to a lot, parcel or tract in a receiving area. This term has the same meaning as “transferable development credit” under Oregon Laws 2009, chapter 504, section 2(10). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: 2009 OL Ch 636 & § 6 History: LCDD 6-2012, f. & cert. ef. 2-14-12 LCDD 1-2010, f. & cert. ef. 1-28-10
660-029-0000 Purpose In 2007, Oregon voters approved Measure 49 (M49), which authorized certain property owners to develop additional home sites. M49 also authorized counties to establish a system for the purchase and sale of severable development interests (known as transferable development credits or TDCs) for the purpose of allowing development to occur in a location that is different from the location in which the M49 development interest arises (Oregon Laws 2007, chapter 424, subsection 11(8) and ORS 94.531). The purpose of this division is to provide a framework for counties to adopt local ordinances to establish these systems. These systems may enable landowners to realize the value of their M49 authorizations without developing the property from which the claims arose. These systems may allow landowners, on a voluntary basis, to transfer their development interests under M49 from one property to another property at a more suitable location, reducing the adverse impact of scattered M49 residential development on farm, forest and other resource land. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-029-0010 Definitions For purposes of this division, the definitions contained in ORS 197.015 and the Statewide Land Use Planning Goals (OAR chapter 660, division 15) apply. In addition, the following definitions apply: (1) “Conservation easement” has the meaning provided in ORS 271.715. (2) “Measure 49” or “M49” means Oregon Laws 2007, chapter 424 (Ballot Measure 49); Oregon Laws 2009, chapter 855 (also known as House Bill 3225); Oregon Laws 2010, chapter 8 (also known as Senate Bill 1049); Oregon Laws 2011, chapter 612 (also known as House Bill 3620) and OAR 660-041-0000 to 660-041-0180. (3) “Measure 49 Property” or “M49 property” means the entire property authorized for home site development as described either: (a) In the final order issued by the Department of Land Conservation and Development (department) for the supplemental review of Measure 37 claims pursuant to Measure 49; or (b) In a court order issued upon judicial review of a department M49 order described in subsection (a). (4) “Receiving area” means a county-designated area of land to which a holder of development credits generated from a sending property may transfer the development credits and within which additional residential uses not otherwise allowed are allowed by reason of the transfer. (5) “Sending property” means a M49 property that qualifies under OAR 660-029-0030, from which development credits generated from forgone M49 home site development are transferable, for residential uses not otherwise allowed, to a receiving area. (6) “Substantially developed subdivision” means a legal subdivision created prior to acknowledgment of the county comprehensive plan under ORS 197.251 in which more than 50 percent of the lots are developed with a dwelling and at least 50 percent of the undeveloped lots are adjacent to a developed lot. (7) “Transferable development credit” or “TDC” means a severable development interest in real property that can be transferred from a sending property to a lot, parcel or tract in a receiving area. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336 & 197.015; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-029-0020 County Authority to Establish a M49 TDC System Counties may establish a system, consistent with this division, to allow for the creation and transfer of TDCs from M49 properties. Counties that choose to adopt a M49 TDC system shall: (1) Adopt a local ordinance that meets the requirements of this division; and (2) Amend the comprehensive plan and implementing ordinances to: (a) Designate M49 properties that are eligible sending properties as provided in OAR 660-029-0030; (b) Establish bonus credits, if any, that will apply to certain sending properties as provided in OAR 660-029-0040; (c) Designate receiving areas or create a process for property owners to apply for designation of lands as receiving areas, as provided in OAR 660-029-0080; (d) Adopt any applicable overlay zones or other measures necessary to implement the TDC system; and (e) Determine whether the TDC system will provide for transfer to other counties in the region, as provided in OAR 660-029-0100. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-029-0030 Sending Properties (1) A county may only designate sending properties consisting of M49 properties: (a) For which new dwellings have been authorized by a M49 final determination; (b) That have lawful access; and (c) That are located: (A) Within a zone or overlay zone adopted pursuant to Goals 3, 4, 15, 16, 17 or 18; (B) Within a zone or overlay zone explicitly adopted for conservation or preservation of natural areas pursuant to Goals 5 or 8; or (C) In an area identified in OAR 660-029-0040(3)(b) through (e). (2) Sending properties exclusions: Notwithstanding section (1), a county may designate areas or types of M49 properties that are not eligible as sending properties because the M49 property is not buildable or for other reasons. If a county excludes some M49 properties, it shall either: (a) Include mapping of such excluded lands in the ordinance establishing the TDC system; or (b) Adopt clear and objective standards in the ordinance for case-by-case determinations of sending area exclusions through a ministerial review. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-029-0050 Process for Creating Transferable Development Credits (1) An applicant may apply to a county that has established a M49 TDC system under OAR 660-029-0020 to convert dwelling authorizations under M49 into TDCs. The county shall evaluate the application based on the locally-adopted M49 TDC ordinance and this division to determine whether the dwelling authorizations under M49 are eligible for conversion to TDCs, and how many credits will be created, including any bonus credits. (2) When a county preliminarily approves an application, the county will: (a) Send notice to the department, including the application, the preliminary approval, any proposed restrictive covenant and any proposed conservation easement; and (b) Request an Amended Final Order and TDC certificates from the department. (3) The department will review the county request and determine its consistency with this division. If consistent, the department will: (a) Issue an Amended Final Order documenting the number of dwelling authorizations under M49 that have been converted to TDCs and the number that remain; and (b) Issue the applicable number of TDC certificates to the county. (4) If an applicant applies to convert dwelling authorizations under M49 to TDCs from a property that has already been divided pursuant to M49, then the partition or subdivision must be vacated by the county prior to final approval. (5) If an applicant receives preliminary approval for bonus credits under OAR 660-029-0040, the applicant must convey a conservation easement or place a restrictive covenant on the property that meets the requirements of OAR 660-029-0060, record it with the county clerk and provide a copy to the county, prior to final approval. (6) The Amended Final Order must be recorded in the deed records of the county. (7) When all of the requirements of this rule have been met, the county shall give final approval, issue the TDC certificates to the applicant and provide the complete record of the decision to the department. (8) The county will keep a permanent record of amended final orders, vacations, restrictive covenants and conservation easements that apply to M49 sending properties to ensure that unauthorized development does not occur. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-029-0060 Protection of Sending Properties (1) To qualify for bonus credits under OAR 660-029-0040, the M49 property must be permanently restricted from future development or land division for any purpose other than: (a) Farm use as defined in ORS 215.203; (b) Agricultural buildings as defined in ORS 455.315; (c) Replacement dwellings as provided in OAR 660-033-0130(8) and 660-006-0025(3)(p); (d) Farm stands as provided in OAR 660-033-0130(23); (e) Forest operations as defined in OAR 660-006-0005; (f) Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources; (g) Conservation areas or natural resource uses that do not require a land use decision; and (h) Home occupations as provided in OAR 660-033-0120, 660-006-0025(4)(s) and local regulations. (2) If the M49 property is fewer than 20 acres, then the restriction required by section (1) may be accomplished by either a restrictive covenant or a conservation easement. (3) If the M49 property is 20 acres or more, then the restriction required in section (1) must be accomplished by a conservation easement conveyed to a willing holder identified in ORS 271.715(3). Exception: The restriction required by section (1) on a M49 property 20 acres or more may be accomplished with a restrictive covenant if the county provides notice to the department 60 days prior to final approval, and no eligible holder has been found to accept a conservation easement. (4) A restrictive covenant must: (a) Be reviewed by the department for compliance with this rule as provided in OAR 660-029-0050; (b) Authorize the county and the department to independently enforce the restrictive covenant; (c) Be accompanied by a title search and a legal description of the property sufficient to determine all owners of the property and all lienholders; and (d) Be recorded in the deed records for the county in which the M49 property is located. (5) A conservation easement must: (a) Be reviewed by the department for compliance with this rule as provided in OAR 660-029-0050; (b) Authorize the department to independently enforce the conservation easement; (c) Be accompanied by a title search and a legal description of the property sufficient to determine all owners of the property and all lienholders; and (d) Be recorded in the deed records for the county in which the M49 property is located. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-029-0070 Conveyance of TDC Ownership (1) Prior to conveying ownership of a TDC, the owner of the TDC must submit notice of the conveyance to the department, using an online form provided by the department. (2) On receipt of a notice of conveyance, the department shall acquire verification of the conveyance from the previous owner. (3) Conveyance of a TDC is a conveyance for the purposes of Oregon Laws 2007, chapter 424, subsection 11(6),. Upon transfer of the TDC to a person other than the spouse of the owner who obtained the authorization or the trustee of a revocable trust in which the owner who obtained the authorization is the settlor, the person receiving the TDC must use the TDC within 10 years of the conveyance. If the M49 property was conveyed prior to creation of the TDCs, the owner must use the TDCs within 10 years of the first conveyance. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-029-0090 Process for Using Transferable Development Credits (1) A person who proposes to use TDCs within a receiving area shall submit an application to the county accompanied by TDC certificates sufficient to permit the proposed development. (2) If TDCs are used in a rural residential receiving area under the provisions of OAR 660-029-0080(1), then the lot or parcel may be divided to site the additional dwelling or dwellings. The lots or parcels resulting from the division must have sufficient area within the receiving area for the dwelling and all supporting infrastructure. New lots or parcels may be as small as five acres in all cases. New lots or parcels may be smaller than five acres if the proposed size is equal to or greater than the average size of lots and parcels within exception areas within one-half mile of the edge of the subject property. The new lots or parcels may not be smaller than two acres in any case. (3) If an applicant proposes to use a TDC on a lot or parcel that is partially within the receiving area and partially outside of the receiving area, then the dwelling and all supporting infrastructure authorized by the TDC must be located entirely within the receiving area. (4) The county shall evaluate the application based on the locally-adopted TDC ordinance and the provisions of this division in order to determine the type and number of credits that are required to be submitted. Based on this evaluation, the county may preliminarily approve the application and shall request verification from the department of the type and number of credits that belong to the applicant, using an online form provided by the department. (5) The department shall verify the type and number of credits that belong to the applicant. (6) Following department verification, the county may approve the application and shall notify the department within 30 days of any approval. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-029-0100 Interjurisdictional Transfer of Development Credits (1) Counties may enter into cooperative agreements under ORS chapter 195 to establish a system for the transfer of TDCs between the counties that are parties to the agreement, subject to the limitations in section (2). (2) TDCs may only be transferred within the regions described below: (a) Metro, including Clackamas, Multnomah and Washington counties. (b) Willamette Valley, including Benton, Linn, Marion, Polk and Yamhill counties, and that portion of Lane County outside of the Coastal Zone defined in OAR 660-035-0010(1). (c) Coastal, including Clatsop, Columbia, Coos, Curry, Lincoln and Tillamook counties and those portions of Douglas and Lane counties in the Coastal Zone defined in OAR 660-035-0010(1). (d) Southern, including Jackson and Josephine counties, and that portion of Douglas County outside the Coastal Zone defined in OAR 660-035-0010(1). (e) Central, including Crook, Deschutes, Hood River, Jefferson, Klamath and Wasco counties. (f) Eastern, including Baker, Gilliam, Grant, Harney, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa and Wheeler counties. (3) Interjurisdictional TDC programs that involve two types of credits may authorize the transfer of credits to another jurisdiction within the same region, in accordance with this rule and the provisions of OAR 660-029-0040(5) and (6). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-029-0110 TDC Bank Option A county or regional or state agency may establish a TDC bank to facilitate: (1) Buying TDCs from M49 sending properties; (2) Selling TDCs for potential use in receiving areas; (3) Managing funds available for the purchase and sale of TDCs; (4) Serving as a clearinghouse and information source for buyers and sellers of TDCs; and (5) Accepting donations of TDCs from M49 sending properties. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-029-0120 Amending or Abolishing a TDC System If a county amends or abolishes a TDC system, the county shall notify the owners of all TDCs that have not been used. The county must allow at least 12 months for an owner of TDCs to use them under the prior system. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.300-195.336; 2007 OL & ch. 424 History: LCDD 3-2015, f. & cert. ef. 4-27-15
660-030-0000 Purpose The purpose of this division is to respond to the legislative findings and policy in ORS 197.005 and 197.010. This division implements provisions in Statewide Planning Goal 2, ORS 197.040(2)(e), 197.090(1)(b) and 197.180 and explains the relationship between OAR chapter 660, divisions 30 and 31. The purpose of Commission certification of agency coordination programs is to assure that state agency rules and programs which affect land use comply with the statewide goals and are compatible with acknowledged city and county comprehensive plans. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.180 History: LCDC 5-1986, f. & ef. 12-24-86 LCDC 6-1982, f. & ef. 7-22-82 LCDC 1-1982(Temp), f. & ef. 4-20-82 LCD 14, f. & ef. 12-15-77
660-030-0045 Submittal of Agency Coordination Programs (1) Upon a request by the Commission pursuant to a schedule developed by the Director, each state agency shall submit a coordination program to the Department. The agency shall provide the Department with seven copies of its coordination program unless the agency and the Director mutually agree to a different number of copies. Copies of the program shall be available for public review during regular business hours at the Department’s Salem office and the central office of the submitting agency. Copies shall also be available during scheduled business hours at the Department’s field offices and any regional offices of the submitting agency. (2) Upon receipt of an agency coordination program, the Director shall review the submittal to determine whether the agency’s request contains the information and documents required by OAR 660-030-0060. (3) If the submittal is not complete, the Director shall, in writing, request any additional documents or information needed to make the submittal complete. (4) The 90-day review period in ORS 197.180(3) shall commence upon notification in writing by the Director that the agency’s submittal is complete. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 & 197.180 History: LCDC 5-1986, f. & ef. 12-24-86