justicedao/ipfs_state_laws huggingface dataset:
660-041-0160 Appraisals Under Section 7 of Measure 49 (1) A Claimant seeking relief under section 7 of Measure 49 must provide an appraisal for the Measure 37 Claim Property showing the fair market value one year before the enactment of the Land Use Regulation(s) that are the basis for the Claim, and the fair market value one year after the enactment of the Land Use Regulation(s). (2) The appraisal provided under this rule must also show the present fair market value of each lot, parcel or dwelling that the Claimant is seeking under section 7(2) of Measure 49. The appraisal must comply with all provisions of section 7(7) of Measure 49. (3) For the Claimant to obtain relief under section 7, the appraisal must show that the enactment of one or more Land Use Regulations that are the basis of the Claim, other than land use regulations described in ORS 197.352(3) (2005), caused a reduction in the fair market value of the Measure 37 Claim Property that is equal to or greater than the fair market value of the home site approvals that may be established on the property under section 7(2) of Measure 49. The reduction in fair market value of the Measure 37 Claim Property must be measured as set forth in section 7(6) of Measure 49. 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
660-041-0170 Notice of County Applications and Decisions Under Measure 49 (1) The county with land use jurisdiction over property for which a Measure 49 Authorization has been issued must provide written notice to DLCD of any land use application that seeks approval of one or more home sites or of a dwelling, and lot or parcel when applicable, for Claims described in section 5 or 6 of Chapter 8, Oregon Laws 2010 under the Measure 49 Authorization,; and of all final written decisions on home site approvals or on a dwelling, and lot or parcel when applicable, for Claims described in section 5 or 6 of Chapter 8, Oregon Laws 2010 that are based on a Measure 49 Authorization. (2) Notice of an land use application for home site approval(s) or for a dwelling, and lot or parcel when applicable, for Claims described in section 5 or 6 of Chapter 8, Oregon Laws 2010 under a Measure 49 Authorization, 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. 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 any notice provided under ORS 197.195, 197.365, 197.615, 197.763, 227.175 or 215.416; (b) The claim number of the Measure 49 Authorization issued by the State of Oregon; and (c) The name of the present owner of the Measure 49 Claim Property. Statutory/Other Authority: ORS 197.040 & 197.065 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
660-041-0500 Purpose and Applicability The purpose of OAR 660-041-0500 to 660-041-0530 is to clarify and implement ORS 195.300 to 195.336 (2007 Oregon Ballot Measure 49) in terms of the requirements and procedures for filing and reviewing Measure 49 Claims. These rules apply to Measure 49 Claims filed with the State of Oregon. Statutory/Other Authority: ORS 195.300 - 195.336, 197.040 & 197.065 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065 & 197.353 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
660-041-0510 Definitions The following definitions apply to OAR 660-041-0500 to 660-041-0530: (1) “Agency” has the meaning provided by ORS 183.310. (2) “Claimant” means an Owner who filed a Measure 49 Claim. (3) “DLCD” means the Department of Land Conservation and Development. (4) “DLCD Regulation” has the meaning provided by ORS 195.300(14)(a)–(b) and 195.300(14)(g). (5) “Farming Practice” has the meaning provided by ORS 195.300(5). (6) “File” or “Filed” has the meaning provided by ORS 195.300(7). The date a document is Filed is the date that it is received by the Public Entity. (7) “Forest Practice” has the meaning provided by ORS 195.300(8). (8) “Land Use Regulation” has the meaning provided by ORS 195.300(14). A "New Land Use Regulation" means a Land Use Regulation that was enacted by the State of Oregon or adopted by an Agency on or after January 1, 2007. (9) “Lot” means a single unit of land that is created by a subdivision of land as defined in ORS 92.010. (10) “Measure 49 Claim” means: (a) A claim Filed with the State of Oregon under ORS 195.300 to 195.336 after December 5, 2007; and (b) A claim Filed with the State of Oregon under ORS 197.352 (2005) that was Filed between June 29, 2007 and December 5, 2007 if no corresponding claim was filed for the Property with the city or county with land use jurisdiction over the Property prior to June 29, 2007. (11) “Owner” has the meaning provided by ORS 195.300(16). (12) “Parcel” means a single unit of land that is created by a partitioning of land as defined in ORS 92.010 and 215.010. (13) “Property” has the meaning provided by ORS 195.300(17). (14) “Regulating Entity” means an Agency that has enacted, or has authority to remove, modify or not apply, the Land Use Regulation(s) identified in the Measure 49 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 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
660-041-0530 Coordinating with Other Regulating Entities (1) If the Measure 49 Claim is based, in whole or in part, on a New Land Use Regulation that was enacted by an Agency other than DLCD, or the New Land Use Regulation is a state statute that is administered by an Agency other than DLCD, DLCD will forward the Claim to that Agency. (2) When a Measure 49 Claim is based, in whole or in part, on a New Land Use Regulation for which there is no Regulating Entity, DLCD will forward the Claim to the Department of Administrative Services. (3) When a Regulating Entity other than DLCD is wholly responsible for a Measure 49 Claim, that Regulating Entity will process the Claim using the procedures set forth in OAR 660-041-0520 unless that Regulating Entity has adopted its own procedures for review. (4) When a Regulating Entity other than DLCD is partially responsible for a Measure 49 Claim, DLCD will coordinate the review of the Claim under the procedures set forth in OAR 660-041-0520. However, the other Regulating Entity will decide whether the Claimant is entitled to relief with respect to the New Land Use Regulations that it enacted or that it administers as provided in ORS 195.300 to 195.336 and if so what form of relief to grant under ORS 195.310(5) with respect to those regulations. (5) DLCD will issue the final order itself or jointly with one or more other Regulating Entities. Statutory/Other Authority: ORS 195.300 - 195.336, 197.040 & 197.065 Statutes/Other Implemented: ORS 195.300 - 195.336, 197.015, 197.040, 197.065 & 197.353 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
660-044-0000 Purpose (1) This division implements Oregon Land Use Planning Goal 12 (Transportation) and the state goal in ORS 468A.205 to reduce greenhouse gas emissions. The purpose of this division is to significantly, and as rapidly as possible, reduce climate pollutants that are causing climate disruption. (2) Cities, counties, metropolitan planning organizations, and the Metropolitan Service District serving the Portland metro area (Metro) are encouraged to take actions beyond the minimum requirements of this division to rapidly make large reductions in pollution. (3) This division requires cities, counties, and Metro to change transportation and land use plans to significantly reduce pollution from light vehicles. This division places specific requirements on Metro in recognition of its unique status in Oregon. This division also requires cities and counties within other metropolitan regions to work together to prepare a preferred land use and transportation scenario that describes a future set of desired transportation facilities, alternative future land use patterns, and policies that will reduce greenhouse gas pollution from light vehicles. This division requires the cities and counties within a metropolitan area to prepare a transportation and land use scenario plan that defines and implements a preferred scenario, identifies performance measures for tracking progress, and works to not only avoid or mitigate any impacts to underserved populations, but to improve outcomes for these communities over time. (4) This division aims to reduce inequities for underserved populations. The land use and transportation scenario planning process and the local implementation process must prioritize underserved populations so that the actions that reduce pollution also reduce the historic inequities from prior transportation and land use development. Statutory/Other Authority: ORS 197.040, Ch 865 OL 2009 (HB 2001) § 37(6) and (8) & Ch 85 OL 2010 Special Session (SB 1059) § 5 Statutes/Other Implemented: Ch 865 OL 2009 (HB 2001) § 37(6) and (8) & Ch 85 OL 2010 Special Session (SB 1059) § 5 History: LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022 LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17 LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13 LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
660-044-0020 Greenhouse Gas Emissions Reduction Target for the Portland Metropolitan Area (1) Metro shall use the greenhouse gas emissions reduction targets in this rule as it develops, reviews, and updates a land use and transportation scenario that accommodates planned population and employment growth while achieving a reduction in greenhouse gas emissions from light vehicle travel in the metropolitan area as required by OAR 660-044-0040 through 660-044-0060. (2) This rule only applies to the Portland metropolitan area. (3) The greenhouse gas emissions reduction target is a 20 percent reduction in the year 2035. (4) Targets for the year 2040 and beyond are: (a) By 2040, a 25 percent reduction. (b) By 2041, a 26 percent reduction. (c) By 2042, a 27 percent reduction. (d) By 2043, a 28 percent reduction. (e) By 2044, a 29 percent reduction. (f) By 2045, a 30 percent reduction. (g) By 2046, a 31 percent reduction. (h) By 2047, a 32 percent reduction. (i) By 2048, a 33 percent reduction. (j) By 2049, a 34 percent reduction. (k) By 2050 and beyond, a 35 percent reduction. Statutory/Other Authority: ORS 197.040, Ch. 865 OL 2009 (HB 2001) §37(6) & Ch. 85 OL 2010 Special Session (SB 1059) §5 Statutes/Other Implemented: Ch. 865 OL 2009 (HBl 2001) §37(6) & Ch. 85 OL 2010 Special Session (SBl 1059) §5 History: LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022 LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17 LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
660-044-0025 Greenhouse Gas Emissions Reduction Targets for Other Metropolitan Areas (1) Purpose and effect of targets: Local governments in metropolitan planning areas not covered by OAR 660-044-0020 shall use the targets set forth in section (2) of this rule as they conduct land use and transportation planning to reduce greenhouse gas emissions. (2) Targets for the year 2040 and beyond are: (a) By 2040 or earlier, a 20 percent reduction. (b) By 2041, a 21 percent reduction. (c) By 2042, a 22 percent reduction. (d) By 2043, a 23 percent reduction. (e) By 2044, a 24 percent reduction. (f) By 2045, a 25 percent reduction. (g) By 2046, a 26 percent reduction. (h) By 2047, a 27 percent reduction. (i) By 2048, a 28 percent reduction. (j) By 2049, a 29 percent reduction. (k) By 2050 and beyond, a 30 percent reduction. Statutory/Other Authority: ORS 197.040, Ch. 865 OL 2009 (HB 2001) § 37(6) & Ch. 85 OL 2010 Special Session (SB 1059) § 5 Statutes/Other Implemented: Ch. 865 OL 2009 (HBl 2001) § 37(6) & Ch. 85 OL 2010 Special Session (SBl 1059) § 5 History: LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022 LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17 LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
660-044-0030 Methods for Estimating Greenhouse Gas Emissions and Emissions Reductions (1) Applicability: When local governments within a metropolitan area are conducting land use and transportation planning to demonstrate that their plans would meet the greenhouse gas emissions reductions targets established in this division, then they shall use the provisions and options in this rule to project future emissions. (2) Vehicle Miles Traveled: The greenhouse gas emissions reduction targets as provided in OAR 660-044-0020 and 660-044-0025 are the ratio of future year to base year vehicle miles traveled per capita after controlling for the effects of state and federal policies and other conditions on vehicles, fuels, and pricing. (3) Projected Emission Rates: Projections of greenhouse gas emissions must use emission rates based on the Statewide Transportation Strategy as adopted by the Oregon Transportation Commission that reflect the reductions likely to result by the use of improved vehicle technologies and fuels. Metropolitan area greenhouse gas target modeling efforts must rely on emission rates agreed to by the Oregon Department of Transportation and the department to ensure this compliance. (4) Actions in the Statewide Transportation Strategy as adopted by the Oregon Transportation Commission: Projections of greenhouse gas emissions may assume state actions specified in subsection (a) and may use the flexibility for local and regional actions described in subsection (b). (a) State Actions: Projections of greenhouse gas emissions may include reductions projected to result from state actions, programs, and associated interactions up to, but not exceeding, the levels identified in the Statewide Transportation Strategy. (b) Local and Regional Actions: Projections of greenhouse gas emissions may include local or regional actions similar to actions in the Statewide Transportation Strategy if the local or regional governments have authority to adopt plans or policies that would implement the actions. Local governments may use projections of greenhouse gas emissions that are lower than the rates based on the Statewide Transportation Strategy if local or regional programs or actions can be demonstrated to result in changes to vehicle fleet, technologies, or fuels above and beyond the assumption in the Statewide Transportation Strategy, or agreed to by the Oregon Department of Transportation and the department. One example would be a program to add public charging stations that is estimated to result in use of hybrid or electric vehicles greater than the statewide assumption in the Statewide Transportation Strategy. Statutory/Other Authority: ORS 197.040, Ch. 865 OL 2009 (HB 2001) § 37(6) & Ch. 85 OL 2010 Special Session (SB 1059) § 5 Statutes/Other Implemented: Ch. 865 OL 2009 (HBl 2001) § 37(6) & Ch. 85 OL 2010 Special Session (SBl 1059) § 5 History: LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022 LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17 LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
660-044-0035 Review and Evaluation of Greenhouse Gas Reduction Targets (1) The commission shall by June 1, 2021, and at four-year intervals thereafter, conduct a review of the greenhouse gas emissions reduction targets in OAR 660-044-0020 and 660-044-0025. (2) The review by the commission shall evaluate whether revisions to the targets established in this division are warranted considering the following factors: (a) Results of land use and transportation scenario planning conducted within metropolitan planning areas to reduce greenhouse gas emissions from light vehicles; (b) New or revised federal and state laws or programs established to reduce greenhouse gas emissions from light vehicles; (c) State plans or policies establishing or allocating greenhouse gas emissions reduction goals to specific sectors or subsectors; (d) Policies and recommendations in the Statewide Transportation Strategy adopted by the Oregon Transportation Commission; (e) Additional studies or analysis conducted by the Oregon Department of Transportation, the Department of Environmental Quality, the Oregon Department of Energy or other agencies regarding greenhouse gas emissions from light vehicle travel, including but not limited to changes to vehicle technologies, fuels and the vehicle fleet; (f) Changes in population growth rates, metropolitan planning area boundaries, land use or development patterns in metropolitan planning areas that affect light vehicle travel; (g) Efforts by local governments in metropolitan areas to reduce greenhouse gas emissions from all sources; (h) Input from affected local and regional governments and metropolitan planning organizations; (i) Land use feasibility and economic studies regarding land use densities; and (j) State funding and support for scenario planning and public engagement. (3) The department shall, in consultation and collaboration with affected local governments, metropolitan planning organizations and other state agencies, prepare a report addressing factors listed in section (2) of this rule to aid the commission in determining whether revisions to targets established in this division are warranted. Statutory/Other Authority: ORS 197.040, Ch. 865 OL 2009 (HB 2001) § 37(6) & Ch. 85 OL 2010 Special Session (SB 1059) § 5 Statutes/Other Implemented: Ch. 865 OL 2009 (HBl 2001) § 37(6) & Ch. 85 OL 2010 Special Session (SBl 1059) § 5 History: LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022 LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17 LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
660-044-0050 Commission Review of Regional Plans (1) The commission shall review Metro’s framework plan amendments adopting or amending a preferred land use and transportation scenario and amendments to functional plans to implement the framework plan amendments in the manner provided for periodic review under ORS 197.628 to 197.650. (2) The commission’s review of framework plan amendments adopting a preferred land use and transportation scenario shall determine whether the preferred scenario can reasonably be expected to achieve greenhouse gas emission reductions as set forth in the targets in OAR 660-044-0020, other requirements of this division, and any applicable statewide planning goals. (3) The commission’s review of amendments to functional plans shall determine whether the adopted functional plans are consistent with and adequate to carry out relevant portions of the framework plan amendments. (4) The commission may conduct review of Metro’s framework plan amendments adopting a preferred scenario in conjunction with review of an urban growth boundary amendment or an update to the regional transportation system plan. Statutory/Other Authority: ORS 197.040, ORS 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001) Statutes/Other Implemented: ORS 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001) History: LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022 LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13
660-044-0055 Adoption of Local Plans to Implement the Preferred Scenario (1) Local governments shall amend comprehensive plans, land use regulations, and transportation system plans to be consistent with and implement relevant portions of the preferred land use and transportation scenario as set forth in Metro’s functional plans or amendments. “Consistent” for the purpose of this section means city and county comprehensive plans and implementing ordinances, on the whole, conforms with the purposes of the performance standards in the functional plan and any failure to meet individual performance standard requirements is technical or minor in nature. (2) Beginning one year from Metro’s adoption or amendment of the preferred scenario, local governments in the Portland metropolitan area shall, in updating or adopting an amendment to a comprehensive plan or transportation system plan, demonstrate that the proposed update or amendment is consistent with the preferred land use and transportation scenario. Statutory/Other Authority: ORS 197.040, ORS 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001) Statutes/Other Implemented: ORS 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001) History: LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022 LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13
660-044-0060 Monitoring (1) Metro shall prepare a report monitoring progress in implementing the preferred scenario including status of performance measures and performance targets adopted as part of the preferred scenario as part of regular updates to the Regional Transportation Plan and preparation of Urban Growth Reports. (2) Metro’s report shall assess whether the region is making satisfactory progress in implementing the preferred scenario; identify reasons for lack of progress, and identify possible corrective actions to make satisfactory progress. Metro may update and revise the preferred scenario as necessary to ensure that performance targets are being met. (3) The commission shall review the report and shall either find Metro is making satisfactory progress or provide recommendations for corrective actions to be considered or implemented by Metro prior to or as part of the next update of the preferred scenario. Statutory/Other Authority: ORS 197.040, ORS 197.301, ORS 197.274(2) & 2009 OL Ch. 865 § 37(8) (HB 2001) Statutes/Other Implemented: ORS 197.301 & 2009 OL Ch. 865 § 37(8) (HB 2001) History: LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022 LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17 LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13