660-029-0040 Calculation and Types of Transferable Development Credits When an applicant submits an application to a county under OAR 660-029-0050, the county shall determine the number of credits that may be transferred from the applicable M49 property consistent with this rule. (1) One credit is available for each new dwelling authorized in the M49 final order issued by the department, subject to the conditions of approval, court order, or both. (2) A county may grant bonus credits as provided in section (3) as an additional incentive to relocate potential development from M49 properties that are a high priority for conservation. Bonus credits may only be granted if the M49 property meets all of the requirements in subsections (a) through (c) below. (a) The M49 property is within a zone or overlay zone described in OAR 660-029-0030(1)(c)(A) or (B); (b) No dwellings authorized by M49 have been developed on the M49 property. A M49 property with one existing permanent dwelling as of January 1, 2005, may qualify for bonus credits; and (c) The M49 property in its entirety is subject to a conservation easement or restrictive covenant that prohibits future development in accordance with OAR 660-029-0060. (3) A county may grant a bonus of up to 0.2 credits for each subsection (a) through (e) for which the M49 property qualifies, regardless of the number of specific attributes listed under each subsection. Bonus credits may be applied to each M49 dwelling authorization transferred. The bonus allowed in this section may not exceed an additional 1.0 credit per dwelling. (a) The M49 property is high-value farmland or high-value forestland as defined in ORS 195.300 and OAR 660-041-0130. (b) Recreational and Cultural Areas: (A) Any portion of the M49 property is within a scenic, historic, cultural or recreational resource identified as significant on a local inventory as part of an acknowledged comprehensive plan or land use regulation. (B) Any portion of the M49 property is within or shares a boundary with a National Park, National Monument, National Recreation Area, National Seashore, National Scenic Area, Federal Wild and Scenic River and associated corridor established by the federal government, State Scenic Waterway, State Park, State Heritage Area or Site, State Recreation Area or Site, State Wayside, State Scenic Viewpoint, State Trail, or State Scenic Corridor. (c) Environmentally Sensitive Areas: (A) Any portion of the M49 property is within an area designated as Willamette River Greenway, estuarine resources, coastal shoreland, or beaches and dunes designated in an acknowledged comprehensive plan or land use regulation implementing Goals 15 to 18. (B) Any portion of the M49 property is within or shares a boundary with a National Wilderness Area, National Area of Critical Environmental Concern, National Wildlife Refuge or Area, Federal Research Natural Area, National Outstanding Natural Area, State Wildlife Area, State Natural Area or Site, or a natural area or open space identified as significant on a local inventory as part of an acknowledged comprehensive plan or land use regulation as specified in OAR 660-023-0160 and 660-023-0220. (C) Any portion of the M49 property is within an area designated by the Oregon Department of Fish and Wildlife (ODFW) as a Conservation Opportunity Area as mapped in 2006. (D) Any portion of the M49 property is within or shares a boundary with a riparian corridor adopted in an acknowledged comprehensive plan as provided in OAR 660-023-0090, or if the local government has not adopted an inventory of riparian corridors, then the riparian corridors defined using the safe harbor provided in OAR 660-023-0090(5). (E) Any portion of the M49 property is within a wetland that is: (i) Identified as significant or special interest for protection on a local wetland inventory or other inventory as provided in OAR chapter 141, division 86 or a wetland conservation plan approved by Division of State Lands (DSL); (ii) A Wetland of Conservation Concern (formerly Special Area of Concern) as designated by DSL; (iii) In the Wetland Reserve Easement Program of the Natural Resources Conservation Service (NRCS); (iv) Identified on the Oregon’s Greatest Wetlands map or GIS layer by The Wetlands Conservancy as of January 1, 2015; (v) Identified on the Wetland Priority Sites map or GIS layer by Oregon State University and The Wetlands Conservancy as of January 1, 2015; (vi) Has a conservation value of 50 or greater as rated on The Wetlands Conservancy and Institute of Natural Resources Wetlands Conservation Significance map or GIS layer as of January 1, 2015; or (vii) Designated as locally significant in an inventory adopted as part of an acknowledged comprehensive plan or land use regulation as provided in OAR 660-023-0100. (d) Natural Hazard Areas: (A) The M49 property is predominantly within the “XXL 1 Tsunami Inundation” zone delineated on the Tsunami Inundation Maps published by the Oregon Department of Geology and Mineral Industries in 2014. (B) Any portion of the M49 property is within a Special Flood Hazard Area or floodway on the Flood Insurance Rate Maps adopted by a county or on a preliminary map with a Letter of Final Determination (LFD) issued by the Federal Emergency Management Agency, whichever is most recent. (C) The M49 property is predominantly within an area composed of either or both: (i) A fire hazard rating of “Very High: 2.2+” on the “Community at Risk: Hazard Rating” map published by the Oregon Department of Forestry (ODF) on October 1, 2006; or (ii) A fire hazard rating of “High: 1.9-2.1” on the “Community at Risk: Hazard Rating” map published by ODF on October 1, 2006 and that is outside of a local public fire protection district or agency. (D) The M49 property is predominantly within a landslide deposit or scarp flank on the Statewide Landslide Information Database for Oregon (SLIDO) Release 3.2 Geodatabase published by the Oregon Department of Geology and Mineral Industries (DOGAMI) December 29, 2014, provided the deposit or scarp flank is from a data source mapped at a scale of 1:40,000 or finer. (E) The M49 property is predominantly within an area designated as a natural hazard in an acknowledged comprehensive plan or land use regulation. (e) The M49 property is predominantly within an area designated as a critical ground water area or as a ground water limited area by the Oregon Water Resources Department or Water Resources Commission before January 1, 2015, unless water can be provided by an existing community or public water system. (4) If a M49 property qualifies for bonus credits under sections (2) and (3), a county may additionally grant bonus credits based on the size of the property protected from development as follows: (a) Fewer than 80 acres: No additional credit (b) 80 acres or more, and fewer than 120 acres: 0.2 credits; (c) 120 acres or more, and fewer than 160 acres: 0.4 credits; (d) 160 acres or more, and fewer than 200 acres: 0.6 credits; (e) 200 acres or more, and fewer than 240 acres: 0.8 credits; (f) 240 acres or more: 1.0 credit. (5) A TDC system adopted by Clackamas, Multnomah, or Washington County must establish two types of credits. (a) TDCs from sending properties within a rural reserve designated under OAR 660-027-0020(2) shall be known as type A credits and may be used in any receiving area. (b) TDCs from sending properties outside rural reserves designated under OAR 660-027-0020(2) shall be known as type B credits and may only be used in receiving areas outside of rural reserves. (6) A TDC system adopted by Douglas or Lane County must establish two types of credits. (a) TDCs from sending properties within the Oregon Coastal Zone as defined in OAR 660-035-0010(1) shall be known as type A credits and may be used in any receiving area. (b) TDCs from sending properties outside of the Oregon Coastal Zone shall be known as type B credits and may only be used in receiving areas outside of the Oregon Coastal Zone. 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