Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 41 - MEASURE 49 - EXISTING CLAIM RULES (MEASURE 37 CLAIMS, INCLUDING SUPPLEMENTAL REVIEW UNDER BALLOT MEASURE 49) › Section 660-041-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 660-041-0000  to
				660-041-0160:
(1) "Agency" has the
			 meaning provided by ORS
			 183.310.
(2) "Claim" means a written demand for
			 compensation under ORS
			 197.352(2005)
			 that was filed before December 6, 2007.
(3) "Claimant" means a person who submitted a
			 Claim.
(4) "DAS" means the
			 Department of Administrative Services.
(5) "DLCD" means the Department of Land
			 Conservation and Development.
(6)
			 "DLCD Measure 37 Waiver" means a decision by LCDC or DLCD that was made before
			 December 6, 2007 under ORS
			 197.352(2005)
			 to modify, remove or not apply one or more DLCD Regulations to allow a Claimant
			 to use the Measure 37 Claim Property for a use that was permitted when the
			 Claimant acquired the Measure 37 Claim Property.
(7) "DLCD Regulation" means a Land Use
			 Regulation that is also a state statute codified in ORS chapter 92, 195, 197,
			 215 or 227, a Statewide Planning Goal, or an LCDC rule. An "Existing DLCD
			 Regulation" means a DLCD Regulation that was enacted by the State of Oregon or
			 adopted by LCDC with an effective date prior to December 2, 2004. A "New DLCD
			 Regulation" means a DLCD Regulation that was enacted by the State of Oregon or
			 adopted by LCDC with an effective date of on or after December 2,
			 2004.
(8) "Elected" means signed
			 and filed the form provided by DLCD.
(9) "Land Use Application" means an
			 application for a "land use decision," a "limited land use decision," or an
			 "expedited land division," as those terms are defined by ORS
			 197.015 and
			 197.360, or an application for a
			 permit or zone change under ORS
			 227.160 to
			 227.187 or under
			 215.402 to
			 215.437.
(10) "Land Use Regulation" has the meaning
			 provided by ORS 197.352(11)
			 (2005).
(11) "LCDC" means the Land Conservation and
			 Development Commission.
(12)
			 "Measure 37 Claim Property" means the private real property described in a
			 Measure 37 Claim.
(13) "Measure 37
			 Permit" means a final decision by a city, a county, or by Metro to authorize
			 the development, division or other use of Measure 37 Claim Property pursuant to
			 a Measure 37 Waiver. A Measure 37 Permit may be a land use decision, a limited
			 land use decision, an expedited land use decision, a permit (as that term is
			 defined in ORS 215.402 and
			 227.160), a zone change, or a
			 comprehensive plan amendment. A Measure 37 Permit also includes a final
			 decision by a city, a county, or by Metro that a person has a vested right to
			 complete or continue a use based on a Measure 37 Waiver.
(14) "Measure 37 Waiver" means a decision by
			 a city, a county, Metro or the State of Oregon that was made before December 6,
			 2007 under ORS 197.352(2005)
			 to modify, remove or not apply one or more Land Use Regulations to allow a
			 Claimant to use the Measure 37 Claim Property for a use that was permitted when
			 the Claimant acquired the Measure 37 Claim Property.
(15) "Measure 49" means Chapter 424, Oregon
			 Laws 2007 as amended by Chapter 855, Oregon Laws 2009, and Chapter 8, Oregon
			 Laws 2010.
(16) "Measure 49
			 Authorization" means a final order and authorization issued by the department
			 under Measure 49 that authorizes a claimant to seek local approval of one or
			 more home sites; or, for Claims described in section 5 or 6 of Chapter 8,
			 Oregon Laws 2010, of a dwelling and, when applicable, a lot or parcel for that
			 dwelling.
(17) "Supplemental
			 Information" means information needed by DLCD, to proceed with the Supplemental
			 Review of a Claim.
(18)
			 "Supplemental Review" means review by DLCD of a Claim under either section 6 or
			 section 7 of Measure 49 and when applicable, Chapter 855, Oregon Laws 2009 or
			 Chapter 8, Oregon Laws 2010.
Stat. Auth.: ORS
				  197.040,
				  197.065 & 2007 OL Ch.
				  424
Stats. Implemented: ORS
				  195.300 -
				  195.336,
				  197.015,
				  197.040,
				  197.065,
				  197.353 & 2007 OL Ch.
				  424