reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0210 - Plan Changes Following a Simplified Urban Growth Boundary Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, the following definitions apply in addition to those in
			 OAR 660-038-0010:
(a) "Complete UGB
			 evaluation" means changes to the comprehensive plan or land use regulation, or
			 both, adopted by the city, and county if necessary, to enact needed updates
			 identified during evaluation of the UGB under the provisions of this division
			 when no UGB amendment is adopted.
(b) "Simplified UGB amendment" means an
			 adopted change to the UGB of a city under the provisions of this division,
			 "Simplified Urban Growth Boundary Method."
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The affordable housing pilot program is intended to:
(1) Encourage local governments to provide an
			 adequate supply of land within urban growth boundaries that is dedicated to
			 affordable housing;
(2) Encourage
			 the development of affordable housing on land dedicated to affordable housing;
(3) Protect land dedicated to
			 affordable housing from conversion to other uses before or after the
			 development of affordable housing;
(4) Enhance public understanding of the
			 relationship of land supply to the development of affordable and needed
			 housing; and
(5) Enhance public
			 understanding of how cities can increase the amount of affordable and needed
			 housing.
Stat. Auth.: ORS
				  197.040, OL 2016, Ch. 52
Stats. Implemented: OL 2016, Ch.
				  52
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in ORS
				197.015, the statewide planning
				goals, and the following definitions apply to this division:
(1) "Affordable housing" means:
(a) Housing units available for rent, with or
			 without government assistance, by households who meet applicable maximum income
			 limits, not to exceed 80 percent of the area median income, adjusted for family
			 size, as determined based on data from the United States Department of Housing
			 and Urban Development or its successor agency, and in a manner so that no more
			 than 30 percent of the household's gross income will be spent on rent and
			 utilities;
(b) Housing units
			 available for purchase, with or without government assistance, by households
			 who meet applicable maximum income limits, not to exceed 80 percent of the area
			 median income, adjusted for family size, as determined based on data from the
			 United States Department of Housing and Urban Development or its successor
			 agency, and in a manner so that no more than 30 percent of the household's
			 gross income will be spent on home loan or mortgage payments, amortized
			 interest, property taxes, insurance, and condominium or association fees, if
			 any; or
(c) Spaces in manufactured
			 dwelling parks available for rent, with or without government assistance, by
			 households who meet applicable maximum income limits, not to exceed 100 percent
			 of the area median income, adjusted for family size, as determined based on
			 data from the United States Department of Housing and Urban Development or its
			 successor agency.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0020 - Preliminary Application and Final Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director shall set deadlines for
			 qualifying cities to submit:
(a) A
			 preliminary application for a pilot project site; and
(b) A final application for a pilot project
			 site.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0030 - Compliance with Goals, Statutes, Administrative Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Regarding the pilot project site, a
			 qualifying city submitting a pilot project nomination is exempt from
			 compliance, and the commission is not required to select a pilot project that
			 complies, with:
(a) ORS
			 197A.320;
(b) The Land Need or Boundary Location
			 provisions of Goal 14;
(c) Goals 3,
			 4, 6, 8, 9, 10, 12, 13, and 19;
(d)
			 Goal 11, except that portion applicable to the impact of development of the
			 pilot project site upon existing and planned public facilities within the
			 qualifying city's urban growth boundary;
(e) Goal 15, unless the land is within the
			 Willamette River Greenway Boundary;
(f) Goals 16, 17, and 18, unless the land is
			 within a coastal shore lands boundary; or
(g) Any administrative rules implementing,
			 clarifying, or interpreting these goals.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0040 - Provision of Public Facilities and Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A qualifying city submitting a pilot
			 project nomination shall demonstrate that, for sanitary sewers, domestic water,
			 fire protection, parks or recreation, and streets and roads the pilot project
			 site can be reasonably provided with public facilities and services and the
			 provider(s) of the public facilities and services have the capacity and
			 financial resources to serve development on the site as proposed in the concept
			 plan.
(2)
(a) A qualifying city with a population of
			 25,000 or less shall demonstrate that, either:
(A) For mass transit corridors, the
			 affordable housing units within the pilot project site are accessible or can be
			 made accessible to a transit stop served by a fixed transit corridor with at
			 least four weekday trips in each direction, or four weekday trips at the
			 terminus of a fixed transit corridor, that is within a three-quarters mile
			 distance via sidewalk or pedestrian walkway; or
(B) If transit service described in paragraph
			 (A) is unavailable, the pilot project site is served by public demand response
			 transit service that does not exclude any segment of the general population.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0050 - Impacts on Natural Resources and Nearby Farm and Forest Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The pilot
			 project site shall be buffered from adjacent lands in an exclusive farm use
			 zone, forest zone, or mixed farm and forest zone, by a minimum 100-foot-wide
			 buffer on the pilot project site. The buffer shall include features, such as
			 terrain differential, natural or introduced vegetation, and constructed berms,
			 designed to provide additional buffering quality within the buffer
			 area.
(2) In lieu of the buffer
			 required under section (1), a qualifying city may propose an alternative method
			 to avoid or minimize adverse effects on adjacent lands in an exclusive farm use
			 zone, forest zone, or mixed farm and forest zone that would provide greater
			 protection to land zoned farm, forest or mixed farm and forest than would
			 otherwise be provided through the buffer.
(3) The commission shall consider the
			 following when determining the strength of buffers pursuant to OAR
			 660-039-0080(2)(b)(C):
(a) The amount and
			 percentage of the pilot project site perimeter that is not adjacent to lands in
			 an exclusive farm use zone, forest zone, or mixed farm and forest zone;
(b) A proposed buffer that is
			 wider than 100 feet, or that uses more thorough techniques within the buffer
			 area to reduce impacts to farm and forest lands;
(c) The type and characteristics of farm and
			 forest practices on the pilot project site over the past 20 years;
(d) The type and characteristics of farm and
			 forest practices on lands adjacent to the pilot project site;
(e) The impact of the pilot project
			 development on adjacent farm and forest practices including movement of farm
			 and forest vehicles and equipment; and
(f) The impact of the pilot project
			 development on fire protection, if adjacent to forest practices.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0060 - Measures to Accommodate and Encourage Needed and Affordable Housing within Existing Urban Growth Boundary

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A qualifying city submitting a pilot project nomination must demonstrate that
			 its acknowledged comprehensive plan, acknowledged development code, or other
			 relevant adopted city codes or other governing documents include:
(a) Affordable housing measures from the list
			 in subsection (3)(a) equaling at least three points; and
(b) Affordable housing measures from the list
			 in subsection (3)(a) or needed housing measures from the list in subsection
			 (3)(b) equaling at least twelve points combined.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0070 - Housing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following types of affordable housing are allowed on pilot project sites:
(a) Attached and detached single-family
			 housing and multiple family housing for both owner and renter occupancy;
(b) Government assisted housing;
(c) Manufactured dwelling parks as
			 provided in ORS 197.475 to
			 197.490; and
(d) Manufactured homes on individual lots
			 planned and zoned for single-family residential use that are in addition to
			 lots within designated manufactured dwelling subdivisions.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0080 - Commission Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After the deadline for final applications established in OAR 660-039-0020(1)(b)
			 or (2), the commission shall select two pilot projects for implementation:
(a) One from a qualifying city with a
			 population of 25,000 or less, and
(b) One from a qualifying city with a
			 population greater than 25,000.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0090 - Subsequent Events

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 39 - AFFORDABLE HOUSING PILOT PROJECT › Section 660-039-0100 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 40 - CERTIFICATION OR COPYING PUBLIC RECORDS › Section 660-040-0005 - Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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 660-041-0000 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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
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 660-041-0020 - Contents of a Measure 37 Claim Based on a DLCD Regulation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise described in section 3 of Chapter 855, Oregon Laws 2009, when a Claim
			 was received by DAS after December 4, 2006 and was based on one or more
			 Existing DLCD Regulations, then the Claim must:
(a) Demonstrate that a city, county, Metro,
			 or an Agency applied one or more Existing DLCD Regulations, or applied one or
			 more city, county or Metro land use regulations that implement Existing DLCD
			 Regulations, as approval criteria to an application submitted by the Claimant;
			 and
(b) Include one of the
			 following:
(A) A copy of the final written
			 decision by a city, a county, or Metro on a Land Use Application that included
			 the Measure 37 Claim Property and that requested authorization for the specific
			 use that the Claim is based on, in which the city, county, or Metro determined
			 that one or more Existing DLCD Regulations or city, county or Metro Land Use
			 Regulations that implement Existing DLCD Regulations were approval criteria for
			 the decision; or
(B) A copy of the
			 final written action by an Agency on a complete application to the Agency, in
			 which the Agency determined that one or more Existing DLCD Regulations were
			 approval criteria for the application.
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 660-041-0030 - Notice of Applications and Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 660-041-0040 - When a DLCD Measure 37 Waiver Was Required

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  197.040,
				  197.065 & Ch. 424, OL
				  2007
Stats. Implemented: ORS
				  195.300 -
				  195.336,
				  197.015,
				  197.040,
				  197.065,
				  197.353 & Ch. 424, OL
				  2007
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 660-041-0060 - Effect of 2007 Ballot Measure 49 on DLCD Measure 37 Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  197.040,
				  197.065 & Ch. 424, OL
				  2007
Stats. Implemented: ORS
				  195.300 -
				  195.336,
				  197.015,
				  197.040,
				  197.065,
				  197.353 & Ch. 424, OL
				  2007
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 660-041-0070 - State Agency and Special District Land Use Coordination and DLCD Measure 37 Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  197.040,
				  197.065 & Ch. 424, OL
				  2007
Stats. Implemented: ORS
				  195.300 -
				  195.336,
				  197.015,
				  197.040,
				  197.065,
				  197.353 & Ch. 424, OL
				  2007
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 660-041-0080 - 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

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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
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 660-041-0100 - Submissions to DLCD Regarding Supplemental Review of a Measure 37 Claim under Measure 49

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  197.040,
				  197.065 & Ch. 424, OL
				  2007
Stats. Implemented: ORS
				  195.300 -
				  195.336,
				  197.015,
				  197.040,
				  197.065,
				  197.353 & Ch. 424, OL
				  2007
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 660-041-0110 - Determining What Was Lawfully Permitted on the Claimant's Acquisition Date

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 660-041-0120 - Evaluation of Measure 37 Contiguous Property in Supplemental Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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
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 660-041-0130 - High-Value Farmland and High-Value Forestland

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
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 660-041-0140 - Groundwater Restricted Areas

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  197.040,
				  197.065 & Ch. 424, OL
				  2007
Stats. Implemented: ORS
				  195.300 -
				  195.336,
				  197.015,
				  197.040,
				  197.065,
				  197.353 & Ch. 424, OL
				  2007
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 660-041-0150 - Combining and Dividing Claims

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  197.040,
				  197.065 & Ch. 424, OL
				  2007
Stats. Implemented: ORS
				  195.300 -
				  195.336,
				  197.015,
				  197.040,
				  197.065,
				  197.353 & Ch. 424, OL
				  2007
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 660-041-0160 - Appraisals Under Section 7 of Measure 49

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  197.040,
				  197.065 & Ch. 424, OL
				  2007
Stats. Implemented: ORS
				  195.300 -
				  195.336,
				  197.015,
				  197.040,
				  197.065,
				  197.353 & Ch. 424, OL
				  2007
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 660-041-0170 - Notice of County Applications and Decisions Under Measure 49

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 660-041-0180 - County Implementation of Measure 49 Authorizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The county with land use jurisdiction
			 over the Measure 37 Claim Property must approve an application for a county
			 permit submitted as provided in OAR 660-041-0090(8), based on current local
			 standards, if the county finds that:
(a) the
			 approval of the proposed lots, parcels or dwellings is not prohibited by one or
			 more current local siting or development standard(s) that the county finds are
			 reasonably necessary in order to avoid or abate a nuisance, to protect public
			 health or safety, or to carry out federal law; and
(b) the owner has not received county permits
			 for more than a total of 20 home site approvals statewide pursuant to Measure
			 49 Authorizations.
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 660-041-0500 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  195.300 -
				  195.336,
				  197.040 &
				  197.065
Stats. Implemented: ORS
				  195.300 -
				  195.336,
				  197.015,
				  197.040,
				  197.065 &
				  197.353
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 660-041-0510 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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 660-041-0520 - Procedures for Measure 49 Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Measure 49 Claim must be Filed by the
			 Owner of the Property or an authorized agent of the Owner. A Measure 49 Claim
			 must be Filed on a claim form available from DLCD at the address provided in
			 this rule, or from DLCD's website, and must contain all information required by
			 the form. Claims may not be submitted by facsimile or electronically.
(2) A Measure 49 Claim must be Filed with
			 DLCD at:
Measure 49 Claims
635 Capitol St. NE, Suite 150
Salem 97301-2540
(3) If the Measure 37 Claim was Filed after
			 June 28, 2007, but before December 6, 2007, and 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, the Measure 37 Claim is deemed Filed on
			 December 6, 2007 for purposes of ORS
			 195.312.
(4) DLCD's form for a Measure 49 Claim will
			 require at least the following information:
(a) The name and mailing address of each
			 Claimant and each Owner of the Property.
(b) Evidence establishing that each Claimant
			 is an Owner of the Property.
(c)
			 The consent to the Measure 49 Claim by each Owner of the Property if there are
			 Owners of the Property other than the Claimant, which consent must be
			 notarized.
(d) A description of the
			 Claimant's specific desired use of the Property, which use must be a
			 residential use or a Farming Practice or a Forest Practice. The description
			 must be sufficiently specific to establish that each Land Use Regulation listed
			 under paragraph (g) of this rule applies to and restricts the Claimant's
			 desired use.
(e) The location of
			 the Property by reference to:
(A) The
			 township, range, section and tax lot number for each Lot or Parcel that makes
			 up the Property;
(B) The street
			 address of each Lot or Parcel that makes up the Property, if a street address
			 has been assigned;
(C) The county
			 the Property is located in; and
(D)
			 If the Property is located within a city, the name of that city.
(f) Evidence of each Claimant's
			 Acquisition Date, as provided in ORS
			 195.328;
(g) A listing of each specific New Land Use
			 Regulation that is alleged to restrict the Claimant's desired use of the
			 Property, and for each New Land Use Regulation listed, a description of how
			 that regulation restricts the Claimant's desired use of the property;
(h) An appraisal of the reduction in the fair
			 market value of the Property caused by the enactment of each listed New Land
			 Use Regulation as provided in ORS
			 195.310.
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 660-041-0530 - Coordinating with Other Regulating Entities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  195.300 -
				  195.336,
				  197.040 &
				  197.065
Stats. Implemented: ORS
				  195.300 -
				  195.336,
				  197.015,
				  197.040,
				  197.065 &
				  197.353