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 660-041-0090 - Procedures for Supplemental Review of Measure 37 Claims under Measure 49

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a Claimant
			 files an Election seeking relief under section 6 or section 7 of Measure 49
			 and, when applicable, Chapter 855, Oregon Laws 2009 and Chapter 8, Oregon Laws
			 2010, DLCD will review the Claim, as supplemented by the Election and the
			 Supplemental Information, and prepare a Preliminary Evaluation of the relief
			 that the Claimant may be entitled to. The Preliminary Evaluation will be based
			 on and include an initial preliminary assessment of the number of lots, parcels
			 and dwellings, if any, the Claimant lawfully was permitted to establish on the
			 date the Claimant acquired the Measure 37 Claim Property.
(2) Prior to the issuance of the Preliminary
			 Evaluation, DLCD will mail written notice of the Supplemental Review and a copy
			 of any materials submitted by the Claimant to the county with land use
			 jurisdiction over the Measure 37 Claim Property, and will provide that county
			 an opportunity to submit written comment on the Supplemental Review. DLCD will
			 consider all comments from the county in its preparation of the Preliminary
			 Evaluation.
(3) DLCD will mail
			 Notice of the Preliminary Evaluation to the Claimant, the Claimant's authorized
			 agent, the county with land use jurisdiction over the Measure 37 Claim
			 Property, and to any person who is an owner of record of real property located
			 either within 250 feet of the Measure 37 Claim Property, if the Measure 37
			 Claim Property is not within a farm or forest zone, or within 750 feet of the
			 Measure 37 Claim Property if it is located in a farm or forest zone, and to any
			 neighborhood or community organization(s) whose boundaries include any portion
			 of the Measure 37 Claim Property or that has made a written request for a copy
			 of the Preliminary Evaluation.
(4)
			 Any person may submit written comments, evidence or information in response to
			 the Preliminary Evaluation as provided in OAR 660-041-0100  within twenty-eight
			 (28) days of the date the Preliminary Evaluation is mailed under section (3) of
			 this rule.
(5) DLCD will mail
			 copies of any comments, evidence and information concerning the Preliminary
			 Evaluation that are timely received under section (4) of this rule to the
			 Claimant and the Claimant's authorized agent.
(6) The Claimant and the Claimant's
			 authorized agent may file written comments, evidence or information in response
			 to any materials filed by a third party or county. To be considered by DLCD,
			 the response must filed as provided in OAR 660-041-0100  within twenty-one (21)
			 days after the date DLCD mailed the comments, evidence and information to the
			 Claimant and the Claimant's authorized agent as provided under section (5) of
			 this rule.
(7) Based on the record,
			 DLCD will prepare a Final Decision on the Claim, which either will deny the
			 authorization of home sites or a dwelling; or will approve a the specific
			 number of home sites under section 6 or section 7 of Measure 49 or a dwelling,
			 and lot or parcel when applicable, for Claims described in section 5 or 6 of
			 Chapter 8, Oregon Laws 2010. If approved, the Final Decision will authorize the
			 county with land use jurisdiction over the Measure 37 Claim Property to approve
			 a permit to allow the number of home sites approved or the approved dwelling,
			 and unless the property includes a vacant lot or parcel, a lot or parcel for
			 the dwelling, for Claims described in section 5 or 6 of Chapter 8, Oregon Laws
			 2010.
(8) Following issuance of the
			 Final Decision, the owner of the Measure 37 Claim Property may file an
			 application with the county with land use jurisdiction over the Measure 37
			 Claim Property for a permit to establish home sites authorized or to establish
			 an authorized dwelling, and unless the property includes a vacant lot or
			 parcel, a lot or parcel for the dwelling, for Claims described in section 5 or
			 6 of Chapter 8, Oregon Laws 2010.
(9) For good cause shown, DLCD may extend any
			 time period under this rule.
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