Oregon Administrative Code

660-041-0100 Submissions to DLCD Regarding Supplemental Review of a Measure 37 Claim under Measure 49 (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 re…

660-041-0110 Determining What Was Lawfully Permitted on the Claimant’s Acquisition Date (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…

660-041-0120 Evaluation of Measure 37 Contiguous Property in Supplemental Review (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 Me…

660-041-0130 High-Value Farmland and High-Value Forestland (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 th…

660-041-0140 Groundwater Restricted Areas 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. Statutory/Other Authority: OR…

660-041-0150 Combining and Dividing Claims 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 tha…

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 bas…

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 mor…

660-041-0180 County Implementation of Measure 49 Authorizations (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 coun…

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 M…

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…

660-041-0520 Procedures for Measure 49 Claims (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, …

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 othe…

660-043-0100 Metolius Area of Critical State Concern (1) The Legal Effect of the Management Plan. This section of the Metolius Area of Critical State Concern contains the operative provisions of the designation. The earlier sections are intended only as background for the land us…

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 …

660-044-0005 Definitions For the purposes of this division, the definitions in ORS 197.015 and the statewide planning goals apply. In addition, the following definitions shall apply: (1) “Climate Friendly Area” has the meaning provided in OAR 660-012-0005(10). (2) “Community-base…

660-044-0015 Applicability - Compliance Schedule (1) OAR 660-044-0000 through OAR 660-044-0020, OAR 660-044-030, and OAR 660-044-0040 through OAR 660-044-0060 of this division apply to Metro. OAR 660-044-0055 applies to the cities and counties within Metro. (2) OAR 660-044-0000 t…

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 populati…

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 lan…

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 r…

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 c…

660-044-0040 Cooperative Selection of a Preferred Scenario; Initial Adoption (1) Within one year of adoption or amendment of a preferred scenario, Metro shall amend the regional framework plan and the regional growth concept to select and incorporate a preferred land use and tran…

660-044-0045 Adoption of Regional Plans to Implement the Preferred Scenario (1) Within one year of the commission’s order approving Metro’s amendments to the regional framework plan to select, incorporate, or amend a preferred land use and transportation scenario, Metro shall ado…

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 pro…

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…

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…

660-044-0100 Scenario Planning Work Programs As used in this division, a work program must include: (1) A proposed governance structure for regional cooperation: a proposed mechanism for regional cooperation. The governance structure may be an existing metropolitan planning organ…

660-044-0110 Land Use and Transportation Scenario Plan Contents A land use and transportation scenario plan must include: (1) A planning period of at least 20 years in the future. (2) An assessment of the housing and transportation needs of underserved populations; (3) Policies a…

660-044-0120 Commission Review of a Land Use and Transportation Scenario Plan (1) Cities and counties shall submit a land use and transportation scenario plan to the director. (2) Upon receipt of a land use and transportation scenario plan, the director shall determine whether th…

660-044-0130 Local Amendments to Implement Approved Land Use and Transportation Scenario Plan (1) Local governments shall amend comprehensive plans, land use regulations, and transportation system plans to be consistent with and implement relevant portions of the land use and tra…

660-045-0000 Purpose The purpose of this division is to establish uniform procedures for citizen-initiated enforcement orders, as provided in ORS 197.319 to 197.335 and 197.646. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 H…

660-045-0010 Applicability OAR 660-045-0000, 0030 to 0090, and 0160 apply only to enforcement orders requested by a citizen petition in accordance with ORS 197.319; they do not apply to enforcement orders initiated by the Land Conservation and Development Commission in accordance…

660-045-0020 Definitions (1) Affected local government or district means a local government, as defined in ORS 197.015(13), or a special district, as defined in ORS 197.015(19), against which a requester seeks an enforcement order. (2) Commission means the Land Conservation and D…

660-045-0030 Petitioning for Enforcement (1) A person may petition the commission for an enforcement order against a local government or special district in accordance with ORS 197.319 to 197.335 and 197.646. (2) A person petitioning for enforcement shall do so in accordance with…

660-045-0040 The Citizen’s Request to the Affected Local Government or District (1) When a requester seeks to initiate enforcement proceedings against an affected local government or district, the requester first must notify that government or district by mailing a copy of the re…

660-045-0050 The Local Government or Special District’s Response to a Citizen’s Request (1) An affected local government or district that receives a citizen’s request for enforcement shall mail the requester a response within 60 days of the date on which the request was mailed. (…

660-045-0060 Petitioning the Commission to Initiate Enforcement Proceedings (1) A petition for enforcement shall be in the form of a letter to the commission and shall contain these three items: (a) A request for the commission to adopt an enforcement order to secure the correcti…

660-045-0070 The Department’s Receipt and Initial Review of a Petition (1) The department shall record the petition’s arrival and review it for completeness and compliance with ORS 197.319 and OAR 660-045-0040 to 0060. (2) If the petition is incomplete, the department may, at its…

660-045-0080 The Department’s Actions After Accepting a Petition (1) If the department accepts a petition, the department shall evaluate the alleged noncompliance and prepare recommendations to the commission. (2) In evaluating the alleged noncompliance, the department shall cons…

660-045-0090 The Commission’s Determination of Good Cause to Proceed (1) The commission shall conduct a public hearing to determine whether there is good cause to proceed to a contested-case hearing. (2) Only the department and parties to the proceeding may present testimony duri…

660-045-0100 Arranging the Contested-Case Hearing (1) A contested-case hearing on a petition for enforcement shall be conducted before a hearings officer appointed by the commission, unless the commission decides to conduct the hearing itself. (2) When a hearings officer conducts…

660-045-0110 Notice of the Contested-Case Hearing (1) The department or hearings officer must mail notice of the contested-case hearing to the requester, affected local government or district, mediator (if any), and any other person who has requested notice. (2) The notice requir…

660-045-0120 Participation of Parties or Limited Parties in the Contested-Case Hearing (1) Persons interested in the enforcement proceeding may request status as a party or limited party in accordance with OAR 137-003-0005 (“Participation as a Party or Limited Party”). Any such r…

660-045-0130 The Contested-Case Hearing (1) The contested-case hearing shall be conducted in accordance with ORS 183.413 to 183.470 (“Contested Cases”). The hearing also shall be conducted in accordance with the provisions of OAR chapter 137, division 3, Contested Case Proceeding…

660-045-0140 Procedures After a Hearing Conducted by a Hearings Officer (1) If a hearings officer conducts the contested-case hearing, the hearings officer shall complete the following actions within 30 days of the date when the record closed: (a) Write a proposed order pursuant …

660-045-0150 Procedures After a Hearing Conducted by the Commission (1) If the commission conducts the contested-case hearing, the commission shall adopt a final order within 30 days of the date when the record closed. The commission may adopt a final order on the same day that i…

660-045-0160 Mediation and Settlement (1) During the 60-day period specified in OAR 660-045-0050(1), the requester or the affected local government or district may request mediation services from the department. The department may provide such services. If the requester and the a…

660-045-0170 Terminating an Enforcement Order (1) The commission shall terminate an enforcement order if the commission finds that any one of these conditions exists: (a) The affected local government or district has complied with the requirements of the order; (b) A substantial …

660-045-0180 Requests for Terminating an Enforcement Order (1) A party requesting termination of an enforcement order shall mail its request to the commission. On the same day that it mails its request to the commission, the party shall mail copies of the request to all other per…

660-046-0000 Purpose The purpose of this division is to prescribe standards guiding the development of Middle Housing types as provided in Oregon Laws 2019, chapter 639. OAR 660-046-0010 to OAR 660-046-0235 establish standards related to the siting and design of Middle Housing ty…