Chapter 358 — Chapter 358
179 sections in this chapter.
ORS 358.535 [1975 c.514 §9; 1995 c.5 §13; 1995 c.693 §10; 2001 c.540 §14; repealed by 2009 c.892 §20]
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[Repealed or reserved.]
ORS 358.540 Requirements for second term of historic property special assessment. (1) Property classified as historic property under ORS 358.480 to 358.545 is entitled to any other exemption or special assessment provided by law
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(2) Property that has been certified for special assessment under ORS 358.490 and received special assessment under ORS 358.505 for 10 years, at the completion of the 10-year term, is disqualified from historic property special assessment. (3)(a) Notwithstanding subsection (2) of…
ORS 358.541 City or county prohibition of second term. (1) Residential property may not qualify for a second term of classification and special assessment as historic property under this section
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(a) If the property is located within a city, the governing body of which has adopted a resolution or ordinance prohibiting a second term of historic property classification and special assessment for residential property; or (b) If the property is located within unincorporated t…
ORS 358.543 (1)(a) The value of new construction or additions to historic properties certified for special assessment under ORS 358.480 to 358.545 is assessed in the same manner as the original historic property under ORS 358.505 if the additions or new construction
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(A) Were included in the preservation plan approved pursuant to ORS 358.540; and (B) Meet the historic rehabilitation standards as defined in ORS 358.480. (b) Notwithstanding paragraph (a) of this subsection, additions or new construction are not assessed under ORS 358.505 if the…
ORS 358.545 The Director of the Department of Revenue and the State Historic Preservation Officer shall adopt rules within their areas of expertise as necessary to carry out the purposes of special assessment under ORS 358.480 to 358.545
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Note: See second note under 358.475.
ORS 358.565 State Historic Preservation Officer. (1) The Governor shall designate a State Historic Preservation Officer who shall serve at the pleasure of the Governor. In case of vacancy, the Governor shall designate a successor
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(2) The State Historic Preservation Officer shall appoint a staff of persons well qualified in history, architectural history, architecture, archaeology and education as technical assistants and analysts. (3) In addition to the powers and duties assigned to the State Historic Pre…
ORS 358.570 Oregon Heritage Commission; establishment; terms of commission members. (1) There is established in the State Parks and Recreation Department the Oregon Heritage Commission consisting of nine voting members appointed by the Governor and nine advisory members, as described in ORS 358.575
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(2)(a) The term of office of each voting member is four years, but a member serves at the pleasure of the Governor. (b) Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. (c) A member is eligible for r…
ORS 358.575 Commission membership. (1) The voting members of the Oregon Heritage Commission shall be representatives of
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(a) Heritage interests, including Indian tribes with federal recognition, that reflect the cultural and geographic diversity of this state; and (b) Heritage interests reflected in community institutions, libraries, museums, architecture, archaeology and historic preservation. (2)…
ORS 358.580 Selection of chairperson; quorum; meetings. (1) The Oregon Heritage Commission shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines
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(2) A majority of the voting members of the commission constitutes a quorum for the transaction of business. (3) The commission shall meet at least once every three months at a place, day and hour determined by the commission. The commission also shall meet at other times and pla…
ORS 358.583 Purpose and duties of commission relating to museums. (1) As used in this section, “museum” means a public institution or private nonprofit Oregon corporation primarily devoted to the acquisition and public exhibition of specimens, artifacts, articles, documents and other items that relate to history, anthropology, archaeology, science or art and that have historical significance
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(2) The purpose of this section is to direct the Oregon Heritage Commission to assist in projects for the collection and management of heritage collections and for heritage-related tourism and to assist in projects related to the heritage aspects of education and interpretation. …
ORS 358.585 Rules. In accordance with applicable provisions of ORS chapter 183, the State Parks and Recreation Commission may adopt rules, as requested by the Oregon Heritage Commission, for the administration of the laws that the commissions are charged with administering. [1995 c.428 §5]
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Note: See note under 358.570.
ORS 358.590 Advisory and technical committees; reimbursement of commission member expenses; solicitation of funds. (1) To aid and advise the Oregon Heritage Commission in the performance of its functions, the commission may establish such advisory and technical committees as it considers necessary. These committees may be continuing or temporary. The commission shall determine the representation, membership, terms and organization of the committees and shall appoint their members
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(2) Members of the committees are not entitled to compensation, but in the discretion of the commission may be reimbursed from funds available to the commission for actual and necessary travel and other expenses incurred by them in the performance of their official duties, subjec…
ORS 358.595 Coordination of heritage activities; Oregon Heritage Plan; inventory of state cultural properties. (1) The Oregon Heritage Commission is the primary agency for coordination of heritage activities and shall coordinate its activities with public and private organizations that express an interest in the heritage of Oregon
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(2) The commission shall: (a) Prepare and adopt an Oregon Heritage Plan to coordinate the identification, curation, restoration and interpretation of heritage resources. (b) Increase efficiency and avoid duplication among the various interest groups that seek to preserve heritage…
ORS 358.600 Periodic review of certain state archival agencies by commission; joint meetings with agencies. (1) The Oregon Heritage Commission shall
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(a) Periodically review the authority, duties and mission of the commission, the State Archives, the State Library and the State Historical Records Advisory Board; (b) Establish a schedule of semiannual joint meetings of representatives of the agencies listed in paragraph (a) of …
ORS 358.605 Legislative purpose. (1) The Legislative Assembly declares that the cultural heritage of Oregon is one of the state’s most valuable and important assets, that the public has an interest in the preservation and management of all antiquities, historic and prehistoric ruins, sites, structures, objects, districts, buildings and similar places and things for their scientific and historic information and cultural and economic value, and that the neglect, desecration and destruction of cultural sites, structures, places and objects result in an irreplaceable loss to the public
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(2) The Legislative Assembly finds that the preservation and rehabilitation of historic resources are of prime importance as a prime attraction for all visitors, that they help attract new industry by being an influence in business relocation decisions and that rehabilitation pro…
ORS 358.610 [1953 c.475 §1; renumbered 390.410]
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[Repealed or reserved.]
ORS 358.612 Duties of State Historic Preservation Officer. The State Historic Preservation Officer
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(1) Shall conduct or cause to have conducted a comprehensive, statewide survey to identify districts, sites, buildings, structures and objects that are potentially significant in Oregon history, prehistory, architecture, archaeology and culture; (2) Shall prepare and implement a …
ORS 358.615 [1953 c.475 §2; 1955 c.547 §1; renumbered 390.420]
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[Repealed or reserved.]
ORS 358.617 Rules. Pursuant to ORS chapter 183, the State Historic Preservation Officer shall adopt rules to carry out the duties and functions of the officer, including rules governing cultural resource management programs and grants-in-aid program categories. [1983 c.268 §4]
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[Repealed or reserved.]
ORS 358.620 [1953 c.475 §4; 1955 c.547 §2; renumbered 390.430]
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[Repealed or reserved.]
ORS 358.622 State Advisory Committee on Historic Preservation. (1) There is created a State Advisory Committee on Historic Preservation consisting of not more than nine members appointed by the Governor. At least one-half of the members shall be from among persons recognized as professionals in the areas of history, architectural history, architecture, archaeology, museum management or cultural or ethnic minorities. A representative of the Oregon Native American Indian community shall be appointed
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(2) The committee: (a) Shall review and make recommendations concerning nominations by the State Historic Preservation Officer of properties to the state and national registers of historic properties and places; (b) Shall advise the State Historic Preservation Officer on matters …
ORS 358.625 [1953 c.475 §3; renumbered 390.440]
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[Repealed or reserved.]
ORS 358.630 [1953 c.475 §5; renumbered 390.450]
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PRESERVATION OF PROPERTY OF HISTORIC SIGNIFICANCE
ORS 358.635 Definitions for ORS 358.635 to 358.653. As used in ORS 358.635 to 358.653
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(1) “Historic artifacts” means three-dimensional objects including furnishings, art objects and items of personal property which have historic significance. “Historic artifacts” does not include paper, electronic media or other media that are classified as public records. (2) “St…
ORS 358.640 State-owned historic artifacts; catalog; recommendations to state agency; rules. (1) The State Parks and Recreation Department, in consultation with the Oregon Heritage Commission, shall identify and catalog state-owned historic artifacts
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(2) The State Parks and Recreation Department shall make recommendations to any state agency or political subdivision that possesses any historic artifact relating to its retention, preservation, maintenance, use or transfer to the custody of any public or private agency or perso…
ORS 358.645 Review of private property of historic significance. A private owner of any historic artifact believed to have state or national historic significance that the owner wishes to give to the state or to a political subdivision may request review of the significance of the property by the State Parks and Recreation Department. [1979 c.205 §2; 1983 c.295 §3; 1989 c.743 §2; 1991 c.240 §3; 2003 c.18 §1]
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[Repealed or reserved.]
ORS 358.647 Transfer of state-owned historic artifact. A person, other than the state or a person who has received written permission from the state, shall not sell, trade or otherwise transfer any state-owned historic artifact. [1991 c.240 §7]
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[Repealed or reserved.]
ORS 358.650 Acceptance of historic artifact as gift to state; custody; finders fees. (1) Whenever a prospective donor of any historic artifact identified as historically significant pursuant to ORS 358.645 requires immediate acceptance of the property as a condition of a gift, the State Parks and Recreation Department may accept the gift on behalf of the state or political subdivision and may place the gift in the custody of a state agency or political subdivision under agreement between the department and the agency or political subdivision
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(2) The State Parks and Recreation Department may transfer under agreement between the department and the agency or political subdivision any gift accepted pursuant to this section to the custody of an appropriate state agency or political subdivision. (3) The State Parks and Rec…
ORS 358.653 Conservation program; leases. (1) Any state agency or political subdivision responsible for real property of historic significance in consultation with the State Historic Preservation Officer shall institute a program to conserve the property and assure that such property shall not be inadvertently transferred, sold, demolished, substantially altered or allowed to deteriorate
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(2) State agencies and political subdivisions may and are encouraged to lease real property of historic significance to private businesses and nonprofit organizations for purposes which are consistent with the nature of the property. (3) Where possible, the Oregon Department of A…
ORS 358.655 [1979 c.205 §4; 1987 c.883 §1; 1989 c.743 §4; 1991 c.240 §5; repealed by 1995 c.428 §8]
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[Repealed or reserved.]
ORS 358.660 [1989 c.112 §6; 1995 c.144 §2; repealed by 2003 c.18 §2]
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HISTORIC PRESERVATION REVOLVING LOAN FUND
ORS 358.662 Definitions for ORS 358.662 to 358.678. As used in ORS 358.662 to 358.678
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(1) “Eligible costs” includes architectural, engineering, material and planning costs, rehabilitation and reconstruction costs, and construction expenses necessary to meet building code requirements. (2) “Financial need” means the amount of moneys that must be obtained from a len…
ORS 358.664 Historic Preservation Revolving Loan Fund. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Historic Preservation Revolving Loan Fund. Moneys in the Historic Preservation Revolving Loan Fund are continuously appropriated to the State Historic Preservation Officer for the following purposes
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(a) To provide loans to owners of historic property, as described in ORS 358.662 to 358.678. (b) To pay for administrative expenses of the State Historic Preservation Officer in: (A) Processing applications for loans made under ORS 358.662 to 358.678; (B) Investigating historic p…
ORS 358.666 Historic Preservation Revolving Loan Fund Review Committee. (1) There is established the Historic Preservation Revolving Loan Fund Review Committee, consisting of three members appointed by the State Historic Preservation Officer and representing each of the following interests
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(a) The interests of the Housing and Community Services Department; (b) The interests of the State Historic Preservation Officer; and (c) The interests of banks and other financial institutions. (2) The review committee shall review applications for loans from the Historic Preser…
ORS 358.668 Historic preservation loans; application and approval process. (1) Any of the following persons may apply for a loan from the Historic Preservation Revolving Loan Fund
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(a) An owner of historic property. (b) A city or county having jurisdiction over the historic property for which the application is being filed. (c) A nonprofit corporation organized for the purpose of owning, managing or rehabilitating historic property. (d) A business associati…
ORS 358.670 Loan contract terms and requirements. (1) If a loan application is approved by the State Historic Preservation Officer under ORS 358.668, the borrower (and the owner of historic property if the owner is a person other than the borrower) must enter into a written loan contract with the State Historic Preservation Officer. Under the terms of the loan contract, the borrower (and the owner of historic property if the owner is a person other than the borrower) must agree to
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(a) Maintain the historic property as restored, rehabilitated or repaired for a period of at least 15 years. (b) Maintain complete and proper financial records regarding the historic property and allow the State Historic Preservation Officer to review those records upon request. …
ORS 358.672 Lien created when historic preservation loan made; procedure; foreclosure. (1) The State Historic Preservation Officer has a lien upon any historic property that is the subject of a rehabilitation funded in whole or part from a loan from the Historic Preservation Revolving Loan Fund for the entire amount of principal and interest on the loan
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(2) The lien created under this section shall attach as of the day the loan contract is entered into under ORS 358.670. (3) The State Historic Preservation Officer shall file a written notice of claim of lien not later than 120 days after the lien attaches with the recording offi…
ORS 358.674 Types of property for which historic preservation loan may be made. A loan from the Historic Preservation Revolving Loan Fund may be made for the rehabilitation of a historic property that is classified and specially assessed as provided in ORS 358.480 to 358.545 or any other historic property. [2001 c.540 §35]
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[Repealed or reserved.]
ORS 358.676 Rules; fees. (1) The State Historic Preservation Officer shall adopt rules
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(a) Establishing standards and guidelines for the rehabilitation of historic property. The standards and guidelines shall include, but need not be limited to, guidance on preservation, maintenance and rehabilitation of historic property, adequacy of rehabilitation plans and propo…
ORS 358.678 Annual report. The State Historic Preservation Officer, in consultation with the Historic Preservation Revolving Loan Fund Review Committee, shall report annually to the Governor and to the Legislative Assembly on the financial condition and operation of the Historic Preservation Revolving Loan Fund. [2001 c.540 §37]
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OREGON PROPERTY MANAGEMENT PROGRAM FOR HISTORIC SITES AND PROPERTIES
ORS 358.680 Definitions for ORS 358.683 to 358.690. As used in ORS 358.683 to 358.690
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(1) “Director” means the State Parks and Recreation Director. (2) “Committee” means the State Advisory Committee on Historic Preservation established in ORS 358.622. (3) “Oregon Property Management Program” means the program established in ORS 358.683. (4) “State Historic Preserv…
ORS 358.683 Oregon Property Management Program; rules. (1) The State Parks and Recreation Director, with the advice of the State Advisory Committee on Historic Preservation shall formulate and implement an Oregon Property Management Program. The program shall include, but need not be limited to
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(a) Policies and plans for accepting and preserving historic sites and property in Oregon; (b) Criteria for selecting sites and property according to the provisions of ORS 358.680 to 358.690; and (c) Any other provision necessary to administer the program. (2) The director and th…
ORS 358.685 Duties of director. In addition to any other duties or powers provided by law, the State Parks and Recreation Director may, with the advice of the State Advisory Committee on Historic Preservation
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(1) Except as otherwise provided in ORS 358.650 (1), accept, from whatever source, appropriations, gifts or grants of money or other property for the preservation of significant historic sites and properties, and use the money or property to preserve significant historic sites an…
ORS 358.687 Reports. (1) The State Parks and Recreation Director shall report biennially to the Governor and to the Legislative Assembly on activities of the State Advisory Committee on Historic Preservation during the preceding biennium. The director shall make any additional reports required by the Governor or the Legislative Assembly
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(2) Reports required under subsection (1) of this section shall be in the form and contain the information the director considers appropriate, and shall contain the information required by the Governor or the Legislative Assembly. [1983 c.231 §2; 1989 c.904 §58]
ORS 358.690 Oregon Property Management Account. (1) The Oregon Property Management Account is established as a separate account in the State Parks and Recreation Department Fund. Except as otherwise provided by law, all moneys received by the State Advisory Committee on Historic Preservation under law shall be paid into the State Treasury and credited to the account. All moneys in the account and all income, interest and earnings from the moneys in the account are appropriated continuously to the committee to carry out the state heritage and historic preservation laws
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(2) The committee shall keep a record of all moneys deposited in the Oregon Property Management Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is …
ORS 358.710 [1965 c.572 §2; 1973 c.757 §9; 1981 c.165 §1; repealed by 2005 c.139 §3]
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[Repealed or reserved.]
ORS 358.720 [1965 c.572 §3; 1981 c.165 §2; 1997 c.155 §1; repealed by 2005 c.139 §3]
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[Repealed or reserved.]
ORS 358.730 [1965 c.572 §4; 1981 c.165 §3; 1983 c.324 §14; 1993 c.736 §51; 1995 c.362 §15; 1997 c.155 §2; 2005 c.139 §1; renumbered 358.583 in 2007]
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[Repealed or reserved.]
ORS 358.740 [1965 c.572 §§5,10; 1981 c.165 §4; 1997 c.155 §3; repealed by 2005 c.139 §3]
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[Repealed or reserved.]
ORS 358.750 [1965 c.572 §6; 1981 c.165 §5; 1983 c.324 §15; 1993 c.736 §52; 1997 c.155 §4; repealed by 2005 c.139 §3]
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[Repealed or reserved.]