28 chapters · 1,856 sections in this title.
ORS 358.472 Legal counsel for heritage district
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The board of a heritage district may call upon the attorney for the heritage district for advice as to any district business. The attorney for the heritage district shall give advice when called on for advice by the board. The board may at any time employ special counsel for any …
ORS 358.474 Employees retirement system
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A heritage district may establish an employees retirement system as provided for rural fire protection districts under ORS 478.355 to 478.370. [Formerly 198.989] HISTORIC PROPERTY (Policy and Definitions)
ORS 358.475 Policy
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The Legislative Assembly hereby declares that it is in the best interest of the state to maintain, preserve and rehabilitate properties of Oregon historical significance. Historic preservation incentive programs provide a public benefit by encouraging preservation and appropriate…
ORS 358.480 Definitions for ORS 358.480 to 358.545
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As used in ORS 358.480 to 358.545, unless the context requires otherwise: (1)(a) Commercial property means improved real property that is used in a trade or business or held for the production of income, including but not limited to: (A) Single-family or multifamily residential…
ORS 358.487 Application for classification and special assessment of commercial property as historic property; reapplication for additional consecutive term; fee; rules
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(1) An owner of commercial property may seek classification and special assessment as historic property under ORS 358.480 to 358.545 for the property by applying to the State Historic Preservation Officer on forms approved by the officer. (2) The application must include or be ac…
ORS 358.490 Review and approval of application; withdrawal; amendment of plan
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(1)(a) After an application is filed under ORS 358.487, the State Historic Preservation Officer: (A) Shall determine whether the application meets the requirements of ORS 358.487; and (B) May view the premises of the property that is the subject of the application. (b) If the off…
ORS 358.495 Notice of approval or denial; notice of classification and special assessment; installation of plaque; contested case hearing and final order
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(1) As soon as practicable following approval or denial of an application under ORS 358.490, but in no event later than July 1 of the property tax year for which classification and special assessment as historic property are first sought, the State Historic Preservation Officer s…
ORS 358.499 Applicability and sunset provisions for classification and special assessment
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(1) Property may be classified and specially assessed as historic property under ORS 358.480 to 358.545 pursuant to an application filed under ORS 358.487 on or after September 9, 1995, and first applicable for the property tax year 1996-1997 or any property tax year thereafter. …
ORS 358.500 Reporting requirement; work approval
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(1)(a) The owner of property classified and specially assessed as historic property under ORS 358.480 to 358.545 shall submit written progress reports concerning the preservation plan to the State Historic Preservation Officer in a form, on a schedule and including content prescr…
ORS 358.505 Determination of specially assessed value, maximum assessed value and assessed value of historic property; appeals
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(1)(a) Except as provided in paragraph (b) of this subsection, for property granted special assessment as historic property under ORS 358.480 to 358.545, the county assessor shall list on the assessment and tax roll for 10 consecutive tax years a specially assessed value that equ…
ORS 358.509 Review of continued qualification of historic property by State Historic Preservation Officer
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(1) A county assessor, local landmark commission or governing body shall request the State Historic Preservation Officer to determine whether historic property that is located in their respective jurisdictions and classified and specially assessed as historic property under ORS 3…
ORS 358.511 Historic Assessment Review Committee
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(1) There is established an Historic Assessment Review Committee consisting of five members appointed by the Governor. (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. A member is eligible for reappointment. A member whose …
ORS 358.515 Disqualification for classification and special assessment; notice
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(1) Property that has been classified and specially assessed as historic property under ORS 358.480 to 358.545 remains classified and specially assessed until it is disqualified for classification and special assessment by: (a) Expiration of the 10-year period of special assessme…
ORS 358.525 Imposition of additional taxes, interest and penalties upon disqualification; exceptions
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(1) Except as provided in subsection (4) of this section, whenever property that has been specially assessed as historic property under ORS 358.480 to 358.545 is disqualified for special assessment as provided in ORS 358.515, there shall be added to the tax extended against the p…
ORS 358.528 Application for change from historic property special assessment to another program to be acted upon unless withdrawn
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When any property has been classified and specially assessed as historic property under ORS 358.480 to 358.545 and the owner or the owners legal representative applies for a change in the classification under another special assessment program, the applicant shall have 30 calend…
ORS 358.540 Requirements for second term of historic property special assessment
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(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. (2) Property that has been certified for special assessment under ORS 358.490 and received special assessment under ORS 358.505 for …
ORS 358.541 City or county prohibition of second term
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(1) Residential property may not qualify for a second term of classification and special assessment as historic property under this section: (a) If the property is located within a city, the governing body of which has adopted a resolution or ordinance prohibiting a second term o…
ORS 358.543 Assessment of new construction and additions
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(1) The value of new construction or additions to property classified and specially assessed as historic property under ORS 358.480 to 358.545 shall be assessed in the same manner as the original historic property under ORS 358.505 if the new construction or additions: (a) Were i…
ORS 358.545 Rules
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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 ORS 358.480 to 358.545. [1975 c.514 §11; 1995 c.5 §16; 1995 c.693 §13; 2001 c.540 §17; 2009 c.892 §17;…
ORS 358.565 State Historic Preservation Officer
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(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. (2) The State Historic Preservation Officer shall appoint a staff of persons well qualified in his…
ORS 358.570 Oregon Heritage Commission; establishment; terms of commission members
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(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. (2)(a) The term of office of each voting member is four years, …
ORS 358.575 Commission membership
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(1) The voting members of the Oregon Heritage Commission shall be representatives of: (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 inst…
ORS 358.580 Selection of chairperson; quorum; meetings
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(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. (2) A majority of the voting m…
ORS 358.583 Purpose and duties of commission relating to museums
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(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, scie…
ORS 358.585 Rules
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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] Note: Se…
ORS 358.590 Advisory and technical committees; reimbursement of commission member expenses; solicitation of funds
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(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 representat…
ORS 358.595 Coordination of heritage activities; Oregon Heritage Plan; inventory of state cultural properties
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(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. (2) The commission shall: (a) Prepare and adopt an Oregon…
ORS 358.600 Periodic review of certain state archival agencies by commission; joint meetings with agencies
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(1) The Oregon Heritage Commission shall: (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 o…
ORS 358.605 Legislative purpose
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(1) The Legislative Assembly declares that the cultural heritage of Oregon is one of the states 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, …
ORS 358.612 Duties of State Historic Preservation Officer
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The State Historic Preservation Officer: (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 cu…
ORS 358.617 Rules
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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]
ORS 358.622 State Advisory Committee on Historic Preservation
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(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, ar…
ORS 358.635 Definitions for ORS 358.635 to 358.653
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As used in ORS 358.635 to 358.653: (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 cl…
ORS 358.640 State-owned historic artifacts; catalog; recommendations to state agency; rules
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(1) The State Parks and Recreation Department, in consultation with the Oregon Heritage Commission, shall identify and catalog state-owned historic artifacts. (2) The State Parks and Recreation Department shall make recommendations to any state agency or political subdivision tha…
ORS 358.645 Review of private property of historic significance
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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.…
ORS 358.647 Transfer of state-owned historic artifact
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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]
ORS 358.650 Acceptance of historic artifact as gift to state; custody; finders fees
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(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…
ORS 358.653 Conservation program; leases
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(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 transferre…
ORS 358.662 Definitions for ORS 358.662 to 358.678
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As used in ORS 358.662 to 358.678: (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 mone…
ORS 358.664 Historic Preservation Revolving Loan Fund
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(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 fol…
ORS 358.666 Historic Preservation Revolving Loan Fund Review Committee
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(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: (a) The interests of the Housing and Community Services Depa…
ORS 358.668 Historic preservation loans; application and approval process
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(1) Any of the following persons may apply for a loan from the Historic Preservation Revolving Loan Fund: (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 o…
ORS 358.670 Loan contract terms and requirements
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(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 Offi…
ORS 358.672 Lien created when historic preservation loan made; procedure; foreclosure
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(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. (2) The li…
ORS 358.674 Types of property for which historic preservation loan may be made
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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]
ORS 358.676 Rules; fees
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(1) The State Historic Preservation Officer shall adopt rules: (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 o…
ORS 358.678 Annual report
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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…
ORS 358.680 Definitions for ORS 358.683 to 358.690
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As used in ORS 358.683 to 358.690: (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 3…
ORS 358.683 Oregon Property Management Program; rules
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(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: (a) Policies and plans for accepting a…
ORS 358.685 Duties of director
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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: (1) Except as otherwise provided in ORS 358.650 (1), accept, from whatever source, appropriations, gif…