28 chapters · 1,856 sections in this title.
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…
ORS 358.687 Reports
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(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…
ORS 358.690 Oregon Property Management Account
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(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 St…
ORS 358.820 Tax levy for municipal orchestras and band
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Any city having a population of 250,000 or more may, when authorized as provided in ORS 358.840, levy each year a tax of not to exceed fifteen-hundredths of one mill on each dollar of assessed valuation of property subject to taxation by the city for the purpose of maintaining an…
ORS 358.831 Election to levy tax
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(1) This section establishes the procedure for submitting to election a tax levy for any of the purposes stated in ORS 358.820. The governing body of a city: (a) May order the election on its own resolution; or (b) Shall order the election when a petition is filed as provided in …
ORS 358.840 Action upon favorable vote
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If a majority of the votes cast on the proposition at the election is in favor of the proposition, the city is authorized and required to levy a tax within the amount and for the purpose or purposes authorized. [Formerly 357.950]
ORS 358.850 Annulment of tax
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The proposition of whether or not a tax levied for the purposes of ORS 358.820 shall be annulled may be submitted to the electors of the city in the same manner as provided for the levy of the tax in ORS 358.831. If a majority of the votes cast on the proposition is in favor of t…
ORS 358.880 Oregon State Museum of Natural History; activities; location; operation; state participation
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(1) There is established an Oregon State Museum of Natural History whose activities shall include, but not be limited to: (a) Extending and improving public access to the state-owned natural history collections now stored at the University of Oregon and any other items or collect…
ORS 358.885 Lane County matching fund relationship
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(1) In relation to the Oregon State Museum of Natural History, the Department of Transportation is authorized to enter into a relationship with Lane County based upon local matching funds and efforts being available in fact. (2) The Department of Transportation shall, in calculat…
ORS 358.900 Oregon State Maritime Museum; functions; participation by Department of Transportation
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(1) Columbia River Maritime Museum, Incorporated, is designated the Oregon State Maritime Museum. The activities of the museum pertaining to its function as the Oregon State Maritime Museum may include, but are not limited to, the following: (a) Extending and improving public acc…
ORS 358.905 Definitions for ORS 358.905 to 358.961; interpretation
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(1) As used in ORS 192.005, 192.338, 192.345, 192.355, 358.905 to 358.961 and 390.235: (a) Archaeological object means an object that: (A) Is at least 75 years old; (B) Is part of the physical record of an indigenous or other culture found in the state or waters of the state; a…
ORS 358.910 Policy
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The Legislative Assembly hereby declares that: (1) Archaeological sites are acknowledged to be a finite, irreplaceable and nonrenewable cultural resource, and are an intrinsic part of the cultural heritage of the people of Oregon. As such, archaeological sites and their contents …
ORS 358.915 Application
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The provisions of ORS 192.005, 192.338, 192.345, 192.355, 273.990, 358.905 to 358.961 and 390.235 do not apply to a person who unintentionally discovers an archaeological object that has been exposed by the forces of nature on private property and retains the object for personal …
ORS 358.920 Prohibited conduct; exception; penalty
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(1)(a) A person may not excavate, injure, destroy or alter an archaeological site or object or remove an archaeological object located on public or private lands in Oregon unless that activity is authorized by a permit issued under ORS 390.235. (b) Collection of an arrowhead from…
ORS 358.923 When collection may be held notwithstanding ORS 358.920 (3) and (4)
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Notwithstanding the provisions of ORS 358.920 (3) and (4), any collection of objects described in those subsections may be held if the collection: (1) Is kept within this state; (2) Is curated under customary museum standards; and (3) Is available for nondestructive study by muse…
ORS 358.924 Objects held unlawfully considered contraband; seizure; procedure; disposition of seized objects
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(1) Archaeological objects, funerary objects, human remains, sacred objects and objects of cultural patrimony that are held in violation of the provisions of ORS 358.920 or 390.235 are contraband. A police officer shall seize all items declared to be contraband under the provisio…
ORS 358.925 Seizure of instrumentalities and proceeds of certain violations; forfeiture; procedure
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(1) Violation of ORS 358.920 or 390.235 is prohibited conduct for the purposes of ORS chapter 131A. Proceeds and instrumentalities of a violation of ORS 358.920 or 390.235 may be seized and forfeited in the manner provided by ORS chapter 131A. An action for civil forfeiture under…