Rule Rule 123-656-1000
TRIBAL ZONES — Applicability of Regular Parameters

For purposes of RENZs and RPRZs:


Their creation does not depend on any measure of local economic hardship or on consultation with local taxing districts.


They do not need to satisfy the following requirements in OAR 123-650, except pursuant to a boundary change under ORS 285C.115 (Change of zone boundaries)(3), including but not limited to:


Maximum distances overall or between an RENZ’s separate areas; or


General co-sponsorship or consent by applicable city, port or county governments as described in OAR 123-650-0500 (Local Government Sponsorship or Consent).


Each may have total area within its boundary of up to but not more than 12 square miles, for which:


An RENZ shall conform to OAR 123-650-1000 (DIMENSIONS AND BOUNDARIES — Size and Distances)(3), but it may include separate, noncontiguous areas anywhere in this state.


The cosponsors of an RPRZ shall determine how to define, map and describe the zone’s area, which however, must be contiguous.


Either may designate itself for electronic commerce status under ORS 285C.095 (Designation for electronic commerce) (see OAR 123-662).


The zone sponsor shall fulfill the duties incumbent on it under ORS 285C.105 (Duties of zone sponsor) or elsewhere in ORS chapter 285C, including but not limited to those addressed in OAR 123-668.


They are invariably ‘rural’ enterprise zones:


Even if entirely or partially inside a regional or metropolitan urban growth boundary, notwithstanding OAR 123-650-0700 (Rural and Urban Designations).


For purposes of the standard exemption under ORS 285C.175 (Enterprise zone exemption) (see OAR 123-674) and long-term tax incentives under ORS 285C.409 (Property tax exemption) and 317.124 (Long term enterprise zone facilities) (see OAR 123-690), regardless of where any part of the zone exists, but:


The facility must nevertheless be in an applicable county for the long-term tax incentives; and


Neither an RENZ (designated after 2003) nor an RPRZ sponsor may elect or allow a hotel, motel or destination resort business to be eligible for the standard exemption.


They are not subject to premature termination by order of the Director under ORS 285C.245 (Termination)(3) to (5) or to programmatic sunset under ORS 285C.255 (Sunset of enterprise zone program).
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Aug. 13, 2020