OAR 660-004-0023
Reasons Necessary to Justify an Exception for a Substantially Developed Subdivision to Receive Transferred Development Credits Under Goal 2, Part II(c)

Notwithstanding OAR 660-004-0022 (Reasons Necessary to Justify an Exception Under Goal 2, Part II(c))(2), an exception under Goal 2, Part II(c) may be taken to Goal 3 or Goal 4, or both, to designate a receiving area as provided in OAR chapter 660, division 29 to accommodate dwellings authorized by ORS 195.300 (Definitions for ORS 195.300 to 195.336) to 195.336 (Compensation and Conservation Fund) (Measure 49) in a substantially developed subdivision in a farm or forest zone.

(1)

For the purposes of this rule, “substantially developed subdivision” has the meaning provided in OAR 660-029-0010 (Definitions).

(2)

A county may find that the need for a receiving area that is satisfied by designating a substantially developed subdivision under OAR chapter 660, division 29 is a reason that the state policy embodied in Goal 3 or Goal 4, or both, should not apply to the substantially developed subdivision.

(3)

Notwithstanding OAR 660-004-0020 (Goal 2, Part II(c), Exception Requirements)(2)(b)(B)(i)-(iv), a county may limit its consideration of areas that do not require a new exception under OAR 660-004-0020 (Goal 2, Part II(c), Exception Requirements)(2)(b) to areas that qualify as potential receiving areas under OAR 660-029-0080 (Designation of Receiving Areas)(1), (4) and (5).

(4)

A county may limit its analysis of long-term environmental, economic, social and energy consequences under OAR 660-004-0020 (Goal 2, Part II(c), Exception Requirements)(2)(c) to substantially developed subdivisions under OAR 660-029-0080 (Designation of Receiving Areas)(2).

(5)

A county may determine that a substantially developed subdivision that meets the requirements of OAR 660-029-0080 (Designation of Receiving Areas) is compatible with other adjacent uses as required by OAR 660-004-0020 (Goal 2, Part II(c), Exception Requirements)(2)(d).

Source: Rule 660-004-0023 — Reasons Necessary to Justify an Exception for a Substantially Developed Subdivision to Receive Transferred Development Credits Under Goal 2, Part II(c), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=660-004-0023.

Last Updated

Jun. 8, 2021

Rule 660-004-0023’s source at or​.us