OAR 660-029-0060
Protection of Sending Properties
(1)
To qualify for bonus credits under OAR 660-029-0040 (Calculation and Types of Transferable Development Credits), the M49 property must be permanently restricted from future development or land division for any purpose other than:(a)
Farm use as defined in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones);(b)
Agricultural buildings as defined in ORS 455.315 (Exemption of agricultural buildings, agricultural grading and equine facilities);(c)
Replacement dwellings as provided in OAR 660-033-0130 (Minimum Standards Applicable to the Schedule of Permitted and Conditional Uses)(8) and 660-006-0025 (Uses Authorized in Forest Zones)(3)(p);(d)
Farm stands as provided in OAR 660-033-0130 (Minimum Standards Applicable to the Schedule of Permitted and Conditional Uses)(23);(e)
Forest operations as defined in OAR 660-006-0005 (Definitions);(f)
Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources;(g)
Conservation areas or natural resource uses that do not require a land use decision; and(h)
Home occupations as provided in OAR 660-033-0120 (Uses Authorized on Agricultural Lands), 660-006-0025 (Uses Authorized in Forest Zones)(4)(s) and local regulations.(2)
If the M49 property is fewer than 20 acres, then the restriction required by section (1) may be accomplished by either a restrictive covenant or a conservation easement.(3)
If the M49 property is 20 acres or more, then the restriction required in section (1) must be accomplished by a conservation easement conveyed to a willing holder identified in ORS 271.715 (Definitions for ORS 271.715 to 271.795)(3). Exception: The restriction required by section (1) on a M49 property 20 acres or more may be accomplished with a restrictive covenant if the county provides notice to the department 60 days prior to final approval, and no eligible holder has been found to accept a conservation easement.(4)
A restrictive covenant must:(a)
Be reviewed by the department for compliance with this rule as provided in OAR 660-029-0050 (Process for Creating Transferable Development Credits);(b)
Authorize the county and the department to independently enforce the restrictive covenant;(c)
Be accompanied by a title search and a legal description of the property sufficient to determine all owners of the property and all lienholders; and(d)
Be recorded in the deed records for the county in which the M49 property is located.(5)
A conservation easement must:(a)
Be reviewed by the department for compliance with this rule as provided in OAR 660-029-0050 (Process for Creating Transferable Development Credits);(b)
Authorize the department to independently enforce the conservation easement;(c)
Be accompanied by a title search and a legal description of the property sufficient to determine all owners of the property and all lienholders; and(d)
Be recorded in the deed records for the county in which the M49 property is located.
Source:
Rule 660-029-0060 — Protection of Sending Properties, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-029-0060.