OAR 660-041-0010
Definitions

The following definitions apply to OAR 660-041-0000 (Purpose and Applicability) to 660-041-0160 (Appraisals Under Section 7 of Measure 49):

(1)

“Agency” has the meaning provided by ORS 183.310 (Definitions for chapter).

(2)

“Claim” means a written demand for compensation under ORS 197.352 (2005) that was filed before December 6, 2007.

(3)

“Claimant” means a person who submitted a Claim.

(4)

“DAS” means the Department of Administrative Services.

(5)

“DLCD” means the Department of Land Conservation and Development.

(6)

“DLCD Measure 37 Waiver” means a decision by LCDC or DLCD that was made before December 6, 2007 under ORS 197.352 (2005) to modify, remove or not apply one or more DLCD Regulations to allow a Claimant to use the Measure 37 Claim Property for a use that was permitted when the Claimant acquired the Measure 37 Claim Property.

(7)

“DLCD Regulation” means a Land Use Regulation that is also a state statute codified in ORS chapter 92, 195, 197, 215 or 227, a Statewide Planning Goal, or an LCDC rule. An “Existing DLCD Regulation” means a DLCD Regulation that was enacted by the State of Oregon or adopted by LCDC with an effective date prior to December 2, 2004. A “New DLCD Regulation” means a DLCD Regulation that was enacted by the State of Oregon or adopted by LCDC with an effective date of on or after December 2, 2004.

(8)

“Elected” means signed and filed the form provided by DLCD.

(9)

“Land Use Application” means an application for a “land use decision,” a “limited land use decision,” or an “expedited land division,” as those terms are defined by ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325) and 197.360 (“Expedited land division” defined), or an application for a permit or zone change under ORS 227.160 (Definitions for ORS 227.160 to 227.186) to 227.187 (Public sale of copies of city comprehensive plan and land use regulations) or under 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) to 215.437 (Mandamus proceeding when county fails to take final action within specified time on remand of land use decision).

(10)

“Land Use Regulation” has the meaning provided by ORS 197.352(11) (2005).

(11)

“LCDC” means the Land Conservation and Development Commission.

(12)

“Measure 37 Claim Property” means the private real property described in a Measure 37 Claim.

(13)

“Measure 37 Permit” means a final decision by a city, a county, or by Metro to authorize the development, division or other use of Measure 37 Claim Property pursuant to a Measure 37 Waiver. A Measure 37 Permit may be a land use decision, a limited land use decision, an expedited land use decision, a permit (as that term is defined in ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) and 227.160 (Definitions for ORS 227.160 to 227.186)), a zone change, or a comprehensive plan amendment. A Measure 37 Permit also includes a final decision by a city, a county, or by Metro that a person has a vested right to complete or continue a use based on a Measure 37 Waiver.

(14)

“Measure 37 Waiver” means a decision by a city, a county, Metro or the State of Oregon that was made before December 6, 2007 under ORS 197.352 (2005) to modify, remove or not apply one or more Land Use Regulations to allow a Claimant to use the Measure 37 Claim Property for a use that was permitted when the Claimant acquired the Measure 37 Claim Property.

(15)

“Measure 49” means Chapter 424, Oregon Laws 2007 as amended by Chapter 855, Oregon Laws 2009, and Chapter 8, Oregon Laws 2010.

(16)

“Measure 49 Authorization” means a final order and authorization issued by the department under Measure 49 that authorizes a claimant to seek local approval of one or more home sites; or, for Claims described in section 5 or 6 of Chapter 8, Oregon Laws 2010, of a dwelling and, when applicable, a lot or parcel for that dwelling.

(17)

“Supplemental Information” means information needed by DLCD, to proceed with the Supplemental Review of a Claim.

(18)

“Supplemental Review” means review by DLCD of a Claim under either section 6 or section 7 of Measure 49 and when applicable, Chapter 855, Oregon Laws 2009 or Chapter 8, Oregon Laws 2010.

Source: Rule 660-041-0010 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=660-041-0010.

660‑041‑0000
Purpose and Applicability 660‑041‑0010
Definitions 660‑041‑0020
Contents of a Measure 37 Claim Based on a DLCD Regulation 660‑041‑0030
Notice of Applications and Decisions 660‑041‑0040
When a DLCD Measure 37 Waiver Was Required 660‑041‑0060
Effect of 2007 Ballot Measure 49 on DLCD Measure 37 Waivers 660‑041‑0070
State Agency and Special District Land Use Coordination and DLCD Measure 37 Waivers 660‑041‑0080
Supplemental Information for Supplemental Review of Measure 37 Claims under Measure 49 and Fees under Chapter 855, Oregon Laws 2009 and Chapter 8, Oregon Laws 2010 660‑041‑0090
Procedures for Supplemental Review of Measure 37 Claims under Measure 49 660‑041‑0100
Submissions to DLCD Regarding Supplemental Review of a Measure 37 Claim under Measure 49 660‑041‑0110
Determining What Was Lawfully Permitted on the Claimant’s Acquisition Date 660‑041‑0120
Evaluation of Measure 37 Contiguous Property in Supplemental Review 660‑041‑0130
High-Value Farmland and High-Value Forestland 660‑041‑0140
Groundwater Restricted Areas 660‑041‑0150
Combining and Dividing Claims 660‑041‑0160
Appraisals Under Section 7 of Measure 49 660‑041‑0170
Notice of County Applications and Decisions Under Measure 49 660‑041‑0180
County Implementation of Measure 49 Authorizations 660‑041‑0500
Purpose and Applicability 660‑041‑0510
Definitions 660‑041‑0520
Procedures for Measure 49 Claims 660‑041‑0530
Coordinating with Other Regulating Entities
Last Updated

Jun. 24, 2021

Rule 660-041-0010’s source at or​.us