OAR 660-041-0020
Contents of a Measure 37 Claim Based on a DLCD Regulation

(1)

Unless otherwise described in section 3 of Chapter 855, Oregon Laws 2009, when a Claim was received by DAS after December 4, 2006 and was based on one or more Existing DLCD Regulations, then the Claim must:

(a)

Demonstrate that a city, county, Metro, or an Agency applied one or more Existing DLCD Regulations, or applied one or more city, county or Metro land use regulations that implement Existing DLCD Regulations, as approval criteria to an application submitted by the Claimant; and

(b)

Include one of the following:

(A)

A copy of the final written decision by a city, a county, or Metro on a Land Use Application that included the Measure 37 Claim Property and that requested authorization for the specific use that the Claim is based on, in which the city, county, or Metro determined that one or more Existing DLCD Regulations or city, county or Metro Land Use Regulations that implement Existing DLCD Regulations were approval criteria for the decision; or

(B)

A copy of the final written action by an Agency on a complete application to the Agency, in which the Agency determined that one or more Existing DLCD Regulations were approval criteria for the application.

(2)

Unless otherwise described in section 3 of Chapter 855, Oregon Laws 2009, when a Claim was based on one or more New DLCD Regulations, then the Claim must:

(a)

Have been received by DAS within two years of:

(A)

The effective date of the New DLCD Regulation; or

(B)

Within two years of the date the Claimant submitted a Land Use Application in which the Land Use Regulations were approval criteria, whichever was later; and

(b)

If the Claim was submitted more than two years after the effective date of the New DLCD Regulation, the Claim must include a copy of the final written decision by a city, a county, or Metro on a Land Use Application that includes the Measure 37 Claim Property and that requested authorization for the specific use that the Claim was based on, in which the city, county, or Metro determined that the New DLCD Regulation or city or county or Metro Land Use Regulation that implemented the New DLCD Regulation were approval criteria for the decision.

(3)

Unless otherwise described in section 3 of Chapter 855, Oregon Laws 2009, when a Claim was based on both Existing and New DLCD Regulations, the requirements of section (1) of this rule must be met with respect to the Existing DLCD Regulation, and the requirements of section (2) of this rule must be met with respect to the New DLCD Regulation.

(4)

A DLDC Regulation was applied as an approval criterion for purposes of this rule and ORS 197.352(5) (2005) when a city, county or Metro made a final written decision on a Land Use Application, or when an Agency took final written action on an application to that Agency, and that final written decision or final written action denied the application or conditioned the approval of the application on the basis (in whole or in part) of the DLCD Regulation.

(5)

This rule applies only to Claims that were received by DAS after December 4, 2006, and that were based on one or more DLCD Regulations, and that are not described in section 3 of Chapter 855, Oregon Laws 2009.

Source: Rule 660-041-0020 — Contents of a Measure 37 Claim Based on a DLCD Regulation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=660-041-0020.

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. 8, 2021

Rule 660-041-0020’s source at or​.us