OAR 660-041-0040
When a DLCD Measure 37 Waiver Was Required

Before a Claimant could lawfully use Measure 37 Claim Property for a use under a Measure 37 Waiver, the Claimant must have obtained a DLCD Measure 37 Waiver for that use of the Measure 37 Claim Property in all cases where that use was restricted by a DLCD Regulation or by a city, county or Metro Land Use Regulation that implements a DLCD Regulation. These cases include, but are not limited to, all cases where the use is a use of land, and the Measure 37 Claim Property includes:

(1)

Land zoned for farm use under Goal 3;

(2)

Land zoned for forest use under Goal 4; or

(3)

Land outside of an acknowledged urban growth boundary where the Claimant’s desired use of the Measure 37 Claim Property was an urban use under Goal 14, or that use included the establishment or extension of a sewer or water system restricted under Goal 11.

Source: Rule 660-041-0040 — When a DLCD Measure 37 Waiver Was Required, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=660-041-0040 (accessed May 26, 2025).

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
Verified

May 26, 2025

Rule 660-041-0040’s source at or​.us