OAR 660-041-0110
Determining What Was Lawfully Permitted on the Claimant’s Acquisition Date

(1)

A Claimant lawfully was permitted to establish one or more lots, parcels or dwellings on the Claimant’s acquisition date if DLCD determines that the characteristics of the Measure 37 Claim Property as it existed on that date, including the size, soil quality and location of the Measure 37 Claim Property, would have allowed the Claimant to satisfy the standards and criteria for approval of the lot, parcel or dwelling in effect on that date.

(2)

Based on the Claimant’s acquisition date, as determined under ORS 195.328 (Acquisition date of claimant), DLCD will apply the following standards and criteria to determine the number of lots, parcels or dwellings that were lawfully permitted; or, for Claims described in section 5 or 6 of Chapter 8, Oregon Laws 2010, to determine whether, in addition to the existing lots, parcels and dwellings contained within the Measure 37 Claim Property, a Claimant was lawfully permitted to establish one dwelling and, unless the property includes a vacant lot or parcel, a lot or parcel for the dwelling:

(a)

If the Claimant’s acquisition date is prior to January 25, 1975, DLCD will apply the applicable local land use regulations and comprehensive plan provisions, if any, along with any directly-applicable state statutes;

(b)

If the Claimant’s acquisition date is on or after January 25, 1975 but before the date the county with land use jurisdiction over the Measure 37 Claim Property had its applicable comprehensive plan and land use regulations acknowledged by LCDC for compliance with the Statewide Planning Goals, DLCD will apply the standards set forth in section 2 of Chapter 8, Oregon Laws 2010.

(c)

If the Claimant’s acquisition date is on or after the date the county with land use jurisdiction over the Measure 37 Claim Property had its applicable comprehensive plan and local land use regulations acknowledged by LCDC for compliance with the Statewide Planning Goals, DLCD will apply the applicable local land use regulations and comprehensive plan provisions along with any directly-applicable state statutes, Statewide Planning Goals, LCDC rules, or the standard set forth in section 4 of Chapter 8, Oregon Laws 2010.

Source: Rule 660-041-0110 — Determining What Was Lawfully Permitted on the Claimant’s Acquisition Date, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=660-041-0110.

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 660-041-0110’s source at or​.us