News & Articles

1. "Big Look" Changes are Relatively Modest

Establishes additional, non-binding, principles to be considered when the legislature enacts new laws, or when a public body adopts or interprets land use regulations. Authorizes counties to undertake a "re-acknowledgment process" to review and amend comprehensive plan designations for farm and forest lands, consistent with Goals 3 and 4 and subject to review and approval by the Land Conservation and Development Commission (the "LCDC"). Requires counties to assess and inventory the environmental significance of lands re-designated for nonresource use and establishes standards for permissible use of nonresource lands. Revises and clarifies the regional problem-solving process. Authorizes LCDC to establish a work group to conduct a policy-neutral audit of land use statutes and administrative rules.

House Bill 2229 (effective August 4, 2009)

2. Pilot Program for Transfer of Development Rights Established

Authorizes LCDC to establish a pilot program for the transfer of development credits. Allows up to five pilots. Establishes standards for sending and receiving areas. Requires the pilot program to include affordable housing. Authorizes local governments to amend local plans and regulations to implement the pilot program.

House Bill 2228 (effective June 29, 2009)

3. Authority for Cities and Counties to Establish Transferable Development Credit Systems Broadened

Allows establishment of transferrable development credit ("TDC") systems involving land under the jurisdiction of different governmental units. Requires an intergovernmental agreement between such governmental units and with the Department of Land Conservation and Development (the "DLCD"). Establishes standards for TDC systems.

Senate Bill 763 (effective June 24, 2009)

4. Skyline Forest Sustainable Development Area Created in Deschutes County

Authorizes the owner of "Skyline Forest" to develop up to 282 dwellings and related resort facilities in a specified area of Deschutes County, based on a sliding scale of the amount of specified forest lands dedicated to a land trust or public agency. Establishes requirements for conveyance. Requires a development master plan and establishes additional development standards. Establishes siting standards that supersede planning goals and local regulations. Requires public access and conservation easements.

House Bill 2228 (effective June 29, 2009);

House Bill 3313 (effective August 4, 2009)

5. Metolius Basin Declared an "Area of Critical State Concern"

Approves a recommendation by the LCDC to designate the Metolius Basin as an "Area of Critical State Concern" and directs the LCDC to adopt the management plan as an administrative rule, with specified changes. Prohibits destination resort siting in the Metolius Basin. Companion legislation authorizes two small-scale recreation communities if the landowner elects to and grants a conservation easement.

House Bill 3298 (effective July 15, 2009);

House Bill 2228 (effective June 29, 2009);

House Bill 3313 (effective August 4, 2009)

6. Way of Necessity for Sewer Lines Established

Establishes a way of necessity for private sewer lines. Sets conditions for its use.

House Bill 2822 (effective January 1, 2010)

7. Area Within UGB Annexed to Metro

Annexes territory within the urban growth boundary to the metropolitan service district by operation of law.

House Bill 3043 (effective January 1, 2010)

8. Allowed Uses in Exclusive Farm Use Zones Modified

Modifies the list of conditional and permitted uses of land zoned for exclusive farm use. Allows repealed uses to continue as nonconforming uses subject to specific standards. Revives expired building permits for replacement dwellings issued after January 1, 1990.

House Bill 3099 (effective January 1, 2010)

9. Consultation with Landowner of High-Value Farmland Required Prior to Construction of Utility Transmission Line

Requires person siting utility transmission line under ORS 215.275 to consult with owner of high-value farmland regarding location and construction of line following approval of alignment by siting authority.

House Bill 3153 (effective January 1, 2010)

10. Deadline Imposed for Processing Measure 49 Claims

Directs DLCD to issue final orders on existing Measure 49 claims by June 30, 2010. Provides process for additional Measure 49 claims to be filed including: claimants who filed only with the state but not the local government and claimants whose property is outside an urban growth boundary but within city limits. Directs DLCD to investigate circumstances of Measure 37 claims filed only with the county and thus precluded from relief under Measure 49 and to report to the legislature. Imposes a processing fee for new claims.

House Bill 3225 (effective July 28, 2009)

11. Provisions for Claiming Compensation Under Measure 49 for Forestry Regulations Expanded

Expands class of forestry regulations that give rise to a claim under Measure 49. Establishes a methodology for proving reduction in fair market value for a claim arising from regulation of forest practices. Allows Measure 49 claim arising from forest regulation to be transferred to a subsequent owner. Allows a separate claim for each lawfully established lot or parcel.

Senate Bill 691 (effective January 1, 2010)

12. Metro Exempt from Considering Soil Classifications when Bringing Land into the Urban Growth Boundary that was Previously Designed as an Urban Reserve

Provides that Metro is not required to consider soil capability class for farm production or cubic foot site class for timber production as described in ORS 197.298(2) when including land previously designated as urban reserve within the Metro urban growth boundary.

Senate Bill 566 (effective December 1, 2009)