Oregon Secretary of State

Land Conservation and Development Department

Chapter 660

Division 41
MEASURE 49 — EXISTING CLAIM RULES (MEASURE 37 CLAIMS, INCLUDING SUPPLEMENTAL REVIEW UNDER BALLOT MEASURE 49)

660-041-0030
Notice of Applications and Decisions

(1) Except for a building permit that is not a "land use decision" under ORS 197.015(11)(b)(B), cities, counties and Metro must provide written notice to DLCD of all applications for a Measure 37 Permit, and all final written decisions on a Measure 37 Permit, filed with or made by the city, county or Metro after February 20, 2007.

(2) Notice of an application for a Measure 37 Permit required under section (1) of this rule must be mailed to DLCD's Salem office at least ten (10) calendar days before any deadline for comment on the application for a Measure 37 Permit. If there is no opportunity for comment, then the notice must be sent ten (10) days before the decision becomes final. The notice must include:

(a) A copy of the applicable Measure 37 Waiver issued by the city, county, or by Metro;

(b) A copy of any notice provided under ORS 197.195, 197.365, 197.615, 197.763, 227.175 or 215.416;

(c) The claim number of the Measure 37 Waiver issued by the State of Oregon (if any);

(d) The terms of the State's Measure 37 Waiver as applicable criteria in the subject Land Use Application; and,

(e) The name of the present owner of the Measure 37 Claim Property.

(3) Notice of a final decision on a Measure 37 Permit required under section (1) of this rule must be mailed to DLCD's Salem office within ten (10) calendar days of the date of the final written decision. The notice must include a copy of the final written decision.

Statutory/Other Authority: ORS 197.040, 197.065 & 2007 OL Ch. 424
Statutes/Other Implemented: ORS 195.300 to 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424
History:
LCDD 4-2008, f. & cert. ef. 5-23-08
LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08
LCDD 2-2007(Temp), f. & cert. ef. 12-10-07 thru 6-7-08
LCDD 1-2007, f. 2-5-07, cert. ef. 2-9-07
LCDD 10-2006(Temp), f. 12-1-06, cert. ef 12-4-06 thru 6-2-07


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