75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                        Senate Bill 1049

Sponsored by Senator PROZANSKI (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to Ballot Measure 49 (2007) claims; creating new
  provisions; amending ORS 197.090; limiting expenditures; and
  declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Sections 2 to 7 of this 2010 Act are added to
and made a part of sections 5 to 11, chapter 424, Oregon Laws
2007, and sections 2 to 9, chapter 855, Oregon Laws 2009. + }
  SECTION 2.  { + For purposes of section 6 (6)(f), chapter 424,
Oregon Laws 2007, if a claimant acquired property on or after
January 25, 1975, and before the date the comprehensive plan for
the county in which the property is located was first
acknowledged by the Land Conservation and Development Commission
to comply with the statewide land use planning goals, the
claimant is deemed to have been lawfully permitted to establish
one or more home sites, as follows:
  (1) For property that was subsequently designated in the first
acknowledged comprehensive plan as land subject to a goal related
to agricultural lands or a goal related to forestlands and that
was not zoned, was subject to a zone without a fixed minimum
acreage standard or was subject to a zone with a fixed minimum
acreage standard that would have allowed at least the number of
home sites that would result under the application of this
subsection:
  (a) If the property contains less than 20 acres, the claimant
is deemed to have been lawfully permitted to establish one home
site on the property.
  (b) If the property contains at least 20 acres and less than 40
acres, the claimant is deemed to have been lawfully permitted to
establish up to two home sites on the property.
  (c) If the property contains 40 acres or more, the claimant is
deemed to have been lawfully permitted to establish up to three
home sites on the property.
  (2) For property that was subsequently designated in the first
acknowledged comprehensive plan as land subject to a goal related
to agricultural lands or a goal related to forestlands and that
was subject to a zone with a fixed minimum acreage standard that
would not have allowed at least the number of home sites that
would result under the application of subsection (1) of this
section, the claimant is deemed to have been lawfully permitted
to establish up to three home sites on the property, consistent
with the fixed minimum acreage standard in the zone on the date
the claimant acquired the property.

Enrolled Senate Bill 1049 (SB 1049-B)                      Page 1

  (3) For property that was subsequently designated in the first
acknowledged comprehensive plan as land for rural residential
development:
  (a) If the property was not zoned or was zoned to allow
residential development at a density equal to or greater than one
dwelling per two acres, the claimant is deemed to have been
lawfully permitted to establish up to three home sites with a
minimum acreage standard of two acres.
  (b) If the property was zoned for residential development at a
density of less than one dwelling per two acres, the claimant is
deemed to have been lawfully permitted to establish up to three
home sites, consistent with the density of residential
development allowed in the zone on the date the claimant acquired
the property.
  (4) Notwithstanding subsections (1) and (2) of this section, if
the record of the claim includes a county evaluation and
determination of the compliance or noncompliance of the requested
residential use with the applicable statewide land use planning
goals, the Department of Land Conservation and Development may
defer to that analysis. + }
  SECTION 3.  { + Notwithstanding the exception provision that
triggers a time limit under section 11 (7), chapter 424, Oregon
Laws 2007, if the claimant who obtained the authorization retains
an undivided ownership interest in the property and the remaining
ownership interest is held by an individual who is a family
member of the claimant, the opportunity to develop the property
pursuant to an authorization granted under section 6, 7 or 9,
chapter 424, Oregon Laws 2007, is not subject to the time
limit. + }
  SECTION 4.  { + For purposes of section 6 (6)(f), chapter 424,
Oregon Laws 2007, if, on or after the date the comprehensive plan
for the county in which the property is located was first
acknowledged by the Land Conservation and Development Commission
to comply with the statewide land use planning goals, the
property was subject to a resource zone without a fixed minimum
acreage standard, the fixed minimum acreage standard is deemed to
have been 40 acres for purposes of determining the number of home
sites that a claimant would have been lawfully permitted to
establish unless the record of the claim establishes that the
claimant was lawfully permitted to establish a home site on a lot
or parcel of a different acreage. + }
  SECTION 5.  { + (1) A claimant is eligible for the approval of
a maximum of one dwelling under section 6, chapter 424, Oregon
Laws 2007, and, unless the property includes a vacant lot or
parcel for the dwelling, the claimant also is eligible for
approval of a maximum of one lot or parcel on which the dwelling
must be established if the claimant:
  (a) Made a timely election under section 8 (3), chapter 424,
Oregon Laws 2007, for relief under section 7, chapter 424, Oregon
Laws 2007;
  (b) Did not file an appraisal or filed an appraisal that did
not satisfy the requirements of section 8 (5), chapter 424,
Oregon Laws 2007; and
  (c) Did not change the election to obtain relief under section
6, chapter 424, Oregon Laws 2007, as provided in section 8 (5),
chapter 424, Oregon Laws 2007.
  (2) Section 6 (1) to (3), chapter 424, Oregon Laws 2007, does
not apply to claims described in this section.
  (3) Section 8, chapter 855, Oregon Laws 2009, does not apply to
claims described in this section. + }

Enrolled Senate Bill 1049 (SB 1049-B)                      Page 2

  SECTION 6.  { + (1) Notwithstanding the requirement in section
6 (6), chapter 424, Oregon Laws 2007, that a claimant must have
filed a claim with both the state and the county in which the
property is located, the claimant is eligible for the approval of
a maximum of one dwelling under section 6, chapter 424, Oregon
Laws 2007, and, unless the property includes a vacant lot or
parcel for the dwelling, the claimant also is eligible for
approval of a maximum of one lot or parcel on which the dwelling
must be established if the claimant:
  (a) Filed, and did not withdraw, a valid claim with a county
under ORS 195.305 before December 6, 2007; and
  (b) Did not file a claim with the state.
  (2) Counties shall provide certified copies of the claims
described in this section on or before June 30, 2010, to the
Department of Land Conservation and Development for review.
  (3) After receiving claims from counties as required under
subsection (2) of this section, the department shall notify the
claimants that may be eligible for relief under this section.
  (4) Section 6 (1) to (3), chapter 424, Oregon Laws 2007, does
not apply to claims described in this section.
  (5) For purposes of this section, if the claimant filed a claim
with a county on or after November 1, 2006, and died after filing
the claim, a person that acquired the property by devise or by
operation of law may prosecute the claim. + }
  SECTION 7.  { + (1) The Department of Land Conservation and
Development shall issue a final order for each claim reviewed
under section 5 or 6 of this 2010 Act on or before June 30, 2011.
  (2) The department shall charge a fee of $2,500 for processing
a claim that becomes eligible for review under section 5 or 6 of
this 2010 Act.
  (3) Moneys collected from the fee required by this section must
be deposited in the Compensation and Conservation Fund
established by ORS 195.336.
  (4) If a claimant does not pay the fee required by this section
on or before a date established by rule of the department, the
department may close the claim without further review of or
action on the claim.
  (5) If the department does not issue a final order on a claim
by the date specified in subsection (1) of this section, the
department shall refund the fee paid pursuant to this section.
  (6) The department may adopt rules for the processing of claims
under section 5 or 6 of this 2010 Act. + }
  SECTION 8. ORS 197.090 is amended to read:
  197.090. (1) Subject to policies adopted by the Land
Conservation and Development Commission, the Director of the
Department of Land Conservation and Development shall:
  (a) Be the administrative head of the Department of Land
Conservation and Development.
  (b) Coordinate the activities of the department in its land
conservation and development functions with such functions of
federal agencies, other state agencies, local governments and
special districts.
  (c) Appoint, reappoint, assign and reassign all subordinate
officers and employees of the department, prescribe their duties
and fix their compensation, subject to the State Personnel
Relations Law.
  (d) Represent this state before any agency of this state, any
other state or the United States with respect to land
conservation and development within this state.

Enrolled Senate Bill 1049 (SB 1049-B)                      Page 3

  (e) Provide clerical and other necessary support services for
the  { + Land Use + } Board { +  of Appeals + }.
  (2)(a) Subject to local government requirements and the
provisions of ORS 197.830 to 197.845, the director may
participate in and seek review of { + :
  (A) + } A land use decision, expedited land division or limited
land use decision involving the goals  { - , acknowledged
comprehensive plan or land use regulation or other matter within
the statutory authority of the department or commission - }
 { + or involving an acknowledged comprehensive plan and land use
regulations implementing the plan; or
  (B) Any other matter within the statutory authority of the
department or commission + } under ORS chapters 195, 196 and 197.
   { +  (b) + } The director shall report to the commission on
each case in which the department participates and on the
positions taken by the director in each case.
    { - (b) - }   { + (c) + } If a meeting of the commission is
scheduled prior to the close of the period for seeking review of
a land use decision, expedited land division or limited land use
decision, the director shall obtain formal approval from the
commission prior to seeking review of the decision. However, if
the land use decision, expedited land division or limited land
use decision becomes final less than 15 days before a meeting of
the commission, the director shall proceed as provided in
paragraph
  { - (c) - }   { + (d) + } of this subsection. If the director
requests approval from the commission, the applicant and the
affected local government shall be notified in writing that the
director is seeking commission approval. The director, the
applicant and the affected local government shall be given
reasonable time to address the commission regarding the
director's request for approval to seek review. The parties shall
limit their testimony to the factors established under subsection
(3) of this section.  No other testimony shall be taken by the
commission.
    { - (c) - }   { + (d) + } If a meeting of the commission is
not scheduled prior to the close of the period for seeking review
of a land use decision, expedited land division or limited land
use decision, at the next commission meeting the director shall
report to the commission on each case for which the department
has sought review. The director shall request formal approval to
proceed with each appeal. The applicant and the affected local
government shall be notified of the commission meeting in writing
by the director.  The director, the applicant and the affected
local government shall be given reasonable time to address the
commission regarding the director's request for approval to
proceed with the appeal.  The parties shall limit their testimony
to the factors established under subsection (3) of this section.
No other testimony shall be taken by the commission. If the
commission does not formally approve an appeal, the director
shall file a motion with the appropriate tribunal to dismiss the
appeal.
    { - (d) - }   { + (e) + } A decision by the commission under
this subsection is not subject to appeal.
    { - (e) - }   { + (f) + } For purposes of this subsection,
'applicant ' means a person seeking approval of a permit, as
defined in ORS 215.402 or 227.160, expedited land division or
limited land use decision.
  (3) The commission by rule shall adopt a set of factors for the
commission to consider when determining whether to appeal or

Enrolled Senate Bill 1049 (SB 1049-B)                      Page 4

intervene in the appeal of a land use decision, expedited land
division or limited land use decision that involves the
application of the goals, acknowledged comprehensive plan, land
use regulation or other matter within the authority of the
department or commission under ORS chapters 195, 196 and 197.
  (4) The director may intervene in an appeal of a land use
decision, expedited land division or limited land use decision
brought by another person in the manner provided for an appeal by
the director under subsection   { - (2)(b) and (c) - }
 { + (2)(c) and (d) + } of this section.
  SECTION 9.  { + Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by
section 2, chapter 652, Oregon Laws 2009, for the biennium
beginning July 1, 2009, as the maximum limit for payment of
expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the Department of Land
Conservation and Development, is increased by $746,907 for the
purpose of carrying out the provisions of sections 5, 6 and 7 of
this 2010 Act. + }
  SECTION 10.  { + The amendments to ORS 197.090 by section 8 of
this 2010 Act apply before, on or after the effective date of
this 2010 Act. + }
  SECTION 11.  { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
                         ----------

Passed by Senate February 22, 2010

      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House February 24, 2010

      ...........................................................
                                                 Speaker of House

Enrolled Senate Bill 1049 (SB 1049-B)                      Page 5

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled Senate Bill 1049 (SB 1049-B)                      Page 6