[DLCD-Rulemaking] DLCD Rulemaking Notice - Measure 49

[Bryan Gonzalez]

The Land Conservation and Development Commission will consider the
following:
 
CAPTION:  Permanent Measure 49 rules clarifying requirements for
Measure 49 authorizations, including notice to State.
 
SUMMARY:  The proposed permanent rules amend OAR chapter 660, division
41.  The purpose of these rules is twofold.  First, the rules clarify
the requirements and process for evaluating Elections under Section 6 of
Measure 49 for home site authorizations.  There is uncertainty as to
whether certain Measure 37 claimants who sought relief under Measure 49
were lawfully permitted to establish the number of home sites for which
Elections have been submitted.  These rules clarify how lawfully
permitted uses are evaluated and determined.  Second, the proposed rules
also require local governments to notify DLCD of land use applications
and decisions approving home sites authorized under Measure 49.  This
will ensure that state and local actions on Measure 49 Elections,
including county land use approvals based on Measure 49 authorizations,
and clustering and 20-homesite limitation requirements under Measure 49,
are coordinated and consistent.
 
ATTACHMENTS:  Attached are copies of:
1.      The Notice of Proposed Rulemaking Hearing
2.      Statement of Need and Fiscal Impact
3.      Housing Cost Impact Statement
 
WEBSITE:  The Notice of Proposed Rulemaking Hearing, Statement of Need
and Fiscal Impact, Housing Cost Impact Statement, and proposed rule
language is available online at www.oregon.gov/LCD(paper copies may be
requested from the Rules Coordinator).
 
HOW TO COMMENT:  You may comment on the proposed rules by sending
written comments by February 23, 2009, to:
Bryan Cruz González
DLCD Rules Coordinator
635 Capitol Street NE, Suite 150
Salem, OR 97301-2540
bryan.gonzalez at state.or.us
 
RULEMAKING HEARING:  You may also provide oral or written comments at
the rulemaking hearing, which will take place as part of the
Commission’s regular meeting (please note that the Commission may
consider other items prior to the hearing, but that the hearing will not
begin before the time indicated below):
DATE:             March 12, 2009
TIME:              Noon
PLACE:           Agriculture Building
635 Capitol Street NE
Salem, OR
 
If you no longer wish to receive notice of the Department of Land
Conservation and Development’s rulemaking activities, you may contact
the Rules Coordinator as indicated above or by telephone at (503)
373-0050 ext. 322 and ask to be removed from the mailing list.
Bryan Cruz González | Rules, Records & Policy Coordinator | Assistant
to the Deputy Director

Oregon Dept. of Land Conservation and Development
635 Capitol Street NE, Suite 150 | Salem, OR 97301-2540
Office: (503) 373-0050 ext. 322 | Fax: (503) 378-5518
bryan.gonzalez at state.or.us | www.oregon.gov/LCD 
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