[DLCD-Rulemaking] DLCD Rulemaking - SB 1049 (M49) Proposed Permanent Rules

[Tuttle, Casaria R.]

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DATE:             July 2, 1010

[cid:image005.gif at 01CB1CE4.F02A8230]TO:                  Interested Persons

FROM:            The Department of Land Conservation and Development (DLCD)

SUBJECT:       Notice of Rulemaking

The Land Conservation and Development Commission (LCDC) is considering the adoption of permanent rules intended to make permanent the temporary Measure 49 rules adopted by the Land Conservation and Development Commission in April of 2010 (filed with the Secretary of State, and effective April 2010), that provide guidance to counties regarding implementation of Measure 49 authorizations. The proposed permanent rules and amendments to OAR 660, Division 41 add one new rule, 660-041-0180—County Implementation of Measure 49 Authorizations, that provides guidelines for counties implementing home site authorizations and claimants proposing to cluster authorized home sites. Other rules and amendments provide for fee collection and process for SB 1049 claims, clarify that the same notification standards apply to authorizations for single dwellings under SB 1049 as applied to authorizations for home site approvals, and update the department’s explanation of the lawfully permitted analyses that were affected by SB 1049 as they pertain to pre-acknowledgment and post-acknowledgment claims with no minimum lot sizes.

The proposed M49 rules will be available at http://www.oregon.gov/LCD/rulemaking.shtml

LCDC is scheduled to hold the public hearing to receive public comment regarding the proposed rules, and may adopt the permanent rules at its July 22, 2010 meeting. This meeting, which includes other agenda items that may precede the rule hearing, is scheduled to begin at 8:30 AM in the Basement Hearing Room of the Agriculture Building, 635 Capitol Street in Salem. After completion of public testimony, LCDC may adopt the rules. If so, the rules would become effective upon filing with the Secretary of State.

Interested persons may provide oral testimony regarding the proposed rules at the July 22, 2010 public hearing, and may send written comments in advance of the hearing. Oral testimony will be accepted until the close of the July 22 hearing. Written comments must be received by the department on or prior to July 22, 2010. Address written comments to the Chair of the Land Conservation and Development Commission, care of Casaria Tuttle at the department’s address above, or email comments to casaria.r.tuttle at state.or.us<mailto:casaria.r.tuttle at state.or.us>. Fax comments to 503‑378-6033. If you have questions about the proposed rules, contact Judith Moore at 503-373-0050 Ext. 373, email judith.moore at state.or.us<mailto:judith.moore at state.or.us>; or Michael Morrissey at 503-373-0050 Ext. 320; email michael.morrissey at state.or.us<mailto:michael.morrissey at state.or.us>.

Attachments


Casaria Tuttle
Casaria Tuttle | Rules, Records & Policy Coordinator/Asst to 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
casaria.r.tuttle at state.or.us<mailto:casaria.r.tuttle at state.or.us> | www.oregon.gov/LCD<http://www.oregon.gov/LCD>

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