Text Size:   A+ A- A   •   Text Only
Find     
Site Image

Rulemaking TDR Under M49

Adopted Rule

The new rules and rule amendments will provide a framework for local governments to adopt programs that allow landowners to transfer severable development credits from properties with Measure 49 development authorizations to other locations, and between jurisdictions, as described in Measure 49 (Oregon Laws 2007, chapter 424, section 11), and in accordance with ORS 94.531. The new rules will also provide for, as a result of transfers of development credits, the permanent preservation of certain farm, forest and other natural resource lands.

Adopted rule text

Back to Top

Summary

The commission adopted rules that create a framework to allow counties to establish systems for transferring of development credits. Section 11(8) of Measure 49 authorizes counties to establish a system for transferring the development rights granted under the measure. The measure itself does not contain specifics, and no counties had established a system. The Land Conservation and Development Commission recognized that establishing such a system would yield significant benefits by shifting development to locations that would have less impact on farm, forest, natural or environmentally sensitive areas, and that administrative rules to create the framework for these systems would be helpful.
Back to Top

Rulemaking Process

The commission initiated rulemaking at their meeting March 14, 2014 (staff report) and appointed a rules advisory committee (RAC) to help staff draft proposed rules. The commission held a hearing January 23, 2015(staff report). That hearing was continued to the meeting on March 12 (staff report, and testimony), at which time the commission adopted the rules.
Back to Top

Advisory Committee Meetings

 

​Date Location​ Documents​
​April 23, 2014 ​Salem​

​June 5, 2014

Room 221
Portland State Office Building
800 NE Oregon Street
Portland, Oregon

​July 16, 2014

Stoel Rives
900 SW Fifth Avenue, Suite 2600
Portland, Oregon

​August 12, 2014
​Stoel Rives
900 SW Fifth Avenue, Suite 2600
Portland, Oregon
​September 22, 2014
​Stoel Rives
900 SW Fifth Avenue, Suite 2600
Portland, Oregon
November 3, 2014
​Stoel Rives
900 SW Fifth Avenue, Suite 2600
Portland, Oregon

​December 10, 2014
10 am - 12 pm

​Stoel Rives
900 SW Fifth Avenue, Suite 2600
Portland, Oregon

December 31, 2014

Additional documents sent to committee members​

 

Back to Top

Advisory Committee Members

 

LCDC Liaison
​Greg MacPherson ​
​Committee Members ​
​Kelley Beamer ​Joe Fennimore
​Jim Johnson ​Mike McCallister
​Steve McCoy ​Dan O'Connor
​Gordon Root
 

 

 

Back to Top

Staff Contacts

Katherine Daniels, AICP
Farm and Forest Lands Specialist
503-934-0069

Sarah Marvin
Landowner Compensation Specialist (M49)
503-934-0001

Matt Crall
Planning Services Division Manager
503-934-0046

Back to Top