Find Measure 49 Approvals
If a state or local government enacts a land use regulation that restricts a residential use, or a farm or forest practice, and reduces the fair market value of a property, then the landowner may qualify for compensation under Ballot Measure 49. DLCD processes Measure 49 landowner claims related to changes in state regulation.
Measure 37 and Measure 49
Voters passed Ballot Measure 37 in 2004, requiring state and local governments to compensate landowners or waive regulations if changes in land use regulations reduced their property value. Voters passed Ballot Measure 49 in 2007 to modify this process to balance fair compensation with protecting farm and forest land.
Claims filed under Measure 37 before January 1, 2007
Compensation claims for land use regulations enacted before January 1, 2007, are called Measure 37 claims. If a claim was approved, the landowner received a waiver exempting their land from the new regulations. Measure 49 cancelled these Measure 37 waivers. Claimants had an option to continue under Measure 49 instead. Measure 49 did not waive all land use regulations but allowed most claimants to develop up to three home sites. Each approved home site allows the claimant to divide their property into separate parcels and build a dwelling on each parcel. In some cases, multiple Measure 37 claims were combined into one Measure 49 approval. In other cases, a single Measure 37 claim was split into multiple Measure 49 approvals. This part of Measure 49 is now over.
Using a Measure 49 Authorization
DLCD has a Frequently Asked Questions guide for owners who have a Measure 49 Final Order and Home Site Authorization and are ready to build dwellings or sell their Measure 49 property.
Use a Map to Find Approved Claims
The
Measure 49 Analyzer displays a map of claims approved under Measure 49. Use it to:
- Search for a Measure 49 claim property on the map.
- Search by claim name or final order number.
- Download a Final Order and Home Site Authorization.
- View claim property boundaries for approved Measure 49 claims.
- View simplified maps of areas that are high-value farmland, high-value forestland and ground water restricted as defined in Measure 49.
- Download a report of the percent high-value farmland and percent high-value forestland within a claim property.
Use a List to Find Approved Claims
The
Measure 49 Final Orders page has links to download all Final Orders and Home Site Authorizations. Use it to search by:
- Claimant last name
- Final order number
- County
Transfer of Development Credits (TDC) Program
Measure 49 allows counties to create a program to transfer development credits (TDC) from farm, forest, or coastal lands to areas with existing residential development. See the TDC Program page.
New Measure 49 claims filed on or after January 1, 2007
New Measure 49 claims may be filed if a state or local government enacts a land use regulation after January 1, 2007. A new claim must be filed within five years of the date the land use regulation was enacted and must demonstrate that the regulation restricts a residential use or a farm or forest practice and reduces the fair market value of the property.
All claims must include an appraisal that follows the requirements in ORS 195.300-336. The landowner must file a claim with the government that passed the regulation affecting the property (city, county, Metro, or state). Claims related to a state regulation must be filed with DLCD. The
Measure 49 New Claims Instruction Packet explains how to file a Measure 49 claim with the state using the
Measure 49 New Claim Form and
Measure 49 Non-Claimant Consent Form.
Other Resources