Oregon law requires cities and counties to send notice to affected property owners when the city or county proposes to change the zoning of their property.
The law also requires DLCD to notify cities and counties when the legislature enacts a new law, or the Land Conservation and Development Commission proposes a new administrative rule that limits uses, prohibits previously allowed uses, or causes local governments to rezone property.
For these requirements, the law defines rezoning as an action that
(a) Changes the base zoning classification of the property; or
(b) Adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.
These notices are sometimes called “Ballot Measure 56 notices” because voters approved the law in 1999.
Local Changes
If a local government proposes a rezoning, they are responsible for mailing and paying for notices.
State Changes
When the Oregon Land Conservation and Development Commission (LCDC) proposes changes to rules that might cause a property to be rezoned or restrict its use, a three-step notification process is required. First, DLCD must notify every affected city and county about the potential change at least 90 days before LCDC decides on the change. Second, cities and counties must determine which properties, if any, might be rezoned and then mail a copy of DLCD's notice to those landowners at least 45 days before the LCDC final decision on the proposed change. Finally, DLCD must notify effected cities and counties at least 90 days before the newly adopted rules go into effect.
When the state legislature enacts a law triggering these requirements, DLCD is in charge of notifying local governments of the new statute. Local governments must, in turn, determine and notify all affected property owners within their jurisdiction. DLCD reimburses local governments for all reasonable costs of providing notice prompted by state action.
See the
reimbursement procedures for more information and complete the
required form. For legal questions, please contact your local legal counsel.
Relevant Statutes
For cities:
ORS 227.186
For counties:
ORS 215.503
For the state:
ORS 197.047
Related Documents
Reimbursement Form
DLCD Memo describing Reimbursement Process
Attorney General Memo to DLCD
Example Notice –
Notice to Property Owners on House Bill 3298 (2009)