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Laws, rules and regulations
Under authority of the Federal Historic Preservation Act of 1966 [16 U.S.C. 470 et seq.] and federal rule [36 CFR Parts 60 and 61], the National Park Service works in partnership with the states to administer the federally-aided program that encompasses survey, planning, and registration activities, grants-in-aid, tax benefits, and federal project review.
In Oregon, the program is mandated by parallel state legislation [ORS 358, ORS 390] and administrative rule [Chapter 736, Divisions 50 and 51]. SHPO administers several state statutes relating to historic preservation, including:
  • ORS 358.475 (Special Assessment of Historic Property)
  • ORS 358.622 (State Advisory Committee on Historic Preservation)
  • ORS 358.612 (Authorities of State Historic Preservation Officer)
  • ORS 358.635 (Preservation of state-owned historic property)
  • ORS 358.680 (Oregon Property Management Program)
  • ORS 358.905 (General Archaeology)
  • ORS 390.235 (Issuance of Archeological Permits)
  • ORS 97.740 (Protection of Indian Graves)
The following links lead to other official sites and will open a new web browser window when you click on them.
Statutes, rules and codes
ORS 97  Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts
.740-.760 Indian graves and protected objects
ORS 192  Public and Private Records; Public Reports and Meetings
.501-.505 Public records exempt from disclosure
ORS 197  Comprehensive Land Use Planning Coordination
.314 Required siting of manufactured homes; minimum lot size; approval standards
.772 Consent for designation as historic property
ORS 215  County Planning; Zoning; Housing Codes
.263 Review of land divisions in exclusive farm use zones; criteria for approval; exemptions
.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties
ORS 276  Public facilities, purchasing, printing; economic development
.093 Public Policy for State Buildings
ORS 308  Assessment of Property for Taxation
.205-.260 Assessment roll; method of assessment
ORS 358  Museums; Historical Societies; Preservation of Historical and Archaeological Properties and Objects; Oregon Historic Families Database
.475-.565 Classification of historic property
.605-.622 Historic preservation plan
.680-.690 Oregon property management program for historic sites and properties
.905-.955 Archaeological objects and sites
ORS 366  Highways, roads, bridges and ferries
  .550-.553 Historic Columbia River Highway
ORS 390  State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails
.235-.247 Archaeological Sites and Historical Material
ORS 455  Building Code
.448-.449 Entry and inspection of earthquake-damaged structures; warrant enforcement; order to vacate; rehabilitation of historic structures
ORS 654  Places of Employment; Safety and Health Regulations
.170 Stairway railings and guards not required for certain public and historic buildings
OAR 660-023   Land Conservation and Development Department
0000-0250 Procedures and requirements for complying with goal 5
OAR 736-050  Historic Preservation Officer procedural rules
0001-0260 Special Assessment of Historic Property; State Advisory Committee on Historic Preservation
OAR 736-051  Archaeological permits
0000-0090 Dispute resolution; archaeological permits
OAR 736-055  Standards to be used when allocating federal historic preservation monies
0005-0015 Grant application and award procedure; standards and criteria for project selection; advisory committee review and public comment
Uniform Building Code
Section 1102-Definitions
Section 1114-Historic Preservation
Section 1301.1.2-Historic Buildings
Section 3403.5-Historic Buildings