Current through Register Vol. 63, No. 9, September 1, 2024
(1) This rule establishes the process for the
commission to select up to three TDR pilot projects from among projects
nominated by one or more local governments, as provided in Oregon Laws 2009,
chapter 636.
(2) A proposed TDR
pilot project will be considered by the department and the commission if the
local governments with land use jurisdiction over the proposed sending and
receiving areas submit:
(a) A completed
application form;
(b) A letter of
interest along with the owner(s) of at least fifty percent of the land in the
proposed sending area;
(c) A
concept plan consistent with the requirements of OAR 660-028-0030 that
describes the proposed TDR pilot project and that includes:
(A) Proposed amendments to the local
government comprehensive plan and land use regulations necessary to implement
the pilot project, a tentative schedule for adoption of the amendments, and a
description of any other proposed actions intended to implement the proposed
TDR pilot project;
(B) Maps and
other pertinent information describing the proposed sending areas and receiving
areas;
(C) Proposed transfer ratios
as specified in OAR 660-028-0030(5) and other incentives for participation;
and
(D) A letter from a qualified
entity as defined in ORS
271.715 expressing interest in
holding and monitoring any conservation easement or similar restriction to
ensure that development rights are transferred off of the proposed sending
area.
(3) The
commission may extend the deadline in section (2) of this rule if it finds that
additional time is necessary to ensure a satisfactory pool of applications for
consideration under this program.
(4) The department will review applications
and submit its recommendations for review by the commission within 120 days of
the deadline established under section (2) or (3) of this rule. The department
will base its recommendations on its assessment of:
(a) The beneficial qualities and attributes
of the lands in the proposed sending area for forest management and the degree
of risk that those qualities and attributes will be lost in the absence of the
proposed project based on information in the proposal and other available
information provided by the State Forestry Department and others;
(b) The location, attributes, size and
configuration of proposed sending and receiving areas, including the quality of
the forest land intended to be conserved under the proposed TDR pilot
project;
(c) The demonstrated
intent and ability of the local government and other participants to implement
the proposed TDR pilot project within a reasonable timeframe; and
(d) The likelihood that the proposed TDR
pilot project will succeed and achieve the purposes and requirements of the
Oregon TDR Pilot Program expressed in Oregon Laws 2009, chapter 636.
(5) Upon review of the
applications, the commission may select up to three qualified TDR pilot
projects for inclusion in the Oregon TDR Pilot Program. In deciding which TDR
pilot projects to select, the commission must consider the department's
recommendations, the written applications and concept plans, and any other
available and pertinent information it deems relevant to its
decision.
(6) When selecting a TDR
pilot project the commission must find that the pilot project will comply with
the requirements specified in OAR 660-028-0030 and other requirements of law,
and that the pilot project is:
(a) Reasonably
likely to provide a net benefit to the forest economy or the agricultural
economy of this state and achieve the purposes and requirements of the Oregon
TDR Pilot Program expressed in Oregon Laws 2009, chapter 636;
(b) Designed to avoid or minimize adverse
effects on transportation, natural resources, public facilities and services,
nearby urban areas and nearby farm and forest uses; and
(c) Designed so that new development
authorized in a receiving area as a result of the transferred development
rights will not conflict with:
(A) Significant
Goal 5 resources, including natural, scenic, and historic resources, open
spaces and other resources and resource areas inventoried in accordance with
Goal 5 and OAR chapter 660, division 23 or OAR chapter 660, division 16;
or
(B) Areas identified as
conservation opportunity areas in the Oregon Department of Fish and Wildlife's
2006 "Oregon Conservation Strategy."
Stat. Auth.: ORS
197.040
Stats. Implemented: 2009 OL Ch 636, ¦ 6
