Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 29 - Oregon State Archives
Section 660-029-0060 - Protection of Sending Properties

Universal Citation: OR Admin Rules 660-029-0060

Current through Register Vol. 63, No. 9, September 1, 2024

(1) To qualify for bonus credits under OAR 660-029-0040, the M49 property must be permanently restricted from future development or land division for any purpose other than:

(a) Farm use as defined in ORS 215.203;

(b) Agricultural buildings as defined in ORS 455.315;

(c) Replacement dwellings as provided in OAR 660-033-0130(8) and 660-006-0025(3)(p);

(d) Farm stands as provided in OAR 660-033-0130(23);

(e) Forest operations as defined in OAR 660-006-0005;

(f) Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources;

(g) Conservation areas or natural resource uses that do not require a land use decision; and

(h) Home occupations as provided in OAR 660-033-0120, OAR 660-006-0025(4)(s) and local regulations.

(2) If the M49 property is fewer than 20 acres, then the restriction required by section (1) may be accomplished by either a restrictive covenant or a conservation easement.

(3) If the M49 property is 20 acres or more, then the restriction required in section (1) must be accomplished by a conservation easement conveyed to a willing holder identified in ORS 271.715(3). Exception: The restriction required by section (1) on a M49 property 20 acres or more may be accomplished with a restrictive covenant if the county provides notice to the department 60 days prior to final approval, and no eligible holder has been found to accept a conservation easement.

(4) A restrictive covenant must:

(a) Be reviewed by the department for compliance with this rule as provided in OAR 660-029-0050;

(b) Authorize the county and the department to independently enforce the restrictive covenant;

(c) Be accompanied by a title search and a legal description of the property sufficient to determine all owners of the property and all lienholders; and

(d) Be recorded in the deed records for the county in which the M49 property is located.

(5) A conservation easement must:

(a) Be reviewed by the department for compliance with this rule as provided in OAR 660-029-0050;

(b) Authorize the department to independently enforce the conservation easement;

(c) Be accompanied by a title search and a legal description of the property sufficient to determine all owners of the property and all lienholders; and

(d) Be recorded in the deed records for the county in which the M49 property is located.

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.300-195.336; 2007 OL, ch. 424

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.