Or. Admin. R. 660-029-0030 - Sending Properties
(1) A
county may only designate sending properties consisting of M49 properties:
(a) For which new dwellings have been
authorized by a M49 final determination;
(b) That have lawful access; and
(c) That are located:
(A) Within a zone or overlay zone adopted
pursuant to Goals 3, 4, 15, 16, 17 or 18;
(B) Within a zone or overlay zone explicitly
adopted for conservation or preservation of natural areas pursuant to Goals 5
or 8; or
(C) In an area identified
in OAR 660-029-0040(3)(b) through (e).
(2) Sending properties exclusions:
Notwithstanding section (1), a county may designate areas or types of M49
properties that are not eligible as sending properties because the M49 property
is not buildable or for other reasons. If a county excludes some M49
properties, it shall either:
(a) Include
mapping of such excluded lands in the ordinance establishing the TDC system; or
(b) Adopt clear and objective
standards in the ordinance for case-by-case determinations of sending area
exclusions through a ministerial review.
Notes
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336; 2007 OL, ch. 424
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