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DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
DIVISION 29
MEASURE 49 TRANSFER OF DEVELOPMENT
CREDITS SYSTEMS
660-029-0000
Purpose
In 2007, Oregon voters approved Measure
49 (M49), which authorized certain property owners to develop additional home sites.
M49 also authorized counties to establish a system for the purchase and sale of
severable development interests (known as transferable development credits or TDCs)
for the purpose of allowing development to occur in a location that is different
from the location in which the M49 development interest arises (Oregon Laws 2007,
chapter 424, subsection 11(8) and ORS 94.531). The purpose of this division is to
provide a framework for counties to adopt local ordinances to establish these systems.
These systems may enable landowners to realize the value of their M49 authorizations
without developing the property from which the claims arose. These systems may allow
landowners, on a voluntary basis, to transfer their development interests under
M49 from one property to another property at a more suitable location, reducing
the adverse impact of scattered M49 residential development on farm, forest and
other resource land.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist. LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0010
Definitions
For purposes of this division, the definitions
contained in ORS 197.015 and the Statewide Land Use Planning Goals (OAR chapter
660, division 15) apply. In addition, the following definitions apply:
(1) “Conservation easement”
has the meaning provided in ORS 271.715.
(2) “Measure 49”
or “M49” means Oregon Laws 2007, chapter 424 (Ballot Measure 49); Oregon
Laws 2009, chapter 855 (also known as House Bill 3225); Oregon Laws 2010, chapter
8 (also known as Senate Bill 1049); Oregon Laws 2011, chapter 612 (also known as
House Bill 3620) and OAR 660-041-0000 to 660-041-0180.
(3) “Measure 49 Property”
or “M49 property” means the entire property authorized for home site
development as described either:
(a) In the final order issued
by the Department of Land Conservation and Development (department) for the supplemental
review of Measure 37 claims pursuant to Measure 49; or
(b) In a court order issued
upon judicial review of a department M49 order described in subsection (a).
(4) “Receiving area”
means a county-designated area of land to which a holder of development credits
generated from a sending property may transfer the development credits and within
which additional residential uses not otherwise allowed are allowed by reason of
the transfer.
(5) “Sending property”
means a M49 property that qualifies under OAR 660-029-0030, from which development
credits generated from forgone M49 home site development are transferable, for residential
uses not otherwise allowed, to a receiving area.
(6) “Substantially developed
subdivision” means a legal subdivision created prior to acknowledgment of
the county comprehensive plan under ORS 197.251 in which more than 50 percent of
the lots are developed with a dwelling and at least 50 percent of the undeveloped
lots are adjacent to a developed lot.
(7) “Transferable development
credit” or “TDC” means a severable development interest in real
property that can be transferred from a sending property to a lot, parcel or tract
in a receiving area.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336
& 197.015; 2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0020
County Authority to Establish a M49
TDC System
Counties may establish a system, consistent
with this division, to allow for the creation and transfer of TDCs from M49 properties.
Counties that choose to adopt a M49 TDC system shall:
(1) Adopt a local ordinance
that meets the requirements of this division; and
(2) Amend the comprehensive
plan and implementing ordinances to:
(a) Designate M49 properties
that are eligible sending properties as provided in OAR 660-029-0030;
(b) Establish bonus credits,
if any, that will apply to certain sending properties as provided in OAR 660-029-0040;
(c) Designate receiving areas
or create a process for property owners to apply for designation of lands as receiving
areas, as provided in OAR 660-029-0080;
(d) Adopt any applicable overlay
zones or other measures necessary to implement the TDC system; and
(e) Determine whether the TDC
system will provide for transfer to other counties in the region, as provided in
OAR 660-029-0100.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
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.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0040
Calculation and Types of Transferable
Development Credits
When an applicant submits an application
to a county under OAR 660-029-0050, the county shall determine the number of credits
that may be transferred from the applicable M49 property consistent with this rule.
(1) One credit is available
for each new dwelling authorized in the M49 final order issued by the department,
subject to the conditions of approval, court order, or both.
(2) A county may grant bonus
credits as provided in section (3) as an additional incentive to relocate potential
development from M49 properties that are a high priority for conservation. Bonus
credits may only be granted if the M49 property meets all of the requirements in
subsections (a) through (c) below.
(a) The M49 property is within
a zone or overlay zone described in OAR 660-029-0030(1)(c)(A) or (B);
(b) No dwellings authorized
by M49 have been developed on the M49 property. A M49 property with one existing
permanent dwelling as of January 1, 2005, may qualify for bonus credits; and
(c) The M49 property in its
entirety is subject to a conservation easement or restrictive covenant that prohibits
future development in accordance with OAR 660-029-0060.
(3) A county may grant a bonus
of up to 0.2 credits for each subsection (a) through (e) for which the M49 property
qualifies, regardless of the number of specific attributes listed under each subsection.
Bonus credits may be applied to each M49 dwelling authorization transferred. The
bonus allowed in this section may not exceed an additional 1.0 credit per dwelling.
(a) The M49 property is high-value
farmland or high-value forestland as defined in ORS 195.300 and OAR 660-041-0130.
(b) Recreational and Cultural
Areas:
(A) Any portion of the M49 property
is within a scenic, historic, cultural or recreational resource identified as significant
on a local inventory as part of an acknowledged comprehensive plan or land use regulation.
(B) Any portion of the M49 property
is within or shares a boundary with a National Park, National Monument, National
Recreation Area, National Seashore, National Scenic Area, Federal Wild and Scenic
River and associated corridor established by the federal government, State Scenic
Waterway, State Park, State Heritage Area or Site, State Recreation Area or Site,
State Wayside, State Scenic Viewpoint, State Trail, or State Scenic Corridor.
(c) Environmentally Sensitive
Areas:
(A) Any portion of the M49 property
is within an area designated as Willamette River Greenway, estuarine resources,
coastal shoreland, or beaches and dunes designated in an acknowledged comprehensive
plan or land use regulation implementing Goals 15 to 18.
(B) Any portion of the M49 property
is within or shares a boundary with a National Wilderness Area, National Area of
Critical Environmental Concern, National Wildlife Refuge or Area, Federal Research
Natural Area, National Outstanding Natural Area, State Wildlife Area, State Natural
Area or Site, or a natural area or open space identified as significant on a local
inventory as part of an acknowledged comprehensive plan or land use regulation as
specified in OAR 660-023-0160 and 660-023-0220.
(C) Any portion of the M49 property
is within an area designated by the Oregon Department of Fish and Wildlife (ODFW)
as a Conservation Opportunity Area as mapped in 2006.
(D) Any portion of the M49 property
is within or shares a boundary with a riparian corridor adopted in an acknowledged
comprehensive plan as provided in OAR 660-023-0090, or if the local government has
not adopted an inventory of riparian corridors, then the riparian corridors defined
using the safe harbor provided in OAR 660-023-0090(5).
(E) Any portion of the M49 property
is within a wetland that is:
(i) Identified as significant
or special interest for protection on a local wetland inventory or other inventory
as provided in OAR chapter 141, division 86 or a wetland conservation plan approved
by Division of State Lands (DSL);
(ii) A Wetland of Conservation
Concern (formerly Special Area of Concern) as designated by DSL;
(iii) In the Wetland Reserve
Easement Program of the Natural Resources Conservation Service (NRCS);
(iv) Identified on the Oregon’s
Greatest Wetlands map or GIS layer by The Wetlands Conservancy as of January 1,
2015;
(v) Identified on the Wetland
Priority Sites map or GIS layer by Oregon State University and The Wetlands Conservancy
as of January 1, 2015;
(vi) Has a conservation value
of 50 or greater as rated on The Wetlands Conservancy and Institute of Natural Resources
Wetlands Conservation Significance map or GIS layer as of January 1, 2015; or
(vii) Designated as locally
significant in an inventory adopted as part of an acknowledged comprehensive plan
or land use regulation as provided in OAR 660-023-0100.
(d) Natural Hazard Areas:
(A) The M49 property is predominantly
within the “XXL 1 Tsunami Inundation” zone delineated on the Tsunami
Inundation Maps published by the Oregon Department of Geology and Mineral Industries
in 2014.
(B) Any portion of the M49 property
is within a Special Flood Hazard Area or floodway on the Flood Insurance Rate Maps
adopted by a county or on a preliminary map with a Letter of Final Determination
(LFD) issued by the Federal Emergency Management Agency, whichever is most recent.
(C) The M49 property is predominantly
within an area composed of either or both:
(i) A fire hazard rating of
“Very High: 2.2+” on the “Community at Risk: Hazard Rating”
map published by the Oregon Department of Forestry (ODF) on October 1, 2006; or
(ii) A fire hazard rating of
“High: 1.9-2.1” on the “Community at Risk: Hazard Rating”
map published by ODF on October 1, 2006 and that is outside of a local public fire
protection district or agency.
(D) The M49 property is predominantly
within a landslide deposit or scarp flank on the Statewide Landslide Information
Database for Oregon (SLIDO) Release 3.2 Geodatabase published by the Oregon Department
of Geology and Mineral Industries (DOGAMI) December 29, 2014, provided the deposit
or scarp flank is from a data source mapped at a scale of 1:40,000 or finer.
(E) The M49 property is predominantly
within an area designated as a natural hazard in an acknowledged comprehensive plan
or land use regulation.
(e) The M49 property is predominantly
within an area designated as a critical ground water area or as a ground water limited
area by the Oregon Water Resources Department or Water Resources Commission before
January 1, 2015, unless water can be provided by an existing community or public
water system.
(4) If a M49 property qualifies
for bonus credits under sections (2) and (3), a county may additionally grant bonus
credits based on the size of the property protected from development as follows:
(a) Fewer than 80 acres: No
additional credit
(b) 80 acres or more, and fewer
than 120 acres: 0.2 credits;
(c) 120 acres or more, and fewer
than 160 acres: 0.4 credits;
(d) 160 acres or more, and fewer
than 200 acres: 0.6 credits;
(e) 200 acres or more, and fewer
than 240 acres: 0.8 credits;
(f) 240 acres or more: 1.0 credit.
(5) A TDC system adopted by
Clackamas, Multnomah, or Washington County must establish two types of credits.
(a) TDCs from sending properties
within a rural reserve designated under OAR 660-027-0020(2) shall be known as type
A credits and may be used in any receiving area.
(b) TDCs from sending properties
outside rural reserves designated under OAR 660-027-0020(2) shall be known as type
B credits and may only be used in receiving areas outside of rural reserves.
(6) A TDC system adopted by
Douglas or Lane County must establish two types of credits.
(a) TDCs from sending properties
within the Oregon Coastal Zone as defined in OAR 660-035-0010(1) shall be known
as type A credits and may be used in any receiving area.
(b) TDCs from sending properties
outside of the Oregon Coastal Zone shall be known as type B credits and may only
be used in receiving areas outside of the Oregon Coastal Zone.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0050
Process for Creating Transferable
Development Credits
(1) An applicant may apply to a county
that has established a M49 TDC system under OAR 660-029-0020 to convert dwelling
authorizations under M49 into TDCs. The county shall evaluate the application based
on the locally-adopted M49 TDC ordinance and this division to determine whether
the dwelling authorizations under M49 are eligible for conversion to TDCs, and how
many credits will be created, including any bonus credits.
(2) When a county preliminarily
approves an application, the county will:
(a) Send notice to the department,
including the application, the preliminary approval, any proposed restrictive covenant
and any proposed conservation easement; and
(b) Request an Amended Final
Order and TDC certificates from the department.
(3) The department will review
the county request and determine its consistency with this division. If consistent,
the department will:
(a) Issue an Amended Final Order
documenting the number of dwelling authorizations under M49 that have been converted
to TDCs and the number that remain; and
(b) Issue the applicable number
of TDC certificates to the county.
(4) If an applicant applies
to convert dwelling authorizations under M49 to TDCs from a property that has already
been divided pursuant to M49, then the partition or subdivision must be vacated
by the county prior to final approval.
(5) If an applicant receives
preliminary approval for bonus credits under OAR 660-029-0040, the applicant must
convey a conservation easement or place a restrictive covenant on the property that
meets the requirements of OAR 660-029-0060, record it with the county clerk and
provide a copy to the county, prior to final approval.
(6) The Amended Final Order
must be recorded in the deed records of the county.
(7) When all of the requirements
of this rule have been met, the county shall give final approval, issue the TDC
certificates to the applicant and provide the complete record of the decision to
the department.
(8) The county will keep a permanent
record of amended final orders, vacations, restrictive covenants and conservation
easements that apply to M49 sending properties to ensure that unauthorized development
does not occur.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0060
Protection of Sending Properties
(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
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0070
Conveyance of TDC Ownership
(1) Prior to conveying ownership of a TDC,
the owner of the TDC must submit notice of the conveyance to the department, using
an online form provided by the department.
(2) On receipt of a notice of
conveyance, the department shall acquire verification of the conveyance from the
previous owner.
(3) Conveyance of a TDC is a
conveyance for the purposes of Oregon Laws 2007, chapter 424, subsection 11(6),.
Upon transfer of the TDC to a person other than the spouse of the owner who obtained
the authorization or the trustee of a revocable trust in which the owner who obtained
the authorization is the settlor, the person receiving the TDC must use the TDC
within 10 years of the conveyance. If the M49 property was conveyed prior to creation
of the TDCs, the owner must use the TDCs within 10 years of the first conveyance.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0080
Designation of Receiving Areas
A county may only designate receiving areas
as provided in sections (1) and (2) of this rule, subject to the limitations of
sections (3) and (4).
(1) Rural Residential exceptions
areas may be designated as receiving areas. A local TDC system may authorize a higher
density of residential development on all or portions of such areas than is allowable
by OAR 660-004-0040, as provided in OAR 660-029-0090(2).
(2) Substantially developed
subdivisions in areas that are planned and zoned for farm or forest use outside
rural reserves may be designated as receiving areas. A local TDC system may authorize
residential development not otherwise allowable in the underlying farm or forest
zone, provided:
(a) The subdivision was approved
prior to January 1, 1985;
(b) All existing lots in the
subdivision are five acres or smaller if the property is in western Oregon as defined
in ORS 321.257 or 10 acres or smaller if the property is in eastern Oregon as defined
in ORS 321.805;
(c) At least 50 percent of the
lots in the subdivision are developed with a dwelling and at least 50 percent of
the undeveloped lots are adjacent to a developed lot;
(d) One dwelling per lot is
permitted, with no new land divisions allowed; and
(e) The county approves a reasons
exception pursuant to OAR chapter 660, division 4.
(3) Receiving areas must:
(a) Meet the requirements of
ORS 215.296; and
(b) Be selected so as to minimize
conflicts with nearby commercial agricultural and forest operations. Methods for
the county to minimize conflicts may include but are not limited to:
(A) Minimizing the selection
of receiving areas that are adjacent to high-value farmland; and
(B) Restricting increases in
allowed density to the interior of applicable exceptions areas.
(4) Receiving areas may not
include any land:
(a) That meets the conditions
in OAR 660-029-0040(3)(b) through (e), except that the term “M49 property”
is replaced with “land”;
(b) That is a sending property
designated as provided in OAR 660-029-0010;
(c) Within urban reserves designated
under OAR chapter 660, divisions 21 or 27;
(d) Within 100 feet of a riparian
corridor as provided in OAR 660-029-0040(3)(c)(D);
(e) Within 100 feet of a wetland
as provided in OAR 660-029-0040(3)(c)(E) or subject to state jurisdiction as determined
by DSL as provided in OAR chapter 141, divisions 85, 89, 90 and 102;
(f) Within any significant Goal
5 resource site documented and adopted by a local government as a part of a comprehensive
plan or land use regulation as defined in OAR 660-023-0010(9);
(g) Within one mile of the “XXL
1 Tsunami Inundation” zone delineated on the Tsunami Inundation Maps published
by DOGAMI in 2014;
(h) Within a Special Flood Hazard
Area or within an area mapped as “shaded X” or designated “500
year flood plain” on the Flood Insurance Rate Maps adopted by a county or
on a preliminary map with a Letter of Final Determination (LFD) issued by the Federal
Emergency Management Agency, whichever is most recent;
(i) Within an area of five acres
or greater with a fire hazard rating of “High: 1.9-2.1” or “Very
High: 2.2+” as designated on the “Community at Risk: Hazard Rating”
map published by ODF on October 1, 2006;
(j) Within an area in which
a detailed geotechnical report would be required to site a dwelling as specified
in the acknowledged comprehensive plan or land use regulation;
(k) Within a landslide deposit
or scarp flank on the SLIDO Release 3.2 Geodatabase published by DOGAMI on December
29, 2014, provided the deposit or scarp flank is from a data source mapped at a
scale of 1:63,500 or finer; or
(l) Within an area designated
as a natural hazard in an acknowledged comprehensive plan or land use regulation.
(5) A county may exclude any
additional land from receiving areas.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0090
Process for Using Transferable Development
Credits
(1) A person who proposes to use TDCs within
a receiving area shall submit an application to the county accompanied by TDC certificates
sufficient to permit the proposed development.
(2) If TDCs are used in a rural
residential receiving area under the provisions of OAR 660-029-0080(1), then the
lot or parcel may be divided to site the additional dwelling or dwellings. The lots
or parcels resulting from the division must have sufficient area within the receiving
area for the dwelling and all supporting infrastructure. New lots or parcels may
be as small as five acres in all cases. New lots or parcels may be smaller than
five acres if the proposed size is equal to or greater than the average size of
lots and parcels within exception areas within one-half mile of the edge of the
subject property. The new lots or parcels may not be smaller than two acres in any
case.
(3) If an applicant proposes
to use a TDC on a lot or parcel that is partially within the receiving area and
partially outside of the receiving area, then the dwelling and all supporting infrastructure
authorized by the TDC must be located entirely within the receiving area.
(4) The county shall evaluate
the application based on the locally-adopted TDC ordinance and the provisions of
this division in order to determine the type and number of credits that are required
to be submitted. Based on this evaluation, the county may preliminarily approve
the application and shall request verification from the department of the type and
number of credits that belong to the applicant, using an online form provided by
the department.
(5) The department shall verify
the type and number of credits that belong to the applicant.
(6) Following department verification,
the county may approve the application and shall notify the department within 30
days of any approval.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0100
Interjurisdictional Transfer of Development
Credits
(1) Counties may enter into cooperative
agreements under ORS chapter 195 to establish a system for the transfer of TDCs
between the counties that are parties to the agreement, subject to the limitations
in section (2).
(2) TDCs may only be transferred
within the regions described below:
(a) Metro, including Clackamas,
Multnomah and Washington counties.
(b) Willamette Valley, including
Benton, Linn, Marion, Polk and Yamhill counties, and that portion of Lane County
outside of the Coastal Zone defined in OAR 660-035-0010(1).
(c) Coastal, including Clatsop,
Columbia, Coos, Curry, Lincoln and Tillamook counties and those portions of Douglas
and Lane counties in the Coastal Zone defined in OAR 660-035-0010(1).
(d) Southern, including Jackson
and Josephine counties, and that portion of Douglas County outside the Coastal Zone
defined in OAR 660-035-0010(1).
(e) Central, including Crook,
Deschutes, Hood River, Jefferson, Klamath and Wasco counties.
(f) Eastern, including Baker,
Gilliam, Grant, Harney, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa
and Wheeler counties.
(3) Interjurisdictional TDC
programs that involve two types of credits may authorize the transfer of credits
to another jurisdiction within the same region, in accordance with this rule and
the provisions of OAR 660-029-0040(5) and (6).
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0110
TDC Bank Option
A county or regional or state agency may
establish a TDC bank to facilitate:
(1) Buying TDCs from M49 sending
properties;
(2) Selling TDCs for potential
use in receiving areas;
(3) Managing funds available
for the purchase and sale of TDCs;
(4) Serving as a clearinghouse
and information source for buyers and sellers of TDCs; and
(5) Accepting donations of TDCs
from M49 sending properties.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
660-029-0120
Amending or Abolishing a TDC System
If a county amends or abolishes a TDC system,
the county shall notify the owners of all TDCs that have not been used. The county
must allow at least 12 months for an owner of TDCs to use them under the prior system.
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 195.300-195.336;
2007 OL, ch. 424
Hist.: LCDD 3-2015, f. &
cert. ef. 4-27-15
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