| Landowner Notification |
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| History of The Program |
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In the November 1998 general election, Oregon voters approved Ballot Measure 56 (BM 56). The measure requires cities and counties to provide affected property owners with notice of a change in zoning classification; adoption or amendment of a comprehensive plan; or adoption or change of an ordinance in a manner that limits or prohibits previously allowed uses.
The measure also requires the Department of Land Conservation and Development (DLCD) to notify cities and counties when the legislature enacts a new law or the department adopts a new administrative rule that limits or prohibits otherwise permissible land uses.
A two-step notification is required whenever a change results in state planning laws or rules that might cause property to be rezoned. The state, through DLCD, must first notify every local government about a change, and then the local government must mail a copy of DLCD’s notice to every landowner whose property might be ´rezoned.´ Each local government is required to make a decision about whether to mail the notice to any of the landowners in its jurisdiction, and if so, which ones. ´Rezoning´ occurs when the governing body of a county or city: “Changes base zoning classifications of the property; OR adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.”
DLCD is required to reimburse local governments for all usual and reasonable costs of providing notice prompted by state action. Additionally, the law stipulates the content of the written individual notice to landowners.
In the 2003 legislative session, legislators passed Senate Bill 516 (SB 516), modifying the notice requirements of BM 56. Provisions of SB 516 include an increase of state and local jurisdiction notice time. It also changes certain wording in the notice to landowners. SB 516 became effective Jan. 1, 2004.
A review of changes (pdf) effected by SB 516 is provided here.
DLCD´s contact on landowner notification is Gail Churchill, 503-373-0050 x267.
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| Guide for Local Governments |
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SB 516 specifies a dual system of paying for the mailing of notices to landowners whose property may be affected:
- If the local government initiates the rezoning, the local government does the mailing and pays for it.
- If the rezoning is state-initiated by a requirement of periodic review OR by a new or amendment to administrative rule or statute, then the local government does the mailing and DLCD "shall reimburse the local government for all actual and reasonable costs of providing notice."
The required form and a memo describing reimbursement procedures are provided here.
A review of changes (pdf) effected by SB 516 is provided here.
Attorney General memo to DLCD (pdf) provides information concerning implementation of Measure 56 (SB516) for the state and local jurisdictions.
Administrative Rule text links to the DLCD website rules page.
For legal questions, please contact your local legal counsel. Questions regarding reimbursements or requests for additional reimbursement forms should be directed to Gail Churchill at 503-373-0050 x267.
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| DLCD Notices |
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Most Recent Official DLCD Notice: House Bill 3540/Measure49 (pdf) notifies the city and county planning departments of 2007 Ballot Measure 49, that modifies ORS 197.352 and may limit or prohibit uses that otherwise would have been permissible under Measure 37. A memo (pdf) to planning directors is also provided.
Other Official DLCD Notices: Text of the following notices: HB 3375 (pdf), Goal 17 (pdf), SB 12 (pdf), and HB 3571 (pdf). Rural Residential Rule: OAR 660-004-0040 (pdf), House and Senate Bills (A) HB 3173, HB 3326, HB 3924, SB 212, SB 928 (pdf) and (B) HB 3173, HB 3326, HB 3924, SB 212 (pdf) notifies the city and county planning departments of new state laws applying to Exclusive Farm Use zones. Memo (pdf) to planning directors also provided.
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| Resources |
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