1. (1) A county may only designate sending properties consisting of M49 properties:

   1. (a) For which new dwellings have been authorized by a M49 final determination;
   2. (b) That have lawful access; and

   3. (c) That are located:

      1. (A) Within a zone or overlay zone adopted pursuant to Goals 3, 4, 15, 16, 17 or 18;
      2. (B) Within a zone or overlay zone explicitly adopted for conservation or preservation of natural areas pursuant to Goals 5 or 8; or
      3. (C) In an area identified in OAR 660-029-0040(3)(b) through (e).

2. (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:

   1. (a) Include mapping of such excluded lands in the ordinance establishing the TDC system; or
   2. (b) Adopt clear and objective standards in the ordinance for case-by-case determinations of sending area exclusions through a ministerial review.

Statutory/Other Authority

ORS 197.040

Statutes/Other Implemented

ORS 195.300-195.336; 2007 OL & ch. 424

History

LCDD 3-2015, f. & cert. ef. 4-27-15