1. (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:

   1. (a) Farm use as defined in ORS 215.203;
   2. (b) Agricultural buildings as defined in ORS 455.315;
   3. (c) Replacement dwellings as provided in OAR 660-033-0130(8) and 660-006-0025(3)(p);
   4. (d) Farm stands as provided in OAR 660-033-0130(23);
   5. (e) Forest operations as defined in OAR 660-006-0005;
   6. (f) Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources;
   7. (g) Conservation areas or natural resource uses that do not require a land use decision; and
   8. (h) Home occupations as provided in OAR 660-033-0120, 660-006-0025(4)(s) and local regulations.
2. (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. (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. (4) A restrictive covenant must:

   1. (a) Be reviewed by the department for compliance with this rule as provided in OAR 660-029-0050;
   2. (b) Authorize the county and the department to independently enforce the restrictive covenant;
   3. (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
   4. (d) Be recorded in the deed records for the county in which the M49 property is located.

5. (5) A conservation easement must:

   1. (a) Be reviewed by the department for compliance with this rule as provided in OAR 660-029-0050;
   2. (b) Authorize the department to independently enforce the conservation easement;
   3. (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
   4. (d) Be recorded in the deed records for the county in which the M49 property is located.

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