1. (1) Measure 37 Claim Property is high-value farmland as described in ORS 195.300(10) if:

   1. (a) The Measure 37 Claim Property meets the criteria in ORS 195.300(10)(a) or (b), or both ORS 195.300(10)(a) and (b);
   2. (b) All of the Measure 37 Claim Property meets the criteria in ORS 195.300(10)(c);
   3. (c) The Measure 37 Claim Property is greater than five acres in size and all of the Measure 37 Claim Property is planted in wine grapes, as provided by ORS 195.300(10)(d); or
   4. (d) All of the Measure 37 Claim Property meets the criteria in ORS 195.300(10)(e) or (f), or both ORS 195.300(10)(e) and (f).
2. (2) Measure 37 Claim Property is high-value forestland if it meets the criteria in ORS 195.300(11).
3. (3) To determine the cubic foot potential of Measure 37 Claim Property and whether it is high-value forestland as described in ORS 195.300(11), DLCD will use soil survey information from the U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS), unless other information or data are made a part of the record for the Supplemental Review, in which case DLCD will consider such information or data along with any pertinent NRCS information.

Statutory/Other Authority

ORS 197.040, 197.065 & 2007 OL Ch. 424

Statutes/Other Implemented

ORS 195.300 - 195.336, 197.015, 197.040, 197.065, 197.353 & 2007 OL Ch. 424

History

LCDD 4-2008, f. & cert. ef. 5-23-08