1. (1) The SHPO must rely on the expertise of staff meeting that National Park Service’s professional qualifications in making program decisions.

2. (2) The SHPO may approve a local landmark commission that meets the definition in OAR 736-050-0105(3) for conducting historic resource review for historic property participating in the Special Assessment Program for Historic Property.

   1. (a) Local governments participating in the federal Certified Local Government (CLG) program and in compliance with the CLG program requirements are approved by the SHPO and must carry out the provisions of this division as described in ORS 358.500 unless the governing body or a delegated authority requests in writing that the SHPO conducts historic resource review for the Special Assessment Program for Historic Property on behalf of the local government as provided in subsection (e).
   2. (b) The governing body of a local government not participating in the CLG program may apply in writing to the SHPO for approval to carry out the provisions of ORS 358.500 and this rule. The local landmark commission must meet the definition provided in OAR 736-050-0105(3). The governing body of a local government not participating in the CLG program or a delegated authority may request in writing that the SHPO conducts historic resource review for historic property enrolled in the Special Assessment Program for Historic Property at any time as provided in subsection (e).
   3. (c) A governing body may not select historic properties participating in the Special Assessment Program for Historic Property for historic resource review on a case-by-case basis, but may request SHPO approval to participate in the Special Assessment Program for Historic Property in writing at any time, subject to the conditions of approval provided in this section.
   4. (d) Review of proposed work described in the Preservation Plan by the governing body and local landmark commission is limited to the authority granted in the governing body’s historic preservation ordinance as provided in ORS 358.500(4)(a)(B).
   5. (e) The SHPO must assume responsibility for conducting historic resource review for the Special Assessment Program for Historic Property when a governing body or a delegated authority requests in writing that the SHPO assume responsibility for the administration of the Special Assessment Program for Historic Property as provided in ORS 358.500(4)(a)(C),
   6. (f) The owner of specially assessed historic property must comply with all state and local land use processes and laws and meet all requirements for participation in the Special Assessment Program for Historic Property or be subject to removal from the program as provided in OAR 736-050-0135 when the SHPO has not approved a governing body or local landmark commission for participation in the Special Assessment Program for Historic Property.
3. (3) An owner must apply in writing on forms provided by the Oregon SHPO and the governing body and local landmark commission for review and receive from the SHPO and governing body or local landmark commission written approval before undertaking any work on specially assessed historic property.
4. (4) The owner must provide additional material as required by the Oregon SHPO and the governing body and local landmark commission, including photos, drawings, product and work descriptions, and any other necessary materials for the administration of the Special Assessment Program for Historic Property.
5. (5) The SHPO, governing body and local landmark commission evaluate each proposed change to a specially assessed historic property on a case-by-case basis, considering the historic property’s character-defining features as they relate to its historic significance described in the National Register of Historic Places nomination form. If a nomination form is unavailable or lacks sufficient detail, the SHPO must define the property’s character-defining features in writing and provide its findings to the owner, governing body, and local landmark commission.
6. (6) The owner must submit to the governing body and local landmark commission the SHPO-approved Preservation Plan and the SHPO’s written approval for the Preservation Plan when applying for local land use permits. Applications for local land use permits must conform with the work described in the Preservation Plan. The SHPO may deny approval for any work approved by a governing body or local landmark commission or amendment to a Preservation Plan when the owner-submitted local land use application does not accurately reflect the work described in the SHPO approved Preservation Plan.
7. (7) The owner must submit all amendments to the Preservation Plan to the SHPO for approval prior to applying for local land use permits. The owner must amend the Preservation Plan when the work approved by the governing body or local landmark commission differs from the SHPO approved Preservation Plan within 30 days of receiving approval from the governing body or local landmark commission.
8. (8) The governing body or local landmark commission must provide the SHPO with a 14-day comment period and document in writing their decision, including response to the SHPO’s recommendations, with justification for accepting or rejecting the SHPOs recommendations. The SHPO’s comments and the governing body and local landmark commission’s response must be included in the public record. The SHPO must accept the decision of governing body or local landmark commission and amend the Preservation Plan at the request of the owner when the governing body or local landmark commission meets the definition provided in OAR 736-050-0105(3) and provided notice and an opportunity for the SHPO to comment as required in ORS 358.500(5)(a) and as provided in this section.
9. (9) A governing body and local landmark commission’s approval is invalid as provided in ORS 358.500(5)(b) if the governing body and local landmark commission do not provide the SHPO with an opportunity to comment, do not meet the requirements of section (8), or if the SHPO determines that the body failed to comply with local ordinances or state land-use laws. The SHPO must document its findings in writing and provide them to the owner, governing body, and local landmark commission.
10. (10) An owner may apply to the SHPO to amend a Preservation Plan at any time. An amendment to the Preservation Plan allowed in one instance is not justification for similar amendments for the same or similar specially assessed historic property. The SHPO must notify the owner, county assessor, governing body, and local landmark commission in writing of the decision to approve or deny an amendment to the Preservation Plan within 30 days of receiving an owner’s request to amend the Preservation Plan.

Statutory/Other Authority

ORS 358.545

Statutes/Other Implemented

ORS 358.487, 358.490 & 358.565

History

PRD 10-2025, amend filed 09/22/2025, effective 09/29/2025
PRD 4-2010, f. & cert. ef. 2-3-10
PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
PRD 3-2006, f. & cert. ef. 5-8-06
PRD 4-2002, f. & cert. ef. 4-10-02
PR 11-1995, f. & cert. ef. 12-21-95
PR 2-1992, f. & cert. ef. 5-1-92
PR 7-1984, f. & ef. 12-6-84