1. (1) The SHPO may conduct a continuing qualification review for a specially assessed historic property by its own initiative or at the request of the county assessor, governing body, or local landmark commission as provided in ORS 358.509.
2. (2) The SHPO will contact the owner to determine the merits of the concerns.
3. (3) If the governing body or local landmark commission approves alterations to the historic property in accordance with ORS 358.500(4) and those changes are part of the SHPO-approved Preservation Plan, then the SHPO will neither disqualify the property, nor investigate further. The SHPO may remove a historic property when the governing body does not meet the provisions of OAR 736-050-0125(8) and (9).

4. (4) If the SHPO believes that further investigation is warranted, the SHPO will contact the owner by certified letter and request a report as authorized by ORS 358.500(2), and, if deemed appropriate, a site inspection as authorized by ORS 358.500(3). The letter must include:

   1. (a) Property identification;
   2. (b) Reason for request of information; and
   3. (c) Request for a detailed response.
5. (5) The owner must submit a written response to the SHPO within 30 days of receiving the certified letter that addresses all identified issues. Failure to respond or fully address the issues may result in disqualification from the Special Assessment Program for Historic Property.

6. (6) The SHPO must respond to the owner’s report in writing within 60 calendar days from receiving a request for or initiating a continuing qualification review as provided in ORS 358.509 with one of the following determinations:

   1. (a) The historic property continues to qualify for participation in the Special Assessment Program for Historic Property;
   2. (b) The historic property continues to qualify for participation in the Special Assessment Program for Historic Property with conditions; or
   3. (c) The historic property no longer qualifies for participation in the Special Assessment Program for Historic Property.
7. (7)  The SHPO must notify the owner in writing by certified letter of the conditions for continued participation in the Special Assessment Program for Historic Property and how the owner must demonstrate compliance with the conditions. An owner must comply with the conditions within 90 days from the date of the SHPO’s written notice. The SHPO may remove the historic property from the Special Assessment Program for Historic Property if the conditions are not met.
8. (8) The SHPO must provide the written finding of the continuing qualification review determination and any conditions for continued participation in the Special Assessment Program for Historic Property to the county assessor, the governing body, and local landmarks commission.

9. (9) The SHPO may remove a historic property from the Special Assessment Program for Historic Property when:

   1. (a) The historic property becomes disqualified for special assessment as provided in ORS 358.515(1)(a) to (k);
   2. (b) Alterations to the historic property result in the property losing the characteristics that made it eligible for listing in the National Register and the property is removed from the National Register;
   3. (c) Noticeable deterioration of a historic property or failure to maintain the property in good condition as provided in OAR 736-050-0120(1);
   4. (d) Failure to complete rehabilitation or other work required in the Preservation Plan during the period designated, unless otherwise amended; or
   5. (e) An owner does not respond to requests from the SHPO for additional information related to the administration of the Special Assessment Program for Historic Property by providing the required information within the specified time. An owner’s failure to respond resulting from not providing the SHPO current contact information as described in OAR 736-050-0120(2) does not relieve an owner of the requirement to respond to the SHPO’s request for information.
10. (10) The SHPO must provide an owner 30 days’ notice prior to removing a historic property from the Special Assessment Program for Historic Properties and provide information on the appeal process at the time of notice.
11. (11) An owner is responsible for all taxes, penalties, interest, fees, professional services, and all other costs resulting from the removal of a property from the Special Assessment Program for Historic Property.

Statutory/Other Authority

ORS 358.545

Statutes/Other Implemented

ORS 358.500, ORS 358.509, ORS 358.515 & ORS 358.525

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