| 2009-11 Rulemaking |
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| 2009-11 Rulemaking Projects |
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Link to LCDC's 2009-11 Policy Agenda
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November 9, 2009
Rulemaking Regarding the Metolius River Basin Area of Critical State Concern
House Bill 3298, enacted by the 2009 Oregon Legislature, declares the Metolius River basin to be an Area of Critical State Concern (the “Metolius ACSC”) and approves an accompanying management plan for the area.
The recommended management plan was submitted to the legislature in March of 2009 by the Land Conservation and Development Commission (LCDC), in accordance with state law (ORS 197.405 – 197.410). The legislature approved the management plan under HB 3298 and directed LCDC to adopt the plan by administrative rule with three specific changes (see below).
The area affected by the management plan includes the Metolius River drainage basin and an adjoining area (“Areas 1 and 2,” described in the management plan and referenced by the legislation) located in portions of Jefferson and Deschutes counties.
HB 3298 took effect on July 15, 2009. The new rules proposed for approval by LCDC in a new division (OAR 660-0043) will take effect following adoption by LCDC and upon filing with the Secretary of State’s office.
The management plan affects only the portions of Jefferson and Deschutes counties that include the legislatively declared Metolius Area of Critical State Concern. Uses prohibited by the management plan include:
- Destination resorts, as defined by Statewide Planning Goal 8 and ORS 197.435 to 197.467
- New golf courses.
- Certain new residential, commercial, industrial or other new uses, including dwelling units, in excess of the amount stated in the legislation or that cause an average annual consumptive use of water in excess of the amount stated in the legislation, depending whether the land is in Area 1 or Area 2 of the management plan referenced by the legislation.
To obtain a copy of statements of need and/or fiscal impact, or to be placed on a mailing list, contact Casaria Tuttle at (503) 373-0050, ext. 322, or e-mail casaria.r.tuttle@state.or.us.
To provide written comments to the Land Conservation and Development Commission, please e-mail them to: casaria.r.tuttle@state.or.us.
For questions about this rulemaking, contact Michael Morrissey, at 503- 373-0050, ext. 320, or e-mail michael.morrissey@state.or.us.
NOTICE OF PUBLIC HEARING
A public hearing regarding the proposed rules above will be held on December 3, 2009, at the Camp Sherman Community Hall from 5:30-7 p.m.
A hearings officer will take testimony regarding the proposed rule and will submit all testimony and recommendations to the LCDC for final consideration and potential adoption of the rules at a subsequent, as yet unscheduled, meeting.
To provide written comments to LCDC, please e-mail them to: casaria.r.tuttle@state.or.us.
BACKGROUND INFORMATION
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| Completed 2009-11 Projects |
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August 21, 2009
LCDC adopts temporary rules for Measure 49
On July 30, 2009, the Land Conservation and Development Commission (LCDC) adopted temporary administrative rules amending Division 41 (Measure 49).
The temporary rules facilitate additional review under House Bill 3225 (2009) and Measure 49 for about 400 Measure 37 claims. Division 41 was adopted in 2004 in order to implement Measure 37.
The temporary rules implement HB 3225. The bill enables categories of otherwise ineligible Measure 37 claimants to make Measure 49 elections, and revises certain criteria that were the cause for denial for other categories of claimants, while also requiring affected claimants to pay a $175 fee to help defray the costs of further processing their claims.
These claims will be completed between July 1, 2010 and December 31, 2010.
The temporary amended rules were filed with the Secretary of State and took effect on August 18, 2009.
For more information about these rules, please contact:
- Judith Moore, Measure 49 Development Services Division Manager at 503-373-0050 x373, or via email at: judith.moore @state.or.us; or
- Carmel Bender, Measure 49 Compensation and Conservation Ombudsman at 503-373-0050 x326, or via e-mail at carmel.bender@state.or.us
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| Link to 2007-09 Rulemaking |
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To review DLCD's 2007-09 Rulemaking, please go here.
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| Contact Information |
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If you would like further information regarding DLCD's rulemaking or legislative efforts, please contact Bob Rindy, Policy and Legislative Liaison, at 503-373-0050 x229.
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