A. The Regulatory Framework Generally

  1. ORS 195.305 Section 6 and Section 11 apply to most claimants and allow up to three dwellings, on three parcels. If the land is “high value” farm or forest land, the new parcels cannot exceed 2 acres. If non high value resource land, the new parcels can be up to five acres.
  2. The final order will list the conditions of approval for the proposed development. See App-1.
    1. The Measure 49 final order will state the number of approved “homesites” – which is the number of existing and allowed new parcels and dwellings.
    2. The local partition standards will apply. Typical rural partition issues such as sight distance, legal access, septic location, domestic water availability and fire siting standards will apply.
    3. Some counties may allow the minimum lot size in ORS 195.305(11) to be expanded by a lot line adjustment after a partition is recorded.
    4. Clustering: ORS 195.305(11) requires the new parcels and dwellings to be “clustered.” Clustering means the development is on the least suitable parcel for resource use. Expect some litigation here.
    5. The Measure 49 development rights are good indefinitely if transferred to a spouse or the settler-trustee of a revocable trust. Any other transfers require the development to be established within ten years of the conveyance.
    6. The tax consequences of Measure 49 development (losing farm and forest tax deferral) should be assessed before proceeding with a partition.

Dorothy S. Cofield

8705 SW Nimbus AVE, Suite 380   Beaverton, OR  97008

(503) 675-4320