Measure 49
In 2007, Oregon voters passed Measure 49. Measure 49 (2007) modifies Measure 37 (2004), and is intended to provide compensation to property owners whose use of their property has been limited by Oregon’s land use laws over the duration of their ownership. Measure 49 has been included in the Oregon Revised Statutes (ORS) as ORS 195.300 through 195.336. Measure 49 requires that claimants file their claims with the Department of Land Conservation and Development (DLCD). If DLCD finds that a claim is valid, they will issue a Final Order and Home Site Authorization. The Final Order and Home Site Authorization may permit the claimant or a future property owner the right to establish one or more new lots or parcels and one or more new dwellings on their property, subject to a list of required conditions.
The deadline has passed to file a claim requesting compensation for land use regulations that were enacted on or before January 1, 2007. New claims may be filed for land use regulations that are enacted after January 1, 2007. For specific information about submitting a new claim, please contact the DLCD Measure 49 Services Division at (503) 373-0050, Ext. 2222. If you have been issued a Final Order and Home Site Authorization, you may download that document from the DLCD Measure 49 Services Division website.
If your Final Order and Home Site Authorization permits you to establish new parcels and/or dwellings on your property, and you are ready to move forward with that development, please contact the Polk County Community Development Department. The Department can help you to understand what Polk County permits would be required to implement your Final Order and Home Site Authorization. These permits may include a land partition filed with the Planning Division and/or a building permit or manufactured home placement permit filed with the Building Division. Permits from the Polk County Environmental Health Division would also be required to install an on-site sewage disposal (septic) system.
For more information about exercising your Measure 49 Final Order and Home Site Authorization, please contact the Planning Division at (503) 623-9237.
