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(B) Subclassification IIIe, specifically Klooqueth Silty
<br />Clay Loam and Winchuck Silt Loam; and
<br />(C) Subclassification IVw, specifically Huffling Silty
<br />Clay Loam.
<br />(c) Land that is in an exclusive farm use zone or a
<br />mixed farm and forest zone and that on the date of
<br />adjournment sine die of the 2007 regular session of the
<br />Seventy-fourth Legislative Assembly is:
<br />(A) Within the place of use for a permit, certificate or
<br />decree for the use of water for irrigation issued by the
<br />Water Resources Department;
<br />(B) Within the boundaries of a district, as defined in
<br />ORS 540.505; or
<br />(C) Within the boundaries of a diking district formed
<br />under ORS chapter 551.
<br />(d) Land that contains not less than five acres planted
<br />in wine grapes.
<br />(e) Land that is in an exclusive farm use zone and that
<br />is at an elevation between 200 and 1,000 feet above
<br />mean sea level, with an aspect between 67.5 and 292.5
<br />degrees and a slope between zero and 15 percent, and
<br />that is located within:
<br />(A) The Southern Oregon viticultural area as described
<br />in 27 C.F.R. 9.179;
<br />(B) The Umpqua Valley viticultural area as described
<br />in 27 C.F.R. 9.89; or
<br />(C) The Willamette Valley viticultural area as
<br />described in 27 C.F.R. 9.90.
<br />(f) Land that is in an exclusive farm use zone and that
<br />is no more than 3,000 feet above mean sea level, with an
<br />aspect between 67.5 and 292.5 degrees and a slope
<br />between zero and 15 percent, and that is located within:
<br />(A) The portion of the Columbia Gorge viticultural
<br />area as described in 27 C.F.R. 9.178 that is within the
<br />State of Oregon;
<br />(B) The Rogue Valley viticultural area as described in
<br />27 C.F.R. 9.132;
<br />(C) The portion of the Columbia Valley viticultural
<br />area as described in 27 C.F.R. 9.74 that is within the
<br />State of Oregon;
<br />(D) The portion of the Walla Walla Valley viticultural
<br />area as described in 27 C.F.R. 9.91 that is within the
<br />State of Oregon; or
<br />(E) The portion of the Snake River Valley viticultural
<br />area as described in 27 C.F.R. 9.208 that is within the
<br />State of Oregon.
<br />(11) “High-value forestland” means land:
<br />(a) That is in a forest zone or a mixed farm and forest
<br />zone, that is located in western Oregon and composed
<br />predominantly of soils capable of producing more than
<br />120 cubic feet per acre per year of wood fiber and that is
<br />capable of producing more than 5,000 cubic feet per
<br />year of commercial tree species; or
<br />(b) That is in a forest zone or a mixed farm and forest
<br />zone, that is located in eastern Oregon and composed
<br />predominantly of soils capable of producing more than
<br />85 cubic feet per acre per year of wood fiber and that is
<br />capable of producing more than 4,000 cubic feet per
<br />year of commercial tree species.
<br />(12) “Home site approval” means approval of the
<br />subdivision or partition of property or approval of the
<br />establishment of a dwelling on property.
<br />(13) “Just compensation” means:
<br />(a) Relief under sections 5 to 11 of this 2007 Act
<br />for land use regulations enacted on or before
<br />January 1, 2007; and
<br />(b) Relief under sections 12 to 14 of this 2007 Act for
<br />land use regulations enacted after January 1, 2007.
<br />(14) “Land use regulation” means:
<br />(a) A statute that establishes a minimum lot or parcel
<br />size;
<br />(b) A provision in ORS 227.030 to 227.300, 227.350,
<br />227.400, 227.450 or 227.500 or in ORS chapter 215 that
<br />restricts the residential use of private real property;
<br />(c) A provision of a city comprehensive plan, zoning
<br />ordinance or land division ordinance that restricts
<br />the residential use of private real property zoned for
<br />residential use;
<br />(d) A provision of a county comprehensive plan,
<br />zoning ordinance or land division ordinance that
<br />restricts the residential use of private real property;
<br />(e) A provision of the Oregon Forest Practices Act or
<br />an administrative rule of the State Board of Forestry
<br />that regulates a forest practice and that implements the
<br />Oregon Forest Practices Act;
<br />(f) ORS 561.191, a provision of ORS 568.900 to
<br />568.933 or an administrative rule of the State
<br />Department of Agriculture that implements
<br />ORS 561.191 or 568.900 to 568.933;
<br />(g) An administrative rule or goal of the Land
<br />Conservation and Development Commission; or
<br />(h) A provision of a Metro functional plan that
<br />restricts the residential use of private real property.
<br />(15) “Measure 37 permit” means a final decision by
<br />Metro, a city or a county to authorize the development,
<br />subdivision or partition or other use of property
<br />pursuant to a waiver.
<br />(16) “Owner” means:
<br />(a) The owner of fee title to the property as shown in
<br />the deed records of the county where the property is
<br />located;
<br />(b) The purchaser under a land sale contract, if there is
<br />a recorded land sale contract in force for the property;
<br />or
<br />(c) If the property is owned by the trustee of a
<br />revocable trust, the settlor of a revocable trust, except
<br />that when the trust becomes irrevocable only the
<br />trustee is the owner.
<br />(17) “Property” means the private real property
<br />described in a claim and contiguous private real
<br />property that is owned by the same owner, whether or
<br />not the contiguous property is described in another
<br />claim, and that is not property owned by the federal
<br />government, an Indian tribe or a public body, as defined
<br />in ORS 192.410.
<br />(18) “Protection of public health and safety” means
<br />a law, rule, ordinance, order, policy, permit or other
<br />governmental authorization that restricts a use of
<br />property in order to reduce the risk or consequence of
<br />fire, earthquake, landslide, flood, storm, pollution,
<br />disease, crime or other natural or human disaster or
<br />threat to persons or property including, but not limited
<br />to, building and fire codes, health and sanitation
<br />regulations, solid or hazardous waste regulations and
<br />pollution control regulations.
<br />Measure 49
<br />Official 2007 November Special Election Voters’ Pamphlet
<br />8 | State Measures
<br />continued September 24, 2018, Meeting - Item 3
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