94.536 Definitions for ORS 94
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/or/ors-chapter-94/real-property-development/transferable-development-credits/94-536·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
94.536 Definitions for ORS 94.536 and 94.538. As used in this section and ORS 94.538:
(1)“Conservation easement” has the meaning given that term in ORS 271.715.
(2)“Governmental unit” means a city, county, metropolitan service district or state agency as defined in ORS 171.133.
(3)“Holder” has the meaning given that term in ORS 271.715.
(4)“Lot” has the meaning given that term in ORS 92.010.
(5)“Parcel” has the meaning given that term in ORS 92.010.
(6)“Receiving area” means a designated area of land to which a holder of development credits generated from a sending area may transfer the development credits and in which additional uses or development, not otherwise allowed, are allowed by reason of the transfer.
(7)“Resource land” means:
(a)Lands outside an urban growth boundary planned and zoned for farm use, forest use or mixed farm and forest use.
(b)Lands inside or outside urban growth boundaries identified:
(A)In an acknowledged local or regional government inventory as containing significant wetland, riparian, wildlife habitat, historic, scenic or open space resources; or
(B)As containing important natural resources, estuaries, coastal shorelands, beaches and dunes or other resources described in the statewide land use planning goals.
(c)“Conservation Opportunity Areas” identified in the “Oregon Conservation Strategy” adopted by the State Fish and Wildlife Commission and published by the State Department of Fish and Wildlife in September of 2006.
(8)“Sending area” means a designated area of resource land from which development credits generated from forgone development are transferable, for uses or development not otherwise allowed, to a receiving area.
(9)“Tract” has the meaning given that term in ORS 215.010.
(10)“Transferable development credit” means a severable development interest in real property that can be transferred from a lot, parcel or tract in a sending area to a lot, parcel or tract in a receiving area.
(11)“Transferable development credit system” means a land use planning tool that allows the record owner of a lot, parcel or tract of resource land in a sending area to voluntarily sever and sell development interests from the lot, parcel or tract for purchase and use by a potential developer to develop a lot, parcel or tract in a receiving area at a higher intensity than otherwise allowed.
(12)“Urban growth boundary” has the meaning given that term in ORS 197.015.
(13)“Urban reserve” has the meaning given that term in ORS 197A.230. [2009 c.504 §2; 2010 c.5 §1; 2023 c.13 §72]
Note: See note under 94.534.