ORS 358.490: Review and approval of application; withdrawal; amendment of plan.
Where this section sits in the code
- 09 - Education and Culture
- 30. Education and Culture
- Chapter 358 — Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites
(1)(a) After an application is filed under ORS 358.487, the State Historic Preservation Officer:
(A) Shall determine whether the application meets the requirements of ORS 358.487; and
(B) May view the premises of the property that is the subject of the application.
(b) If the officer determines that the application does not meet the requirements of ORS 358.487, the officer shall provide the applicant with a written explanation for the determination.
(c) If the officer determines that the application meets the requirements of ORS 358.487, the officer shall mail or otherwise transmit copies of the application to the appropriate county assessor, local landmark commission and governing body.
(2) Within 30 days after the date on which the State Historic Preservation Officer transmits the copy of the application under subsection (1)(c) of this section:
(a) The county assessor shall review the application for accuracy and completeness of description and other matters within the expertise of the county assessor and shall make recommendations regarding the validity and appropriateness of the application to the officer.
(b) The governing body shall review the application for matters relating to public benefit and shall make recommendations regarding the classification to the officer.
(3) During the review process of each application, the State Historic Preservation Officer shall consider the county assessor’s and governing body’s recommendations submitted under subsection (2) of this section.
(4)(a) After considering the recommendations from the county assessor and governing body under subsection (3) of this section, the State Historic Preservation Officer shall approve or deny the application or approve the application with conditions.
(b) The officer may approve the application with respect to only part of the property that is the subject of the application. However, if any part of the application is denied, the applicant may withdraw the application.
(c) The officer may not deny an application solely because of the potential loss of revenue that might result from granting the special assessment.
(d) An application that has not been denied under paragraph (a) of this subsection on or before July 1 of the assessment year is deemed approved.
(e) The approval of an application under this section has the effect of classifying the property that is the subject of the application as historic property and granting the property special assessment under ORS 358.480 to 358.545.
(5) Property classified as historic property and granted special assessment under this section is entitled to any other exemption or special assessment provided by law for which the property is eligible.
(6) A preservation plan that has been approved by the State Historic Preservation Officer may be amended from time to time, at the request of the owner or the officer. The amendments may be approved, approved in part or denied by the officer. Any amendments that are approved become part of the preservation plan and are subject to all applicable requirements as if the amendments had been included in the original preservation plan.
Collected 2026-09-03T23:50:13Z. Source file · JSON