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2001
EDITION
358.005
[1961 c.160 §18; renumbered 357.805]
358.010
[Renumbered 357.815]
OREGON HISTORICAL
SOCIETY
358.015 State
policy to contribute to Oregon Historical Society.
The state recognizes a continuing obligation to
contribute to the support of the Oregon Historical
Society. The amount appropriated each biennium
will be considered the continuing level of state
aid for operation of the society for the next
biennium. Supplements may also be added to
acknowledge inflationary factors and as a match
for demonstrated increases in membership dues or a
combination thereof. [1979 c.72 §2]
358.020
[Renumbered 357.825]
358.030
[Amended by 1961 c.160 §20; renumbered 357.835]
OREGON HISTORIC
FAMILIES DATABASE
358.035 Oregon
Historic Families database; duties of State
Archivist.
(1) The State Archivist shall establish the Oregon
Historic Families database to provide genealogy
research material and to encourage genealogy
studies of historic families of Oregon.
(2) The State
Archivist shall compile Oregon data taken from
decennial censuses prior to 1910. The State
Archivist shall consolidate information pertaining
to genealogy of Oregon Historic Families in
cooperation with the Oregon Historical Society,
county historical societies and genealogical
societies.
(3) The Oregon
Historic Families database shall be funded by
federal grants from the National Endowment for the
Humanities or other sources made available for
purposes such as establishing the database. The
State Archivist may submit applications for
federal grants to establish the database.
(4) As used in
this section, "Oregon Historic Families"
means individuals whose names appear in decennial
census data prior to the census of 1910. [1989
c.685 §1]
358.040
[Renumbered 357.845]
OREGON HISTORIC
TRAILS
358.045 Oregon
Trail; comprehensive program for development.
The Oregon Historical Society shall prepare,
administer and periodically revise a comprehensive
program for the development of the Oregon Trail as
a major historical attraction in this state. The
program prepared by the Oregon Historical Society
shall provide for:
(1) Coordination
of local, regional and national efforts to develop
the Oregon Trail.
(2) Encouragement
of Oregon Trail recognition and interpretation in
cities situated along the Oregon Trail.
(3) Development
of an integrated concept plan and economic
feasibility study for Oregon Trail interpretive
facilities across the state. [1989 c.1014 §2]
358.050
[Amended by 1961 c.160 §21; renumbered 357.855]
358.055 Oregon
Trail; promotion as major tourist attraction.
The Economic and Community Development Department
shall promote the Oregon Trail as a major tourist
attraction in this state, consistent with
maintaining the historical integrity of the Oregon
Trail by:
(1) Preparing and
distributing maps, brochures and other promotional
literature that publicize the historical, cultural
and recreational opportunities available along the
Oregon Trail.
(2) Promoting the
celebration of the 150th Anniversary of the Great
Migration of 1843 on the Oregon Trail. [1989
c.1014 §3; 1993 c.736 §50]
358.057 Value and
significance of state historic trails.
Oregon recognizes the value and significance of
its historic trails, including:
(1) The Lewis and
Clark National Historic Trail;
(2) The Oregon
National Historic Trail;
(3) The Applegate
National Historic Trail;
(4) The Nez Perce
National Historic Trail;
(5) Alternate
routes of the Oregon Trail including:
(a) The Whitman
Mission Route;
(b) The Upper
Columbia River Route;
(c) The Meek
Cutoff;
(d) The Free
Emigrant Road; and
(e) The Cutoff to
the Barlow Road; and
(6) Major
historic trails of Oregon including:
(a) The Klamath
Trail;
(b) The Jedediah
Smith Route;
(c) The Nathaniel
Wyeth Route;
(d) The Benjamin
Bonneville Route;
(e) The Ewing
Young Route;
(f) The John
Fremont Route; and
(g) The Santiam
Wagon Road. [1995 c.479 §1]
Note:
Section 2, chapter 479, Oregon Laws 1995,
provides:
Sec. 2.
In preparation for the bicentennial celebration of
the Lewis and Clark Corps of Discovery expedition,
the State Parks and Recreation Department may:
(1) Work with
property owners to mark the historic trails of
Oregon; and
(2) Cooperate
with the Oregon Trail Coordinating Council to
develop a statewide program to research, recognize
and promote Oregon’s historic trails as heritage
tourism resources that will have a positive
economic and cultural impact on the state. [1995
c.479 §2]
358.060
[Amended by 1961 c.160 §22; renumbered 357.865]
358.070
[Renumbered 357.875]
358.080
[Amended by 1961 c.172 §6; renumbered 357.885]
358.090
[1961 c.160 §19; renumbered 357.895]
358.110
[Repealed by 1981 c.126 §6]
358.120
[Repealed by 1981 c.126 §6]
358.130
[Repealed by 1981 c.126 §6]
358.140
[Repealed by 1981 c.126 §6]
358.150
[Repealed by 1981 c.126 §6]
COUNTY HISTORICAL
FUND
358.160
Definition for ORS 358.171 to 358.230.
As used in ORS 358.171 to 358.230, "county
court" includes board of commissioners.
358.170
[Amended by 1965 c.327 §1; repealed by 1983 c.350
§227 (358.171 enacted in lieu of 358.170)]
358.171 Election
to establish county historical fund.
(1) This section establishes the procedure for
determining whether a county historical fund
should be created. The question shall be decided
by election. The governing body of a county:
(a) May order the
election on its own resolution; or
(b) Shall order
the election when a petition is filed as provided
in this section.
(2) An election
under this section shall determine:
(a) Whether a
county historical fund should be created; and
(b) The amount of
taxes to be levied annually for the fund.
(3) The
resolution or the petition calling an election
under this section shall designate the amount of
taxes to be levied annually for the county
historical fund.
(4) The
requirements for preparing, circulating and filing
a petition calling an election under this section
shall be as provided for an initiative petition in
ORS 250.165 to 250.235.
(5)
Notwithstanding subsection (4) of this section, if
ORS 250.155 makes ORS 250.165 to 250.235
inapplicable to a county, the requirements for
preparing, circulating and filing a petition under
this section shall be as provided for an
initiative petition under the county charter or an
ordinance adopted under the county charter.
(6) The notice,
time and manner of election shall be governed by
the applicable provisions of ORS chapters 246 to
260.
(7) An election
under this section may be held only on the date of
a statewide general election. [1983 c.350 §228
(enacted in lieu of 358.170); 1995 c.79 §198;
1999 c.21 §71]
358.180 Tax levy
for county historical fund; limitation.
(1) When authorized by the electors as set forth
in ORS 358.171, the county court may levy, in
addition to the taxes now permitted by law to be
levied, an ad valorem tax upon the taxable
property in the county for the purpose of creating
a county historical fund.
(2) The levy
shall be a continuing levy in the amount required
by the detailed estimates annually filed with the
county court under ORS 358.200 less any amount
carried forward from the preceding year excepting
reserve funds previously set aside and approved by
the county court, but not exceeding one-fortieth
of one percent (.00025) or such part thereof as is
authorized by the electors of the county, of the
real market value of all taxable property within
the county, computed in accordance with ORS
308.207. [Amended by 1963 c.9 §17; 1977 c.325 §1;
1991 c.459 §323]
358.190
Historical fund not subject to Local Budget Law or
six percent limitation.
The county historical fund is not subject to the
provisions of the Local Budget Law and shall be a
continuing fund; the amounts levied therefor shall
not be deemed to be within the limitation provided
by section 11, Article XI of the Oregon
Constitution.
358.200 Annual
estimate of historical societies.
Upon the creation of a county historical fund, the
president and secretary of any historical society
organized as a nonprofit organization under the
laws of Oregon, affiliated with and approved by
the Oregon Historical Society and including in its
purposes the acquisition by gift, purchase or
other means and the preservation of historical
objects, real and personal property of historical
interest, records, material and data for the
purpose of which the fund was created, and the
acquisition by gift, purchase, or other means, of
real and personal property for use in connection
with any of those purposes, may, on or before
March 1 of each year, file with the county court
of such county a detailed estimate of the money
required during the year commencing the following
July 1 for such purposes. [Amended by 1977 c.325
§2]
358.210
Disbursement of county historical fund.
Upon the filing of the detailed estimate and
approval thereof by the county court, all moneys
in the county historical fund are subject to
disbursal by warrants drawn by the historical
society and signed by the president and secretary
of the society. No money withdrawn from the fund
shall be expended except for purposes set forth in
ORS 358.200 and included in the detailed estimate.
358.220 Annual
report of expenditures.
On or before January 1 of each year, every
historical society specified in ORS 358.200 which
has received moneys from a county historical fund
shall submit a report in writing to the county
court showing in detail how such moneys have been
expended during the preceding fiscal year ending
June 30. [Amended by 1977 c.325 §3]
358.230
Termination of tax levy for county historical
fund. The
authority to levy taxes for the county historical
fund shall be deemed terminated in any county by
the majority vote of the electors of the county
voting to that effect on such question at any
general election. Such termination shall be
without prejudice to any subsequent authorization
of such levy under ORS 358.171 and 358.180.
CITY MUSEUMS
358.310
Definitions for ORS 358.310 to 358.405.
As used in ORS 358.310 to 358.405, unless the
context requires otherwise:
(1)
"Governing body" means the city council
in relation to a city museum or the respective
city councils of the two or more cities in
relation to a joint city museum.
(2)
"Museum" includes any collection of
archaeological specimens, artifacts, pioneer
relics, articles, documents and other things of
historical, scientific or artistic import
assembled, displayed, preserved and protected for
the benefit of the public, for educational and
scientific purposes or to commemorate the
occupation and development of the Pacific
Northwest region, and the structure or structures
housing such collection.
(3) "Museum
objects" includes any of the objects
described in subsection (2) of this section. [1953
c.481 §1; 1973 c.757 §1; 1983 c.260 §3]
358.315 General
authority of cities regarding public museums.
Any city acting through its governing body or a
museum commission established under ORS 358.320,
may, for public museum purposes:
(1) Accept deeds,
gifts, devises or bequests of land, money or other
valuable things and hold, control or dispose of
such things according to the terms of the deed,
gift, devise or bequest, except that whenever the
deed, gift, devise or bequest is conditioned upon
any act of the city or the museum commission, the
governing body of the city shall determine prior
to acceptance whether the condition may be
complied with.
(2) Accept in the
name of the city, and thereafter hold as public
property, museum objects given for museum purposes
by any person, historical society, association or
other organization.
(3) Purchase,
collect, exchange for or otherwise acquire museum
objects in the name of the city, and thereafter
hold or dispose of the same as public property.
(4) Receive in
the name of the city museum objects loaned for
display, holding them in accordance with the terms
of the loan agreement and displaying them for the
benefit of the public and for educational and
scientific purposes.
(5) Enter into
all necessary contracts or agreements for
services, assistance or cooperation with the
federal government or any of its agencies, with
the State of Oregon or any of its educational
institutions or agencies, with any political
subdivision of this state, with any person,
including nonprofit educational or foreign
corporations, or with educational and scientific
foundations. [1953 c.481 §2; 1973 c.757 §2; 1983
c.260 §4]
358.320 Museum
commission.
(1) The governing body of a city may appoint a
museum commission, which shall consist of seven
members chosen with reference to their fitness for
the position.
(2) The members
of a city museum commission shall be residents of
the city in which the museum is or is to be
located. When two or more cities jointly
establish, maintain and operate a public museum,
four of the members of a joint city museum
commission shall be residents of the city in which
the museum is or is to be located and three of the
members shall be residents of the other city or
cities. [1953 c.481 §6; 1957 c.200 §1; 1969
c.693 §2; 1973 c.72 §1; 1973 c.757 §3; 1983
c.260 §5]
358.325 Terms of
commission members.
Two of the first members of a museum commission
shall be appointed for one year, two shall be
appointed for two years and three shall be
appointed for three years, as determined by the
governing body. Except for the first members and
appointments to fill vacancies, the terms of
members of a museum commission shall be three
years and until their successors are appointed and
qualified. [1953 c.481 §7]
358.330
Chairperson and secretary of commission; duties of
commission regarding records, rules, reports and
budgets.
A museum commission shall:
(1) Elect a
chairperson and secretary to serve until the next
succeeding first Monday in January and until their
successors are elected. The secretary shall keep
permanent and complete records of the proceedings
of the museum commission.
(2) Adopt rules
governing the transaction of its business.
(3) Prepare and
submit an annual budget and an annual report to
the governing body. [1953 c.481 §10]
358.335 Vacancies
on commission.
A vacancy in the position of member of a museum
commission shall be filled by a qualified person
appointed by the governing body for the remainder
of the unexpired term of the appointee’s
predecessor in the position. [1953 c.481 §8]
358.340
Compensation of commission members.
The members of a museum commission shall receive
no compensation as members, but shall be
reimbursed for expenses incurred in the
performance of their duties and approved by the
chairperson of the museum commission. [1953 c.481
§9]
358.345 Authority
of city to establish and operate public museum.
(1) Any city may establish, maintain and operate a
public museum.
(2) Any two or
more cities may jointly establish, maintain and
operate a public museum. [1953 c.481 §3; 1957
c.200 §2; 1973 c.757 §4; 1983 c.260 §6]
358.350
[1953 c.481 §4; repealed by 1957 c.200 §3]
358.355
Acquisition of site and structure for museum.
In the event that a public museum is established
under ORS 358.345, the city or two or more cities,
acting through the governing body or museum
commission, may:
(1) Acquire a
site or sites for the museum.
(2) Construct a
structure or structures to house the museum
collection, or lease a structure or structures for
such purpose for not more than 50 years.
(3) Use public
sites or structures or both for museum purposes.
[1953 c.481 §5; 1973 c.757 §5; 1983 c.260 §7]
358.360 Duties of
museum commission respecting establishment of
museum. A
museum commission shall:
(1) Determine the
kind and class of museum to be established and
submit such determination to the governing body.
(2) Investigate
and determine the most suitable location for the
museum and the adequacy of roads or streets and
parking areas therefor, and submit its proposals
relating thereto to the governing body.
(3) Subject to
approval by the governing body, arrange for the
design of the museum and the preparation of plans
therefor.
(4) Investigate
and make determinations with regard to such other
preliminary matters in connection with a public
museum as are deemed necessary or desirable, and
submit its proposals relating thereto to the
governing body.
(5) When the
establishment of a museum is authorized under ORS
358.345, and upon authorization by the governing
body, prepare bids and advertise for bids for the
construction of the proposed museum. [1953 c.481
§11]
358.365 Duties of
museum commission respecting operation of museum.
When a museum is established under ORS 358.345, a
museum commission shall:
(1) Maintain and
operate the museum for and in the name of the city
or two or more cities.
(2) Subject to
the approval of the governing body before they
become effective, adopt and publish rules relating
to the operation of the museum, admission charges
thereto and the administration of the museum
objects in the museum.
(3) In conformity
with its rules and ORS 358.310 to 358.405, act as
administrator of all museum objects in the museum.
(4) Establish
maintenance and operating policies sufficient to
keep the museum presentable and in a proper state
of repair.
(5) Subject to
the approval of the governing body, advertise the
museum in an appropriate manner.
(6) Compile,
print and sell or distribute free of charge
historical, educational, scientific and artistic
literature.
(7) Subject to
the approval of the governing body, employ
necessary employees and fix their compensation.
(8) Prescribe and
publish a charge or charges which may be made for
admission to the museum.
(9) Collect all
admission charges and other museum revenue, and
pay such charges and other revenue into the
treasury of the city or two or more cities, to be
deposited to a separate account and disbursed by
the museum commission as directed by the governing
body. [1953 c.481 §§12,13; 1973 c.757 §6; 1983
c.260 §8]
358.370 Payment
of expense of museum operation.
The governing body may provide for the payment of
the expense incident to museum operation, care and
maintenance of museum objects, structures and
grounds, and compensation of employees by means of
annual budgeting and appropriation. [1953 c.481 §14]
358.375 Issuance
of bonds to acquire museum site and structure.
(1) In the case of a city museum, and when
authorized by the electors of the city voting at a
primary election or general election, the
governing body may issue general obligation or
revenue bonds of the city for the purpose of
providing all or part of the funds necessary to
acquire a museum site or sites and to construct
the museum.
(2) In the case
of a joint city museum, and when authorized by the
electors of the two or more cities voting at a
primary election or general election, each city
council of the two or more respective cities may
issue general obligation bonds or revenue bonds of
each of the two or more respective cities for the
purpose of providing such portion of the funds
necessary to acquire a museum site or sites and to
construct the museum as is determined by the
governing body. [1953 c.481 §§15,16; 1973 c.757
§7; 1983 c.260 §9; 1983 c.350 §§229,229a; 1987
c.267 §78; 1995 c.712 §109]
358.380 General
bond law applicable to museum bonds.
The provisions of general law, including issuance
procedures, relating to bond issues of cities
shall apply to bonds issued under ORS 358.375.
[1953 c.481 §17; 1983 c.260 §10]
358.385 Pledge of
museum revenues for payment of museum bonds.
The governing body may pledge all or part of
museum revenues, collected or to be collected, as
security for the payment of general obligation
bonds or revenue bonds issued under ORS 358.375.
[1953 c.481 §18]
358.390 Revenue
bonds and pledges of revenue not general
obligations of city.
Revenue bonds issued under ORS 358.375 and pledges
of revenue under ORS 358.385 shall not be
construed as a general obligation of the issuing
city. [1953 c.481 §19; 1983 c.260 §11]
358.395 Mandatory
provisions of revenue bonds.
Revenue bonds issued under ORS 358.375 shall:
(1) Be in such
denominations, mature at such times and bear such
annual interest rate as the issuing body
determines.
(2) Provide for
the semiannual payment of interest.
(3) Contain a
recital that the bonds and interest thereon are
payable only from revenues resulting from museum
operation and activities.
(4) Contain a
recital that the bonds and interest thereon shall
not constitute a general obligation of the issuing
authority.
(5) Be in such
form and be signed by such official or officials
as the issuing body determines. [1953 c.481 §20]
358.400
Permissive provisions of revenue bonds.
Revenue bonds issued under ORS 358.375 may:
(1) Have interest
coupons attached, which coupons need only bear the
facsimile signature of the official or officials
designated to sign the coupons.
(2) Contain such
other terms and conditions as the issuing body
determines. [1953 c.481 §21]
358.405 Method of
settling disagreement where joint action of cities
required.
Whenever joint action by the city councils of two
or more cities is required or authorized under ORS
358.310 to 358.405, and there is disagreement
between or among the city councils of the two or
more respective cities, the matter shall be
submitted to a judge of the circuit court for the
judicial district in which the joint city museum
is located, who shall arbitrate and decide the
matter. [1953 c.481 §22; 1973 c.757 §8; 1983
c.260 §12]
LOANS TO MUSEUMS
358.415
Definitions for ORS 358.415 to 358.440.
For the purposes of ORS 358.420 to 358.440:
(1) A
"museum" is an institution located in
Oregon and operated by a nonprofit corporation or
public agency, primarily educational, scientific
or aesthetic in purpose, which owns, borrows or
cares for, and studies, archives or exhibits
property.
(2) The terms
"loan," "loaned" and "on
loan" include all deposits of property with a
museum which are not accompanied by a transfer of
title to the property.
(3)
"Property" includes all tangible
objects, animate and inanimate, under a museum’s
care which have intrinsic value to science,
history, art or culture, except that it does not
include botanical or zoological specimens loaned
to a museum for scientific research purposes.
[1985 c.580 §1]
358.420 Status of
property loaned to a museum; statute of
limitations on recovery.
(1) No action shall be brought against a museum to
recover property on loan to the museum when more
than 25 years have passed from the date of the
last written contact between the lender and the
museum.
(2) Property on
loan to a museum shall be deemed to have been
donated to the museum if no action is filed to
recover the property within seven years after the
museum gave notice of termination of the loan as
provided in ORS 358.425 and 358.430.
(3) Property on
loan to a museum shall not escheat to the state
under ORS 112.055, but shall pass to the museum if
no person takes under ORS 112.025 to 112.045.
[1985 c.580 §2]
358.425 Notice of
termination of loan; content.
(1) A museum may give notice of termination of a
loan of property at any time if the property was
loaned to the museum for an indefinite term. If
the property was loaned to the museum for a
specified term, the museum may give notice of
termination of the loan at any time after the
expiration of the specified term.
(2) Notices given
under this section shall contain:
(a) The name and
address, if known, of the lender;
(b) The date of
the loan;
(c) The name,
address and telephone number of the appropriate
office or official to be contacted at the museum
for information regarding the loan; and
(d) Any other
information deemed necessary by the museum. [1985
c.580 §3]
358.430 Procedure
for giving notice; responsibility of owner.
(1) To give notice of termination of a loan, the
museum shall mail a notice to the lender at the
most recent address of the lender as shown on the
museum’s records pertaining to the property on
loan. If the museum has no address in its records,
or the museum does not receive written proof of
receipt of the mailed notice within 30 days of the
date the notice was mailed, the museum shall
publish notice at least once a week for three
consecutive weeks in a newspaper of general
circulation in both the county in which the museum
is located and the county of the lender’s
address, if any.
(2) For the
purposes of this section, if the loan of property
was made to a branch of a museum, the museum is
located in the county where the branch is located.
Otherwise, the museum is located in the county in
which it has its principal place of business.
(3) It is the
responsibility of the owner of property on loan to
a museum to notify the museum promptly in writing
of any change of address or change in ownership of
the property. [1985 c.580 §4]
358.435 Status of
title to property acquired under ORS 358.420.
One who purchases property from a museum acquires
good title to the property if the museum
represents that it has acquired title to the
property pursuant to ORS 358.420. [1985 c.580 §5]
358.440 Notice to
lenders of ORS 358.415 to 358.440.
When a museum accepts a loan of property, the
museum shall inform the lender in writing of the
provisions of ORS 358.420 to 358.440. [1985 c.580
§6]
CLASSIFICATION OF
HISTORIC PROPERTY
358.475 Policy.
The Legislative Assembly hereby declares that it
is in the best interest of the state to maintain,
preserve and rehabilitate properties of Oregon
historical significance. Historic preservation
incentive programs provide a public benefit by
encouraging preservation and appropriate
rehabilitation of significant historic properties.
These historically significant portions of the
built environment contain the visual and
intellectual record of our irreplaceable cultural
heritage. They link us with our past traditions
and values, establish standards and perspectives
for measuring our present achievements and set
goals for future accomplishments. To the extent
that Oregon’s historic preservation incentive
programs encourage the preservation and
appropriate rehabilitation of significant
historical property, the programs create a
positive partnership between the public good and
private property that promotes economic
development; tourism; energy and resource
conservation; neighborhood, downtown and rural
revitalization; efficient use of public
infrastructure; and civic pride in our shared
historical and cultural foundations. [1975 c.514
§1; 1995 c.5 §1; 2001 c.540 §1]
358.480
Definitions for ORS 358.480 to 358.545.
As used in ORS 358.480 to 358.545, unless the
context requires otherwise:
(1)
"Governing body" means the city or
county legislative body having jurisdiction over
the property for which a limited assessment may be
applied for under ORS 358.480 to 358.545.
(2)
"Historic property" means real property
that:
(a) Is currently
listed in the National Register of Historic Places
established and maintained under the National
Historic Preservation Act of 1966 (P.L. 89-665)
or, if the National Register of Historic Places
ceases accepting nominations, that is approved for
listing on an Oregon register of historic places;
(b) Is open to
the public for sight-seeing at least one day in
each calendar year in accordance with rules
adopted by the State Historic Preservation
Officer; and
(c) Meets the
minimum standards of maintenance established by
rule of the State Historic Preservation Officer.
(3)
"Maintenance" means action taken to
mitigate wear and deterioration of a historic
property without altering the historic character
of the property, including action taken to protect
and repair the condition of the property with the
least possible impact on the historic character of
the property.
(4)
"Owner" includes a purchaser under a
recorded instrument of sale.
(5)
"Preservation":
(a) Means the act
or process of applying measures necessary to
sustain the existing form, integrity and materials
of a historic property, including but not limited
to the ongoing maintenance and repair of historic
materials.
(b) Does not
include the extensive replacement of historic
materials or new construction.
(6)
"Rehabilitation" means the process of
repairing or altering a historic property in order
to return the property to a state of utility in
which an efficient contemporary use is possible,
while preserving those portions and features of
the property that are significant to the historic,
architectural and cultural values of the property.
[1975 c.514 §2; 1983 c.720 §1; 2001 c.540 §2]
358.482
Additional definitions applicable to property
first classified and assessed as historic on or
after July 1, 1996.
(1) As used in ORS 358.480 to 358.545:
(a)
"Americans with Disabilities Act" means
the Americans with Disabilities Act of 1990 (P.L.
101-336), as amended.
(b)
"Commercial property" means real
property used in a trade or business or held for
the production of income, including multifamily
residential rental property.
(c)
"Preservation plan" means a written
preservation, maintenance and rehabilitation
proposal submitted by the owner with the
application for classification and special
assessment as historic property that has been
approved by the State Historic Preservation
Officer, or as amended and reapproved by the State
Historic Preservation Officer, and that is in
compliance with standards and guidelines for
rehabilitation and rules adopted by the State
Historic Preservation Officer.
(d)
"Renovation plan" means a written
proposal submitted by an owner of commercial
property in connection with a reapplication for
special assessment pursuant to ORS 358.540 (3)
that is in compliance with rules adopted by the
State Historic Preservation Officer for the
submission and content of renovation plans.
(e) "Review
committee" means the Historic Assessment
Review Committee established under ORS 358.511.
(f) "Seismic
improvement" means construction or other
measures that improve the seismic performance or
structural stability of property, or that reduce
the potential for heavy structural damage to
property in the event of an earthquake.
(g)
"Standards and guidelines for
rehabilitation" means the standards and
guidelines, based on those developed by the United
States Secretary of the Interior, adopted by the
State Historic Preservation Officer to determine
sufficiency of preservation plans, maintenance,
alteration and construction for a specific
property.
(2) Except as
otherwise specifically provided, the definitions
contained in this section apply to property first
classified and assessed as historic property on or
after July 1, 1996. [1995 c.693 §2; 2001 c.540 §3]
358.485
[1975 c.514 §3; 1983 c.720 §3; 1989 c.904 §54;
1995 c.693 §15; repealed by 2001 c.540 §25]
358.487
Application for classification and assessment as
historic property; term of assessment; fee.
(1)(a) An owner of historic property desiring
classification and special assessment under ORS
358.480 to 358.545 for the property may make
application for the classification and special
assessment to the State Historic Preservation
Officer on forms approved by the State Historic
Preservation Officer. The forms shall include or
be accompanied by the written consent of the owner
to the viewing of the property by the State
Historic Preservation Officer. Any application
made under this subsection shall include a
preservation plan and be sent by the State
Historic Preservation Officer to the appropriate
county assessor, local landmark commission and
governing body. An application must be made during
the calendar year preceding the first property tax
year for which classification and special
assessment as historic property is desired.
(b)
Classification and special assessment pursuant to
an application made under this subsection shall be
granted only for 15 consecutive property tax
years, commencing in the tax year beginning on the
July 1 following the calendar year in which the
application was made.
(2) An owner may
make preliminary application for classification of
property as historic upon approval by the State
Advisory Committee on Historic Preservation of the
nomination of the property for listing on the
National Register of Historic Places or, if the
National Register of Historic Places ceases
accepting nominations, the nomination of the
property for listing on an Oregon register of
historic places. The preliminary application shall
be considered an application made or received for
purposes of subsection (1) of this section, ORS
358.490 or 358.495 or other law, if the property
is actually listed in the National Register of
Historic Places or, if the National Register of
Historic Places ceases accepting nominations, the
property is approved for listing on an Oregon
register of historic places by September 15 of the
year for which classification and special
assessment are first desired. If the property is
not listed on the National Register of Historic
Places or, if the National Register of Historic
Places ceases accepting nominations, the property
is not approved for listing on an Oregon register
of historic places by September 15 of the year for
which classification and special assessment are
first desired, then the preliminary application
shall be considered an application made or
received for purposes of subsection (1) of this
section, ORS 358.490 or 358.495 or other law, for
the tax year next beginning after the date the
property is actually listed.
(3) Immediately
upon receipt of a copy of the application under
subsection (1) of this section, 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
classification to the State Historic Preservation
Officer.
(4) Immediately
upon receipt of a copy of the application under
subsection (1) of this section, the governing body
shall review the application for matters relating
to public benefit and shall make recommendations
regarding the classification to the State Historic
Preservation Officer.
(5) By making
application for classification and assessment
under this section, the owner consents that the
State Historic Preservation Officer has access to
the property for inspection at reasonable times to
ensure that the terms of the national register or
other federal or state laws or requirements are
being met.
(6) The
application for classification and assessment
under ORS 358.480 to 358.545 may not be processed
unless accompanied by a nonrefundable fee of
one-third of one percent of the real market value
of the property for the year in which application
is made. The fee shall be deposited in the State
Parks and Recreation Department Fund for use by
the State Parks and Recreation Director or for
transfer to the Oregon Property Management Account
established under ORS 358.680 to 358.690, upon the
advice of the State Advisory Committee on Historic
Preservation. [1995 c.693 §3; 1997 c.541 §427;
2001 c.540 §4]
358.490 Referral
of application to State Historic Preservation
Officer; review, approval in whole or part;
withdrawal.
(1) After an application is filed under ORS
358.487, the State Historic Preservation Officer
shall review the application and may view the
premises. After determining that the application
is complete, the State Historic Preservation
Officer shall approve, approve with conditions or
deny the application. The State Historic
Preservation Officer may not disapprove the
application solely because of the potential loss
of revenue that may result from granting the
application.
(2) 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 ORS 358.487 (3)
and (4).
(3) The State
Historic Preservation 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.
(4) A
preservation plan that has been approved by the
State Historic Preservation Officer may be amended
from time to time, either at the request of the
owner or at the request of the State Historic
Preservation Officer. The amendments may be
approved, approved in part or disapproved by the
State Historic Preservation Officer. To the extent
the amendments are approved, amendments shall
become part of the preservation plan that must be
carried out in order that the property not be
disqualified as historic property. [1975 c.514 §4;
1983 c.720 §4; 1995 c.5 §7; 1995 c.693 §4; 2001
c.540 §5]
358.495 Notice of
approval or disapproval; effect of approval;
request for hearing; committee determination of
final order.
(1) Immediately following approval or disapproval
of an application under ORS 358.490, the State
Historic Preservation Officer shall notify the
county assessor, the governing body and the
applicant which shall in no event be later than
September 15 of the tax year for which
classification and special assessment are first
desired. In no event later than September 15 of
the year for which classification and special
assessment are desired, the State Historic
Preservation Officer shall cause a copy of the
preservation plan approved under ORS 358.490 to be
delivered or mailed to the county assessor and the
governing body. An application not denied on or
before September 15 shall be deemed approved, and
the property that is the subject of the
application shall be considered to be historic
property that qualifies under ORS 358.480 to
358.545.
(2) If the State
Historic Preservation Officer determines that the
historic property qualifies under ORS 358.480 to
358.545, the State Historic Preservation Officer
shall certify that fact in writing and shall file
a copy of the certificate with the county assessor
and the governing body. The certificate shall
state the facts upon which the approval was based
and list any condition on which approval is based.
The county assessor, as to any historic property,
shall assess on the basis provided in ORS 358.505,
and each year the historic property is classified
and so assessed shall also enter on the assessment
and tax roll that the property is being specially
assessed as historic property and is subject to
potential additional taxes as provided in ORS
358.525 by adding the notation "historic
property (potential additional tax)."
(3) If the State
Historic Preservation Officer determines that the
property does not qualify for classification and
assessment under ORS 358.480 to 358.545, the State
Historic Preservation Officer shall give written
notice of the denial to the applicant. The notice
shall state the reasons for the denial.
(4)(a) Any owner,
governing body or county assessor affected by a
determination of the State Historic Preservation
Officer made under ORS 358.480 to 358.545 may
request a contested case hearing according to the
provisions of ORS 183.310 to 183.550.
(b) After a
contested case hearing has been held, the hearing
officer shall present the proposed order to the
Historic Assessment Review Committee. The review
committee shall determine the final order in the
case. [1975 c.514 §5; 1983 c.720 §5; 1995 c.5 §8;
1995 c.693 §5; 1997 c.541 §428; 2001 c.540 §6]
358.499
Limitations on classification and assessment as
historic property.
(1) Property first classified and specially
assessed as historic property for a tax year
beginning on or before July 1, 1994, shall
continue to be so classified, specially assessed
and removed from special assessment as provided
under ORS 358.480 to 358.545 as those sections
were in existence and in effect on December 31,
1992.
(2) Property may
be classified and specially assessed under ORS
358.480 to 358.545 pursuant to application filed
under ORS 358.487 on or after September 9, 1995,
and first applicable for the tax year 1996-1997 or
any tax year thereafter.
(3) Property may
not be classified and specially assessed pursuant
to application filed under ORS 358.487 if the
application is filed on or after July 1, 2010.
[1995 c.693 §19; 2001 c.540 §7]
Note:
358.499 was enacted into law by the Legislative
Assembly but was not added to or made a part of
ORS chapter 358 or any series therein by
legislative action. See Preface to Oregon Revised
Statutes for further explanation.
358.502
[1957 c.196 §1; repealed by 1957 c.196 §10]
358.504
[1957 c.196 §3; repealed by 1957 c.196 §10]
358.505
Determination of specially assessed value, maximum
assessed value and assessed value of historic
property; appeals; rules.
(1)(a) The county assessor shall, for the 15
consecutive tax years elected under ORS 358.480 to
358.545, list on the assessment and tax roll a
specially assessed value for property classified
as historic property that equals the assessed
value of the property at the time application for
classification was made.
(b)
Notwithstanding paragraph (a) of this subsection,
if the property that is the subject of the
application was exempt or specially assessed at
the time the application for classification was
made, the county assessor shall, for the 15
consecutive tax years elected under ORS 358.480 to
358.545, list on the assessment and tax roll a
specially assessed value for the property that
equals the product of the real market value of the
property for the tax year in which the application
was made multiplied by the ratio of the average
maximum assessed value over the average real
market value for that tax year of property in the
same area and property class.
(c) If a
reapplication for classification and special
assessment filed pursuant to ORS 358.540 (3) is
approved under ORS 358.490, the county assessor
shall, for 15 consecutive tax years after the date
of the filing of the reapplication, list on the
assessment and tax roll a specially assessed value
for the property that was the subject of the
reapplication that equals the product of the real
market value of the property for the assessment
year in which the reapplication is made multiplied
by the ratio of the average maximum assessed value
over the average real market value for the
assessment year of property in the same area and
property class.
(2)(a) For the
first tax year of a 15-year period of historic
property special assessment, notwithstanding ORS
308.149 (2), the maximum assessed value of
property subject to historic property special
assessment shall equal the specially assessed
value of the property under subsection (1) of this
section multiplied by the ratio, not greater than
1.00, of the maximum assessed value the property
would have had if the property were not specially
assessed over the real market value of the
property.
(b) For each tax
year after the first tax year in which the
property is subject to special assessment as
historic property and before the conclusion of the
15-year period of historic property special
assessment, the property’s maximum assessed
value subject to special assessment shall equal
103 percent of the property’s assessed value
from the prior year or 100 percent of the
property’s maximum assessed value subject to
special assessment from the prior year, whichever
is greater.
(3) The assessed
value of property that is classified as historic
property for the tax year shall equal the lesser
of:
(a) The
property’s specially assessed value as
determined under subsection (1) of this section;
or
(b) The
property’s maximum assessed value as determined
under subsection (2) of this section.
(4) Except as
provided under ORS 358.487 (2), the entitlement of
property to the special assessment provisions of
this section shall be determined as of July 1. If
the property becomes disqualified on or after July
1, its assessment for that year shall continue as
provided in this section.
(5) Assessed
value, as defined and determined under ORS
308.146, shall be determined for property
classified as historic property by the county
assessor each year. The assessed value so
determined for any year shall be subject to appeal
to the county board of property tax appeals within
the time and in the manner provided in ORS chapter
309 and shall be subject to appeal thereafter to
the Oregon Tax Court and to the Oregon Supreme
Court within the time and in the manner provided
for appeals of value determination for purposes of
ad valorem property taxation.
(6) The
Department of Revenue, in consultation with the
State Historic Preservation Officer, shall adopt
rules within its area of expertise that are
necessary to the implementation of ORS 358.480 to
358.545. [1975 c.514 §6; 1981 c.804 §97; 1983
c.720 §6; 1985 c.565 §63; 1991 c.459 §325; 1995
c.5 §9; 1995 c.650 §80; 1995 c.693 §6; 1997
c.541 §§429,430; 2001 c.540 §8]
Note:
See second note under 358.540.
Note:
Sections 28 and 28b, chapter 540, Oregon Laws
2001, provide:
Sec. 28.
(1) As used in this section, "qualified
property" means property that was commercial
property at the time the property was first
classified and assessed as historic property under
ORS 358.480 to 358.545 and that, as of July 1 of
the 15th tax year of historic property
classification and assessment under ORS 358.480 to
358.545, is no longer commercial property.
(2)
Notwithstanding ORS 358.505 and 358.540, qualified
property that continues to be maintained,
rehabilitated or preserved as historic property
shall be assessed as provided in ORS 358.505 for
one additional tax year following the conclusion
of the 15-year period of historic property
assessment. The specially assessed value of the
property for the 15th tax year of historic
property assessment shall apply to the additional
tax year.
(3) This section
applies to qualified property for which the
original 15-year term of historic property
classification and assessment concludes after June
30, 2003, and before July 1, 2004. [2001 c.540 §28]
Sec. 28b.
Section 28 of this 2001 Act is repealed on
December 31, 2006. [2001 c.540 §28b]
358.506
[1957 c.196 §4; repealed by 1957 c.196 §10]
358.507
[1997 c.541 §433; repealed by 2001 c.540 §26]
358.508
[1957 c.196 §5; repealed by 1957 c.196 §10]
358.509 Review of
continued qualification of property by State
Historic Preservation Officer.
If the county assessor, local landmark commission
or governing body has reason to believe that
property classified as historic property is not
being maintained, rehabilitated or preserved as
required under the preservation plan approved for
the property, as amended, or as required under
rules established by the State Historic
Preservation Officer, or otherwise no longer
qualifies for classification and special
assessment as historic property, the county
assessor, local landmark commission or governing
body shall request the State Historic Preservation
Officer to determine if the property continues to
qualify. The request shall be in writing and state
the reasons why the continuing qualification is
questioned. Upon receipt of the request, the State
Historic Preservation Officer may initiate a
continuing qualification review. If a review is
initiated, the State Historic Preservation Officer
or designee of the officer shall inspect the
property and may take whatever steps are necessary
to determine if the property continues to qualify
for special assessment including a request for a
report under ORS 358.535. The State Historic
Preservation Officer shall notify the county
assessor of the determination made pursuant to the
request within 60 days after the request is
received. A determination by the State Historic
Preservation Officer that the property no longer
qualifies shall constitute a discovery described
in ORS 358.515 (1)(c). [1979 c.346 §4; 1983 c.720
§7; 1995 c.5 §10; 1995 c.693 §7; 2001 c.540 §9]
358.510
[Repealed by 1957 c.196 §2]
358.511 Historic
Assessment Review Committee.
(1) There is established an Historic Assessment
Review Committee consisting of three members
appointed by the Governor.
(2) The term of
office of each member is four years, but a member
serves at the pleasure of the Governor. A member
is eligible for reappointment. A member whose term
has expired shall continue to serve until a
successor has been appointed.
(3) Appointments
to the review committee shall be based on
representation of interests of the county
assessors, historic preservation interests and
local government.
(4) A majority of
the members of the review committee constitutes a
quorum for the transaction of business. [1995
c.693 §16; 2001 c.540 §10]
Note:
358.511 was enacted into law by the Legislative
Assembly but was not added to or made a part of
ORS chapter 358 or any series therein by
legislative action. See Preface to Oregon Revised
Statutes for further explanation.
358.512
[1957 c.196 §6; repealed by 1957 c.196 §10]
358.514
[1957 c.196 §7; repealed by 1957 c.196 §10]
358.515 Loss of
special assessment; effect of sale or transfer;
notice to assessor when property ceases to
qualify.
(1) When property has once been classified and
assessed as historic property pursuant to
application filed under ORS 358.480 to 358.545, it
shall remain so classified and be granted the
special assessment provided by ORS 358.505 until
the property becomes disqualified for such
classification and assessment by:
(a) Written
notice by the taxpayer to the assessor to remove
the special assessment.
(b) Sale or
transfer to an ownership making it exempt from
property taxation.
(c) Removal of
the special assessment by the assessor upon
discovery that the property no longer qualifies as
historic property because it is not in compliance
with the preservation plan applicable to the
property or for other reason.
(2)(a) The sale
or transfer to a new owner or transfer by reason
of death of a former owner to a new owner does not
operate to disqualify the property from the
special assessment provided by ORS 358.505 so long
as the property continues to qualify as historic
property.
(b) The new owner
shall notify the State Historic Preservation
Officer of the sale or transfer of ownership
within 60 days after the date that the documents
described in ORS 93.040 are recorded.
(3) When, for any
reason, the property or any portion thereof ceases
to qualify as historic property, the owner at the
time of change shall notify the assessor and the
State Historic Preservation Officer of the change
prior to the next January 1 assessment date. [1975
c.514 §7; 1979 c.346 §1; 1983 c.720 §8; 1991
c.459 §326; 1995 c.5 §11; 1995 c.693 §8; 1997
c.541 §434; 2001 c.540 §11]
358.516
[1957 c.196 §10; repealed by 1957 c.196 §10]
358.520
[Renumbered 390.220]
358.525
Imposition of additional taxes when property
disqualified; exception.
(1) Except as provided in subsection (4) of this
section, whenever property that has received
special assessment as historic property under ORS
358.480 to 358.545 thereafter becomes disqualified
for such assessment as provided in ORS 358.515,
there shall be added to the tax extended against
the property on the next general property tax
roll, to be collected and distributed in the same
manner as the remainder of real property tax,
additional taxes equal to the difference between
the taxes assessed against the property and the
taxes that would otherwise have been assessed
against the property for each of the last 15 years
(or such lesser number of years, corresponding to
the years of assessment as historic property
applicable to the property) as of January 1 of the
assessment year for which the property was
disqualified for special assessment plus an amount
equal to the sum of the interest on each year’s
additional taxes computed under ORS 311.505 from
November 15 of the tax year for which back taxes
are being added to July 1 of the tax year of
disqualification.
(2) Whenever
property that has received special assessment as
historic property under ORS 358.505 becomes
disqualified for such assessment and either notice
required by ORS 358.515 (3) is not given, the
assessor shall determine the date that the notice
should have been given, shall notify the owner
thereof and, notwithstanding ORS 311.235, there
shall be added to the tax extended against the
property on the next general property tax roll, to
be collected and distributed in the same manner as
the remainder of the real property tax, in full
payment of all taxes and penalties accruing from
the disqualification, the sum of the following:
(a) Additional
taxes equal to the difference between the total
amount of taxes that would have been due on the
property for each year, not to exceed the last 15
years, in which special assessment under ORS
358.505 was in effect for the property (even
though erroneously) and the taxes that would have
been due had special assessment not been in effect
plus an amount equal to the sum of the interest on
each year’s additional taxes computed under ORS
311.505 from November 15 of the tax year for which
additional taxes are being added to July 1 of the
tax year of disqualification, plus
(b) An additional
penalty of 15 percent of the amount in paragraph
(a) of this subsection.
(3) Prior to
adding to the tax extended against the property on
the next general property tax roll of any
additional taxes or penalty imposed by subsection
(1) or (2) of this section, in the case of
disqualification pursuant to ORS 358.515 (1)(c),
the assessor shall notify the owner of the
property by mail, return receipt requested, of the
disqualification.
(4) Additional
tax or penalty may not be imposed under subsection
(1) or (2) of this section upon the sale or
transfer to an ownership making it exempt from
property taxation. Additional tax or penalty may
not be imposed under subsection (1) or (2) of this
section if the historic property is destroyed by
fire or act of God.
(5) The amount
determined to be due under subsection (1) or (2)
of this section may be paid to the tax collector
prior to the completion of the next general
property tax roll, pursuant to ORS 311.370.
(6) Additional
taxes collected under this section shall be deemed
to have been imposed in the year to which the
additional taxes relate. [1975 c.514 §8; 1979
c.350 §18; 1983 c.720 §9; 1991 c.459 §327; 1995
c.5 §12; 1995 c.693 §9; 1997 c.541 §435; 2001
c.540 §12]
358.526 Interest
not imposed following disqualification under
certain circumstances; requirements.
(1) Notwithstanding ORS 358.525, whenever property
that has received special assessment as historic
property under ORS 358.480 to 358.545 thereafter
becomes disqualified for historic property
assessment as the result of a written notice given
by the taxpayer pursuant to ORS 358.515 (1)(a),
additional taxes shall be added to the tax
extended against the property as prescribed in ORS
358.525 (1), but interest may not be added to the
additional taxes if within two years following the
date of disqualification:
(a) The property
has been classified for special assessment as
historic property under ORS 358.480 to 358.545;
and
(b) The property
owner has spent an amount implementing an approved
preservation plan for the property that equals or
exceeds five times the amount of interest that
would otherwise be payable under ORS 358.525 (1).
(2) If the
property owner files a written request with the
county assessor, for the period of time from the
disqualification of the property until the earlier
of the time the assessor determines that the
requirements of subsection (1) of this section
have been met or two years following the date of
disqualification, interest that would otherwise be
added to the additional taxes due under ORS
358.525 may not be extended against the property
but shall remain a potential liability on the
assessment and tax roll. If the assessor
determines that the requirements of subsection (1)
of this section are met, the interest shall be
canceled. If the assessor determines that the
requirements of subsection (1) of this section
have not been met, the interest shall be added to
the tax extended against the property as
prescribed in ORS 358.525 (1). [2001 c.540 §12b]
Note:
Section 12c, chapter 540, Oregon Laws 2001,
provides:
Sec. 12c.
Section 12b of this 2001 Act [358.526] applies to
property that is both disqualified from historic
property special assessment pursuant to ORS
358.515 (1)(a) and subsequently classified as
historic property on or after January 1, 2001.
[2001 c.540 §12c]
358.528
Application to change classification as historic
property; withdrawal permitted.
When any property has been classified and assessed
as historic property under ORS 358.480 to 358.545
and the owner or other qualified person applies
for a change in the classification under another
special assessment program, the applicant shall
have 30 days thereafter within which to withdraw
the application, by giving written notice to the
public official or agency to whom the applicant
applied for the change in classification. If no
notice of withdrawal is given by the applicant,
the application shall be acted upon and the change
in classification made, as otherwise provided by
law. [1999 c.314 §48; 2001 c.540 §13]
358.530
[Repealed by 1959 c.242 §1]
358.535 Reports
from owners; effect of failure to comply.
The State Historic Preservation Officer shall at
all times be authorized to demand and receive
reports from owners of property classified as
historic property under ORS 358.480 to 358.545 as
to the continued qualification of the property for
historic property classification. The content of
reports and times for reporting shall be
determined by the State Historic Preservation
Officer. If the owner fails, after 30 days’
written notice by mail, return receipt requested,
to comply with such demand, the State Historic
Preservation Officer shall immediately notify the
assessor and the assessor shall withdraw the
property from classification and apply the
penalties provided by ORS 358.525. [1975 c.514 §9;
1995 c.5 §13; 1995 c.693 §10; 2001 c.540 §14]
358.540
Limitation on renewal of historic property
assessment; exception.
(1) Property classified as historic property under
ORS 358.480 to 358.545 is entitled to any other
exemption or special assessment provided by law.
(2) Property that
has received special assessment under ORS 358.480
to 358.545 for 15 years, at the completion of the
15-year term, is disqualified from historic
property special assessment and is not again
eligible for special assessment under ORS 358.480
to 358.545.
(3)(a)
Notwithstanding subsection (2) of this section,
following completion of the initial 15-year period
of historic property classification and
disqualification under subsection (2) of this
section, the owner of commercial property
classified as historic property may reapply under
ORS 358.487 for one additional 15-year period of
special assessment under ORS 358.480 to 358.545.
Following completion of the second 15-year term of
special assessment, the historic commercial
property shall be disqualified from historic
property special assessment and is not again
eligible for special assessment under ORS 358.480
to 358.545.
(b) A
reapplication filed under this subsection, in
addition to containing all of the information
required of an application filed under ORS
358.487, shall be accompanied by a renovation plan
detailing measures to be taken for purposes of
Americans with Disabilities Act compliance,
seismic improvement measures or energy
conservation measures, the costs associated with
the measures and a schedule of the dates on which
work on the measures will be begun and completed.
(c) A
reapplication filed under this subsection that in
other respects is in compliance with the
application requirements of ORS 358.487 may be
approved only upon a finding by the State Historic
Preservation Officer that the renovation plan
submitted with the reapplication will, if
implemented, result in a significant investment in
the historic property that promotes compliance
with Americans with Disabilities Act requirements
or that results in seismic improvements or energy
conservation improvements to the property. If
approved, the renovation plan shall be considered
an amendment to and part of the preservation plan
filed with the reapplication and in effect for the
property.
(d) The State
Historic Preservation Officer may adopt rules
under this subsection, including rules that
provide:
(A) The minimum
amount of investment that must be made in order
for the investment to be considered a significant
investment.
(B) The minimum
amount of seismic improvement to the property that
must be contemplated in the renovation plan in
order for the plan to be approved.
(C) The minimum
level of energy conservation improvements that
must be contemplated in the renovation plan in
order for the plan to be approved.
(D) The maximum
amount of time between the date of filing of the
reapplication and the date of completion of the
measures described in the renovation plan in order
for the renovation plan to be approved. [1975
c.514 §10; 1983 c.720 §10; 1995 c.5 §14; 1995
c.693 §11; 2001 c.540 §15]
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