2015 ORS 94.536¹
Definitions for ORS 94.536 and 94.538

As used in this section and ORS 94.538 (Transferable development credit systems):

(1) "Conservation easement" has the meaning given that term in ORS 271.715 (Definitions for ORS 271.715 to 271.795).

(2) "Governmental unit" means a city, county, metropolitan service district or state agency as defined in ORS 171.133 (Approval of Governor required for state agency measure introduction).

(3) "Holder" has the meaning given that term in ORS 271.715 (Definitions for ORS 271.715 to 271.795).

(4) "Lot" has the meaning given that term in ORS 92.010 (Definitions for ORS 92.010 to 92.192).

(5) "Parcel" has the meaning given that term in ORS 92.010 (Definitions for ORS 92.010 to 92.192).

(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 (Definitions).

(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 195.060 (Definitions).

(13) "Urban reserve" has the meaning given that term in ORS 195.137 (Definitions for ORS 195.137 to 195.145). [2009 c.504 §2; 2010 c.5 §1]

Note: See note under 94.534 (Policy on transferable development credit systems).


1 Legislative Counsel Committee, CHAPTER 94—Real Property Development, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors094.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.