Measures 49 and 37 Advisory
Ballot Measure 49, passed by Oregon voters on November 6, 2007, substantially changed the scope of development previously authorized under Measure 37. Please be advised that the requirements of Ballot Measure 49 may limit or prohibit some or all of the development authorized by land use approvals or building permits issued by Marion County based on approved Measure 37 claims. The requirements of Ballot Measure 49 may likewise prohibit Marion County from issuing any additional permits or approvals necessary to implement these land use approvals or building permits. Before proceeding with any development work or undertaking any other action to implement this approval, property owners with Measure 37 claims are urged to consult with an attorney regarding the effect of Ballot Measure 49 on planned uses of their property.
The State of Oregon issued notices advising claimants of their potential development rights under Measure 49, and the process for establishing those rights. For more information on the state’s review of claims under Measure 49, please contact the Oregon Department of Land Conservation and Development at (503) 373-0050. Marion County Board of Commissioners passed Ordinance No. 1255 on December 5, 2007, effective December 6, 2007, regarding Measures 49 and 37. The purpose of this ordinance was to establish a procedure for determining whether a property owner, who was granted a waiver from land use regulations pursuant to ORS 197.352 (Measure 37) before it was amended by the adoption of Ballot Measure 49, has a common law vested right to complete and continue the use described in the waiver.Any person who wishes to complete or continue any use of property allowed pursuant to a Measure 37 waiver shall file an application for a vested rights determination as required by Measure 49. Until the Board's determination of vested rights has been made, no permits shall be issued. A Measure 49 Vested Rights Determination Application must be submitted to the Marion County Planning Division. For more information on this application and/or the M49 Vested Rights Determination process, contact Joe Fennimore, Principal Planner, at (503) 588-5038. This advisory is for information purposes only and is not intended to be legal advice.