2021 Oregon Revised Statutes
Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites
Section 358.480 - Definitions for ORS 358.480 to 358.545.


(1) "Americans with Disabilities Act" means the Americans with Disabilities Act of 1990 (P.L. 101-336), as amended.
(2) "Certify," "certified" and "certification" refer to the approval of historic property by the State Historic Preservation Officer for classification and special assessment under ORS 358.495.
(3) "Classified" and "classification" refer to the recognition of property by the State Historic Preservation Officer as historic property as defined in this section.
(4) "Commercial building" means improved property used in a trade or business or held for the production of income, not including residential rental property.
(5) "Condominium" means, with respect to property submitted to the provisions of ORS 100.005 to 100.627:
(a) The land, if any, whether fee simple, leasehold, easement or other interest or combination thereof, and whether contiguous or noncontiguous;
(b) Any buildings, improvements and structures on the property; and
(c) Any easements, rights and appurtenances belonging to the property.
(6) "Condominium unit" means a part of the property:
(a) That is described in ORS 100.020 (3);
(b) That is intended for any type of independent ownership; and
(c) The boundaries of which are described pursuant to ORS 100.105 (1)(d).
(7) "Condominium unit owner" means, except to the extent the declaration or bylaws provide otherwise, the person owning fee simple interest in a condominium unit, the holder of a vendee’s interest in a condominium unit under a recorded installment contract of sale or, in the case of a leasehold condominium, the holder of the leasehold estate in a condominium unit.
(8) "Contributing resource" means a building, site or structure that adds to the historic significance of a historic property or historic district.
(9) "Developer" means, with respect to a condominium, a declarant who records a declaration under ORS 100.100 or a supplemental declaration under ORS 100.110 or any person who purchases an interest in a condominium from a declarant, successor declarant or subsequent developer for the primary purpose of resale.
(10) "Governing body" means the city or county legislative body having jurisdiction over the property that is the subject of an application for historic property special assessment under ORS 358.487 to 358.543.
(11) "Historic property" means real property that:
(a) Is currently listed, either individually or as a contributing resource, in the National Register of Historic Places established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665);
(b) Is currently not a contributing resource in a listed national register district or property but that, in the opinion of the State Historic Preservation Officer, is eligible to become a contributing resource as a result of a proposed preservation plan; or
(c) Has been determined to be eligible for listing in the National Register of Historic Places by the State Historic Preservation Officer.
(12) "Historic rehabilitation standards" means the United States Secretary of the Interior’s Standards for Rehabilitation as in effect on September 28, 2009.
(13) "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.
(14) "Owner" means a purchaser of real property under a recorded instrument of sale. In the case of multiple purchasers, "owner" may be a designee of the purchasers.
(15) "Preservation":
(a) Means the act or process of applying measures necessary to sustain the existing form, integrity and materials of an 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.
(16) "Preservation plan" means a written document, photographs and drawings that outline the work of preservation, maintenance and rehabilitation proposed for completion while the property is receiving historic property special assessment or completed not more than 24 months before the date of application for historic property special assessment.
(17) "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.
(18) "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 or harm to people in or adjacent to the property in the event of an earthquake.
(19) "Sustainability" means, with respect to historic property, fulfilling present and future needs by using, without harming, renewable resources and unique human and environmental systems of a site, including air, water, land, energy, human ecology and other sustainable systems. [1975 c.514 §2; 1983 c.720 §1; 2001 c.540 §2; 2009 c.892 §2]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 09 - Education and Culture

Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites

Section 358.018 - Duties of Oregon Historical Society.

Section 358.035 - Oregon Historic Families database; duties of State Archivist.

Section 358.045 - Oregon Trail; comprehensive program for development.

Section 358.055 - Oregon Trail; promotion as major tourist attraction.

Section 358.057 - Value and significance of state historic trails.

Section 358.171 - Election to establish county historical fund.

Section 358.180 - Tax levy for county historical fund; limitation.

Section 358.310 - Definitions for ORS 358.310 to 358.405.

Section 358.315 - General authority of cities regarding public museums.

Section 358.320 - Museum commission.

Section 358.330 - Chairperson and secretary of commission; duties of commission regarding records, rules, reports and budgets.

Section 358.345 - Authority of city to establish and operate public museum.

Section 358.355 - Acquisition of site and structure for museum.

Section 358.360 - Duties of museum commission respecting establishment of museum.

Section 358.365 - Duties of museum commission respecting operation of museum.

Section 358.375 - Issuance of bonds to acquire museum site and structure.

Section 358.415 - Definitions for ORS 358.420 to 358.440.

Section 358.420 - Status of property loaned to a museum; statute of limitations on recovery.

Section 358.425 - Notice of termination of loan; content.

Section 358.430 - Procedure for giving notice; responsibility of owner.

Section 358.442 - Definitions for ORS 358.442 to 358.474.

Section 358.444 - Creation of heritage district.

Section 358.446 - Formation of multicounty heritage district.

Section 358.448 - Heritage district board.

Section 358.450 - Election of first heritage district board.

Section 358.452 - Election of heritage district board members; initiative and referendum.

Section 358.454 - Result of election at large or by zone; oath of office; vacancy; term of office.

Section 358.456 - Choice of election at large or by zone.

Section 358.458 - Change in method of nominating and electing heritage district board members.

Section 358.460 - Population within boundaries of zones in heritage districts.

Section 358.462 - Filing boundary change with county assessor and Department of Revenue.

Section 358.464 - Duties of heritage district board.

Section 358.466 - Powers of heritage district board.

Section 358.468 - Heritage district tax levy.

Section 358.470 - Sinking fund for acquisition of historic real property and restoration of historic buildings or facilities.

Section 358.472 - Legal counsel for heritage district.

Section 358.474 - Employees’ retirement system.

Section 358.480 - Definitions for ORS 358.480 to 358.545.

Section 358.487 - Application for classification and special assessment as historic property; term of assessment; fee.

Section 358.490 - Review and approval of application; withdrawal; amendment of plan.

Section 358.495 - Notice of approval or disapproval; certification and plaque; review, hearing and final order.

Section 358.499 - Limitations on classification and special assessment as historic property.

Section 358.500 - Reporting requirement; work approval.

Section 358.505 - Determination of specially assessed value, maximum assessed value and assessed value of historic property; appeals.

Section 358.511 - Historic Assessment Review Committee.

Section 358.515 - Loss of special assessment; notice.

Section 358.525 - Imposition of additional taxes upon disqualification; exceptions.

Section 358.540 - Requirements for second term of historic property special assessment.

Section 358.541 - City or county prohibition of second term.

Section 358.543 - Assessment of new construction and additions; condominiums.

Section 358.565 - State Historic Preservation Officer.

Section 358.570 - Oregon Heritage Commission; establishment; terms of commission members.

Section 358.575 - Commission membership.

Section 358.580 - Selection of chairperson; quorum; meetings.

Section 358.583 - Purpose and duties of commission relating to museums.

Section 358.585 - Rules.

Section 358.590 - Advisory and technical committees; reimbursement of commission member expenses; solicitation of funds.

Section 358.595 - Coordination of heritage activities; Oregon Heritage Plan; inventory of state cultural properties.

Section 358.600 - Periodic review of certain state archival agencies by commission; joint meetings with agencies.

Section 358.605 - Legislative purpose.

Section 358.612 - Duties of State Historic Preservation Officer.

Section 358.622 - State Advisory Committee on Historic Preservation.

Section 358.635 - Definitions for ORS 358.635 to 358.653.

Section 358.640 - State-owned historic artifacts; catalog; recommendations to state agency; rules.

Section 358.650 - Acceptance of historic artifact as gift to state; custody; finders fees.

Section 358.653 - Conservation program; leases.

Section 358.662 - Definitions for ORS 358.662 to 358.678.

Section 358.664 - Historic Preservation Revolving Loan Fund.

Section 358.666 - Historic Preservation Revolving Loan Fund Review Committee.

Section 358.668 - Historic preservation loans; application and approval process.

Section 358.670 - Loan contract terms and requirements.

Section 358.672 - Lien created when historic preservation loan made; procedure; foreclosure.

Section 358.676 - Rules; fees.

Section 358.680 - Definitions for ORS 358.683 to 358.690.

Section 358.683 - Oregon Property Management Program; rules.

Section 358.685 - Duties of director.

Section 358.687 - Reports.

Section 358.690 - Oregon Property Management Account.

Section 358.820 - Tax levy for municipal orchestras and band.

Section 358.831 - Election to levy tax.

Section 358.880 - Oregon State Museum of Natural History; activities; location; operation; state participation.

Section 358.885 - Lane County matching fund relationship.

Section 358.900 - Oregon State Maritime Museum; functions; participation by Department of Transportation.

Section 358.905 - Definitions for ORS 358.905 to 358.961; interpretation.

Section 358.910 - Policy.

Section 358.920 - Prohibited conduct; exception; penalty.

Section 358.923 - When collection may be held notwithstanding ORS 358.920 (3) and (4).

Section 358.924 - Objects held unlawfully considered contraband; seizure; procedure; disposition of seized objects.

Section 358.925 - Seizure of instrumentalities and proceeds of certain violations; forfeiture; procedure.

Section 358.928 - Alternative method for seizure and forfeiture of instrumentalities and proceeds of certain violations; procedure.

Section 358.937 - Declination to prosecute certain violations; notice required; authority of Attorney General to prosecute; requirement to provide investigatory reports to Commission on Indian Services.

Section 358.940 - Reinterment required; notice to appropriate Indian tribe or Commission on Indian Services.

Section 358.945 - Notice required upon finding of object; exception.

Section 358.950 - When notice to Indian tribe required; report; penalty.

Section 358.953 - Compensation to property owner deprived of lawful use of property; expense of removal.

Section 358.955 - Civil enforcement.