(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 assessors and governing bodys 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. Note: The amendments to 358.490 by section 3, chapter 209, Oregon Laws 2025, apply to applications for classification and special assessment under 358.480 to 358.545 filed on or after September 26, 2025, for property tax years beginning on or after July 1, 2026. See section 22, chapter 209, Oregon Laws 2025. The text that applies to applications for classification and special assessment under 358.480 to 358.545 filed before September 26, 2025, for property tax years beginning before July 1, 2026, is set forth for the users convenience. 358.490. (1)(a) After an application is submitted under ORS 358.487, the State Historic Preservation Officer shall first review the application to determine whether the application meets the requirements of ORS 358.487 and may view the premises. (b) If the officer determines that the application does not meet the requirements of ORS 358.487, the officer shall return the application with an explanation for the nonacceptance. (c) If the officer determines that the application is complete, 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 from the date the State Historic Preservation Officer transmits the 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 validity and appropriateness of the application to the officer. (3) Within 30 days from the date the State Historic Preservation Officer transmits the 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 officer. (4) During the review process of each application, the State Historic Preservation Officer shall consider the county assessors and governing bodys recommendations submitted under subsections (2) and (3) of this section. (5)(a) After receiving recommendations from the county assessor and governing body under subsections (2) and (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 disapprove the application solely because of the potential loss of revenue that might result from granting the application. (6) Property classified as historic property under ORS 358.480 to 358.545 is entitled to any other exemption or special assessment provided by law. (7) 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. Note: See second note under 358.475.
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