Page 79 - Corvallis, OR Historic Preservation Plan

Historic Preservation Plan

Local jurisdictions are not required to amend local codes in order
to comply with the portions of the rule that apply directly. Local
jurisdictions may use their current procedural hearing processes to
comply with Sections 8 and 9 of the rule. t 1

The remaining provisions represent best practices for local 1
preservation programs. Local governments that choose to establish J r- *1
a preservation program must comply with provisions two through
seven when updating their comprehensive plan. These provisions
include a clear distinction between the inventory, evaluation, and
designation processes for historic resources. The rule clarifies that
local governments may inventory and evaluate historic resources
without owner consent. Designation is defined as a distinct step in the
process, and is subject to the owner consent law. Once designated,
local governments “must adopt land use regulations to protect locally
significant historic resources.”

The SHPO strongly encourages the continued protection of historic
resources listed in the National Register under established codes, and
the application of additional protection measures as described in the
revised rule for properties listed in the future. The revised rule now
requires a permit application with public hearings to apply design review
to individual properties and districts listed in the National Register after
the rule takes effect. The provision complies with recommendations
from the National Park Service and is consistent with Oregon’s land use
laws that require balancing land use priorities by elected officials. The
provision does not reduce existing protections for historic resources
listed in the National Register where local protections already apply.
Local jurisdictions may add properties listed in the National Register or
proposed for listing to their local landmark lists, subject to the owner
consent law.

The changes to the Goal 5 rule are significant, and will require
local governments to examine their local code and practices. In its
recommendation, the RAC did attempt to eliminate or limit the
impact on existing preservation programs. However, because of the
variety of approaches to preservation across the state, the Oregon
SHPO acknowledges that unanticipated impacts may be experienced
in some jurisdictions. Oregon SHPO staff will provide advice and
guidance as requested, provide training, and update their website and
Model Historic Preservation Ordinance. Funds from the Certified Local
Government grant may be used for code updates as needed.

Final: November 15, 2017 73