(1) New and existing dwellings may be allowed on a lot or parcel subject to wildlife habitat special assessment under ORS § 308A.403 to 308A.430 as follows:

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(a) Lawfully existing dwellings, pursuant to ORS § 215.130 (5) to (11), may remain.

(b) For a lot or parcel without an existing dwelling, dwellings may be allowed if each dwelling for which the landowner seeks approval complies with all applicable requirements under the county’s acknowledged zoning ordinance.

(2) The fact that a lot or parcel is subject to wildlife habitat special assessment may not make it easier or more difficult for a landowner to obtain approval for a dwelling on the lot or parcel. [2003 c.539 § 14; 2005 c.94 § 1]

215.799 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

[1993 c.764 § 1; 1997 c.504 § 1; 2001 c.708 § 8; 2003 c.454 86,88; 2003 c.621 § 72; repealed by 2003 c.539 § 33]

[2001 c.708 § 7; 2003 c.454 § 90; 2003 c.621 § 73; repealed by 2003 c.539 § 33]

[1993 c.764 § 2; 1997 c.504 § 2; 2001 c.708 § 9; repealed by 2003 c.539 § 33]

[1993 c.764 § 3; 1997 c.504 § 3; repealed by 2003 c.539 § 33]

[1993 c.764 § 4; 1999 c.59 § 59; 2001 c.708 § 10; repealed by 2003 c.539 § 33]

[1993 c.764 § 5; 1997 c.504 § 4; 1999 c.314 § 61; 1999 c.503 § 8; 1999 c.842 § 2; 2001 c.708 § 11; 2003 c.454 92,94; 2003 c.621 § 74; repealed by 2003 c.539 § 33]

[Subsections (1) and (2) enacted as 1955 c.439 § 11; subsection (5) enacted as 1969 c.324 § 8; 1971 c.13 § 4; repealed by 1977 c.766 § 16]