Or. Admin. Code § 123-656-1000

Current through Register Vol. 63, No. 10, October 1, 2024

Section 123-656-1000 - TRIBAL ZONES - Applicability of Regular Parameters

For purposes of RENZs and RPRZs:

(1) Their creation does not depend on any measure of local economic hardship or on consultation with local taxing districts.

(2) They do not need to satisfy the following requirements in OAR 123-650, except pursuant to a boundary change under ORS 285C.115(3), including but not limited to:

(a) Maximum distances overall or between an RENZ's separate areas; or

(b) General co-sponsorship or consent by applicable city, port or county governments as described in OAR 123-650-0500.

(3) Each may have total area within its boundary of up to but not more than 12 square miles consistent with OAR 123-650-1000(3) and (4), for which:

(a) A RENZ application to the Department shall adhere to OAR 123-650-1500, but any RENZ may include separate, noncontiguous areas anywhere in this state.

(b) The cosponsors of an RPRZ shall determine how to define, map and describe the zone's area, but it must be contiguous.

(4) Either may designate itself for electronic commerce status under ORS 285C.095 (see OAR 123-662).

(5) The zone sponsor shall fulfill the duties incumbent on it under ORS 285C.105 or elsewhere in ORS chapter 285C, including but not limited to those addressed in OAR 123-668.

(6) They are invariably 'rural' enterprise zones:

(a) Even if entirely or partially inside a regional or metropolitan urban growth boundary, notwithstanding OAR 123-650-0700.

(b) For purposes of the standard exemption under ORS 285C.175 (see OAR 123-674) and long-term tax incentives under ORS 285C.409 (see OAR 123-690), regardless of where any part of the zone exists, but:

(A) The facility must nevertheless be in an applicable county for the long-term tax incentives; and

(B) Neither a RENZ (designated after 2003) nor an RPRZ sponsor may elect or allow a hotel, motel or destination resort business to be eligible for the standard exemption.

(7) They may set a support fee rate with a school district as described in OAR 123-668-4000.

Or. Admin. Code § 123-656-1000

OBDD 24-2010, f. & cert. ef. 6-14-10; OBDD 14-2015, f. & cert. ef. 11/12/2015; OBDD 10-2017, amend filed 11/29/2017, effective 11/29/2017; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.075 & 285C.060(1)

Statutes/Other Implemented: ORS 285C.050 - 285C.250, 285C.255, 285C.300 - 285C.320 & 285C.400 - 285C.420