Oregon Ballot Measure 46 (2008)

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WHEREAS, currently some property owners are required by government to earn from their property $80,000 in income annually for two years before being granted a permit to build a house on their own property;

WHEREAS it is an extreme hardship for most property owners to meet such an unreasonably high income test before being allowed to build a home on land they already own;

WHEREAS such income rules are not applied to properties after the initial test period and do not demonstrate any meaningful long term commitment to commercial farming; therefore, in order to insure that all property owners are treated fairly and equally and to preserve and protect the right of property owners to utilize their property for its highest and best use;

Be it enacted by the People of the State of Oregon;

A new section shall be added to and made part of the Oregon Revised Statutes, which section shall read:

Section 1. (a) No property owner shall be required to earn any amount, level, or type of income from a property as a condition for building or siting a single family residence on the property, or be prohibited from building or siting a single family residence on a property, if there is either (i) an existing residential structure on any adjacent property with the same or similar zoning, or (ii) if there are multiple instances in the same county of residential structures having been allowed on other properties with the same or similar zoning.

(b) Nothing in this section exempts a property owner from property setback rules, building height restrictions, or from regulations regarding construction of an adequate waste disposal system to service the residence.

(c) Nothing in this section shall be construed as diminishing or eliminating any pre-existing right of a property owner to build a building or divide a property.

(d) This 2008 Act supersedes any pre-existing law, rule, ordinance, or other enforceable government action with which it conflicts.