In order to validate the boundaries of a unit of land that was unlawfully created before January 1, 2007, you need to apply for a Validation of a Unit of Land.

The approval process starts with the tentative plan review outlined below and ends with finalizing your land survey.

Step 1: Tentative Plan Review

An application for a validation is processed as a Type II Procedure under Salem Revised Code (SRC) Chapter 300.

Process

• Application. You must submit all required items listed in the application checklist section below to the Permit Application Center Portal.
• Completeness review. Staff reviews your application for completeness.
  
  • If the application is not complete, you will be notified as to what information is missing and will have 180 days to submit the additional information.
  • If all of the required information is submitted the application will be deemed complete and the comment period will begin.
  • You may track the status of your application online at the City of Salem permit tracking webpage.
• Public comment period. Once the required information is submitted and the application is deemed complete:
  
  • Staff sends a notice of proposal to the applicant, property owner(s), neighborhood association, property owners within 250 feet, all addresses within 250 ft., all addresses on the subject property, and any active and duly incorporated Homeowner's Association (HOA) involving the subject property, indicating a public comment period of 14 days.
• Conformance review. Once a complete application is submitted, staff reviews the plan to determine if it meets the criteria in SRC 205.060(d).
• Decision. The Planning Administrator makes a decision to approve or deny your application depending on whether or not the proposal meets the applicable criteria.
  
  • Staff sends a copy of the decision (noting the 15-day appeal period) to you, the property owner, the neighborhood association, neighboring property owners within 250 feet, all addresses within 250 feet, all addresses on the subject property and any active and duly incorporated Homeowner's Association (HOA) involving the subject property.
  • If the decision is not appealed, and the City Council does not initiate review of the application, the validation decision becomes effective.

Application Checklist

• Completed land use application form. The application form must be signed by the:
  
  • Applicant(s)
  • Property owner(s)
  • Duly authorized representative(s).
  • If the applicant and/or the property owner are a Limited Liability Company (LLC), you must also provide a list of all members of the LLC with your land use application.
  • The land use form will be generated for you when you submit through the Permit Application Center Portal. You will be required to sign the application that is created and upload the signed form.
• Application fee. You must pay the application fee when you file your application.
• Recorded deed/land sales contract with legal description. You must submit a copy of the recorded deed or land sales contract that created the unit of land.
• Land Division Regulations. For a unit of land unlawfully created within the City, a copy of the land division and zoning regulations applicable to the property at the time the unit of land was created. For a unit of land unlawfully created outside the City, a written statement from the county identifying the zoning of the property at the time the unit of land was created and either:
  
  • A written statement from the county confirming the unit of land could have complied with the applicable criteria for creation of the unit of land in effect when it was created;
  • A copy of the land division and zoning regulations applicable to the property at the time the unit of land was created.
• Homeowners Association Information. A statement indicating whether the subject property is subject to an active and duly incorporated Homeowner's Association (HOA) registered with the Oregon Secretary of State. If so, the applicant shall provide the HOA name, name of the registered agent and the mailing address for the registered agent.
• Trip Generation Estimate form. You must complete a TGE form and upload it with your land use application. Staff will decide whether or not a Transportation Impact Analysis is necessary.
  
  • If a TIA is not required, you must submit the completed and approved TGE form with your application.
  • If a TIA is required, the TIA must be completed and approved by Public Works prior to completion of all land use applications.
• Written statement. You must provide a written statement that describes your proposal and how it meets the criteria for a validation of a unit of land (SRC 205.005(d)):
  
  • The unit of land is not a lawfully established unit of land.
  • The unit of land was created through sale by deed or land sales contract executed and recorded before January 1, 2007.
  • The unit of land could have complied with applicable criteria for the creation of the unit of land in effect when the unit of land was sold.
  • The plat complies with SRC 205.035 and ORS 92, or
  • A statement and proof that the validation should be approved due to the issuance of a permit to allow the construction or placement of a dwelling or other building on the unit of land after the sale.
• Title report. You must provide a current title report for the property.
• Plat. You must submit a plat prepared in accordance with SRC 205.035 and ORS 92.

Step 2: Finalize Your Land Survey (Plat)

Once you have tentative plan approval, you will work with the City's Public Works Department and your land surveyor to finalize your land survey and record your plat.

Learn How to Finalize Your Land Survey