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the time of review. Title reports shall be no less than 15 days old at the time of approval of the plat by the Surveyor’s Office, which may require additional updated reports. For a Subdivision Plat resulting from a Measure 37 case, the following statement must be shown below the Marion County Planning Director signature blank: MEASURE 37 WAIVER NOTICE: The Lots shown on this Plat were authorized by waivers of land use regulations by Marion County and the State of Oregon pursuant to ORS 197.352 and Marion County Ordinance #1209 as amended and filed in the Marion County Clerk’s Office. Marion County makes no warranties as to the transferability of the Lots or any development rights related to the Lots.” Marion County Building Inspection Division indicated that each parcel requires septic permits. Marion County Tax Department provided comments regarding taxes. Marion County Fire District #1 commented requiring fire department access and address standards. MARION COUNTY ORDINANCE 1209 FINDINGS 9. Marion County Ordinance No. 1209, Section 8.1 contains the following criteria for reviewing a Measure 37 compensation claim. These include: (a) The challenged regulation is not an exempt regulation as defined in this ordinance . Section 3.4 of Ordinance 1209 contains the definition of an exempt regulation. A subdivision is a use that is not recognized as a public nuisance. The subdivision process requires an application and review and could only be approved if the non-exempt regulations are satisfied. A subdivision is not regulated by federal law, is not a system development charge, and not a regulation related to the pornography or nude dancing industries. A subdivision is not an exempt regulation. Marion County Ordinance 1209, Section 8.1(a) is satisfied. (b) The challenged regulation was enacted or enforced after the applicant or a family member, as defined in Ballot Measure 37, became the owner. The applicant acquired the subject property on March 1, 1968, when the property was not zoned and the proposed use not regulated. In 1977 the property was zoned EFU, which is the current zone. As such, the challenged regulation was enacted after the applicant became the owner. The regulation was enforced when the applicant was denied a subdivision request by the zoning verification letter. Marion County Ordinance 1209, Section 8.1(b) is satisfied. (c) The challenged regulation restricts the use of the owner’s real property or any interest therein, and no other regulation authorizes an exemption, variance, waiver or other release from the regulation. The applicant’s proposed use is restricted through the Marion County Rural Zoning Ordinance. Under the property’s current EFU zoning there are no other processes available that would permit