Current through Register Vol. 63, No. 9, September 1, 2024
(1) When
considering a UGB amendment to accommodate a need deficit identified in OAR
660-024-0050(4), a city outside of Metro must determine which land to add to
the UGB by evaluating alternative locations within a "study area" established
pursuant to this rule. To establish the study area, the city must first
identify a "preliminary study area" which shall not include land within a
different UGB or the corporate limits of a city within a different UGB. The
preliminary study area shall include:
(a) All
lands in the city's acknowledged urban reserve, if any;
(b) All lands that are within the following
distance from the acknowledged UGB:
(A) For
cities with a UGB population less than 10,000: one-half mile;
(B) For cities with a UGB population equal to
or greater than 10,000: one mile;
(c) All exception areas contiguous to an
exception area that includes land within the distance specified in subsection
(b) and that are within the following distance from the acknowledged UGB:
(A) For cities with a UGB population less
than 10,000: one mile;
(B) For
cities with a UGB population equal to or greater than 10,000: one and one-half
miles;
(d) At the
discretion of the city, the preliminary study area may include land that is
beyond the distance specified in subsections (b) and (c).
(2) A city that initiated the evaluation or
amendment of its UGB prior to January 1, 2016, may choose to identify a
preliminary study area applying the standard in this section rather than
section (1). For such cities, the preliminary study area shall consist of:
(a) All land adjacent to the acknowledged
UGB, including all land in the vicinity of the UGB that has a reasonable
potential to satisfy the identified need deficiency, and
(b) All land in the city's acknowledged urban
reserve established under OAR chapter 660, division 21, if applicable.
(3) When the primary
purpose for expansion of the UGB is to accommodate a particular industrial use
that requires specific site characteristics, or to accommodate a public
facility that requires specific site characteristics, and the site
characteristics may be found in only a small number of locations, the
preliminary study area may be limited to those locations within the distance
described in section (1) or (2), whichever is appropriate, that have or could
be improved to provide the required site characteristics. For purposes of this
section:
(a) The definition of "site
characteristics" in OAR 660-009-0005(11) applies for purposes of identifying a
particular industrial use.
(b) A
"public facility" may include a facility necessary for public sewer, water,
storm water, transportation, parks, schools, or fire protection. Site
characteristics may include but are not limited to size, topography and
proximity.
(4) The city
may exclude land from the preliminary study area if it determines that:
(a) Based on the standards in section (7) of
this rule, it is impracticable to provide necessary public facilities or
services to the land;
(b) The land
is subject to significant development hazards, due to a risk of:
(A) Landslides: The land consists of a
landslide deposit or scarp flank that is described and mapped on the Statewide
Landslide Information Database for Oregon (SLIDO) Release 3.2 Geodatabase
published by the Oregon Department of Geology and Mineral Industries (DOGAMI)
December 2014, provided that the deposit or scarp flank in the data source is
mapped at a scale of 1:40,000 or finer. If the owner of a lot or parcel
provides the city with a site-specific analysis by a certified engineering
geologist demonstrating that development of the property would not be subject
to significant landslide risk, the city may not exclude the lot or parcel under
this paragraph;
(B) Flooding,
including inundation during storm surges: the land is within the Special Flood
Hazard Area (SFHA) identified on the applicable Flood Insurance Rate Map
(FIRM);
(C) Tsunamis: the land is
within a tsunami inundation zone established pursuant to ORS 455.446;
(c) The land consists
of a significant scenic, natural, cultural or recreational resource described
in this subsection:
(A) Land that is
designated in an acknowledged comprehensive plan prior to initiation of the UGB
amendment, or that is mapped on a published state or federal inventory at a
scale sufficient to determine its location for purposes of this rule, as:
(i) Critical or essential habitat for a
species listed by a state or federal agency as threatened or endangered;
(ii) Core habitat for Greater Sage
Grouse; or
(iii) Big game
migration corridors or winter range, except where located on lands designated
as urban reserves or exception areas;
(B) Federal Wild and Scenic Rivers and State
Scenic Waterways, including Related Adjacent Lands described by ORS 390.805, as
mapped by the applicable state or federal agency responsible for the scenic
program;
(C) Designated Natural
Areas on the Oregon State Register of Natural Heritage Resources;
(D) Wellhead protection areas described under
OAR 660-023-0140 and delineated on a local comprehensive plan;
(E) Aquatic areas subject to Statewide
Planning Goal 16 that are in a Natural or Conservation management unit
designated in an acknowledged comprehensive plan;
(F) Lands subject to acknowledged
comprehensive plan or land use regulations that implement Statewide Planning
Goal 17, Coastal Shoreland, Use Requirement 1;
(G) Lands subject to acknowledged
comprehensive plan or land use regulations that implement Statewide Planning
Goal 18, Implementation Requirement 2;
(d) The land is owned by the federal
government and managed primarily for rural uses.
(5) After excluding land from the preliminary
study area under section (4), the city must adjust the area, if necessary, so
that it includes an amount of land that is at least twice the amount of land
needed for the deficiency determined under OAR 660-024-0050(4) or, if
applicable, twice the particular land need described in section (3). Such
adjustment shall be made by expanding the distance specified under the
applicable section (1) or (2) and applying section (4) to the expanded area.
(6) For purposes of evaluating the
priority of land under OAR 660-024-0067, the "study area" shall consist of all
land that remains in the preliminary study area described in section (1), (2)
or (3) of this rule after adjustments to the area based on sections (4) and
(5), provided that when a purpose of the UGB expansion is to accommodate a
public park need, the city must also consider whether land excluded under
subsection (4)(a) through (c) of this rule can reasonably accommodate the park
use.
(7) For purposes of
subsection (4)(a), the city may consider it impracticable to provide necessary
public facilities or services to the following lands:
(a) Contiguous areas of at least five acres
where 75 percent or more of the land has a slope of 25 percent or greater,
provided that contiguous areas 20 acres or more that are less than 25 percent
slope may not be excluded under this subsection. Slope shall be measured as the
increase in elevation divided by the horizontal distance at maximum ten-foot
contour intervals;
(b) Land that
is isolated from existing service networks by physical, topographic, or other
impediments to service provision such that it is impracticable to provide
necessary facilities or services to the land within the planning period. The
city's determination shall be based on an evaluation of:
(A) The likely amount of development that
could occur on the land within the planning period;
(B) The likely cost of facilities and
services; and,
(C) Any substantial
evidence collected by or presented to the city regarding how similarly situated
land in the region has, or has not, developed over time.
(c) As used in this section, "impediments to
service provision" may include but are not limited to:
(A) Major rivers or other water bodies that
would require new bridge crossings to serve planned urban development;
(B) Topographic features such as
canyons or ridges with slopes exceeding 40 percent and vertical relief of
greater than 80 feet;
(C)
Freeways, rail lines, or other restricted access corridors that would require
new grade separated crossings to serve planned urban development;
(D) Significant scenic, natural, cultural or
recreational resources on an acknowledged plan inventory and subject to
protection measures under the plan or implementing regulations, or on a
published state or federal inventory, that would prohibit or substantially
impede the placement or construction of necessary public facilities and
services.
(8) Land may not be excluded from the
preliminary study area based on a finding of impracticability that is primarily
a result of existing development patterns. However, a city may forecast
development capacity for such land as provided in OAR 660-024-0067(1)(d).
(9) Notwithstanding OAR
660-024-0050(4) and section (1) of this rule, except during periodic review or
other legislative review of the UGB, the city may approve an application under
ORS 197.610 to 197.625 for a UGB amendment to add an amount of land less than
necessary to satisfy the land need deficiency determined under OAR
660-024-0050(4), provided the amendment complies with all other applicable
requirements.
Stat. Auth.: ORS 197.040, 197A.305, 197A.320 & 197.235,
Statewide Planning Goal 14
Stats. Implemented: ORS 195.036, 197.015, 197.295 - 197.314,
197.610 - 197.650, 197.764, 197A.300 -
197A.325
