Current through Register Vol. 63, No. 9, September 1, 2024
A city must adjust the inventory of residential lands prepared
under OAR 660-038-0060 to account for constrained lands using this rule.
(1) The city must identify the
following physical constraints on land inventoried as vacant or partially
vacant under OAR 660-038-0060:
(a) Floodways
and water bodies. For the purpose of this subsection, "water bodies" includes;
(A) Rivers; and
(B) Lakes, ponds, sloughs, and coastal waters
at least one-half acre in size.
(b) Other lands within the Special Flood
Hazard Area as identified on the applicable Flood Insurance Rate Map;
(c) Lands within the tsunami
inundation zone established pursuant to ORS 455.446;
(d) Contiguous lands of at least one acre
with slopes greater than 25 percent. Slope shall be measured as the increase in
elevation divided by the horizontal distance at maximum 10-foot contour
intervals;
(e) Lands subject to
development restrictions as a result of acknowledged comprehensive plan or land
use regulations to implement Statewide Planning Goals 5, 6, or 7, and
(f) Lands subject to development
prohibitions, natural resource protections, or both in acknowledged
comprehensive plan or land use regulations to implement Statewide Planning
Goals 15, 16, 17, or 18.
(2) For lands identified in section (1), the
city may reduce the estimated residential development capacity by the following
factors in terms of acreage:
(a) For lands
within floodways and water bodies: a 100 percent reduction.
(b) For other lands within Special Flood
Hazard Area as identified on the applicable Flood Insurance Rate Map: a 100
percent reduction.
(c) For lands
within the tsunami inundation zone: no reduction unless the acknowledged
comprehensive plan or land use regulations applicable to such areas prohibits
or reduces residential development, in which case the reduction shall be based
upon the maximum density allowed by the acknowledged comprehensive plan or land
use regulation.
(d) For lands with
slopes that are greater than 25 percent: a 100 percent reduction. However, if
the lot or parcel includes land with slopes less than 25 percent, the reduction
applies only to the land with slopes greater than 25 percent. Slope shall be
measured as the increase in elevation divided by the horizontal distance at
maximum ten-foot contour intervals;
(e) For lands subject to development
restrictions in an acknowledged comprehensive plan or land use regulations
developed pursuant to Statewide Planning Goals 5, 6, or 7: a reduction to the
maximum level of development authorized by the acknowledged comprehensive plan
or land use regulations.
(f) For
lands subject to development prohibitions, natural resource protections, or
both, in an acknowledged comprehensive plan or land use regulations that
implements Statewide Planning Goals 15, 16, 17 or 18: a reduction to the
maximum level of development authorized by the acknowledged comprehensive plan
or land use regulations.
(3) The residential BLI amount for each type
of needed housing for a city is the amount of buildable land for that needed
housing type determined in OAR 660-038-0060 reduced by the constraints as
determined in this rule.
Stat. Auth.: ORS 197.040, 197A.305, 197A.320 &
197.235
Stats. Implemented: ORS 197A.300, 197A.302, 197A.305,
197A.310, 197A.312, 197A.315, 197A.320 &
197A.325
