Current through Register Vol. 63, No. 9, September 1, 2024
(1) To determine
whether to expand the UGB, a city using the method in this division must
compare the amount of land needed for new commercial and industrial development
determined under OAR 660-038-0140 with the amount of vacant or partially vacant
buildable employment land designated for commercial and industrial development
as determined in the employment BLI as per OAR 660-038-0130.
(2) If the amount of buildable commercial
land in the UGB is greater than the amount of land needed for new commercial
development, and the amount of buildable industrial land is greater than the
amount of land needed for new industrial development, then no UGB expansion for
employment land need is allowed.
(3) If the amount of buildable employment
land in the UGB is less than the amount of land needed for either commercial or
industrial development, then the UGB may be expanded to provide the amount of
land needed, provided that:
(a) If the amount
of buildable industrial land is less than the amount of land needed for
industrial development, but is greater than the amount of land needed for
commercial development, then the city must determine whether the industrial
land need can be reasonably accommodated by redesignating the surplus of
buildable commercial land within the UGB, except as provided in section (4) of
this rule.
(b) If the amount of
buildable commercial land is less than the amount of land needed for commercial
development, but is greater than the amount of land needed for new industrial
development, then the city must determine if the commercial land need can be
reasonably accommodated by redesignating the surplus of industrial land within
the UGB, except as provided in section (4) of this rule.
(c) A city must also determine whether
surplus residential land as determined in OAR 660-038-0080, or publicly-owned
land not designated for employment or residential use that has been declared
surplus by the public entity, can reasonably accommodate all or part of an
employment land deficit, except as provided in OAR 660-038-0080(5).
(4) The following existing
commercial or industrial lands may not be re-designated for another use under
this division, including in response to section (3):
(a) Land within industrial sanctuaries
identified on the acknowledged comprehensive plan, including lands added to UGB
as Regional Large Lot Industrial Land under to OAR 660-024-0045.
(b) Land owned by a port district or other
public entity for the purpose of economic development.
(c) Land within:
(A) An urban renewal district;
(B) An enterprise zone, rural enterprise
zone, or urban enterprise zone, as defined in ORS 285C.050; or
(C) A strategic investment zone, as defined
in ORS 285C.623.
(d)
Sites served by state or regional infrastructure investments, such as the
Strategic Reserve Fund (ORS chapter 285B), Connect Oregon, Immediate
Opportunity Fund, or grant or loan programs administered by the Infrastructure
Finance Authority.
(e) Sites that
include working port access or Class A rail access (e.g., access to existing
sidings or loops).
(f) Sites that
have been certified as a shovel ready site by the Oregon Business Development
Department (OBDD), or has received designation as a Regionally Significant
Industrial Area by the Economic Recovery Review Council.
(g) Land that was previously designated as
industrial under rules under this division and may not be redesignated as
provided in OAR 660-038-0180(6).
(h) Land that is designated for a particular
land need under OAR 660-024-0065(10).
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
