Current through Register Vol. 63, No. 9, September 1, 2024
Cities shall comply with this rule and OAR 660-038-0170 when
determining which lands to include within the UGB in response to a deficit of
land to meet long-term needs determined under OAR 660-038-0080, 660-038-0150,
or both.
(1) The city shall 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, except
as provided in subsection (d):
(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) The city may exclude land from the
preliminary study area if it determines that any of the conditions in this
section apply to the land:
(a) Based on the
standards in section (5) 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) Migration
corridors or big game 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 that 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.
(3) After excluding land from the preliminary
study area under section (2), the city must adjust the study area, if
necessary, so that it includes an amount of land that is at least twice the
amount of land needed to satisfy the combined need deficiency determined under
OAR 660-038-0080 and 660-038-0150. Such adjustment shall be made by expanding
the applicable distance specified under section (1) and applying section (2) to
the expanded area.
(4) For
purposes of evaluating the priority of land under OAR 660-038-0170, the "study
area" shall consist of all land that remains in the preliminary study area
described in section (1) of this rule after adjustments to the area based on
sections (2) and (3).
(5) For
purposes of subsection (2)(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) Lands
requiring the construction of a new freeway interchange, overpass, underpass,
or similar improvement to accommodate planned urban development providing such
improvement is not currently identified in the Statewide Transportation
Improvement Program (STIP) for construction within the planning period;
(c) 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.
(d) 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 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.
(6) 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
660-038-0170(1)(d).
(7) A city
that has a population of 10,000 or more that evaluates or amends its UGB using
a method described in this division, must notify districts and counties that
have territory within the study area in the manner required by ORS 197A.315 and
meet other applicable requirements in that statute.
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
