Current through Register Vol. 63, No. 9, September 1, 2024
(1) A city
considering a UGB amendment must decide which land to add to the UGB by
evaluating all land in the study area determined under OAR 660-038-0160, as
follows:
(a) Beginning with the highest
priority category of land described in section (2), the city must apply section
(5) to determine which land in that priority category is suitable to satisfy
the need deficiency determined under OAR 660-038-0080 and 660-038-0150 and
select for inclusion in the UGB as much of the land as necessary to satisfy the
need.
(b) If the amount of
suitable land in the first priority category is not adequate to satisfy the
identified need deficiency, the city must apply section (5) to determine which
land in the next priority is suitable and select for inclusion in the UGB as
much of the suitable land in that priority as necessary to satisfy the need.
The city must proceed in this manner until all the land need is satisfied.
(c) If the amount of suitable land
in a particular priority category in section (2) exceeds the amount necessary
to satisfy the need deficiency, the city must choose which land in that
priority to include in the UGB by applying the criteria in section (7) of this
rule.
(d) In evaluating the
sufficiency of land to satisfy a need under this section, the city may consider
factors that reduce the capacity of the land to meet the need, including
factors identified in sections (5) and (6) of this rule.
(e) Land that is determined to not be
suitable under section (5) of this rule to satisfy the need deficiency
determined under OAR 660-038-0080 or 660-038-0150 is not required to be
selected for inclusion in the UGB unless its inclusion is necessary to serve
other higher priority lands.
(2) Priority of Land for inclusion in a UGB:
(a) First priority is urban reserve,
exception land, and nonresource land. Lands in the study area that meet the
description in paragraphs (A) through (C) of this subsection are of equal
(first) priority:
(A) Land designated as an
urban reserve under OAR chapter 660, division 21, in an acknowledged
comprehensive plan;
(B) Land that
is subject to an acknowledged exception under ORS 197.732; and
(C) Land that is nonresource land.
(b) Second priority is marginal
land: land within the study area that is designated as marginal land under ORS
197.247 (1991 Edition) in the acknowledged comprehensive plan.
(c) Third priority is forest or farm land
that is not predominantly high-value farmland: land within the study area that
is designated for forest or agriculture uses in the acknowledged comprehensive
plan that is not predominantly high-value farmland, as defined in ORS 195.300,
or that does not consist predominantly of prime or unique soils, as determined
by the United States Department of Agriculture Natural Resources Conservation
Service (USDA NRCS). In selecting as much of the suitable land as necessary to
satisfy the need, the city must use the agricultural land capability
classification system or the cubic foot site class system, as appropriate for
the acknowledged comprehensive plan designation, to select lower capability or
cubic foot site class lands first.
(d) Fourth priority is farmland that is
predominantly high-value farmland: land within the study area that is
designated as agricultural land in an acknowledged comprehensive plan and is
predominantly high-value farmland as defined in ORS 195.300. A city may not
select land that is predominantly made up of prime or unique farm soils, as
defined by the USDA NRCS, unless there is an insufficient amount of other land
to satisfy its land need. In selecting as much of the suitable land as
necessary to satisfy the need, the city must use the agricultural land
capability classification system to select lower capability lands first.
(3) Notwithstanding
subsections (2)(c) or (d) of this rule, land that would otherwise be excluded
from a UGB may be included if:
(a) The land
contains a small amount of third or fourth priority land that is not important
to the commercial agricultural enterprise in the area and the land must be
included in the UGB to connect a nearby and significantly larger area of land
of higher priority for inclusion within the UGB; or
(b) The land contains a small amount of third
or fourth priority land that is not predominantly high-value farmland or
predominantly made up of prime or unique farm soils and the land is completely
surrounded by land of higher priority for inclusion into the UGB.
(4) For purposes of categorizing
and evaluating land pursuant to subsections (2)(c) and (d) and section (3) of
this rule:
(a) Areas of land not larger than
100 acres may be grouped together and studied as a single unit of land;
(b) Areas of land larger than 100
acres that are similarly situated and have similar soils may be grouped
together provided soils of lower agricultural or forest capability may not be
grouped with soils of higher capability in a manner inconsistent with the
intent of section (2) of this rule, which requires that higher capability
resource lands shall be the last priority for inclusion in a UGB;
(c) When determining whether the land is
predominantly high-value farmland, or predominantly prime or unique,
"predominantly" means more than 50 percent.
(5) With respect to section (1), a city must
assume that vacant or partially vacant land in a particular priority category
is "suitable" to satisfy a need deficiency identified in OAR 660-038-0080 or
660-038-0150, whichever is applicable, unless it demonstrates that the land
cannot satisfy the need based on one or more of the conditions described in
subsections (a) through (f) of this section:
(a) Existing parcelization, lot sizes or
development patterns of rural residential land make that land unsuitable for an
identified employment need, as follows:
(A)
Parcelization: the land consists primarily of parcels 2-acres or less in size,
or
(B) Existing development
patterns: the land cannot be reasonably redeveloped or infilled within the
planning period due to the location of existing structures and infrastructure.
(b) The land would
qualify for exclusion from the preliminary study area under the factors in OAR
660-038-0160(2) but the city declined to exclude it pending more detailed
analysis.
(c) The land is, or will
be upon inclusion in the UGB, subject to natural resources protection under
Statewide Planning Goals 5 such that that no development capacity should be
forecast on that land to meet the land need deficiency.
(d) With respect to needed industrial uses
only, the land is over 10 percent slope, as measured in the manner described in
OAR 660-038-0160(5); is an existing lot or parcel that is smaller than 5 acres
in size; or both.
(e) The land is
subject to a conservation easement described in ORS 271.715 that prohibits
urban development.
(f) The land is
committed to a use described in this subsection and the use is unlikely to be
discontinued during the planning period:
(A)
Public park, church, school, or cemetery, or
(B) Land within the boundary of an airport
designated for airport uses, but not including land designated or zoned for
residential, commercial or industrial uses in an acknowledged comprehensive
plan or land use regulations.
(6) For vacant or partially vacant lands
added to the UGB to provide for residential uses:
(a) Existing lots or parcels one acre or less
may be assumed to have a development capacity of one dwelling unit per lot or
parcel. Existing lots or parcels greater than one acre but less than two acres
shall be assumed to have an aggregate development capacity of two dwelling
units per acre.
(b) In any
subsequent review of a UGB pursuant to this division, the city may use a
development assumption for land described in subsection (a) of this section for
a period of up to 14 years from the date the lands were added to the UGB.
(7) Pursuant to
subsection (1)(c), if the amount of suitable land in a particular priority
category under section (2) exceeds the amount necessary to satisfy the need
deficiency, the city must choose which land in that priority to include in the
UGB by first applying the boundary location factors of Goal 14 and then
applying applicable criteria in the comprehensive plan and land use regulations
acknowledged prior to initiation of the UGB evaluation or amendment. The city
may not apply local comprehensive plan criteria that contradict the
requirements of the boundary location factors of Goal 14. The boundary location
factors are not independent criteria; when the factors are applied to compare
alternative boundary locations and to determine the UGB location the city must
demonstrate that it considered and balanced all the factors. The criteria in
this section may not be used to select lands designated for agriculture or
forest use that have higher land capability or cubic foot site class, as
applicable, ahead of lands that have lower capability or cubic foot site class.
(8) The city must apply the
boundary location factors in coordination with service providers and state
agencies, including the Oregon Department of Transportation (ODOT) with respect
to Factor 2 regarding impacts on the state transportation system, and the
Oregon Department of Fish and Wildlife (ODFW) and the Department of State Lands
(DSL) with respect to Factor 3 regarding environmental consequences.
"Coordination" includes timely notice to agencies and service providers and
consideration of any recommended evaluation methodologies.
(9) In applying Goal 14 Boundary Location
Factor 2, to evaluate alternative locations under section (7), the city must
compare relative costs, advantages and disadvantages of alternative UGB
expansion areas with respect to the provision of public facilities and services
needed to urbanize alternative boundary locations. For purposes of this
section, the term "public facilities and services" means water, sanitary sewer,
storm water management, and transportation facilities. The evaluation and
comparison under Boundary Location Factor 2 must consider:
(a) The impacts to existing water, sanitary
sewer, storm water and transportation facilities that serve nearby areas
already inside the UGB;
(b) The
capacity of existing public facilities and services to serve areas already
inside the UGB as well as areas proposed for addition to the UGB; and
(c) The need for new
transportation facilities, such as highways and other roadways, interchanges,
arterials and collectors, additional travel lanes, other major improvements on
existing roadways and, for urban areas of 25,000 or more, the provision of
public transit service.
(10) The adopted findings for UGB amendment
must describe or map all of the alternative areas evaluated in the boundary
location alternatives analysis.
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
