Anne Davies <br />February 4, 2014 <br />Page 3 <br />As discussed below, all of this land must be in the first priority category for expanding the UGB, <br />for the reason that it is considered "nonresource land" that is adjacent to the UGB, or "committed <br />land," or in, the case of the River Ridge Agriculture land, is completely surrounded by the UGB <br />and the nonresource land. <br />Discussion: <br />Oregon Revised Statues and Goal 14 prescribe a precise hierarchy regarding the priority of land <br />types that can be included within a proposal to expand an urban growth boundary. That priority, <br />with rare exceptions, controls which lands must be brought into a UGB and, if higher priority <br />lands are insufficient to meet the established land need, identifies the process and standards by <br />which local governments should identify which land of equal priority should be included to <br />address the unmet need. <br />ORS 197.298 sets out both the priority and the permitted exceptions for including lands within <br />an urban growth boundary.' The priorities are: <br />'ORS 197.298 Priority of land to be included within urban growth boundary provides: <br />"(1) In addition to any requirements established by rule addressing urbanization, land may <br />not be included within an urban growth boundary except under the following priorities: <br />"(a) First priority is land that is designated urban reserve land under ORS 195.145, rule or <br />mctropolitan service district action plan. <br />"(b) if land under paragraph (a) of this subsection is inadequate to acconnnodate the <br />amount of land needed, second priority is land adjacent to an urban growth boundary that is <br />identified in an acknowledged comprehensive plan as an exception area or nonresource land. <br />Second priority may include resource land that is completely surrounded by exception areas <br />unless such resource land is high-value farmland as described in ORS 215.710. <br />"(c) If land under- paragraphs (a) and (b) of this subsection is inadequate to accommodate <br />the amount of land needed, third priority is land designated as marginal land pursuant to ORS <br />197.247 (1991 Edition). <br />"(d) If land under paragraphs (a) to (c) of this subsection is inadequate to accommodate <br />the amount of land needed, fourth priority is land designated in an acknowledged <br />comprehensive plan for agriculture or forestry, or both. <br />"(2) Higher priority shall be given to land of lower capability as measured by the <br />capability classification system or by cubic foot site class, whichever is appropriate for the <br />current use. <br />"(3) Land of lower priority under subsection (1) of this section may be included in an <br />urban growth boundary if land of higher priority is found to be inadequate to accommodate <br />the amount of land estirnated in subsection (1) of this section for one or more of the following <br />reasons: <br />"(a) Specific types of identified land needs cannot be reasonably accommodated on higher <br />priority lands; <br />"(b) Future urban services could not reasonably be provided to the higher priority lands <br />due to topographical or other physical constraints; or <br />