Agenda Item 4 - UGB Rulemaking <br />December 3-4, 2015 - LCDC Meeting <br />Page 12 of 56 <br />660-038-0180 - Planning Requirements for Land added to a UGB (p. 30) <br />660-038-0190 - Additional Planning for Residential Lands Added to the UGB (p. 31) <br />660-038-0200 - Serviceability (p. 32) <br />Tables: Pages 36 through 45. <br />A detailed description of each proposed new rule in division 38 is provided below. <br />Rule 0000: Purpose (page 1) <br />General: Most LCDC rule divisions begin with a "purpose" rule, as does the proposed new <br />division 38. Purpose rules describe the intent of an entire division of rules, and may indicate <br />which particular goals or statutes are implemented. There are three proposed sections for the <br />proposed "Purpose Rule" for division 38, described below. <br />Section (1) generally describes the purpose of this new division of administrative rules: to <br />establish a new simplified UGB process and to implement state laws under ORS 197A.300 to <br />197A.325 that requires adoption of new simplified UGB rules. A "note" is also provided in this <br />rule, to clarify that there is one particular statute (in this string of statutes, ORS 197A.320), that <br />applies to both the new simplified method and to UGB amendments that may be proposed under <br />the traditional method described in current rules at OAR 660, division 24. This is an important <br />note to someone reading this division, so that the overall scope of the division may be <br />understood in context with the traditional process. This also provides a guidepost for those <br />reading the division as to where the "locational provisions" of the new laws are reflected with <br />respect to the traditional method: in division 24 (see description of proposed amendments to <br />OAR 660, division 24, described later in this report and provided as Attachment B to this report). <br />Section (2) clarifies that both the new simplified method and changes to the traditional method <br />become effective January 1, 2016. This also indicates that cities have an option to choose which <br />of these methods (simplified or traditional) to use in amending a UGB, as described further in the <br />"applicability" rule in OAR 660-038-0020 (see below). <br />Section (3) provides the "intent" for the new simplified process, repeating the intent provided in <br />law at ORS 197A.302. The various objectives in this intent rule are identical to those in the <br />statute. They provide guideposts for LCDC in adopting the rules, and will also help with <br />evaluating the effects of the rules over time. <br />0010: Definitions (Page 2) <br />General: As in most LCDC rule divisions, the new division 38 includes a set of definitions for <br />terms used in rules throughout the division. Occasionally a term is used in only one particular <br />rule in the division, and as such that definition will not appear in this general definition rule but <br />will instead only appear in that particular rule. The preamble to this rule notes that all definitions <br />for Oregon land use statutes in ORS 197.015 apply, as well as definition in the statewide <br />planning goals, apply to this rule (if applicable). <br />