December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment A <br />Proposed New Rules to Implement ORS 197A Public Draft 3 - November 23, 2015 <br />1 (6) Land may not be excluded from the preliminary study area based on a finding of <br />2 impracticability that is primarily a result of existing development patterns. However, a city may <br />3 forecast development capacity as provided in OAR 660-038-0170(1)(c). <br />4 (7) A city that has a population of 10,000 or more that evaluates or amends its UGB using a <br />5 method described in this division, must notify districts and counties that have territory within the <br />6 study area as required by ORS 197A.315 and meet other applicable requirements in that statute. <br />7 OAR 660-038-0170 <br />8 Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities <br />9 (1) A city considering a UGB amendment must decide which land to add to the UGB by <br />10 evaluating all land in the study area determined under OAR 660-038-0160, as follows <br />11 (a) Beginning with the highest priority category of land described in section (2), the city must <br />12 apply section (5) of this rule to determine which land in that priority category is suitable to <br />13 satisfy the need deficiency determined under OAR 660-038-0080 and OAR 660-038-0150 <br />14 and select for inclusion in the UGB as much of the land as necessary to satisfy the need. <br />15 (b) If the amount of suitable land in the first priority category is not adequate to satisfy the <br />16 identified need deficiency, the city must apply section (5) to determine which land in the next <br />17 priority is suitable and select for inclusion in the UGB as much of the suitable land in that <br />18 priority as necessary to satisfy the need. The city must proceed in this manner until all the <br />19 land need is satisfied. <br />20 (c) If the amount of suitable land in a particular priority category in section (2) exceeds the <br />21 amount necessary to satisfy the need deficiency, the city must choose which land in that <br />22 priority to include in the UGB by applying the criteria in section (7) of this rule. <br />23 (d) In evaluating the sufficiency of land to satisfy a need under this section, the city may <br />24 consider factors that reduce the capacity of the land to meet the need, including factors <br />25 identified in sections (5) and (6) of this rule. <br />26 (e) Land that is determined to not be suitable under section (5) of this rule to satisfy the need <br />27 deficiency determined under OAR 660-038-0080 or OAR 660-038-0150 is not required to be <br />28 selected for inclusion in the UGB unless its inclusion is necessary to serve other higher <br />29 priority lands. <br />30 (2) Priority of Land for inclusion in a UGB: <br />31 (a) First priority is urban reserve, exception land, and nonresource land. Lands in the study <br />32 area that meet the description in paragraphs (A) through (C) of this subsection are of equal <br />33 (first) priority: <br />11/23/2015 3:43:00 PM <br />http://intranet.dlcd.state.or.us/projects/UGBRAC/Reference Documents/660-038_3rdPublicDraft_2015-11-20.docx v2.0 <br />26 <br />