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 (A) Land designated as an urban reserve under OAR chapter 660, division 21, in an <br />2 acknowledged comprehensive plan; <br />3 (B) Land that is subject to an acknowledged exception under ORS 197.732; and <br />4 (C) Land that is nonresource land. <br />5 (b) Second priority is marginal land: land within the study area that is designated as marginal <br />6 land under ORS 197.247 (1991 Edition) in the acknowledged comprehensive plan. <br />7 (c) Third priority is farm or forest land that is not predominantly high-value farmland: land <br />8 within the study area that is designated for agriculture or forest uses in the acknowledged <br />9 comprehensive plan that is not predominantly high-value farmland, as defined in ORS <br />10 195.300, or that does not consist predominantly of prime or unique soils, as determined by <br />11 the United States Department of Agriculture Natural Resources Conservation Service. In <br />12 selecting as much of the suitable land as necessary to satisfy the need, the city must use the <br />13 predominant capability classification system or the predominant cubic site class, as <br />14 appropriate for the acknowledged comprehensive plan designation, to select lower capability <br />15 or cubic site class lands first. <br />16 (d) Fourth priority is farmland that is predominantly high-value farmland: land within the <br />17 study area that is designated as farmland in an acknowledged comprehensive plan and is <br />18 predominantly high-value farmland as defined in ORS 195.300(10). A city may not select <br />19 land that is predominantly made up of prime or unique farm soils, as defined by the United <br />20 States Department of Agriculture Natural Resources Conservation Service, unless there is an <br />21 insufficient amount of other land to satisfy its land need. In selecting as much of the suitable <br />22 land as necessary to satisfy the need, the city must use the predominant capability <br />23 classification system or the predominant cubic site class, as appropriate for the acknowledged <br />24 comprehensive plan designation, to select lower capability or cubic site class lands first. <br />25 (3) Notwithstanding subsections (2)(c) or (d) of this rule, land that would otherwise be excluded <br />26 from a UGB may be included if <br />27 (a) The land contains a small amount of third or fourth priority land that is not important to <br />28 the commercial agricultural enterprise in the area and the land must be included in the UGB <br />29 to connect a nearby and significantly larger area of land of higher priority for inclusion <br />30 within the UGB; or <br />31 (b) The land contains a small amount of third or fourth priority land that is not predominantly <br />32 high-value farmland or predominantly made up of prime or unique farm soils and the land is <br />33 completely surrounded by land of higher priority for inclusion into the UGB. <br />34 OPTION I (Recommended) regarding sorting land into priorities <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 />27 <br />