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 (4) For purposes of subsections (2) (c) and (d) and section (3) of this rule. <br />2 (a) Areas of land not larger than 200 acres maybe grouped together and studied as a single <br />3 unit of land, <br />4 (b) Areas of land larger than 200 acres that are similarly situated and have similar soils may <br />5 be grouped together provided, however, that soils of lower agricultural or forest capability <br />6 may not be grouped with soils of higher capability in a manner inconsistent with the intent of <br />7 section (2) of this rule which establishes that higher capability resource lands are the last <br />8 priority for inclusion in a UGB; <br />9 (c) Notwithstanding subsection (4) (a), if a city initiated the evaluation or amendment of its <br />10 UGB prior to January 1, 2016, and if the analysis involves more than one parcel or area <br />11 within a particular priority category for which circumstances are reasonably similar, these <br />12 parcels or areas may be considered and evaluated as a single group; <br />13 (d) When determining whether the land is predominantly high-value farmland, or <br />14 predominantly prime or unique, or when using the predominant capability classification <br />15 system or the predominant cubic site class of the subject land, "predominantly" means more <br />16 than 50 percent. (b) Notwithstanding subsection (4) (a), where a city initiated the evaluation <br />17 or amendment of its UGB prior to January 1, 2016, where the analysis involves more than <br />18 one parcel or area within a particular priority category for which circumstances are <br />19 reasonably similar, these parcels or areas may be considered and evaluated as a single <br />20 group. <br />21 OPTION 2 <br />22 (a) When evaluating the agricultural or forest capability of land within a study area, "land" <br />23 means the land in a tract as defined at ORS 215.010. <br />24 (b) When determining whether the land is predominantly made up of prime or unique farm <br />25 soils, "predominantly" means at least 50 percent of a tract as defined at ORS 215.010. <br />26 (5) With respect to subsection (1) of this rule, a city must assume that vacant or partially vacant <br />27 land in a particular priority category is "suitable" to satisfy a need deficiency identified in OAR <br />28 660-038-0080 or OAR 660-038-0150, whichever is applicable, unless it demonstrates that the <br />29 land cannot satisfy the need based on one or more of the conditions described in subsections (a) <br />30 through (d) of this section: <br />31 (a) Existing parcelization, lot sizes or development patterns of rural residential land make the <br />32 land unsuitable for an identified employment need; <br />33 (b) The land would qualify for exclusion from the preliminary study area under the factors in <br />34 OAR 660-038-0160(2) but the city declined to exclude it pending more detailed analysis. <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 />28 <br />