December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment B <br />DRAFT OAR 660, division 24, rules to implement ORS 197A 2 d Public Draft: November 13, 2015 <br />1 may use the factors identified in sections (5) and (6) of this rule or 660-024-0065(8) <br />2 to reduce the forecast development capacity of the land to meet the need. <br />3 (e) With respect to particular uses identified as per OAR 660-024-0065(3), the land <br />4 d-eedoes not have, and cannot be improved to provide, the particular site <br />5 characteristics required for the use. <br />6 (f) Land that is determined to not be suitable under section (5) of this rule to satisfy <br />7 the need deficiency determined under OAR 660-024-0050 is not required to be <br />8 selected for inclusion in the UGB unless its inclusion is necessary to serve other <br />9 higher priority lands. <br />10 (2) Priority of Land for inclusion in a UGB: <br />11 (a) First Priority is Urban reserve, exception land, and nonresource land. Lands in the <br />12 study area that meet the description in paragraphs (A) through (C) of this subsection <br />13 are of equal (first) priority: <br />14 (A) Land designated as an urban reserve under OAR chapter 660, division 21, in <br />15 an acknowledged comprehensive plan; <br />16 (B) Land that is subject to an acknowledged exception under ORS 197.732; and <br />17 (C) Land that is nonresource land. <br />18 (b) Second Priority is Marginal Land: land within the study area that is designated as <br />19 marginal land under ORS 197.247 (1991 Edition) in the acknowledged comprehensive <br />20 plan, <br />21 (c) Third Priority is farm or forest land that is not predominantly high-value farm land: <br />22 land within the study area that is designated for agriculture or forest uses in the <br />23 acknowledged comprehensive plan and that is not predominantly high-value farmland <br />24 as defined in ORS 195.300, or that does not consist predominantly of prime or unique <br />25 soils as determined by the United States Department of Agriculture Natural Resources <br />26 Conservation Service. In selecting which lands to include to satisfy the need, the city <br />27 must use the predominant capability classification system or the predominant cubic site <br />28 class, as appropriate for the acknowledged comprehensive plan designation, to select <br />29 lower capability or cubic site class lands first. <br />30 (d) Fourth Priority is agricultural land that is predominantly high-value farmland: land <br />31 within the study area that is designated as agricultural land in an acknowledged <br />32 comprehensive plan and is predominantly high-value farmland as defined in ORS <br />33 195.300(10). A city may not select land that is predominantly made up of prime or <br />34 unique farm soils, as defined by the United States Department of Agriculture Natural <br />35 Resources Conservation Service, unless there is an insufficient amount of other land to <br />36 satisfy its land need. In selecting which lands to include to satisfy the need, the city must <br />15 <br />