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 use the predominant capability classification system or the predominant cubic site class, <br />2 as appropriate for the acknowledted comprehensive plan designation, to select lower <br />3 capability or cubic site class lands first <br />5 (3) Notwithstanding section (2)(c) or (d) of this rule, land that would otherwise be <br />6 excluded from a UGB may be included if: <br />7 (a) The land contains a small amount of third or fourth priority land that is not <br />8 important to the commercial agricultural enterprise in the area and the land must <br />9 be included to connect a nearby and significantly lamer area of land of hither <br />10 priority for inclusion within the UGB; or <br />11 (b) The land contains a small amount of third or fourth priority land that is not <br />12 predominantly high value farmland or predominantly made up of prime or unique <br />13 farm soils and the land is completely surrounded by land of higher priority for <br />14 inclusion into the UGB. <br />15 OPTION 1 (recommended) <br />16 (4) For purposes of subsections (2)(c) and (d) and section (3) of this rule, <br />17 (a) areas of land not lamer than 200 acres may be -rouped tozether and studied as a simle <br />18 unit of land; <br />19 (b) Areas of land lamer than 200 acres that are similarly situated and have similar soils <br />20 may be -rouped tozether provided, however, that soils of lower azricultural or forest <br />21 capability may not be -rouped with soils of hi,-her capability in a manner inconsistent with <br />22 the intent of section (2) of this rule which establishes that hi,-her capability resource lands <br />23 are the last priority for inclusion in a UGB; <br />24 (c) Notwithstandinz subsection (4)(a), if a city initiated the evaluation or amendment of its <br />25 UGB prior to January 1, 2016, and if the analysis involves more than one parcel or area <br />26 within a particular priority catezory for which circumstances are reasonably similar, these <br />27 parcels or areas may be considered and evaluated as a single group, <br />28 (d) When determininz whether the land is predominantly hizh-value farmland, or <br />29 predominantly prime or unique, or when usin,- the predominant capability classification <br />30 system or the predominant cubic site class of the subiect land, "predominantly" means <br />31 more than 50 percent. <br />3 2 OPTION 2 <br />33 (4) For purposes of subsections (2)(c) and (d) and section (3) of this rule, <br />34 (a) When evaluation the agricultural or forest capability of land within a study area, <br />35 "land" means the land in a tract as defined at ORS 215.010. <br />16 <br />