December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />(A) If factual information is submitted demonstrating that a significant scenic, natural, <br />cultural or recreational resource that requires limiting or prohibiting urban <br />development of the land is present in the study area, and as a result would limit <br />the land suitable to accommodate the need deficiency, the city may determine to. <br />(i) Exclude the land from further study if it determines the reduction of buildable <br />land is greater than x% and the land is not able to meet a specific need identified <br />in an adopted parks master plan, or <br />(ii) Continue to evaluate the land for inclusion in the UGB, account for the <br />reduction of buildable land and apply the applicable requirements of OAR <br />Chapter 660, division 23 when land is added to the UGB as described in OAR <br />660-038-0180(4). <br />(B) If factual information is submitted demonstrating that a significant fish and wildlife <br />habitat resource is present in the study area, the city must coordinate with appropriate <br />wildlife management agencies, such as the Oregon Department of Fish and Wildlife, <br />with regards to the avoidance and minimization of protected species or habitats. <br />OAR 660-038-0180: Planning Requirements for Land added to a UGB <br />ODFW is concerned how resources will be evaluated by a city during the study area <br />evaluation and when amending a comprehensive plan and applying appropriate zoning. <br />Therefore, ODFW recommends a "third screen" to evaluate resources within the UGB <br />that may help address those regional habitat concerns at a finer scale. This draft <br />language includes more site specific consultation which is similar to DLCD's adopted <br />rules for youth camps and solar energy (Division 33): <br />(4) If a city is planning for land added to a UGB where factual information has been <br />submitted demonstrating that a resource site, or the impact areas of a such a site, is <br />included on the land, the city shall. <br />(a) Apply the applicable requirements of OAR Chapter 660, division 23, and; <br />(b) If after site specific consultation with an Oregon Department of Fish and <br />Wildlife biologist, it is determined that the potential exists for adverse effects to <br />state or federal special status species (threatened, endangered, candidate, or <br />sensitive), the city shall conduct a site-specific assessment of the land in <br />consultation with all appropriate state, federal, and tribal wildlife management <br />agencies for opportunities to avoid and/or minimize conflict with the resource. A <br />professional biologist shall conduct the site-specific assessment by using <br />methodologies accepted by the appropriate wildlife management agency and <br />shall determine whether adverse effects to special status species or habitats are <br />anticipated. Based on the results of the biologist's report, the site shall be <br />planned to avoid adverse effects to state or federal special status species or <br />habitats as described above. If the city's site-specific assessment shows that <br />ODFW HB 2254 corrunents for RAC, 10.28.15 Page 4 <br />