December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT <br />DIVISION 24 <br />URBAN GROWTH BOUNDARIES <br />Draft new rules to implement ORS 197A.320 - Preliminary Version 2 <br />Note to RAC: current "location" rules at OAR 660-024-0060 would be modified to apply only to Metro. New <br />stu(ly area and location rules (0065 and 0067, below) would be added to division 24 to implement requirements of <br />ORS 197A.320 with respect to the traditional process. This draft would replace the draft issued September 15. <br />1 660-024-0065 <br />2 Establishment of Study Area to Evaluate Land for Inclusion in the UGB <br />3 <br />4 (1) When considering a UGB amendment to accommodate a need deficit identified in OAR 660- <br />5 024-0050(4), a local government outside of Metro must determine which land to add to the UGB <br />6 by evaluating alternative locations within a "study area" established pursuant to this rule. To <br />7 establish the study area, the local government must first identify a "preliminary study area" <br />8 which shall not include land within a different UGB or within the corporate limits of a city that is <br />9 within a different UGB. The preliminary study area shall include: <br />10 (a) All lands in the local government's acknowledged urban reserve, if any; <br />11 (b) All lands that are within the following distance from the acknowledged UGB: <br />12 (A) For local governments with a UGB population less than 10,000: one-half mile; <br />13 (B) For local governments with a UGB population equal to or greater than 10,000: one <br />14 mile; <br />15 (c) All exception areas that are within the following distance from the acknowledged UGB <br />16 provided they are contiguous to an exception area that includes land within the distance <br />17 specified in subsection (b): <br />18 (A) For local governments with a UGB population less than 10,000: one mile; <br />19 (B) For local governments with a UGB population equal to or greater than 10,000: one <br />20 and one half miles; <br />21 (d) At the discretion of the local government, the preliminary study area may include land <br />22 that is beyond the distance specified in subsections (b) and (c). <br />23 (2) A local government that initiated the evaluation or amendment of its UGB prior to January 1, <br />24 2016, may choose to identify a preliminary study area applying the standard in this section rather <br />25 than section (1). For such local governments, the preliminary study area shall consist of: <br />26 (a) All land adjacent to the acknowledged UGB, including all land in the vicinity of the UGB <br />27 that has a reasonable potential to satisfy the identified need deficiency, and <br />28 (b) All land in the local government's acknowledged urban reserve established under OAR <br />29 Chapter 660, division 21, if applicable. <br />