December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />1 <br />(c) If the amount of suitable land in a particular priority category in section (2) exceeds <br />2 <br />the amount necessary to satisfy the need deficiency, the local government must choose <br />3 <br />which land in that priority to include in the UGB by applying the criteria in section (6) of <br />4 <br />this rule. <br />5 <br />(2) Priority of Land for inclusion in a UGB: <br />6 <br />(a) First Priority - Urban reserve, exception land, and nonresource land. Lands in the study <br />7 <br />area that meet the description in paragraphs (A) through (C) of this subsection are of equal <br />8 <br />(first) priority: <br />9 <br />(A) Land designated as an urban reserve under OAR chapter 660, division 21, in an <br />10 <br />acknowledged comprehensive plan; <br />11 <br />(B) Land that is subject to an acknowledged exception under ORS 197.732; and <br />12 <br />(C) Land that is nonresource land. <br />13 <br />(b) Second Priority - Marginal Land: land within the study area that is designated as <br />14 <br />marginal land under ORS 197.247 (1991 Edition) in man acknowledged comprehensive <br />15 <br />plan. <br />16 <br />(c) Third Priority - Farm or forest land that is not predominantly high value farm land: land <br />17 <br />within the study area that is designated for agriculture or forest uses in the acknowledged <br />18 <br />comprehensive plan and that is Ho* less than 50 percent high-value farmland <br />19 <br />as defined in ORS 195.3001 -4it . dee fr4f+ rails , <br />20 <br />21 <br />~n selecting as much of the suitable land as necessary to satisfy the need, the local <br />Comment [141419]: redundant - these soils are <br />22 <br />government must use the predominant capability classification system or the predominant <br />part of the oas 195.300 group <br />23 <br />cubic site class, as appropriate for the acknowledged comprehensive plan designation, to <br />24 <br />select lower capability or cubic site class lands first. The criteria in section (6) of this rule <br />25 <br />shall not be used to select lands having higher capability or cubic site class ahead of lands <br />26 <br />having lower capability or cubic site Class. <br />Comment [141420]: This needs to be made clear. <br />27 <br />(d) Fourth Priority - Agricultural land that is predominantly high value farmland: land within <br />28 <br />the study area that is designated as agricultural land in an acknowledged comprehensive plan <br />29 <br />and is ~r at least 50 percent high value farmland as defined in ORS 195.300(10). <br />30 <br />A local government may not select land that is ~r made up of at least 50 percent <br />31 <br />prime or unique farm soils, as defined by the United States Department of Agriculture <br />32 <br />Natural Resources Conservation Service, unless there is an insufficient amount of other land <br />33 <br />to satisfy its land need. <br />34 <br />35 <br />(3) Notwithstanding section (2)(c1) of this rule, land hat would otherwise be excluded from <br />comment [141421]: this "escape hatch" isn't just <br />36 <br />a UGB may be included if: <br />reserved for fourth priority land. it can apply <br />h <br />l <br />h <br />i <br />i <br />h <br />i <br />\ anyw <br />ere a <br />ong t <br />e pr <br />or <br />ty c <br />a <br />n. <br />37 <br />(a) The land contains a small amount of resource land that is not important to the <br />Comment [141422]: for this section, it would be <br />38 <br />commercial agricultural enterprise in the area and the land must be included to connect a <br />a mistake to define "land" as meaning an entire <br />parcel or tract. this just means - enough land to <br />39 <br />nearby and significantly larger area of land of higher priority for inclusion within the <br />meet the need, and shouldn't be allowed to bring in <br />40 <br />urban growth boundary; or <br />an entire parcel if that doesn't make sense or isn't <br />actually necessary. <br />