December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />1 (a) First Priority - Urban reserve, exception land, and nonresource land. Lands in the study <br />2 area that meet the description in paragraphs (A) through (C) of this subsection are of equal <br />3 (first) priority: <br />4 (A) Land designated as an urban reserve under OAR chapter 660, division 21, in an <br />5 acknowledged comprehensive plan; <br />6 (B) Land that is subject to an acknowledged exception under ORS 197.732; and <br />7 (C) Land that is nonresource land. <br />8 (b) Second Priority - Marginal Land: land within the study area that is designated as <br />9 marginal land under ORS 197.247 (1991 Edition) in the acknowledged comprehensive plan. <br />10 (c) Third Priority - Farm or forest land that is not predominantly high value farm land: land <br />11 within the study area that is designated for agriculture or forest uses in the acknowledged <br />12 comprehensive plan and that is not predominantly high-value farmland as defined in ORS <br />13 195.300, or that does not consist predominantly of prime or unique soils as determined by the <br />14 United States Department of Agriculture Natural Resources Conservation Service. In <br />15 selecting as much of the suitable land as necessary to satisfy the need, the local government <br />16 must use the predominant capability classification system or the predominant cubic site class, <br />17 as appropriate for the acknowledged comprehensive plan designation, to select lower <br />18 capability or cubic site class lands first. <br />19 Concern/question: Should there be the same protection afforded to prime forest land? <br />20 The USDA defines prime forestland to be lands capable of producing 85 cubic feet per <br />21 acre per year of certain tree species. <br />22 (d) Fourth Priority - Agricultural land that is predominantly high value farmland: land within <br />23 the study area that is designated as agricultural land in an acknowledged comprehensive plan <br />24 and is predominantly high value farmland as defined in ORS 195.300(10). A local <br />25 government may not select land that is predominantly made up of prime or unique farm soils, <br />26 as defined by the United States Department of Agriculture Natural Resources Conservation <br />27 Service, unless there is an insufficient amount of other land to satisfy its land need. <br />28 <br />29 (3) Notwithstanding section (2)(d) of this rule, land that would otherwise be excluded from <br />30 a UGB may be included if: <br />31 (a) The land contains a small amount of resource land that is not important to the <br />32 commercial agricultural enterprise in the area and the land must be included to connect a <br />33 nearby and significantly larger area of land of higher priority for inclusion within the <br />34 urban growth boundary; or <br />35 Concern/question: What is required to determine if land is not important needs to <br />36 be better "defined." Suggest something such as: <br />