December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />1 A determination that land is not important to the commercial agricultural enterprise ill <br />2 and area shall be based oil consideration of influences including but not limited to the: <br />3 (a) Capability of sustaining long-term agricultural operations; <br />4 (b) Suitability to sustain long-term agricultural operations taking into account: <br />5 A. The existence of a large block of agricultural or other resource land with a <br />6 concentration or cluster offarms; <br />7 B. The adjacent land use pattern, including its location ill relation to adjacent <br />8 nonfarm uses and the existence of bzfffers between agricultural operations <br />9 and nonfarm uses; <br />10 C. The agricultural land use pattern, including parcelization, tenure and <br />11 ownership patterns; and <br />12 D. The szffficiency of needed agricultural infrastructure in the area. <br />13 <br />14 (b) The land contains a small amount of resource land that is not predominantly high <br />15 value farmland or predominantly made up of prime or unique farm soils and the land is <br />16 completely surrounded by land of higher priority for inclusion into the urban growth <br />17 boundary. <br />18 (4) For purposes of subsections (2)(c) and (d) and section (3) of this rule, <br />19 (a) When evaluating the agricultural or forest capability of land within a study area, "land" <br />20 means the land in a tract as defined at ORS 215.010. <br />21 (b) When determining whether the land is predominantly made up of prime or unique farm <br />22 soils "predominantly" means at least 50 percent of a subject lot, or parcel Ew tt:ae <br />23 Question/comment: 50150 does not equate to predominance. Suggest 51%. <br />24 A tract is composed of contiguous lots and/or parcels under the same ownership. Since <br />25 ownership can be changed, tract composition can be manipulated. Suggest removal of the <br />26 term "tract." <br />27 (5) With respect to subsection (1)(a) of this rule, a local government must assume that vacant or <br />28 partially vacant land in a particular priority category is "suitable" to satisfy a need deficiency <br />29 identified in OAR 660-024-0050(4) or OAR 660-024-0065(3) unless it demonstrates that the <br />30 land cannot satisfy the specified need, or that its capacity to meet the need must be reduced, <br />31 based on one or more of the conditions described in subsections (a) through (e) of this section: <br />32 (a) Existing parcelization, lot sizes or development patterns of the land make the land <br />33 unsuitable for an identified need, or require that the development capacity of the lands be <br />34 forecast at a lower level over the planning period than for unconstrained lands; <br />