December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT <br />DIVISION 38 <br />URBAN GROWTH BOUNDARIES <br />Draft new rules to implement ORS 197A.320 - Preliminary Version 2 <br />1 OAR 660-038-0160 <br />2 Establishment of Study Area to Evaluate Land for Inclusion in the UGB <br />3 Cities outside of Metro shall comply with this rule and OAR 660-038-0170 when determining <br />4 which lands to include within the urban growth boundary in response to a deficit of land to meet <br />5 long term needs determined under OAR 660-038-0080 or OAR 660-038-0150, or both. <br />6 (1) The city shall determine which land to add to the UGB by evaluating alternative locations <br />7 within a "study area" established pursuant to this rule. To establish the study area, the local <br />8 government must first identify a "preliminary study area" which shall not include land within <br />9 a different UGB or the corporate limits of a city within a different UGB. The preliminary <br />10 study area shall include: <br />11 (a) All lands in the city's acknowledged urban reserve, if any; <br />12 (b) All lands that are within the following distance from the acknowledged UGB, except as <br />13 provided in subsection (d) of this rule: <br />14 (A) For cities with a UGB population less than 10,000: one-half mile; <br />15 (B) For cities with a UGB population equal to or greater than 10,000: one mile; <br />16 (c) All exception areas that are within the following distance from the acknowledged UGB <br />17 provided they are contiguous to an exception area that includes land within the distance <br />18 specified in subsection (b): : <br />19 (A) For cities with a UGB population less than 10,000: one mile; <br />20 (B) For cities with a UGB population equal to or greater than 10,000: one and one half <br />21 miles; <br />22 (d) At the discretion of the city, land that is beyond the distance specified in subsections (b) <br />23 and (c). <br />24 (2) The city may exclude land from the preliminary study area if it determines that: <br />25 <br />26 (a) Based on the standards in section (5) of this rule, it is impracticable to provide necessary <br />27 public facilities or services to the land; <br />28 (b) The land is subject to significant development hazards, due to a risk of <br />29 (A) Landslides: The land consists of a landslide deposit or scarp flank that is described <br />30 and mapped on the Statewide Landslide Information Database for Oregon (SLIDO) <br />