December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />1 selecting as much of the suitable land as necessary to satisfy the need, the local government <br />2 must use the predominant capability classification system or the predominant cubic site class, <br />3 as appropriate for the acknowledged comprehensive plan designation, to select lower <br />4 capability or cubic site class lands first. <br />5 (d) Fourth Priority - Agricultural land that is predominantly high value farmland: land within <br />6 the study area that is designated as agricultural land in an acknowledged comprehensive plan <br />7 and is predominantly high value farmland as defined in ORS 195.300(10). A local <br />8 government may not select land that is predominantly made up of prime or unique farm soils, <br />9 as defined by the United States Department of Agriculture Natural Resources Conservation <br />10 Service, unless there is an insufficient amount of other land to satisfy its land need. <br />11 <br />12 (3) Notwithstanding section (2)(d) of this rule, land that would otherwise be excluded from <br />13 a UGB may be included if: <br />14 (a) The land contains a small amount of resource land that is not important to the <br />15 commercial agricultural enterprise in the area and the land must be included to connect a <br />16 nearby and significantly larger area of land of higher priority for inclusion within the <br />17 urban growth boundary; or <br />18 (b) The land contains a small amount of resource land that is not predominantly high <br />19 value farmland or predominantly made up of prime or unique farm soils and the land is <br />20 completely surrounded by land of higher priority for inclusion into the urban growth <br />21 boundary. <br />22 (4) For purposes of subsections (2)(c) and (d) and section (3) of this rule, <br />23 (a) When evaluating the agricultural or forest capability of land within a study area, "land" <br />24 means the land in a tract as defined at ORS 215.010. <br />25 (b) When determining whether the land is predominantly made up of prime or unique farm <br />26 soils "predominantly" means at least 50 percent of a subject lot, parcel or 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 />35 l(b) The land would qualify for exclusion from the preliminary study area under the factors in <br />36 OAR 660-024-0065(4) but the local government declined to exclude it pending more detailed <br />37 analysis under this (the priorities) rule. In evaluating this land, the local government must <br />