December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />1 (D) Significant scenic, natural, cultural or recreational resources on an acknowledged plan <br />2 inventory and subject protection measures under the plan or implementing regulations that <br />3 would prohibit or substantially impede the placement or construction of necessary public <br />4 facilities and services. <br />5 (6) When a city that has a population of 10,000 or more evaluates or amends its urban growth <br />6 boundary using a method described in this division, the city must notify districts and counties <br />7 that have territory within the study area as required by ORS 197A.315 and meet other applicable <br />8 requirements in that statute. <br />9 OAR 660-038-0170 <br />10 Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities <br />11 (1) When considering a UGB amendment, a city outside of Metro must decide which land to add <br />12 to the UGB by evaluating all land in the study area determined under OAR 660-038-0160, as <br />13 follows: <br />14 (a) Beginning with the highest priority category of land described in section (2), the city must <br />15 apply section (5) of this rule to determine which land in that priority category is suitable to <br />16 satisfy the need deficiency determined under OAR 660-038-0080 and OAR 660-038-0150 <br />17 and select as much of the land as necessary to satisfy the need. <br />18 (b) If the amount of suitable land in the first priority category is not adequate to satisfy the <br />19 identified need deficiency, a city must apply section (5) to determine which land in the next <br />20 priority is suitable and select as much of the land in that priority as necessary to satisfy the <br />21 need. The city must proceed in this manner until all the land need is satisfied. <br />22 (c) If the amount of suitable land in a particular priority category in section (2) exceeds the <br />23 amount necessary to satisfy the need deficiency, the city must choose which land in that <br />24 priority to include in the UGB by applying the criteria in section (6) of this rule. <br />25 (2) Priority of Land for inclusion in a UGB: <br />26 (a) First Priority - Urban reserve, exception land, and nonresource land: Lands in the study <br />27 area that meet the description in paragraphs (A) through (C) of this subsection are of equal <br />28 (first) priority: <br />29 (A) Land designated as an urban reserve under OAR chapter 660, division 21, in an <br />30 acknowledged comprehensive plan; <br />31 (B) Land that is subject to an acknowledged exception under ORS 197.732; and <br />32 (C) Land that is nonresource land. <br />4 <br />