December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />1 (b) Second Priority - Marginal Land: land within the study area that is designated as <br />2 marginal land under ORS 197.247 (1991 Edition) in the acknowledged comprehensive plan. <br />3 (c) Third Priority - Farm or Forest land that is not predominantly high value farm land: land <br />4 within the study area that is designated for agriculture or forest uses in the acknowledged <br />5 comprehensive plan that is not predominantly high-value farmland, as defined in ORS <br />6 195.300, or that does not consist predominantly of prime or unique soils, as determined by <br />7 the United States Department of Agriculture Natural Resources Conservation Service In <br />8 selecting as much of the suitable land as necessary to satisfy the need, the city must use the <br />9 predominant capability classification system or the predominant cubic site class, as <br />10 appropriate for the acknowledged comprehensive plan designation, to select lower capability <br />11 or cubic site class lands first. <br />12 (d) Fourth Priority - Agricultural land that is predominantly high value farmland: land <br />13 within the study area that is designated as agricultural land in an acknowledged <br />14 comprehensive plan and is predominantly high value farmland as defined in ORS <br />15 195.300(10). A city may not select land that is predominantly made up of prime or unique <br />16 farm soils, as defined by the United States Department of Agriculture Natural Resources <br />17 Conservation Service, unless there is an insufficient amount of other land to satisfy its land <br />18 need. <br />19 (3) Notwithstanding section (2)(d) of this rule, land that would otherwise be excluded from an <br />20 urban growth boundary may be included if: <br />21 (a) The land contains a small amount of resource land that is not important to the commercial <br />22 agricultural enterprise in the area and the land must be included to connect a nearby and <br />23 significantly larger area of land of higher priority for inclusion within the urban growth <br />24 boundary; or <br />25 (b) The land contains a small amount of resource land that is not predominantly high value <br />26 farmland or predominantly made up of prime or unique farm soils and the land is completely <br />27 surrounded by land of higher priority for inclusion into the urban growth boundary. <br />28 (4) For purposes of subsections (2)(c) and (d) and section (3) of this rule: <br />29 (a) When evaluating the agricultural or forest capability of land within a study area, "land" <br />30 means the land in a tract as defined at ORS 215.010. <br />31 (b) When determining whether the land is predominantly made up of prime or unique farm <br />32 soils "Predominantly" means at least 50 percent of a subject lot, parcel or tract." <br />33 <br />