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g. Apply the Boundary Location Factors of Goal 14 to Select which
<br />Remaining Fourth Priority Land should be Included in the UGB
<br />(1) Prioritizing Land with Lower-Capability Soil (ORS 197.298(2))
<br />State law requires that, among the Fourth Priority land that is suitable to accommodate the City's need,
<br />"higher priority shall be given to land of lower capability as measured by the capability classification
<br />system or by cubic foot site class, whichever is appropriate for the current use." The capability
<br />classification system pertains to agricultural land; the cubic foot site classification system pertains to
<br />forest land. Since none of the remaining land under consideration is designated for Forest, the forestry
<br />classification of cubic foot site is not applicable in this analysis.
<br />All remaining land under consideration is designated primarily for Agriculture. 12 Therefore, the
<br />agriculture soil capability classification system is used in this analysis. There are several components to
<br />the "soil capability classification system." The USDA (through the Natural Resources Conservation
<br />Service or "NRCS") has categorized all the nation's soil types into eight general capability classifications.
<br />At that macro level, "Class I" soil types have the highest agricultural capability and "Class VIII" soil types
<br />have the lowest. The NRCS recognizes that these classifications are only an "indicator" of soil value,
<br />however. The agricultural capability of these soils is variable, depending upon the kinds of crops grown
<br />in a state or locality. Therefore, for more accurate soil classification, the NRCS has identified certain soils
<br />as "prime" or "unique" soils for particular regions. Lane County includes some prime, but no unique,
<br />soils. For purposes of Oregon's land use program, DLCD classifies the most productive agricultural soils
<br />in Oregon as "high value farmland." The Agricultural Land Rule (OAR 660-033) specifies the way in which
<br />"high value farmland" is to be identified.53 Eugene is situated in the Willamette Valley which includes
<br />large areas of high value farmland, many of which carry a Class III or Class IV general classification on a
<br />national level.
<br />The (pre-2016) OARS that apply to Eugene's UGB expansion do not include any direction regarding the
<br />statutory requirement that "higher priority shall be given to land of lower capability as measured by the
<br />capability classification system." Further, there are no LCDC, LUBA or Court decisions that explain how
<br />52 Two sites that remain under consideration at this point in the analysis include some non-agricultural land. Site
<br />P4.81 is predominantly designated Agriculture, but the second priority tax lot that would connect it to the current
<br />UGB is designated Residential. Site P4.7c is on a tax that has a split designation; the northern portion is designated
<br />Government and Education, which is noted in earlier in this report as "other" with regard to the priority system.
<br />ss As applicable to Eugene's expansion area, OAR 660-033-0020(8)(a) defines "High-Value Farmland" as: "land in a
<br />tract [OAR 660-033-0020 (14) "Tract" means one or more contiguous lots or parcels under the same ownership]
<br />composed predominantly of soils that are: (A) Irrigated and classified prime, unique, Class I or 11; or
<br />(B) Not irrigated and classified prime, unique, Class I or 11. * * * and (c) tracts composed predominantly of the
<br />following soils in Class III or IV or composed predominantly of a combination of the soils described in subsection (a)
<br />of this section and the following soils: (A) Subclassification Ille, specifically, Bellpine, Bornstedt, Burlington,
<br />Briedwell, Carlton, Cascade, Chehalem, Cornelius Variant, Cornelius and Kinton, Helvetia, Hillsboro, Hutt, Jory,
<br />Kinton, Latourell, Laurelwood, Melbourne, Multnomah, Nekia, Powell, Price, Quatama, Salkum, Santiam, Saum,
<br />Sawtell, Silverton, Veneta, Willakenzie, Woodburn and Yamhill; (B) Subclassification IIIw, specifically, Concord,
<br />Conser, Cornelius Variant, Dayton (thick surface) and Sifton (occasionally flooded); (C) Subclassification IVe,
<br />specifically, Bellpine Silty Clay Loam, Carlton, Cornelius, Jory, Kinton, Latourell, Laurelwood, Powell, Quatama,
<br />Springwater, Willakenzie and Yamhill; and (D) Subclassification IVw, specifically, Awbrig, Bashaw, Courtney,
<br />Dayton, Natroy, Noti and Whiteson."
<br />Appendix B to Findings May 2017 Page 128
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