71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1691
 
                         House Bill 2977
 
Sponsored by Representative MORGAN (at the request of Oregon
  Building Industry Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Specifies reasons for inclusion of lower priority lands within
urban growth boundary.
 
                        A BILL FOR AN ACT
Relating to lower priority lands within urban growth boundary;
  amending ORS 197.298.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.298 is amended to read:
  197.298. (1) In addition to any requirements established by
rule addressing urbanization, land may not be included within an
urban growth boundary except under the following priorities:
  (a) First priority is land that is designated urban reserve
land under ORS 195.145, rule or metropolitan service district
action plan.
  (b) If land under paragraph (a) of this subsection is
inadequate to accommodate the amount of land needed, second
priority is land adjacent to an urban growth boundary that is
identified in an acknowledged comprehensive plan as an exception
area or nonresource land. Second priority may include resource
land that is completely surrounded by exception areas unless such
resource land is high-value farmland as described in ORS 215.710.
  (c) If land under paragraphs (a) and (b) of this subsection is
inadequate to accommodate the amount of land needed, third
priority is land designated as marginal land pursuant to ORS
197.247 (1991 Edition).
  (d) If land under paragraphs (a) to (c) of this subsection is
inadequate to accommodate the amount of land needed, fourth
priority is land designated in an acknowledged comprehensive plan
for agriculture or forestry, or both.
  (2) Higher priority shall be given to land of lower capability
as measured by the capability classification system or by cubic
foot site class, whichever is appropriate for the current use.
  (3) Land of lower priority under subsection (1) of this section
may be included in an urban growth boundary if land of higher
priority is found to be inadequate to accommodate the amount of
land   { - estimated - }   { + identified for inclusion under + }
 { - in - } subsection (1) of this section for one or more of the
following reasons:
  (a) Specific types of identified land needs cannot be
reasonably accommodated on higher priority lands;
  (b) Future urban services could not reasonably be provided to
the higher priority lands due to topographical or other physical
constraints;   { - or - }
  (c) Maximum efficiency of land uses within a proposed urban
growth boundary requires inclusion of lower priority lands in
order to include or to provide services to higher priority
lands { + ; + }
  { - . - }
   { +  (d) Future urban services cannot reasonably be provided
to higher priority lands because of financial or other
governmental constraints; or
  (e) The inclusion of lower priority lands is warranted after
consideration of:
  (A) The orderly and cost-effective provision of future urban
services;
  (B) The efficiency with which the lower priority lands may be
accommodated with urban services; or
  (C) The protection of environmentally sensitive land. + }
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