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 2613
 
                           A-Engrossed
 
                         Senate Bill 929
                 Ordered by the Senate April 24
           Including Senate Amendments dated April 24
 
Sponsored by Senator FERRIOLI (at the request of Oregonians in
  Action)
 
 
                             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.
 
  Requires that   { - urban growth boundary include all area
within city limits or all area within boundaries of metropolitan
service district - }  { +  city include lot, parcel or tract
within urban growth boundary if lot, parcel or tract is entirely
within city limits and entire perimeter of lot, parcel or tract
is bordered by land within urban growth boundary + }.
 
                        A BILL FOR AN ACT
Relating to urban growth boundaries; creating new provisions; and
  amending ORS 197.175.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.175 is amended to read:
  197.175. (1) Cities and counties shall exercise their planning
and zoning responsibilities, including, but not limited to, a
city or special district boundary change which shall mean the
annexation of unincorporated territory by a city, the
incorporation of a new city and the formation or change of
organization of or annexation to any special district authorized
by ORS 198.705 to 198.955, 199.410 to 199.534 or 451.010 to
451.620, in accordance with ORS chapters 195, 196 and 197 and the
goals approved under ORS chapters 195, 196 and 197. The Land
Conservation and Development Commission shall adopt rules
clarifying how the goals apply to the incorporation of a new
city.  Notwithstanding the provisions of section 15, chapter 827,
Oregon Laws 1983, the rules shall take effect upon adoption by
the commission. The applicability of rules promulgated under this
section to the incorporation of cities prior to August 9, 1983,
shall be determined under the laws of this state.
  (2) Pursuant to ORS chapters 195, 196 and 197, each city and
county in this state shall:
  (a) Prepare, adopt, amend and revise comprehensive plans in
compliance with goals approved by the commission;
  (b) Enact land use regulations to implement their comprehensive
plans;
  (c) If its comprehensive plan and land use regulations have not
been acknowledged by the commission, make land use decisions and
limited land use decisions in compliance with the goals;
  (d) If its comprehensive plan and land use regulations have
been acknowledged by the commission, make land use decisions and
limited land use decisions in compliance with the acknowledged
plan and land use regulations; and
  (e) Make land use decisions and limited land use decisions
subject to an unacknowledged amendment to a comprehensive plan or
land use regulation in compliance with those land use goals
applicable to the amendment.
  (3) Notwithstanding subsection (1) of this section, the
commission   { - shall - }   { + may + } not initiate by its own
action any annexation of unincorporated territory pursuant to ORS
222.111 to 222.750 or formation of and annexation of territory to
any district authorized by ORS 198.510 to 198.915 or 451.010 to
451.620.
   { +  (4) Notwithstanding a contrary provision of the statewide
planning goals adopted under ORS chapters 195, 196 and 197 and a
contrary provision of ORS chapters 195, 196 and 197, including
but not limited to ORS 197.250 and 197.296, a city shall include
a lot, parcel or tract within its urban growth boundary if the
lot, parcel or tract is located entirely within the city limits
and the entire perimeter of the lot, parcel or tract is bordered
by land within the urban growth boundary. + }
  SECTION 2.  { + Not later than June 30, 2002, a city with an
urban growth boundary that is inconsistent with the requirements
of ORS 197.175 (4) shall adopt an amended urban growth
boundary. + }
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