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 3596
Senate Bill 934
Sponsored by Senator FERRIOLI; Senators MESSERLE, NELSON
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.
Changes planning period for buildable land supply inside urban
growth boundary. Limits types of land that can be added to urban
growth boundary in counties not identified as distressed.
A BILL FOR AN ACT
Relating to urban growth boundary; creating new provisions; and
amending ORS 197.296, 197.298 and 197.299.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.296 is amended to read:
197.296. (1)(a) The provisions of this section apply to local
government comprehensive plans for lands:
(A) Within any urban growth boundary for a city with a
population of 25,000 or more;
(B) Within any urban growth boundary for a city with a
population of less than 25,000 with a rate of growth that
exceeded the average rate of growth for the state for three of
the last five years; and
(C) For which a functional plan is prepared by a metropolitan
service district under ORS 268.390 (2).
(b) Notwithstanding paragraph (a) of this subsection, the Land
Conservation and Development Commission may waive the
requirements of that paragraph.
(2) At periodic review or any other legislative review of the
urban growth boundary, comprehensive plans or functional plans
shall provide sufficient buildable lands within urban growth
boundaries established pursuant to statewide planning goals to
accommodate estimated housing needs for { + up to + } 20 years.
(3) As part of its next periodic review pursuant to ORS 197.628
to 197.650 following September 9, 1995, or any other legislative
review of the urban growth boundary, a local government shall:
(a) Inventory the supply of buildable lands within the urban
growth boundary;
(b) Determine the actual density and the actual average mix of
housing types of residential development that have occurred
within the urban growth boundary since the last periodic review
or five years, whichever is greater; and
(c) Conduct an analysis of housing need by type and density
range, in accordance with ORS 197.303 and statewide planning
goals and rules relating to housing, to determine the amount of
land needed for each needed housing type for { - the next - }
{ + up to + } 20 years.
(4) If the determination required by subsection (3) of this
section indicates that the urban growth boundary does not contain
sufficient buildable lands to accommodate housing needs for
{ + up to + } 20 years at the actual developed density that has
occurred since the last periodic review, the local government
shall take one of the following actions:
(a) Amend its urban growth boundary to include sufficient
buildable lands to accommodate housing needs for { + up to + }
20 years at the actual developed density during the period since
the last periodic review or within the last five years, whichever
is greater. As part of this process, the amendment shall include
sufficient land reasonably necessary to accommodate the siting of
new public school facilities. The need and inclusion of lands for
new public school facilities shall be a coordinated process
between the affected public school districts and the local
government that has the authority to approve the urban growth
boundary;
(b) Amend its comprehensive plan, functional plan or land use
regulations to include new measures that demonstrably increase
the likelihood that residential development will occur at
densities sufficient to accommodate housing needs for { + up
to + } 20 years without expansion of the urban growth boundary. A
local government or metropolitan service district that takes this
action shall monitor and record the level of development activity
and development density by housing type following the date of the
adoption of the new measures; or
(c) Adopt a combination of the actions described in paragraphs
(a) and (b) of this subsection.
(5) Using the analysis conducted under subsection (3)(c) of
this section, the local government shall determine the overall
average density and overall mix of housing types at which
residential development of needed housing types must occur in
order to meet housing needs { - over the next - } { + for up
to + } 20 years. If that density is greater than the actual
density of development determined under subsection (3)(b) of this
section, or if that mix is different from the actual mix of
housing types determined under subsection (3)(b) of this section,
the local government, as part of its periodic review, shall adopt
measures that demonstrably increase the likelihood that
residential development will occur at the housing types and
density and at the mix of housing types required to meet housing
needs { - over the next - } { + for up to + } 20 years.
(6) A local government that takes any actions under subsection
(4) or (5) of this section shall demonstrate that the
comprehensive plan and land use regulations comply with goals and
rules adopted by the commission and implement ORS 197.295 to
197.314.
(7) In establishing that actions and measures adopted under
subsections (4) and (5) of this section demonstrably increase the
likelihood of higher density residential development, the local
government shall at a minimum ensure that land zoned for needed
housing is in locations appropriate for the housing types
identified under subsection (3) of this section and is zoned at
density ranges that are likely to be achieved by the housing
market using the analysis in subsection (3) of this section.
Actions or measures, or both, may include but are not limited to:
(a) Increases in the permitted density on existing residential
land;
(b) Financial incentives for higher density housing;
(c) Provisions permitting additional density beyond that
generally allowed in the zoning district in exchange for
amenities and features provided by the developer;
(d) Removal or easing of approval standards or procedures;
(e) Minimum density ranges;
(f) Redevelopment and infill strategies;
(g) Authorization of housing types not previously allowed by
the plan or regulations; and
(h) Adoption of an average residential density standard.
SECTION 2. 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 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.
{ + (4) Notwithstanding subsections (1) to (3) of this
section, except in a county identified as a distressed area as of
June 12, 1999, in Appendix C of the Special Public Works Fund
Applicant's Handbook, an expansion of an urban growth boundary
may not include lands that are:
(a) Composed predominantly of irrigated or nonirrigated Class I
or II soils or irrigated Class III or IV soils in western Oregon;
(b) Composed predominantly of irrigated or nonirrigated Class I
or II soils or irrigated Class III, IV or V soils in eastern
Oregon;
(c) Composed predominantly of soils that, if irrigated, are
capable of producing at least the average volume of crops of
other irrigated land in the area;
(d) Composed predominantly of soils that are capable of
producing at least the average nonirrigated wheat yield for the
county in which the lands are located; or
(e) Lots or parcels that the county determines are necessary to
facilitate farming practices on adjacent or nearby land. + }
SECTION 3. ORS 197.299 is amended to read:
197.299. (1) A metropolitan service district organized under
ORS chapter 268 shall complete the initial inventory,
determination and analysis required under ORS 197.296 (3) not
later than January 1, 1998, and conduct the inventory and
analysis at least every five years thereafter.
(2)(a) The metropolitan service district shall take such action
as necessary under ORS 197.296 (4) to accommodate one-half of
{ - a 20-year - } { + the + } buildable land supply determined
under ORS 197.296 (3) within one year of completing the analysis.
(b) The metropolitan service district shall take all final
action under ORS 197.296 (4) necessary to accommodate { - a
20-year - } { + the + } buildable land supply determined under
ORS 197.296 (3) within two years of completing the analysis.
(3) The Land Conservation and Development Commission may grant
an extension to the time limits of subsection (2) of this section
if the Director of the Department of Land Conservation and
Development determines that the metropolitan service district has
provided good cause for failing to meet the time limits.
SECTION 4. { + The amendments to ORS 197.296, 197.298 and
197.299 by sections 1 to 3 of this 2001 Act apply only to a
proposal to amend an acknowledged comprehensive plan or land use
regulation or to adopt a new land use regulation that is
forwarded to the Director of the Department of Land Conservation
and Development for review under ORS 197.610 on or after the
effective date of this 2001 Act and to a legislative review of
urban growth boundaries initiated on or after the effective date
of this 2001 Act. + }
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