72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1479
 
                         House Bill 2905
 
Sponsored by COMMITTEE ON ENVIRONMENT AND LAND USE
 
 
                             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.
 
  Designates Forest Park and area of influence around Forest
Park, including wildlife corridors connecting Forest Park to
other areas of wildlife habitat, as area of critical state
concern.  Directs Land Conservation and Development Commission to
develop management plan for area. Excludes certain land from
inclusion in urban growth boundary.
 
                        A BILL FOR AN ACT
Relating to management of urban area of critical state concern
  that includes Forest Park; creating new provisions; and
  amending ORS 197.298.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section, 'area of influence
' means the area around Forest Park, the development of which has
a direct and substantial impact on the character of Forest Park,
including the Balch Creek watershed, wildlife corridors
connecting Forest Park to other substantial areas of wildlife
habitat and the area bounded approximately by the following:
Beginning at the corner of NW Cornell Road and NW Skyline
Boulevard; then northerly along NW Skyline Boulevard to NW
Newberry Road; then easterly along NW Newberry Road to NW St.
Helens Road; then southerly along NW St. Helens Road to NW
Nicolai Street; then easterly along NW Nicolai Street to NW 30th
Avenue; then due south to NW Cornell Road; then westerly along NW
Cornell Road to the point of origin at the corner of NW Cornell
Road and NW Skyline Boulevard.
  (2) The Legislative Assembly hereby designates Forest Park and
the adjacent area of influence to be an area of critical state
concern.
  (3) The Land Conservation and Development Commission:
  (a) Shall determine with particularity the boundaries of the
area of influence;
  (b) Shall prepare a brief summary of the existing programs and
requirements of state and local agencies applicable to the
designated area;
  (c) Shall adopt by rule requirements for protection or
enhancement of resources in the designated area;
  (d) Shall develop a management plan by rule for the designated
area indicating the programs and requirements of state and local
agencies, if any, affected by the rules adopted under paragraph
(c) of this subsection;
  (e) May establish permissible use limitations for all or part
of the designated area; and
  (f) May designate permissible use standards for all or part of
the land within the designated area or establish standards for
issuance or denial of designated state or local permits
regulating specified uses of lands in the area, or both.
  (4) In performing the actions under subsection (3) of this
section, the commission shall consult with other appropriate
entities including, but not limited to, affected local
governments, other state agencies and members of the public. + }
  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 - }
 { + needed + } 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) Land that is designated as an area of critical state
concern under section 1 of this 2003 Act or as provided in ORS
197.405 and that is not included in an urban growth boundary
prior to the effective date of this 2003 Act may not be included
in an urban growth boundary on or after the effective date of
this 2003 Act. + }
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