75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3277
 
                         House Bill 3298
 
Sponsored by Representative CLEM (at the request of Oregon Farm
  Bureau, Oregon Association of Nurseries)
 
 
                             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.
 
  Requires counties and metropolitan service districts that
propose land for designation as urban reserve or rural reserve in
written agreement to in fact designate land if specified factors
are decided in affirmative.
 
                        A BILL FOR AN ACT
Relating to land reserves; creating new provisions; and amending
  ORS 195.141 and 195.145.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 195.141 is amended to read:
  195.141. (1) A county and a metropolitan service district
established under ORS chapter 268 may enter into   { - an
intergovernmental - }   { + a written + } agreement pursuant to
ORS 190.003 to 190.130, 195.025 or 197.652 to 197.658 to
designate rural reserves pursuant to this section and urban
reserves pursuant to ORS 195.145 (1)(b).
  (2) Land designated as a rural reserve:
  (a) Must be outside an urban growth boundary.
  (b) May not be designated as an urban reserve during the urban
reserve planning period described in ORS 195.145 (4).
  (c) May not be included within an urban growth boundary during
the period of time described in paragraph (b) of this subsection.
  (3) When designating a rural reserve under this section to
provide long-term protection to the agricultural industry, a
county and a metropolitan service district shall base the
designation on consideration of factors including, but not
limited to, whether land proposed for designation as a rural
reserve:
  (a) Is situated in an area that is otherwise potentially
subject to urbanization during the period described in subsection
(2)(b) of this section, as indicated by proximity to the urban
growth boundary and to properties with fair market values that
significantly exceed agricultural values;
  (b) Is capable of sustaining long-term agricultural operations;
  (c) Has suitable soils and available water where needed to
sustain long-term agricultural operations; and
  (d) Is suitable to sustain long-term agricultural operations,
taking into account:
  (A) The existence of a large block of agricultural or other
resource land with a concentration or cluster of farms;
  (B) The adjacent land use pattern, including its location in
relation to adjacent nonfarm uses and the existence of buffers
between agricultural operations and nonfarm uses;
  (C) The agricultural land use pattern, including parcelization,
tenure and ownership patterns; and
  (D) The sufficiency of agricultural infrastructure in the area.
   { +  (4) If land is proposed for designation as a rural
reserve in a written agreement as provided in this section, the
land must be designated if the factors identified in subsection
(3)(a) to (d) of this section are decided in the affirmative. + }
    { - (4) - }   { + (5) + } The Land Conservation and
Development Commission shall, after consultation with the State
Department of Agriculture, adopt by goal or by rule a process and
criteria for designating rural reserves pursuant to this section.
  SECTION 2. ORS 195.145 is amended to read:
  195.145. (1) To ensure that the supply of land available for
urbanization is maintained:
  (a) Local governments may cooperatively designate lands outside
urban growth boundaries as urban reserves subject to ORS 197.610
to 197.625.
  (b) Alternatively, a metropolitan service district established
under ORS chapter 268 and a county may enter into a written
agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652
to 197.658 to designate urban reserves. A process and criteria
developed pursuant to this paragraph are an alternative to a
process or criteria adopted pursuant to paragraph (a) of this
subsection.
  (2)(a) The Land Conservation and Development Commission may
require a local government to designate an urban reserve pursuant
to subsection (1)(a) of this section during its periodic review
in accordance with the conditions for periodic review under ORS
197.628.
  (b) Notwithstanding paragraph (a) of this subsection, the
commission may require a local government to designate an urban
reserve pursuant to subsection (1)(a) of this section outside of
its periodic review if:
  (A) The local government is located inside a Primary
Metropolitan Statistical Area or a Metropolitan Statistical Area
as designated by the Federal Census Bureau upon November 4, 1993;
and
  (B) The local government has been required to designate an
urban reserve by rule prior to November 4, 1993.
  (3) In carrying out subsections (1) and (2) of this section:
  (a) Within an urban reserve, neither the commission nor any
local government shall prohibit the siting on a legal parcel of a
single family dwelling that would otherwise have been allowed
under law existing prior to designation as an urban reserve.
  (b) The commission shall provide to local governments a list of
options, rather than prescribing a single planning technique, to
ensure the efficient transition from rural to urban use in urban
reserves.
  (4) Urban reserves designated by a metropolitan service
district and a county pursuant to subsection (1)(b) of this
section must be planned to accommodate population and employment
growth for at least 20 years, and not more than 30 years, after
the 20-year period for which the district has demonstrated a
buildable land supply in the most recent inventory, determination
and analysis performed under ORS 197.296.
  (5) A district and a county shall base the designation of urban
reserves under subsection (1)(b) of this section upon
consideration of factors including, but not limited to, whether
land proposed for designation as urban reserves, alone or in
conjunction with land inside the urban growth boundary:
  (a) Can be developed at urban densities in a way that makes
efficient use of existing and future public infrastructure
investments;
  (b) Includes sufficient development capacity to support a
healthy urban economy;
  (c) Can be served by public schools and other urban-level
public facilities and services efficiently and cost-effectively
by appropriate and financially capable service providers;
  (d) Can be designed to be walkable and served by a
well-connected system of streets by appropriate service
providers;
  (e) Can be designed to preserve and enhance natural ecological
systems; and
  (f) Includes sufficient land suitable for a range of housing
types.
   { +  (6) If land is proposed for designation as an urban
reserve in a written agreement as provided in subsection (1)(b)
of this section, the land must be designated if the factors
identified in subsection (5)(a) to (f) of this section are
decided in the affirmative. + }
    { - (6) - }   { + (7) + } The commission shall adopt by goal
or by rule a process and criteria for designating urban reserves
pursuant to subsection (1)(b) of this section.
  SECTION 3.  { + The amendments to ORS 195.141 and 195.145 by
sections 1 and 2 of this 2009 Act apply to written agreements
entered into on or after the effective date of this 2009 Act. + }
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