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 590
 
                         Senate Bill 372
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  State Bar Real Estate Section)
 
 
                             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.
 
  Modifies priority of lands considered for inclusion in urban
growth boundary.
 
                        A BILL FOR AN ACT
Relating to qualification of resource land for inclusion in urban
  growth boundary; creating new provisions; and 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)  { + When land is included under subsection (1)(d) of this
section, + } higher priority   { - shall - }   { + must + } 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 - }   { + identified for inclusion
 
under + } 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.
  SECTION 2.  { + The amendments to ORS 197.298 by section 1 of
this 2009 Act apply to any of the following processes initiated
on or after the effective date of this 2009 Act:
  (1) A proposal under ORS 197.610 to 197.625 to amend an
acknowledged comprehensive plan or regional framework plan that
concerns the urban growth boundary.
  (2) A periodic review pursuant to ORS 197.628 to 197.650.
  (3) Any legislative review of the comprehensive plan or
regional framework plan that concerns the urban growth
boundary. + }
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