75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 634
 
LC 3010/SB 634-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 634
 
        By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
 
                              May 5
 
  On page 1 of the printed bill, delete lines 5 through 32 and
delete page 2 and insert:
  '  { +  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  { + state in-lieu lands that are zoned for exclusive
farm use and that are adjacent to the urban growth boundary.
  ' (e) If land under paragraphs (a) to (d) of this subsection is
inadequate to accommodate the amount of land needed, fifth
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.
  '  { +  SECTION 2. + }  { + The amendments to ORS 197.298 by
section 1 of this 2009 Act apply to land included within an urban
growth boundary on or after the effective date of this 2009
Act. + } ' .
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