OAR 660-024-0050
Land Inventory and Response to Deficiency
(1)
When evaluating or amending a UGB, a local government must inventory land inside the UGB to determine whether there is adequate development capacity to accommodate 20-year needs determined in OAR 660-024-0040 (Land Need). For residential land, the buildable land inventory must include vacant and redevelopable land, and be conducted in accordance with OAR 660-007-0045 or 660-008-0010 (Allocation of Buildable Land), whichever is applicable, and ORS 197.296 (Factors to establish sufficiency of buildable lands within urban growth boundary) for local governments subject to that statute. For employment land, the inventory must include suitable vacant and developed land designated for industrial or other employment use, and must be conducted in accordance with OAR 660-009-0015 (Economic Opportunities Analysis).(2)
As safe harbors, a local government, except a city with a population over 25,000 or a metropolitan service district described in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325)(13), may use the following assumptions to inventory the capacity of buildable lands to accommodate housing needs:(a)
The infill potential of developed residential lots or parcels of one-half acre or more may be determined by subtracting one-quarter acre (10,890 square feet) for the existing dwelling and assuming that the remainder is buildable land;(b)
Existing lots of less than one-half acre that are currently occupied by a residence may be assumed to be fully developed.(3)
As safe harbors when inventorying land to accommodate industrial and other employment needs, a local government may assume that a lot or parcel is vacant if it is:(a)
Equal to or larger than one-half acre, if the lot or parcel does not contain a permanent building; or(b)
Equal to or larger than five acres, if less than one-half acre of the lot or parcel is occupied by a permanent building.(4)
If the inventory demonstrates that the development capacity of land inside the UGB is inadequate to accommodate the estimated 20-year needs determined under OAR 660-024-0040 (Land Need), the local government must amend the plan to satisfy the need deficiency, either by increasing the development capacity of land already inside the city or by expanding the UGB, or both, and in accordance with ORS 197.296 (Factors to establish sufficiency of buildable lands within urban growth boundary) where applicable. Prior to expanding the UGB, a local government must demonstrate that the estimated needs cannot reasonably be accommodated on land already inside the UGB. If the local government determines there is a need to expand the UGB, changes to the UGB must be determined by evaluating alternative boundary locations consistent with Goal 14 and applicable rules at OAR 660-024-0060 (Metro Boundary Location Alternatives Analysis) or 660-024-0065 (Establishment of Study Area to Evaluate Land for Inclusion in the UGB) and 660-024-0067 (Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities).(5)
In evaluating an amendment of a UGB submitted under ORS 197.626 (Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves), the director or the commission may determine that a difference between the estimated 20-year needs determined under OAR 660-024-0040 (Land Need) and the amount of land and development capacity added to the UGB by the submitted amendment is unlikely to significantly affect land supply or resource land protection, and as a result, may determine that the proposed amendment complies with section (4) of this rule.(6)
When land is added to the UGB, the local government must assign appropriate urban plan designations to the added land, consistent with the need determination and the requirements of section (7) of this rule, if applicable. The local government must also apply appropriate zoning to the added land consistent with the plan designation or may maintain the land as urbanizable land until the land is rezoned for the planned urban uses, either by retaining the zoning that was assigned prior to inclusion in the boundary or by applying other interim zoning that maintains the land’s potential for planned urban development. The requirements of ORS 197.296 (Factors to establish sufficiency of buildable lands within urban growth boundary) regarding planning and zoning also apply when local governments specified in that statute add land to the UGB.(7)
Lands included within a UGB pursuant to OAR 660-024-0065 (Establishment of Study Area to Evaluate Land for Inclusion in the UGB)(3) to provide for a particular industrial use, or a particular public facility, must be planned and zoned for the intended use and must remain planned and zoned for that use unless the city removes the land from the UGB.(8)
As a safe harbor regarding requirements concerning “efficiency,” a local government that chooses to use the density and mix safe harbors in OAR 660-024-0040 (Land Need)(8) is deemed to have met the Goal 14 efficiency requirements under:(a)
Sections (1) and (4) of this rule regarding evaluation of the development capacity of residential land inside the UGB to accommodate the estimated 20-year needs; and(b)
Goal 14 regarding a demonstration that residential needs cannot be reasonably accommodated on residential land already inside the UGB, but not with respect to:(A)
A demonstration that residential needs cannot be reasonably accommodated by rezoning non-residential land, and(B)
Compliance with Goal 14 Boundary Location factors.
Source:
Rule 660-024-0050 — Land Inventory and Response to Deficiency, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-024-0050.