OAR 660-024-0070
UGB Adjustments
(1)
A local government may adjust the UGB at any time to better achieve the purposes of Goal 14 and this division. Such adjustment may occur by adding or removing land from the UGB, or by exchanging land inside the UGB for land outside the UGB. The requirements of section (2) of this rule apply when removing land from the UGB. The requirements of Goal 14 and this division[and ORS 197.298 (Priority of land to be included within urban growth boundary)] apply when land is added to the UGB, including land added in exchange for land removed. The requirements of ORS 197.296 (Factors to establish sufficiency of buildable lands within urban growth boundary) may also apply when land is added to a UGB, as specified in that statute. If a local government exchanges land inside the UGB for land outside the UGB, the applicable local government must adopt appropriate rural zoning designations for the land removed from the UGB prior to or at the time of adoption of the UGB amendment and must apply applicable location and priority provisions of OAR 660-024-0060 (Metro Boundary Location Alternatives Analysis) through 660-020-0067.(2)
A local government may remove land from a UGB following the procedures and requirements of ORS 197.764 (Application to remove property from within urban growth boundary). Alternatively, a local government may remove land from the UGB following the procedures and requirements of 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.650 (Appeal to Court of Appeals), provided it determines:(a)
The removal of land would not violate applicable statewide planning goals and rules;(b)
The UGB would provide a 20-year supply of land for estimated needs after the land is removed, or would provide roughly the same supply of buildable land as prior to the removal, taking into consideration land added to the UGB at the same time;(c)
Public facilities agreements adopted under ORS 195.020 (Special district planning responsibilities) do not intend to provide for urban services on the subject land unless the public facilities provider agrees to removal of the land from the UGB and concurrent modification of the agreement;(d)
Removal of the land does not preclude the efficient provision of urban services to any other buildable land that remains inside the UGB; and(e)
The land removed from the UGB is planned and zoned for rural use consistent with all applicable laws.(3)
Notwithstanding sections (1) and (2) of this rule, a local government considering an exchange of land may rely on the land needs analysis that provided a basis for its current acknowledged plan, rather than adopting a new need analysis, provided:(a)
The amount of buildable land added to the UGB to meet:(A)
A specific type of residential need is substantially equivalent to the amount of buildable residential land removed, or(B)
The amount of employment land added to the UGB to meet an employment need is substantially equivalent to the amount of employment land removed, and(b)
The local government must apply comprehensive plan designations and, if applicable, urban zoning to the land added to the UGB, such that the land added is designated:(A)
For the same residential uses and at the same housing density as the land removed from the UGB, or(B)
For the same employment uses as allowed on the land removed from the UGB, or(C)
If the land exchange is intended to provide for a particular industrial use that requires specific site characteristics, only land zoned for commercial or industrial use may be removed, and the land added must be zoned for the particular industrial use and meet other applicable requirements of ORS 197A.320(6).
Source:
Rule 660-024-0070 — UGB Adjustments, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-024-0070.