ORS 197.298
Priority of land to be included within urban growth boundary

Text
Annotations 6

(1)

In addition to any requirements established by rule addressing urbanization, land may not be included within an urban growth boundary of Metro except under the following priorities:

(a)

First priority is land that is designated urban reserve land under ORS 195.145 (Urban reserves), 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 (High-value farmland description for ORS 215.705).

(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)

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.

(4)

When a city includes land within the urban growth boundary of the city pursuant to ORS 197.286 (Definitions for ORS 197.286 to 197.314 and 197.475 to 197.490) to 197.314 (Required siting of manufactured homes), the city shall prioritize lands for inclusion as provided in ORS 197A.320 (Priority of land to be included within urban growth boundaries outside Metro). [1995 c.547 §5; 1999 c.59 §56; 2013 c.575 §12]

Source: Section 197.298 — Priority of land to be included within urban growth boundary, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.

Notes of Decisions

Consideration of statutory factors for urbanization priority does not meet requirement of land use goal to consider agricultural land retention priority. 1000 Friends of Oregon v. Metro, 174 Or App 406, 26 P3d 151 (2001)

Whether higher priority land is “inadequate” to accommodate amount of land needed within proposed urban growth boundary is determined by suitability of land in addition to quantity of land. City of West Linn v. Land Conservation and Development Commission, 201 Or App 419, 119 P3d 285 (2005)

City must determine its separate land use needs by specific type and density rather than by broad, generic needs. 1000 Friends of Oregon v. LCDC, 244 Or App 239, 259 P3d 1021 (2011)

Prioritization under this statute is for purpose of identifying land that could be added to urban growth boundary; applicable land use goal is for purpose of determining which identified lands should be added to urban growth boundary. 1000 Friends of Oregon v. LCDC, 244 Or App 239, 259 P3d 1021 (2011)

Only land use goal factors related to consequences of land use and compatibility of land may be used to determine if prioritized land is inadequate to accommodate amount of land needed. 1000 Friends of Oregon v. LCDC, 244 Or App 239, 259 P3d 1021 (2011)

Law Review Citations

93 OLR 455 (2014)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 197.298 Priority of land to be included within urban growth boundary

(1)

(a)

(b)

(c)

(d)

(2)

(3)

(a)

(b)

(c)

(4)

Notes of Decisions

Law Review Citations

ORS 197.298
Priority of land to be included within urban growth boundary