justicedao/ipfs_state_laws huggingface dataset:
660-038-0050 Determine Amount of Land Needed for Each Housing Type A city must: (1) Determine the land needed for each category of residential development over the 14-year period by dividing the number of needed units determined in OAR 660-038-0040 by the projected number of net dwelling units per acre using the ranges in Table 2. (2) Calculate the overall net density (total dwelling units divided by total land need) for all residential land need in terms of dwellings units per acre and compare the result with the current density of the developed lands shown in the buildable lands inventory within the city’s UGB completed under OAR 660-038-0060(5). (3) If necessary, adjust the density assumptions used in the residential land need analysis so that the overall net density for all residential land need is at least equal to the density determined in section (2). (4) Add an amount equal to 25 percent of the total residential land needed to account for public land need for infrastructure and facilities such as schools and parks and to account for private institutional land need. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 197.040, 197A.305, 197A.320 & 197.235 Statutes/Other Implemented: ORS 197A.300, 197A.302, 197A.305, 197A.310, 197A.312, 197A.315, 197A.320 & 197A.325 History: LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16
660-038-0080 Compare Residential Land Need to Land Supply (1) To determine whether to expand the UGB, a city must compare the amount of land needed for each category of residential development, as determined in OAR 660-038-0050, with the amount of buildable land available for each category of residential development, as determined in OAR 660-038-0070(3). (2) If the amount of buildable residential land is greater than the amount of land needed for all categories of residential development, then no UGB expansion for residential land need is allowed. (3) If the amount of buildable residential land is less than the amount of land needed for residential development, the city must expand the UGB to provide the amount of land needed, provided that if the amount of buildable residential land is less than the amount of land needed for one category of residential development, but is greater than the amount of land needed for another category, then the city must determine whether the residential land need can be reasonably accommodated by redesignating surplus land in the other residential category, except as provided in section (5) of this rule. (4) A city must also determine whether surplus employment land as determined in OAR 660-038-0150, or publicly-owned land not designated for employment or residential use that has been declared surplus by the public entity, can reasonably accommodate all or part of a residential land deficit except as provided in OAR 660-038-0150(4). (5) A city: (a) Is not required to consider whether a high or medium density land surplus can reasonably accommodate a low density land deficit; (b) May not redesignate surplus high or medium density land that is located within 500 feet of an arterial roadway or its functional equivalent identified in the city’s acknowledged Transportation System Plan. (6) If a city determines that the UGB must be expanded to meet residential land needs, the city must apply: (a) OAR 660-038-0160 and 660-038-0170 to evaluate which lands to include in the UGB in order to meet the need deficit, and (b) OAR 660-038-0190 to plan and zone lands that are added and, if necessary, to adjust planning and zoning of residential lands currently in the UGB. Statutory/Other Authority: ORS 197.040, 197A.305, 197A.320 & 197.235 Statutes/Other Implemented: ORS 197A.300, 197A.302, 197A.305, 197A.310, 197A.312, 197A.315, 197A.320 & 197A.325 History: LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16
660-038-0090 Employment Land Need OAR 660-038-0090 to 660-038-0150 provides steps that a city must follow to determine employment land need over the 14-year planning period. (1) A city that applies the UGB method in this division: (a) Must forecast the amount of buildable lands that will be needed for projected employment in the UGB over a 14-year period using rules in OAR 660-038-0100 through 660-038-0150, and (b) Must provide within its UGB sufficient buildable lands and other development capacity to accommodate the growth in employment that is forecast to occur over a 14-year period and plan those lands as required by OAR 660-038-0180. (2) The city must forecast employment growth within the UGB for a 14-year period from the year in which the UGB analysis was initiated. As provided in ORS 197A.310(4) and 197A.312(4), the city may forecast employment growth based on either: (a) The population growth forecast for the city’s UGB in the most recent final forecast issued by the Portland State University Population Research Center under ORS 195.033 applying the requirements of OAR 660-038-0100, or (b) The most recent long term employment growth forecast issued by the Oregon Employment Department (OED) for the applicable region, applying the requirements of OAR 660 038 0110. Statutory/Other Authority: ORS 197.040, 197A.305, 197A.320 & 197.235 Statutes/Other Implemented: ORS 197A.300, 197A.302, 197A.305, 197A.310, 197A.312, 197A.315, 197A.320 & 197A.325 History: LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16
660-038-0100 Forecast Employment Growth Based on Population Growth To forecast 14-year employment growth based on the PSU long term forecast of population growth, a city must: (1) Determine the forecast population of the city’s UGB for the 14-year period from the year in which the UGB analysis was initiated based on the most recent forecast issued by the Portland State University Population Research Center. (2) Determine the current population of the UGB using the most recent population estimate issued by the Portland State University Population Research Center. (3) Determine the rate of population growth for the city over the 14-year period based on sections (1) and (2). (4) Using Table 3, determine the current number of “commercial” and “industrial” jobs in the UGB, based on the definitions in OAR 660-038-0010. (5) To forecast the number of new commercial and new industrial jobs anticipated to occur in the UGB for the 14-year planning period, the city must: (a) Multiply the number of commercial jobs currently in the UGB determined in section (4) by the rate of population growth rate determined in section (3), and (b) Multiply the number of industrial jobs currently in the UGB determined in section (4) by the rate of population growth determined in section (3). (6) To account for jobs that are likely to occur on land that is zoned for uses other than commercial or industrial (and which therefore will not require buildable “employment land”), the city must reduce the forecast of new jobs determined in section (5) by 20 percent. (7) The result is the number of new commercial and industrial jobs forecast for the 14-year planning period to be accommodated on employment lands in the UGB. The city must use this result or the result in OAR 660-038-0110 as a basis for determining land needs under OAR 660-038-0140. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 197.040, ORS 197.235, ORS 197A.285 & ORS 197A.305 Statutes/Other Implemented: ORS 197A.300, ORS 197A.302, ORS 197A.305, ORS 197A.310, ORS 197A.312, ORS 197A.315, ORS 197A.325 & ORS 197A.285 History: LCDD 2-2025, amend filed 07/07/2025, effective 07/07/2025 LCDD 3-2024, amend filed 07/11/2024, effective 07/11/2024 LCDD 8-2023, amend filed 08/07/2023, effective 08/07/2023 LCDD 4-2023, amend filed 05/10/2023, effective 05/10/2023 LCDD 7-2020, amend filed 06/22/2020, effective 07/03/2020 LCDD 1-2019, amend filed 01/28/2019, effective 02/05/2019 LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16
660-038-0110 Forecast Employment Growth Based on Oregon Employment Department Forecast As an alternative to the method provided in OAR 660-038-0100, to forecast 14-year employment growth based on the most recent long-term job forecast issued by the Oregon Employment Department (OED), a city must: (1) Determine the number of “commercial” and “industrial” jobs currently in the UGB as provided in Table 3. (2) Using Table 4, determine the long-term growth rates forecast by OED for commercial jobs and for industrial jobs in the OED region that includes the city. For purposes of this rule, “OED region” means Workforce Innovation and Opportunity Act (WIOA) Areas for which OED forecasts long-term job growth. (3) To forecast the number of new commercial and new industrial jobs anticipated to occur in the UGB for the 14-year planning period, the city must: (a) Multiply the number of commercial jobs currently in the UGB determined in section (1) by the forecast rate of growth determined in section (2), and (b) Multiply the number of industrial jobs currently in the UGB determined in section (1) by the forecast rate of growth determined in section (2). (4) To account for jobs that are likely to occur on land that is zoned for uses other than commercial or industrial (and which therefore will not require buildable “employment land”), the city must reduce the forecast of new commercial and industrial jobs determined in subsections (3)(a) and (3)(b) by 20 percent. (5) The result is the number of new commercial and industrial jobs forecast for the 14-year planning period to be accommodated on employment lands in the UGB. The city must use this result or the result in OAR 660-038-0100 as a basis for determining employment land needs under OAR 660-038-0140. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 197.040, ORS 197.235, ORS 197A.284 & ORS 197A.305 Statutes/Other Implemented: ORS 197A.285, ORS 197A.300, ORS 197A.302, ORS 197A.305, ORS 197A.310, ORS 197A.312, ORS 197A.315 & ORS 197A.325 History: LCDD 2-2025, amend filed 07/07/2025, effective 07/07/2025 LCDD 3-2024, amend filed 07/11/2024, effective 07/11/2024 LCDD 8-2023, amend filed 08/07/2023, effective 08/07/2023 LCDD 4-2023, amend filed 05/10/2023, effective 05/10/2023 LCDD 7-2020, amend filed 06/22/2020, effective 07/03/2020 LCDD 1-2019, amend filed 01/28/2019, effective 02/05/2019 LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16
660-038-0190 Additional Planning for Residential Lands Added to the UGB Cities that use the method in this division to provide land for needed housing must plan for residential lands added to the UGB as provided in this rule, in addition to the requirements in OAR 660-038-0180. (1) The comprehensive plan and implementing zoning shall allow the housing types and densities determined to be needed in OAR 660-038-0040 and 660-038-0050 under clear and objective standards and shall meet other applicable needed housing requirements specified in ORS 197.307 and OAR chapter 660, division 8. (2) The city and appropriate counties must assign appropriate urban plan designations to the added residential land consistent with the need determination, and either: (a) Apply appropriate zoning to the added land consistent with the plan designation, or (b) Adopt measures to maintain the land as urbanizable land until the land is rezoned for the planned urban uses 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. Measures for rezoning urbanizable land for needed housing shall be clear and objective and consistent with other requirements of ORS 197.307. (3) Cities with UGB population of 10,000 or greater must either: (a) Consider the housing measures listed in the Table 5 and adopt at least one high impact measure or three low impact measures, or (b) Satisfy the alternate performance standard in section (4). (4) A city has satisfied the alternate performance standard section (3)(b) if the city: (a) Has a development code that contains the provisions specified in items 1 through 5 and 29 through 31 of Table 5; and (b) Demonstrates with substantial evidence in the record that, during the preceding planning period or preceding seven years, whichever is less, development in the city equaled or exceeded the maximum percentage set forth in the ranges for redevelopment in residentially zoned and developed areas and mixed use residential development in commercially zoned areas in OAR 660-038-0030(6)(a) through (c). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 197.040, ORS 197A.305, ORS 197A.320 & ORS 197.235 Statutes/Other Implemented: ORS 197A.300, ORS 197A.302, ORS 197A.305, ORS 197A.310, ORS 197A.312, ORS 197A.315, ORS 197A.320 & ORS 197A.325 History: LCDD 1-2019, amend filed 01/28/2019, effective 02/05/2019 LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16
660-039-0000 Purpose The affordable housing pilot program is intended to: (1) Encourage local governments to provide an adequate supply of land within urban growth boundaries that is dedicated to affordable housing; (2) Encourage the development of affordable housing on land dedicated to affordable housing; (3) Protect land dedicated to affordable housing from conversion to other uses before or after the development of affordable housing; (4) Enhance public understanding of the relationship of land supply to the development of affordable and needed housing; and (5) Enhance public understanding of how cities can increase the amount of affordable and needed housing. Statutory/Other Authority: ORS 197.040, OL 2016 & Ch. 52 Statutes/Other Implemented: OL 2016 & Ch. 52 History: LCDD 2-2017, f. 2-24-17, cert. ef. 2-27-17
660-039-0010 Definitions The definitions in ORS 197.015, the statewide planning goals, and the following definitions apply to this division: (1) “Affordable housing” means: (a) Housing units available for rent, with or without government assistance, by households who meet applicable maximum income limits, not to exceed 80 percent of the area median income, adjusted for family size, as determined based on data from the United States Department of Housing and Urban Development or its successor agency, and in a manner so that no more than 30 percent of the household’s gross income will be spent on rent and utilities; (b) Housing units available for purchase, with or without government assistance, by households who meet applicable maximum income limits, not to exceed 80 percent of the area median income, adjusted for family size, as determined based on data from the United States Department of Housing and Urban Development or its successor agency, and in a manner so that no more than 30 percent of the household’s gross income will be spent on home loan or mortgage payments, amortized interest, property taxes, insurance, and condominium or association fees, if any; or (c) Spaces in manufactured dwelling parks available for rent, with or without government assistance, by households who meet applicable maximum income limits, not to exceed 100 percent of the area median income, adjusted for family size, as determined based on data from the United States Department of Housing and Urban Development or its successor agency. (2) “Affordable housing unit” means a single housing unit, or a single space in a manufactured dwelling park, that meets the definition of affordable housing. (3) “High-value farmland” has the meaning provided in ORS 195.300. (4) “Housing unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. (5) “Market rate housing unit” means a single housing unit, or a single space in a manufactured dwelling park, that does not qualify as affordable housing. (6) “Public facilities and services” means sanitary sewers, domestic water, fire protection, parks, recreation, streets and roads, and mass transit. (7) “Qualifying city” means any incorporated city except for: (a) Any incorporated city within Clackamas, Marion, Multnomah, Polk and Washington Counties; and (b) Culver, Madras, Metolius, or any other incorporated city within the portion of Jefferson County that is also within the boundary of the North Unit Irrigation District. (8) “Site” means one or more contiguous lots or parcels. Statutory/Other Authority: ORS 197.040, OL 2016 & Ch. 52 Statutes/Other Implemented: OL 2016 & Ch. 52 History: LCDD 2-2017, f. 2-24-17, cert. ef. 2-27-17
660-039-0030 Compliance with Goals, Statutes, Administrative Rules (1) Regarding the pilot project site, a qualifying city submitting a pilot project nomination is exempt from compliance, and the commission is not required to select a pilot project that complies, with: (a) ORS 197A.320; (b) The Land Need or Boundary Location provisions of Goal 14; (c) Goals 3, 4, 6, 8, 9, 10, 12, 13, and 19; (d) Goal 11, except that portion applicable to the impact of development of the pilot project site upon existing and planned public facilities within the qualifying city’s urban growth boundary; (e) Goal 15, unless the land is within the Willamette River Greenway Boundary; (f) Goals 16, 17, and 18, unless the land is within a coastal shorelands boundary; or (g) Any administrative rules implementing, clarifying, or interpreting these goals. (2) A qualifying city submitting a pilot project nomination is required to make findings showing compliance, and the commission is required to select a pilot project that complies with: (a) Goal 5, regarding resources located on the project site; and (b) Goal 7. (3) Notwithstanding section (1), a qualifying city may not bring high-value farmland within its urban growth boundary to implement a pilot project. Statutory/Other Authority: ORS 197.040, OL 2016 & Ch. 52 Statutes/Other Implemented: OL 2016 & Ch. 52 History: LCDD 2-2017, f. 2-24-17, cert. ef. 2-27-17
660-039-0050 Impacts on Natural Resources and Nearby Farm and Forest Uses (1) The pilot project site shall be buffered from adjacent lands in an exclusive farm use zone, forest zone, or mixed farm and forest zone, by a minimum 100-foot-wide buffer on the pilot project site. The buffer shall include features, such as terrain differential, natural or introduced vegetation, and constructed berms, designed to provide additional buffering quality within the buffer area. (2) In lieu of the buffer required under section (1), a qualifying city may propose an alternative method to avoid or minimize adverse effects on adjacent lands in an exclusive farm use zone, forest zone, or mixed farm and forest zone that would provide greater protection to land zoned farm, forest or mixed farm and forest than would otherwise be provided through the buffer. (3) The commission shall consider the following when determining the strength of buffers pursuant to OAR 660-039-0080(2)(b)(C): (a) The amount and percentage of the pilot project site perimeter that is not adjacent to lands in an exclusive farm use zone, forest zone, or mixed farm and forest zone; (b) A proposed buffer that is wider than 100 feet, or that uses more thorough techniques within the buffer area to reduce impacts to farm and forest lands; (c) The type and characteristics of farm and forest practices on the pilot project site over the past 20 years; (d) The type and characteristics of farm and forest practices on lands adjacent to the pilot project site; (e) The impact of the pilot project development on adjacent farm and forest practices including movement of farm and forest vehicles and equipment; and (f) The impact of the pilot project development on fire protection, if adjacent to forest practices. (4) If a qualifying city submits factual information demonstrating a Goal 5 resource site, or the impact areas of such a site, is included in the pilot project site to be added to the urban growth boundary, the qualifying city shall apply the requirements of OAR chapter 660, division 23. For purposes of this section, “impact area” is a geographic area within which conflicting uses could adversely affect a significant Goal 5 resource, as described in OAR 660-023-0040(3). Statutory/Other Authority: ORS 197.040, OL 2016 & Ch. 52 Statutes/Other Implemented: OL 2016 & Ch. 52 History: LCDD 2-2017, f. 2-24-17, cert. ef. 2-27-17
660-039-0080 Commission Selection (1) After the deadline for final applications established in OAR 660-039-0020(1)(b) or (2), the commission shall select two pilot projects for implementation: (a) One from a qualifying city with a population of 25,000 or less, and (b) One from a qualifying city with a population greater than 25,000. (2) In selecting pilot projects, the commission may: (a) Only consider applications that: (A) The department determines are complete pursuant to OAR 660-039-0020(7); and (B) The commission determines have met all of the requirements provided in OAR 660-039-0020(8); (b) Consider recommendations of the director and determine which two pilot project proposal as provided in section (1) best satisfy the following factors: (A) The housing considerations, as provided in OAR 660-039-0070(7); (B) The proximity and quality of public facilities and services, including transportation facilities and transit service, for the pilot project site as provided in OAR 660-039-0040(4). (C) The quality of measures to avoid or minimize adverse effects on adjacent lands in an exclusive farm use zone, forest zone, or mixed farm and forest zone as provided in OAR 660-039-0050(3). (D) The number and strength of measures the qualifying city has adopted to accommodate and encourage the development of needed and affordable housing within its existing urban growth boundary as provided in OAR 660-039-0060. (c) Consider each factor in subsection (b) and select the application that best achieves the purposes as provided in OAR 660-039-0000. (3) The commission shall make a preliminary selection of one pilot project site from a qualifying city in both subsection (1)(a) and (b). Within 60 days of the preliminary selection, each qualifying city shall submit to the commission specific information regarding: (a) The form and content of provisions ensuring that affordable housing developed on the site continues to be used to provide affordable housing for a period of at least 50 years after the selection of the pilot project site; and (b) The proposed comprehensive plan and zoning designations for the pilot project site. (4) The commission shall review each qualifying city’s information submittal pursuant to section (3). Once the form and content are satisfactory to the commission, the commission shall issue a final order selecting the pilot project site for the development proposed in the concept plan. Statutory/Other Authority: ORS 197.040, OL 2016 & Ch. 52 Statutes/Other Implemented: OL 2016 & Ch. 52 History: LCDD 2-2017, f. 2-24-17, cert. ef. 2-27-17