Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 14 - APPLICATION OF THE STATEWIDE PLANNING GOALS TO NEWLY INCORPORATED CITIES, ANNEXATION, AND URBAN DEVELOPMENT ON RURAL LANDS › Section 660-014-0040 - Establishment of New Urban Development on Undeveloped Rural Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule, "undeveloped rural land" includes all land outside of acknowledged urban
			 growth boundaries except for rural areas committed to urban development. This
			 definition includes all resource and nonresource lands outside of urban growth
			 boundaries. It also includes those lands subject to built and committed
			 exceptions to Goals 3 or 4 but not developed at urban density or committed to
			 urban level development.
(2) A
			 county can justify an exception to Goal 14 to allow establishment of new urban
			 development on undeveloped rural land. Reasons that can justify why the
			 policies in Goals 3, 4, 11 and 14 should not apply can include but are not
			 limited to findings that an urban population and urban levels of facilities and
			 services are necessary to support an economic activity that is dependent upon
			 an adjacent or nearby natural resource.
(3) To approve an exception under section (2)
			 of this rule, a county must also show:
(a)
			 That Goal 2, Part II (c)(1) and (c)(2) are met by showing that the proposed
			 urban development cannot be reasonably accommodated in or through expansion of
			 existing urban growth boundaries or by intensification of development in
			 existing rural communities;
(b)
			 That Goal 2, Part II (c)(3) is met by showing that the long-term environmental,
			 economic, social and energy consequences resulting from urban development at
			 the proposed site with measures designed to reduce adverse impacts are not
			 significantly more adverse than would typically result from the same proposal
			 being located on other undeveloped rural lands, considering:
(A) Whether the amount of land included
			 within the boundaries of the proposed urban development is appropriate,
			 and
(B) Whether urban development
			 is limited by the air, water, energy and land resources at or available to the
			 proposed site, and whether urban development at the proposed site will
			 adversely affect the air, water, energy and land resources of the surrounding
			 area.
(c) That Goal 2,
			 Part II (c)(4) is met by showing that the proposed urban uses are compatible
			 with adjacent uses or will be so rendered through measures designed to reduce
			 adverse impacts considering:
(A) Whether
			 urban development at the proposed site detracts from the ability of existing
			 cities and service districts to provide services; and
(B) Whether the potential for continued
			 resource management of land at present levels surrounding and nearby the site
			 proposed for urban development is assured.
(d) That an appropriate level of public
			 facilities and services are likely to be provided in a timely and efficient
			 manner; and
(e) That establishment
			 of an urban growth boundary for a newly incorporated city or establishment of
			 new urban development on undeveloped rural land is coordinated with
			 comprehensive plans of affected jurisdictions and consistent with plans that
			 control the area proposed for new urban development.