reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 35 - FEDERAL CONSISTENCY › Section 660-035-0060 - Consistency for Outer Continental Shelf (OCS) Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When reviewing an outer continental shelf
			 activity that requires an authorization from the U.S. Department of the
			 Interior pursuant to the Outer Continental Shelf Lands Act (43 USC §§
									1331 - 1356 (a)  for consistency with the enforceable policies of
			 the OCMP, the department shall conform to the requirements and procedures
			 provided in  15 CFR Part 930, Subpart E.
(2) For review of an outer continental shelf
			 activity, an applicant must submit to the Secretary of the Interior or designee
			 a consistency certification and materials described in  15 CFR §
									930.76.
			 The Secretary of the Interior or designee will furnish the department with a
			 copy of the information.
(3) The
			 department shall provide for public participation consistent with the
			 provisions of  15 CFR §
									930.77. To do so, the department will follow the
			 procedure set forth in OAR 660-035-0050(3)(a)-(c).
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  196.435
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 35 - FEDERAL CONSISTENCY › Section 660-035-0070 - Consistency for Federal Assistance to State and Local Governments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When reviewing
			 applications for federal assistance to state and local governments for
			 consistency with the enforceable policies of the OCMP, the department shall
			 conform to the requirements and procedures provided in  15 CFR Part 930, Subpart
			 F.
(2) For review of federal
			 assistance to state and local governments, the applicant agency must submit to
			 the department the materials described in  15 CFR §
									930.94.
(3) The department's review period for
			 consistency certifications for federal assistance to state and local
			 governments shall be 60 days.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  196.435
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 36 - OCEAN PLANNING › Section 660-036-0000 - Territorial Sea Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The Land Conservation and Development Commission adopts and
				herein incorporates by reference as part of the Oregon Coastal Management
				Program, the Territorial Sea Plan:
(1)
			 Part One (Ocean Management Framework) approved by the Ocean Policy Advisory
			 Council on August 12, 1994, and as amended May 4, 2001.
(2) Part Two (Making Resource Use Decisions)
			 approved by the Ocean Policy Advisory Council on August 12, 1994.
(3) Part Three (Rocky Habitat Management
			 Strategy) approved by the Ocean Policy Advisory Council on November 4, 2021 and
			 as amended on December 9, 2022.
Publications: Publications referenced are available from the
				  agency.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  196.471, ORS
				  197.040 & ORS
				  196.443(1)(a)
Statutes/Other Implemented: ORS
				  196.465 & ORS
				  196.471
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 36 - OCEAN PLANNING › Section 660-036-0001 - Telecommunication Cables, Pipelines, and Other Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon's coast is a prime landing zone
			 for fiber-optic telecommunication cables that cross the ocean floor from sites
			 around the Pacific Rim. Other utilities, such as natural gas pipelines, may
			 eventually be routed across Oregon's Territorial Sea bed. Proper placement of
			 utility easements and installation of fixtures is required to avoid damage to
			 or conflict with other ocean uses, such as commercial fishing, and to reduce or
			 avoid adverse effects on marine habitats. State agencies, such as the Division
			 of State Lands, the Department of Fish and Wildlife, the Oregon Parks and
			 Recreation Department, and the Department of Land Conservation and Development,
			 need clear policies and standards for reviewing and approving the routing and
			 installation of utilities on the seafloor of Oregon and adjacent federal
			 waters.
(2)
Policies
.
			 When making decisions to approve routing, placement, or operation of a seafloor
			 utility or fixture, state and federal agencies shall:
(a) Protect ocean fisheries and other ocean
			 uses from any adverse effects that may be caused by installation or operation
			 of cables, pipelines, or other fixtures by requiring that such routing,
			 placement, or operation:
(A) Avoid conflicts
			 between commercial or recreational fishing or other ocean-use activities and
			 utilities, as a first priority;
(B)
			 Reduce any adverse effects when conflicts cannot be avoided; and
(C) Mitigate for adverse effects after first
			 reducing them to the minimum practicable.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 36 - OCEAN PLANNING › Section 660-036-0003 - Territorial Sea Plan: Ocean Policies

Current through Register Vol. 63, No. 7, July 1, 2024
The Land Conservation and Development Commission adopts as part
				of the Oregon Coastal Management Program, and herein incorporates by reference,
				an amendment to the Territorial Sea Plan entitled Ocean Management Goals and
				Policies that was approved by the Ocean Policy Advisory Council on June 4,
				1999.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 197
Stats. Implemented: ORS
				  196.471
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 36 - OCEAN PLANNING › Section 660-036-0005 - Territorial Sea Plan: Use of the Territorial Sea for the Development of Renewable Energy Facilities or Other Related Structures, Equipment or Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
The Land Conservation and Development Commission adopts as part
				of the Oregon Coastal Management Program, and herein incorporates by reference,
				an amendment to the Territorial Sea Plan Part Five: Use of the Territorial Sea
				for the Development of Renewable Energy Facilities or Other Related Structures,
				Equipment or Facilities, that the Commission approved as modified on May 24,
				2019.
Publications: Publications referenced are available from the
				  agency.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  196.471
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 36 - OCEAN PLANNING › Section 660-036-0010 - Ocean Resources Management Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The Land Conservation and Development Commission adopts and
				herein incorporates by reference the
Ocean Resources Management
				Plan
adopted by Commission Order #90-OCEAN-699, December 12, 1990, and
				amendments to the
Ocean Resources Management Plan
as approved by
				the Ocean Policy Advisory Council on March 11, 1994 and June 10,
				1994.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  183.310 -
				  183.550,
				  196.465,
				  196.471 &
				  197.040
Stats. Implemented: ORS
				  196.405 -
				  196.515 &
				  197.040
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS › Section 660-037-0010 - Purpose Statement

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to implement Coastal Shoreland
				Uses Requirement 2 of Goal 17 Coastal Shorelands (OAR 660-015-0010(2))
				regarding water-dependent shorelands in estuaries. This division explains how
				to calculate the minimum amount of shorelands to be protected for
				water-dependent uses. This division also identifies the qualifications of
				shorelands suitable for water-dependent uses as well as suggested land use
				regulations for implementation.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.010 - ORS
				  197.830
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS › Section 660-037-0020 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Land
			 Conservation and Development Commission (LCDC) recognizes that since the early
			 1980's, when comprehensive estuary management plans were acknowledged by LCDC,
			 significant economic changes experienced in coastal communities have affected
			 the demands for shorelands. During this period, most of the shorelands
			 designated for water-dependent development in local estuary plans have remained
			 vacant. As a result of these economic changes, there have been increased
			 pressures to develop the vacant or underdeveloped water-dependent lands for
			 nonwater-dependent uses.
(2) The
			 reasons to protect certain shorelands for water-dependent uses are both
			 economic and environmental. Economically, shoreland sites for water-dependent
			 development are a finite economic resource that usually need protection from
			 prevailing real estate market forces. By its very nature, water-dependent
			 development can occur only in shoreland areas and only in certain shorelands
			 with suitable characteristics relating to water access, land transportation and
			 infrastructure, and surrounding land use compatibility. Once these suitable
			 sites are lost to nonwater-dependent uses, they are very difficult and
			 expensive to recover, if at all. Environmentally, providing "suitable" areas
			 for water-dependent development means less economic and political pressure to
			 accommodate future development in environmentally sensitive areas such as
			 wetlands, marshes, and biologically productive shallow subtidal
			 areas.
(3) As a matter of state
			 policy, it is not desirable to allow these scarce and non-renewable resources
			 of the marine economy to be irretrievably committed to, or otherwise
			 significantly impaired by, nonindustrial or nonwater-dependent types of
			 development which enjoy a far greater range of locational options.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.010 - ORS
				  197.830
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS › Section 660-037-0030 - Statement of Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division applies to any post-acknowledgment plan amendment or periodic
			 review work task that:
(a) Would directly
			 affect a designated water-dependent shoreland site; and
(b) Is initiated on or after the effective
			 date of this division.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS › Section 660-037-0040 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of division 037, the definitions contained in ORS
				197.015 and the Statewide
				Planning Goals (OAR chapter 660, division 015) apply. In addition, the
				following definitions apply:
(1)
			 "Designated water-dependent shoreland site" means an estuarine shoreland area
			 designated in a comprehensive plan and land use regulation to comply with
			 Coastal Shoreland Uses Requirement 2 of Goal 17, Coastal Shorelands (OAR
			 660-015-0010(2)).
(2) "Goal 2
			 Exception" means the land use planning requirements waiver process provided in
			 Goal 2, Land Use Planning, Part II (OAR 660-015-0000(2)) and OAR Chapter 660,
			 Division 004, Interpretation of Goal 2 Exception Process.
(3) "Periodic review" means the land use
			 planning process described in ORS
			 197.628 through
			 197.646.
(4) "Post-acknowledgment plan amendment"
			 means an action taken in accordance with ORS
			 197.610 through
			 197.625, including amendments to
			 an acknowledged comprehensive plan or land use regulation and the adoption of
			 any new plan or land use regulation. The term does not include periodic review
			 actions.
(5) "Structure or facility
			 that provides water-dependent access" means anything constructed or installed, regardless of its present condition, functionality or serviceability, that
			 provides or provided water-dependent uses with physical access to the adjacent
			 coastal water body. Examples include wharves, piers, docks, mooring piling,
			 boat ramps, water intake or discharge structures, or navigational
			 aids.
(6) "Water-Dependent Use".
(a) The definition of "water-dependent"
			 contained in the Statewide Planning Goals (OAR Chapter 660, Division 015)
			 applies. In addition, the following definitions apply:
(A) "Access" means physical contact with or
			 use of the water.
(B) "Requires"
			 means the use either by its intrinsic nature (e.g., fishing, navigation, boat
			 moorage) or at the current level of technology cannot exist without water
			 access.
(C) "Water-borne
			 transportation" means uses of water access:
(i) Which are themselves transportation (e.g.
			 navigation);
(ii) Which require the
			 receipt of shipment of goods by water; or
(iii) Which are necessary to support
			 water-borne transportation (e.g. moorage fueling, servicing of watercraft,
			 ships, boats, etc. terminal and transfer facilities).
(D) "Recreation" means water access for
			 fishing, swimming, boating, etc. Recreational uses are water dependent only if
			 use of the water is an integral part of the activity.
(E) "Energy production" means uses which need
			 quantities of water to produce energy directly (e.g. hydroelectric facilities,
			 ocean thermal energy conversion).
(F) "Source of water" means facilities for
			 the appropriation of quantities of water for cooling processing or other
			 integral functions.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS › Section 660-037-0050 - Minimum Water-Dependent Shoreland Protection Acreage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Estuarine cities and counties shall
			 protect for water-dependent industrial, commercial, and recreational uses a
			 minimum amount of shorelands suitable for water-dependent uses.
(2) Estuarine cities and counties shall
			 calculate the minimum amount of shorelands to be protected within their
			 respective political boundaries based on the following combination of factors
			 as they may exist:
(a) Current Water-Dependent
			 Use -- Acreage of estuarine shorelands that are currently being used for
			 water-dependent uses; and
(b)
			 Former Water-Dependent Use -- Acreage of estuarine shorelands that at any time
			 were used for water-dependent uses and still possess a structure or facility
			 that provides water-dependent access.
(c) For purposes of this rule, the
			 calculation of the minimum amount of shorelands to be protected shall include
			 storage and other backup land that is, or in the case of former water-dependent
			 uses was, in direct support of the water-dependent use at the site.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS › Section 660-037-0060 - Designate Water-Dependent Shorelands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Estuarine city and county comprehensive
			 plans shall designate as water-dependent shorelands a sufficient total acreage
			 that is equal to or greater than the minimum water-dependent shorelands acreage
			 calculated by OAR 660-037-0050  above. In addition, all shorelands designated in
			 accordance with this rule shall satisfy the water-dependent access locational
			 criteria of OAR 660-037-0070  below.
(2) Designation Options. Either Option A or
			 Option B:
(a) Option A: An individual
			 estuarine city or county may designate as water-dependent shorelands any
			 shorelands within its planning jurisdiction the total acreage of which is equal
			 to or greater than the minimum acreage of water-dependent shorelands calculated
			 for protection in OAR 660-037-0050  above.
(b) Option B: An individual estuarine city or
			 county may designate as water-dependent shorelands any shorelands within its
			 planning jurisdiction the total acreage of which is less than the minimum
			 acreage of water-dependent shorelands calculated for protection in OAR
			 660-037-0050  above. An estuarine city or county choosing to exercise this
			 option must do so in coordination with one or more of the other city and county
			 governments in the estuary. This means that the local governments participating
			 in Option B must do the following:
(A) Revise
			 their comprehensive plans and land use regulations in compliance with this
			 division; and
(B) Designate as
			 water-dependent shorelands any shorelands within the estuary whose total
			 acreage is equal to or greater than the minimum acreage of water-dependent
			 shorelands calculated for the estuary as a whole in OAR 660-037-0050  above. In
			 effect, this means that the other cities and the county in the estuary will
			 provide the water-dependent shoreland acreage not provided by the jurisdiction
			 or jurisdictions exercising Option B.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS › Section 660-037-0080 - Methods of Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Local governments shall adopt appropriate land use regulations that protect for
			 water-dependent recreational, commercial, and industrial uses the shorelands
			 designated in OAR 660-037-0060  above.
(2) A designated water-dependent shoreland is
			 protected for water-dependent uses when:
(a)
			 the operation of a water-dependent use is not threatened by nonwater-dependent
			 uses; and
(b) the siting of future
			 water-dependent uses will not be preempted by the presence of
			 nonwater-dependent uses.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 37 - GOAL 17 WATER-DEPENDENT SHORELANDS › Section 660-037-0090 - Rezoning of Qualifying Shorelands to Nonwater-Dependent Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any amendment
			 to an acknowledged comprehensive plan or land use regulation under this rule
			 must comply with all applicable Statewide Planning Goals. For purposes of this
			 division, such applicable Goals include but are not limited to the following:
			 Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces (OAR
			 660-015-0000(5)); Goal 7, Natural Hazards (660-015-0000(7)); Goal 16, Estuarine
			 Resources (660-015-0010(1)); and Goal 17, Coastal Shorelands (660-015-0010(2)).
			 In Goal 16, the designation of estuarine management units is based in part on
			 the uses of the adjacent shorelands. Consequently, any change to shoreland
			 designations and allowed uses being proposed under this division must include
			 consideration of affected estuarine management unit designations and allowed
			 uses. This is particularly important in situations where the level of
			 development designated in the adjacent estuarine management unit was
			 acknowledged through a Goal 2 Exception; retaining that level of estuarine
			 development would no longer be justified without taking a new Goal 2
			 Exception.
(2) Local governments
			 that choose to rezone shoreland sites to nonwater-dependent uses as allowed
			 under this division are encouraged to provide for water-related and
			 water-oriented uses at such sites as much as possible.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.010 - ORS
				  197.830
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this division is to implement ORS 197A.300 to 197A.325 by providing simplified
			 methods to evaluate and amend an urban growth boundary (UGB) for a city outside
			 Metro.
(Note: ORS 197A.320 regarding the establishment of study areas
				and the priority of lands for UGB amendment applies both to the "simplified"
				UGB methods under this division and to the "traditional" UGB method described
				in OAR chapter 660, division 24. Rules in this division at OAR 660-038-0160  and
				660-038-0170  interpret that statute with respect to the simplified methods.
				Rules at OAR 660-024-0065  and 660-024-0067  interpret ORS 197A.320 for purposes
				of the traditional UGB method).
(2) The method for UGB evaluation and
			 amendment described in OAR chapter 660, division 24 (the traditional UGB
			 method) is not modified by this division. Cities may choose to apply the
			 methods described in this division instead of division 24 in order to evaluate
			 or amend a UGB, as described in OAR 660-038-0020.
(3) The methods described in this division
			 are intended to achieve the following objectives provided in ORS 197A.302:
(a) Become, as a result of reduced costs,
			 complexity and time, the methods that are used by most cities with growing
			 populations to manage their urban growth boundaries;
(b) Encourage, to the extent practicable
			 given market conditions, the development of urban areas in which individuals
			 desire to live and work and that are increasingly efficient in terms of land
			 uses and in terms of public facilities and services;
(c) Encourage the conservation of important
			 farm and forest lands, particularly lands that are needed to sustain
			 agricultural and forest products industries;
(d) Encourage cities to increase the
			 development capacity within their urban growth boundaries;
(e) Encourage the provision of an adequate
			 supply of serviceable land that is planned for needed urban residential and
			 industrial development; and
(f)
			 Assist residents in understanding the major local government decisions that are
			 likely to determine the form of a city's growth.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in ORS 197.015, the statewide planning goals,
				and the following definitions apply to this division:
(1) "Buildable lands" means land in urban or
			 urbanizable areas that are suitable for urban uses, as provided in ORS
			 197A.300(1). Note: This definition applies to this division only; a different
			 definition of "buildable lands" is provided in laws and rules concerning needed
			 housing (ORS 197.295; OAR 660-007-0005  and 660-008-0005  and OAR 660-024-0010).
(2) "Commercial" and "commercial
			 use" mean office, retail, institutional and public employment land uses
			 described by the North American Industry Classification System (NAICS)
			 Categories 44, 45, 51, 52, 53, 54, 55, 56, 61, 62, 71, 72, 81, 92, and 99.
			 These are land uses that generally do not require significant space for indoor
			 or outdoor production or logistics.
(3) "Industrial" and "industrial use" mean
			 employment activities including, but not limited to, manufacturing, assembly,
			 fabrication, processing, storage, logistics, warehousing, importation,
			 distribution and transshipment, and research and development, that generate
			 income from the production, handling or distribution of goods or services,
			 including goods or services in the traded sector, as defined in ORS 285A.010.
			 "Industrial use" means NAICS Categories 11, 21, 22, 23, 31, 32, 33, 42, 48, and
			 49. These are land uses that generally require significant space for indoor or
			 outdoor production or logistics.
(4) "Initiate" means that the local
			 government issues a public notice specified in OAR 660-018-0020, including a
			 notice to the Department of Land Conservation and Development, for a proposed
			 plan amendment that concerns evaluating or amending a UGB.
(5) "Nonresource land" has the meaning
			 specified in OAR 660-004-0005(3).
(6) "Range" means a range of numbers
			 specified in rules in this division (see ORS 197A.325(2)(a)). A city may choose
			 to use the number at either end of a stated range or any number between. Ranges
			 allow a city to make choices regarding its future growth.
(7) "Serviceable" means, with respect to land
			 supply in a UGB, and as described in OAR 660-038-0200, that:
(a) Adequate sewer, water and transportation
			 capacity for planned urban development is available or can be either provided
			 or made subject to committed financing; or
(b) Committed financing can be in place to
			 provide adequate sewer, water and transportation capacity for planned urban
			 development.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0020 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 takes effect January 1, 2016. Rules in this division provide optional
			 simplified methods for a city outside Metro to evaluate or amend its UGB. These
			 methods are available to cities in addition to and not in lieu of the methods
			 provided in OAR chapter 660, division 24. If a city uses this division to
			 evaluate or amend a UGB, the requirements of division 24 do not apply to the
			 UGB evaluation or amendment.
(2) A
			 city that evaluates or amends its UGB using this division must demonstrate
			 that:
(a) It has sufficient buildable lands
			 and other development capacity, including land and capacity for needed housing
			 and employment opportunities, within its UGB to meet the growth in population
			 and employment that is forecast to occur over a 14-year period,
(b) It based its determination of the amount
			 of buildable lands needed for housing, employment and other urban uses on the
			 population and employment growth forecast to occur over a 14-year period,
			 consistent with rules in this division, and
(c) Lands included within the UGB include
			 sufficient serviceable land for at least a seven-year period and can all be
			 serviceable over a 14-year period as provided in OAR 660-038-0200.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0030 - Residential Land Need

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 660-038-0030  through 660-038-0080  provides steps that a
				city must take to determine residential 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 it will need for housing based on
			 the population forecast for the 14-year period commencing on the date it
			 initiates and consistent with OAR 660-038-0040  through OAR 660-038-0090, and
(b) Must provide within its UGB
			 sufficient buildable lands and other development capacity, for needed housing
			 to accommodate the growth in population forecast to occur over a 14-year
			 period.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0040 - Determine the Mix of Dwelling Units Needed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A city must determine the current mix of
			 housing types within the city based on the percentages of low density, medium
			 density, and high density residential dwellings using:
(a) For cities with UGB population less than
			 2,500, the percentages determined in the most recent five-year American
			 Community Survey conducted by the United States Census;
(b) For cities with UGB population greater
			 than or equal to 2,500, using either the percentages determined in:
(A) The most recent American Community Survey
			 conducted by the United States Census, or
(B) An average of the two most recent
			 American Community Surveys conducted by the United States Census.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0050 - Determine Amount of Land Needed for Each Housing Type

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Table referenced is not included in rule text.
Click here for PDF of
				  table
.
Stat. Auth.: ORS 197.040, 197A.305, 197A.320 &
				  197.235
Stats. Implemented: ORS 197A.300, 197A.302, 197A.305,
				  197A.310, 197A.312, 197A.315, 197A.320 &
				  197A.325
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0070 - Adjust Residential Lands Inventory to Account for Constrained Lands

Current through Register Vol. 63, No. 7, July 1, 2024
A city must adjust the inventory of residential lands prepared
				under OAR 660-038-0060  to account for constrained lands using this rule.
(1) The city must identify the
			 following physical constraints on land inventoried as vacant or partially
			 vacant under OAR 660-038-0060:
(a) Floodways
			 and water bodies. For the purpose of this subsection, "water bodies" includes;
(A) Rivers; and
(B) Lakes, ponds, sloughs, and coastal waters
			 at least one-half acre in size.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0080 - Compare Residential Land Need to Land Supply

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0090 - Employment Land Need

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0100 - Forecast Employment Growth Based on Population Growth

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0110 - Forecast Employment Growth Based on Oregon Employment Department Forecast

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0130 - Adjust Employment Buildable Land Inventory to Account for Constrained Lands

Current through Register Vol. 63, No. 7, July 1, 2024
A city must adjust the employment buildable lands inventory
				determined under OAR 660-038-0120  to account for constrained lands using this
				rule.
(1) The city must identify the
			 following physical constraints on employment land inventoried under OAR
			 660-038-0120:
(a) Floodways and water bodies.
			 For the purpose of this subsection, "water bodies" includes:
(A) Rivers; and
(B) Lakes, ponds, sloughs, and coastal waters
			 at least one-half acre in size;
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0140 - Translate Job Forecast to Employment Land Need

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Determine the current density (jobs per
			 acre) of developed commercial land, as follows:
(a) Based on the determination from OAR
			 660-038-0120, for all lots and parcels zoned for commercial uses, identify the
			 area (acreage) of "developed" lots and parcels, and the developed portion
			 (acreage) of "partially vacant" lots and parcels. The sum of these equals the
			 total area of "developed commercial land" for purposes of this rule.
(b) Determine current number of commercial
			 jobs in the UGB from Table 3.
(c)
			 Subtract 20 percent from (b) to account for current commercial jobs that occur
			 on land not zoned commercial or industrial.
(d) Divide the number of jobs determined in
			 subsection (c) by the amount of developed commercial land determined in
			 subsection (a). The result is the current density of commercial uses (jobs per
			 acre) on commercial land in the UGB.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0150 - Determine if UGB Expansion is Necessary to Accommodate Employment Needs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To determine
			 whether to expand the UGB, a city using the method in this division must
			 compare the amount of land needed for new commercial and industrial development
			 determined under OAR 660-038-0140  with the amount of vacant or partially vacant
			 buildable employment land designated for commercial and industrial development
			 as determined in the employment BLI as per OAR 660-038-0130.
(2) If the amount of buildable commercial
			 land in the UGB is greater than the amount of land needed for new commercial
			 development, and the amount of buildable industrial land is greater than the
			 amount of land needed for new industrial development, then no UGB expansion for
			 employment land need is allowed.
(3) If the amount of buildable employment
			 land in the UGB is less than the amount of land needed for either commercial or
			 industrial development, then the UGB may be expanded to provide the amount of
			 land needed, provided that:
(a) If the amount
			 of buildable industrial land is less than the amount of land needed for
			 industrial development, but is greater than the amount of land needed for
			 commercial development, then the city must determine whether the industrial
			 land need can be reasonably accommodated by redesignating the surplus of
			 buildable commercial land within the UGB, except as provided in section (4) of
			 this rule.
(b) If the amount of
			 buildable commercial land is less than the amount of land needed for commercial
			 development, but is greater than the amount of land needed for new industrial
			 development, then the city must determine if the commercial land need can be
			 reasonably accommodated by redesignating the surplus of industrial land within
			 the UGB, except as provided in section (4) of this rule.
(c) A city must also determine whether
			 surplus residential land as determined in OAR 660-038-0080, 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 an
			 employment land deficit, except as provided in OAR 660-038-0080(5).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0160 - Establishment of Study Area to Evaluate Land for Inclusion in the UGB

Current through Register Vol. 63, No. 7, July 1, 2024
Cities shall comply with this rule and OAR 660-038-0170  when
				determining which lands to include within the UGB in response to a deficit of
				land to meet long-term needs determined under OAR 660-038-0080, 660-038-0150,
				or both.
(1) The city shall determine
			 which land to add to the UGB by evaluating alternative locations within a
			 "study area" established pursuant to this rule. To establish the study area,
			 the city must first identify a "preliminary study area" which shall not include
			 land within a different UGB or the corporate limits of a city within a
			 different UGB. The preliminary study area shall include:
(a) All lands in the city's acknowledged
			 urban reserve, if any;
(b) All
			 lands that are within the following distance from the acknowledged UGB, except
			 as provided in subsection (d):
(A) For cities
			 with a UGB population less than 10,000: one-half mile;
(B) For cities with a UGB population equal to
			 or greater than 10,000: one mile;
(c) All exception areas contiguous to an
			 exception area that includes land within the distance specified in subsection
			 (b) and that are within the following distance from the acknowledged UGB:
(A) For cities with a UGB population less
			 than 10,000: one mile;
(B) For
			 cities with a UGB population equal to or greater than 10,000: one and one-half
			 miles;
(d) At the
			 discretion of the city, the preliminary study area may include land that is
			 beyond the distance specified in subsections (b) and (c).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0170 - Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A city
			 considering a UGB amendment must decide which land to add to the UGB by
			 evaluating all land in the study area determined under OAR 660-038-0160, as
			 follows:
(a) Beginning with the highest
			 priority category of land described in section (2), the city must apply section
			 (5) to determine which land in that priority category is suitable to satisfy
			 the need deficiency determined under OAR 660-038-0080  and 660-038-0150  and
			 select for inclusion in the UGB as much of the land as necessary to satisfy the
			 need.
(b) If the amount of
			 suitable land in the first priority category is not adequate to satisfy the
			 identified need deficiency, the city must apply section (5) to determine which
			 land in the next priority is suitable and select for inclusion in the UGB as
			 much of the suitable land in that priority as necessary to satisfy the need.
			 The city must proceed in this manner until all the land need is satisfied.
(c) If the amount of suitable land
			 in a particular priority category in section (2) exceeds the amount necessary
			 to satisfy the need deficiency, the city must choose which land in that
			 priority to include in the UGB by applying the criteria in section (7) of this
			 rule.
(d) In evaluating the
			 sufficiency of land to satisfy a need under this section, the city may consider
			 factors that reduce the capacity of the land to meet the need, including
			 factors identified in sections (5) and (6) of this rule.
(e) Land that is determined to not be
			 suitable under section (5) of this rule to satisfy the need deficiency
			 determined under OAR 660-038-0080  or 660-038-0150  is not required to be
			 selected for inclusion in the UGB unless its inclusion is necessary to serve
			 other higher priority lands.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0180 - Planning Requirements for Land added to a UGB

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A city must plan and zone lands included
			 within the UGB:
(a) For categories of land
			 uses in amounts that are roughly proportional to the land need determined for
			 each category of use; and
(b) For
			 an intensity of use that is generally consistent with the estimates that were
			 used to determine the amount of land needed.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0190 - Additional Planning for Residential Lands Added to the UGB

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 38 - SIMPLIFIED URBAN GROWTH BOUNDARY METHOD › Section 660-038-0200 - Serviceability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 197A.310(3) or 197A.312(3), a city that amends its UGB using this division
			 shall demonstrate that lands included within the UGB:
(a) Provide sufficient serviceable land for
			 at least a seven-year period, and
(b) Can all be serviceable over a 14-year
			 period.