Or. Admin. R. 660-038-0080

Current through Register Vol. 63, No. 8, August 1, 2024

Section 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.

Or. Admin. R. 660-038-0080

LCDD 6-2015, f. 12-29-15, cert. ef. 1/1/2016

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