Or. Admin. Code § 350-040-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 350-040-0020 - Authority

(1) Consideration of requests to revise urban area boundaries is a discretionary action authorized by section 4(f) of the Act. The Act does not entitle a county, or any person or entity, to have the Commission review a request to revise any urban area boundary, and does not contain time requirements for consideration of a request. The Commission may make "minor revisions" to the boundaries of an Urban Area.

(2) Three procedural requirements are included in Section 4(f)(1) of the Scenic Area Act:

(a) Requests to revise an Urban Area boundary are submitted to the Commission by a county government;

(b) The Commission must consult the Secretary of Agriculture before revising an Urban Area boundary; and

(c) Two-thirds of the Commission members, including a majority of the members appointed from each state, must approve a revision of an Urban Area boundary. In the event of recusal, the doctrine of necessity shall apply.

(3) Section 4(f)(2) of the Scenic Area Act allows the Commission to revise the boundaries of an Urban Area only if the following criteria are satisfied:

(a) A demonstrable need exists to accommodate long-range urban population growth requirements or economic needs consistent with the Management Plan;

(b) Revision of Urban Area boundaries is consistent with the standards established in Section 6 and the purposes of the Scenic Area Act;

(c) Revision of Urban Area boundaries will result in maximum efficiency of land uses within and on the fringe of existing Urban Areas; and

(d) Revision of Urban Area boundaries will not result in the significant reduction of agricultural lands, forest lands, or open spaces.

Or. Admin. Code § 350-040-0020

CRGC 1-1992(Temp), f. & cert. ef. 2-6-92; CRGC 4-1992, f. & cert. ef. 5-8-92; CRGC 1-1999, f. & cert. ef. 10-14-99; CRGC 1-2009(Temp), f. & cert. ef. 1-14-09 thru 5-15-09; CRGC 2-2009, f. 3-17-09, cert. ef. 5-1-09; CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11

Stat. Auth.: ORS 196.150 & RCW 43.97.015

Stats. Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq.