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DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
DIVISION 27
URBAN AND RURAL RESERVES IN THE PORTLAND METROPOLITAN AREA
660-027-0005
Purpose and Objective
(1) This division is intended to implement the provisions of Oregon Laws 2007, chapter 723 regarding the designation of urban reserves and rural reserves in the Portland metropolitan area. This division provides an alternative to the urban reserve designation process described in OAR chapter 660, division 21. This division establishes procedures for the designation of urban and rural reserves in the metropolitan area by agreement between and among local governments in the area and by amendments to the applicable regional framework plan and comprehensive plans. This division also prescribes criteria and factors that a county and Metro must apply when choosing lands for designation as urban or rural reserves.
(2) Urban reserves designated under this division are intended to facilitate long-term planning for urbanization in the Portland metropolitan area and to provide greater certainty to the agricultural and forest industries, to other industries and commerce, to private landowners and to public and private service providers, about the locations of future expansion of the Metro Urban Growth Boundary. Rural reserves under this division are intended to provide long-term protection for large blocks of agricultural land and forest land, and for important natural landscape features that limit urban development or define natural boundaries of urbanization. The objective of this division is a balance in the designation of urban and rural reserves that, in its entirety, best achieves livable communities, the viability and vitality of the agricultural and forest industries and protection of the important natural landscape features that define the region for its residents.
Stat. Auth.: ORS 195.141, 197.040
Stats. Implemented: ORS 195.137 - 195.145
Hist.: LCDD 1-2008, f. & cert. ef. 2-13-08
660-027-0010
Definitions
The definitions contained in ORS chapters 195 and 197 and the Statewide Planning Goals (OAR chapter 660, division 15) apply to this division, unless the context requires otherwise. In addition, the following definitions apply:
(1) "Foundation Agricultural Lands" means those lands mapped as Foundation Agricultural Lands in the January 2007 Oregon Department of Agriculture report to Metro entitled "Identification and Assessment of the Long-Term Commercial Viability of Metro Region Agricultural Lands."
(2) "Important Agricultural Lands" means those lands mapped as Important Agricultural Lands in the January 2007 Oregon Department of Agriculture report to Metro entitled "Identification and Assessment of the Long-Term Commercial Viability of Metro Region Agricultural Lands."
(3) "Intergovernmental agreement" means an agreement between Metro and a county pursuant to applicable requirements for such agreements in ORS 190.003 to 190.130, 195.025 or 197.652 to 197.658, and in accordance with the requirements in this division regarding the designation of urban and rural reserves and the performance of related land use planning and other activities pursuant to such designation.
(4) "Livable communities" means communities with development patterns, public services and infrastructure that make them safe, healthy, affordable, sustainable and attractive places to live and work.
(5) "Metro" means a metropolitan service district organized under ORS chapter 268.
(6) "Important natural landscape features" means landscape features that limit urban development or help define appropriate natural boundaries of urbanization, and that thereby provide for the long-term protection and enhancement of the region's natural resources, public health and safety, and unique sense of place. These features include, but are not limited to, plant, fish and wildlife habitat; corridors important for ecological, scenic and recreational connectivity; steep slopes, floodplains and other natural hazard lands; areas critical to the region's air and water quality; historic and cultural areas; and other landscape features that define and distinguish the region.
(7) "Public facilities and services" means sanitary sewer, water, transportation, storm water management facilities and public parks.
(8) "Regional framework plan" means the plan adopted by Metro pursuant to ORS 197.015(17).
(9) "Rural reserve" means lands outside the Metro UGB, and outside any other UGB in a county with which Metro has an agreement pursuant to this division, reserved to provide long-term protection for agriculture, forestry or important natural landscape features.
(10) "UGB" means an acknowledged urban growth boundary established under Goal 14 and as defined in ORS 195.060(2).
(11) "Urban reserve" means lands outside an urban growth boundary designated to provide for future expansion of the UGB over a long-term period and to facilitate planning for the cost-effective provision of public facilities and services when the lands are included within the urban growth boundary.
(12) "Walkable" describes a community in which land uses are mixed, built compactly, and designed to provide residents, employees and others safe and convenient pedestrian access to schools, offices, businesses, parks and recreation facilities, libraries and other places that provide goods and services used on a regular basis.
Stat. Auth.: ORS 195.141, 197.040
Stats. Implemented: ORS 195.137 - 195.145
Hist.: LCDD 1-2008, f. & cert. ef. 2-13-08
660-027-0020
Authority to Designate Urban and Rural Reserves
(1) As an alternative to the authority to designate urban reserve areas granted by OAR chapter 660, division 21, Metro may designate urban reserves through intergovernmental agreements with counties and by amendment of the regional framework plan to implement such agreements in accordance with the requirements of this division.
(2) A county may designate rural reserves through intergovernmental agreement with Metro and by amendment of its comprehensive plan to implement such agreement in accordance with the requirements of this division.
(3) A county and Metro may not enter into an intergovernmental agreement under this division to designate urban reserves in the county unless the county and Metro simultaneously enter into an agreement to designate rural reserves in the county.
Stat. Auth.: ORS 195.141, 197.040
Stats. Implemented: ORS 195.137 - 195.145
Hist.: LCDD 1-2008, f. & cert. ef. 2-13-08
660-027-0030
Urban and Rural Reserve Intergovernmental Agreements
(1) An intergovernmental agreement between Metro and a county to establish urban reserves and rural reserves under this division shall provide for a coordinated and concurrent process for Metro to adopt regional framework plan provisions, and for the county to adopt comprehensive plan and zoning provisions, to implement the agreement. The agreement shall provide for Metro and the county to concurrently designate urban reserves and rural reserves, as specified in OAR 660-027-0040.
(2) In the development of an intergovernmental agreement described in this division, Metro and a county shall follow a coordinated citizen involvement process that provides for broad public notice and opportunities for public comment regarding lands proposed for designation as urban and rural reserves under the agreement. Metro and the county shall provide the State Citizen Involvement Advisory Committee an opportunity to review and comment on the proposed citizen involvement process.
(3) An intergovernmental agreement made under this division shall be deemed a preliminary decision that is a prerequisite to the designation of reserves by amendments to Metro's regional framework plan and amendments to a county's comprehensive plan pursuant to OAR 660-027-0040. Any intergovernmental agreement made under this division shall be submitted to the Commission with amendments to the regional framework plan and county comprehensive plans as provided in OAR 660-027-0080(2) through (4).
Stat. Auth.: ORS 195.141, 197.040
Stats. Implemented: ORS 195.137 - 195.145
Hist.: LCDD 1-2008, f. & cert. ef. 2-13-08
660-027-0040
Designation of Urban and Rural Reserves
(1) Metro may not designate urban reserves under this division in a county until Metro and applicable counties have entered into an intergovernmental agreement that identifies the lands to be designated by Metro as urban reserves. A county may not designate rural reserves under this division until the county and Metro have entered into an agreement that identifies the lands to be designated by the county as rural reserves.
(2) Urban reserves designated under this division shall be planned to accommodate estimated urban population and employment growth in the Metro area for at least 20 years, and not more than 30 years, beyond the 20-year period for which Metro has demonstrated a buildable land supply inside the UGB in the most recent inventory, determination and analysis performed under ORS 197.296. Metro shall specify the particular number of years for which the urban reserves are intended to provide a supply of land, based on the estimated land supply necessary for urban population and employment growth in the Metro area for that number of years. The 20 to 30-year supply of land specified in this rule shall consist of the combined total supply provided by all lands designated for urban reserves in all counties that have executed an intergovernmental agreement with Metro in accordance with OAR 660-027-0030.
(3) If Metro designates urban reserves under this division prior to December 31, 2009, it shall plan the reserves to accommodate population and employment growth for at least 20 years, and not more than 30 years, beyond 2029. Metro shall specify the particular number of years for which the urban reserves are intended to provide a supply of land.
(4) Neither Metro nor a local government may amend a UGB to include land designated as rural reserves during the period described in section (2) or (3) of this rule, whichever is applicable.
(5) Metro shall not re-designate rural reserves as urban reserves, and a county shall not re-designate land in rural reserves to another use, except as provided in OAR 660-027-0070, during the period described in section (2) or (3) of this rule, whichever is applicable.
(6) If Metro designates urban reserves under this division it shall adopt policies to implement the reserves and must show the reserves on its regional framework plan map. A county in which urban reserves are designated shall adopt policies to implement the reserves and must show the reserves on its comprehensive plan and zone maps.
(7) If a county designates rural reserves under this division it shall adopt policies to implement the reserves and must show the reserves on its comprehensive plan and zone maps. Metro shall adopt policies to implement the rural reserves and show the reserves on its regional framework plan maps.
(8) When evaluating and designating land for urban reserves, Metro and a county shall apply the factors of OAR 660-027-0050 and shall coordinate with cities, special districts and school districts that might be expected to provide urban services to these reserves when they are added to the UGB, and with state agencies.
(9) When evaluating and designating land for rural reserves, Metro and a county shall apply the factors of OAR 660-027-0060 and shall coordinate with cities, special districts and school districts in the county, and with state agencies.
(10) Metro and any county that enters into an agreement with Metro under this division shall apply the factors in OAR 660-027-0050 and 660-027-0060 concurrently and in coordination with one another. Metro and those counties that lie partially within Metro with which Metro enters into an agreement shall adopt a single, joint set of findings of fact, statements of reasons and conclusions explaining why areas were chosen as urban or rural reserves, how these designations achieve the objective stated in OAR 660-027-0005(2), and the factual and policy basis for the estimated land supply determined under section (2) of this rule.
(11) Because the January 2007 Oregon Department of Agriculture report entitled "Identification and Assessment of the Long-Term Commercial viability of Metro Region Agricultural Lands" indicates that Foundation Agricultural Land is the most important land for the viability and vitality of the agricultural industry, if Metro designates such land as urban reserves, the findings and statement of reasons shall explain, by reference to the factors in OAR 660-027-0050 and 660-027-0060(2), why Metro chose the Foundation Agricultural Land for designation as urban reserves rather than other land considered under this division.
Stat. Auth.: ORS 195.141, 197.040.
Stats. Implemented: ORS 195.137 - 195.145
Hist.: LCDD 1-2008, f. & cert. ef. 2-13-08; LCDD 10-2010, f. & cert. ef. 10-20-10
660-027-0050
Factors for Designation of Lands as Urban Reserves
Urban Reserve Factors: When identifying and selecting lands for designation as urban reserves under this division, Metro shall base its decision on consideration of whether land proposed for designation as urban reserves, alone or in conjunction with land inside the UGB:
(1) Can be developed at urban densities in a way that makes efficient use of existing and future public and private infrastructure investments;
(2) Includes sufficient development capacity to support a healthy economy;
(3) Can be efficiently and cost-effectively served with public schools and other urban-level public facilities and services by appropriate and financially capable service providers;
(4) Can be designed to be walkable and served with a well-connected system of streets, bikeways, recreation trails and public transit by appropriate service providers;
(5) Can be designed to preserve and enhance natural ecological systems;
(6) Includes sufficient land suitable for a range of needed housing types;
(7) Can be developed in a way that preserves important natural landscape features included in urban reserves; and
(8) Can be designed to avoid or minimize adverse effects on farm and forest practices, and adverse effects on important natural landscape features, on nearby land including land designated as rural reserves.
Stat. Auth.: ORS 195.141, 197.040
Stats. Implemented: ORS 195.137 - 195.145
Hist.: LCDD 1-2008, f. & cert. ef. 2-13-08
660-027-0060
Factors for Designation of Lands as Rural Reserves
(1) When identifying and selecting lands for designation as rural reserves under this division, a county shall indicate which land was considered and designated in order to provide long-term protection to the agriculture and forest industries and which land was considered and designated to provide long-term protection of important natural landscape features, or both. Based on this choice, the county shall apply the appropriate factors in either section (2) or (3) of this rule, or both.
(2) Rural Reserve Factors: When identifying and selecting lands for designation as rural reserves intended to provide long-term protection to the agricultural industry or forest industry, or both, a county shall base its decision on consideration of whether the lands proposed for designation.
(a) Are situated in an area that is otherwise potentially subject to urbanization during the applicable period described in OAR 660-027-0040(2) or (3) as indicated by proximity to a UGB or proximity to properties with fair market values that significantly exceed agricultural values for farmland, or forestry values for forest land;
(b) Are capable of sustaining long-term agricultural operations for agricultural land, or are capable of sustaining long-term forestry operations for forest land;
(c) Have suitable soils where needed to sustain long-term agricultural or forestry operations and, for agricultural land, have available water where needed to sustain long-term agricultural operations; and
(d) Are suitable to sustain long-term agricultural or forestry operations, taking into account:
(A) for farm land, the existence of a large block of agricultural or other resource land with a concentration or cluster of farm operations, or, for forest land, the existence of a large block of forested land with a concentration or cluster of managed woodlots;
(B) The adjacent land use pattern, including its location in relation to adjacent non-farm uses or non-forest uses, and the existence of buffers between agricultural or forest operations and non-farm or non-forest uses;
(C) The agricultural or forest land use pattern, including parcelization, tenure and ownership patterns; and
(D) The sufficiency of agricultural or forestry infrastructure in the area, whichever is applicable.
(3) Rural Reserve Factors: When identifying and selecting lands for designation as rural reserves intended to protect important natural landscape features, a county must consider those areas identified in Metro's February 2007 "Natural Landscape Features Inventory" and other pertinent information, and shall base its decision on consideration of whether the lands proposed for designation:
(a) Are situated in an area that is otherwise potentially subject to urbanization during the applicable period described OAR 660-027-0040(2) or (3);
(b) Are subject to natural disasters or hazards, such as floodplains, steep slopes and areas subject to landslides;
(c) Are important fish, plant or wildlife habitat;
(d) Are necessary to protect water quality or water quantity, such as streams, wetlands and riparian areas;
(e) Provide a sense of place for the region, such as buttes, bluffs, islands and extensive wetlands;
(f) Can serve as a boundary or buffer, such as rivers, cliffs and floodplains, to reduce conflicts between urban uses and rural uses, or conflicts between urban uses and natural resource uses
(g) Provide for separation between cities; and
(h) Provide easy access to recreational opportunities in rural areas, such as rural trails and parks.
(4) Notwithstanding requirements for applying factors in OAR 660-027-0040(9) and section (2) of this rule, a county may deem that Foundation Agricultural Lands or Important Agricultural Lands within three miles of a UGB qualify for designation as rural reserves under section (2) without further explanation under OAR 660-027-0040(10).
Stat. Auth.: ORS 195.141, 197.040
Stats. Implemented: ORS 195.137 - 195.145
Hist.: LCDD 1-2008, f. & cert. ef. 2-13-08
660-027-0070
Planning of Urban and Rural Reserves
(1) Urban reserves are the highest priority
for inclusion in the urban growth boundary when Metro expands the UGB, as specified
in Goal 14, OAR chapter 660, division 24, and in ORS 197.298.
(2) In order to maintain opportunities
for orderly and efficient development of urban uses and provision of urban services
when urban reserves are added to the UGB, counties shall not amend comprehensive
plan provisions or land use regulations for urban reserves designated under this
division to allow uses that were not allowed, or smaller lots or parcels than were
allowed, at the time of designation as urban reserves until the reserves are added
to the UGB, except as specified in sections (4) through (6) of this rule.
(3) Counties that designate
rural reserves under this division shall not amend comprehensive plan provisions
or land use regulations to allow uses that were not allowed, or smaller lots or
parcels than were allowed, at the time of designation as rural reserves unless and
until the reserves are re-designated, consistent with this division, as land other
than rural reserves, except as specified in sections (4) through (6) of this rule.
(4) Notwithstanding the prohibitions
in sections (2) and (3) of these rules, counties may adopt or amend comprehensive
plan provisions or land use regulations as they apply to lands in urban reserves,
rural reserves or both, unless an exception to Goals 3, 4, 11 or 14 is required,
in order to allow:
(a) Uses that the county inventories
as significant Goal 5 resources, including programs to protect inventoried resources
as provided under OAR chapter 660, division 23, or inventoried cultural resources
as provided under OAR chapter 660, division 16;
(b) Public park uses, subject
to the adoption or amendment of a park master plan as provided in OAR chapter 660,
division 34;
(c) Roads, highways and other
transportation and public facilities and improvements, as provided in ORS 215.213
and 215.283, OAR 660-012-0065, and 660-033-0130 (agricultural land) or OAR chapter
660, division 6 (forest lands);
(d) Other uses and land divisions
that a county could have allowed under ORS 215.130(5) – (11) or as an outright
permitted use or as a conditional use under ORS 215.213 and 215.283 or Goal 4 if
the county had amended its comprehensive plan to conform to the applicable state
statute or administrative rule prior to its designation of rural reserves;
(5) Notwithstanding the prohibition
in sections (2) through (4) of this rule a county may amend its comprehensive plan
or land use regulations as they apply to land in an urban or rural reserve that
is subject to an exception to Goals 3 or 4, or both, acknowledged prior to designation
of the subject property as urban or rural reserves, in order to authorize an alteration
or expansion of uses or lot or parcel sizes allowed on the land under the exception
provided:
(a) The alteration or expansion
would comply with the requirements described in ORS 215.296, applied whether the
land is zoned for farm use, forest use, or mixed farm and forest use;
(b) The alteration or expansion
conforms to applicable requirements for exceptions and amendments to exceptions
under OAR chapter 660, division 4, and all other applicable laws;
(c) The alteration or expansion
would not expand the boundaries of the exception area unless such alteration or
expansion is necessary in response to a failing on-site wastewater disposal system;
and
(d) An alteration to allow creation
of smaller lots or parcels than was allowed on the land under the exception complies
with the requirements of OAR chapter 660, division 29.
(6) Notwithstanding the prohibitions
in sections (2) through (5) of this rule, a county may amend its comprehensive plan
or land use regulations as they apply to lands in urban reserves or rural reserves
or both in order to allow establishment of a new sewer system or the extension of
a sewer system provided the exception meets the requirements under OAR 660-011-0060(9)(a).
(7) Notwithstanding the prohibition
in sections (2) and (4) of this rule, a county may take an exception to a statewide
land use planning goal in order to allow the establishment of a transportation facility
in an area designated as urban reserve.
(8) Counties, cities and Metro
may adopt and amend conceptual plans for the eventual urbanization of urban reserves
designated under this division, including plans for eventual provision of public
facilities and services, roads, highways and other transportation facilities, and
may enter into urban service agreements among cities, counties and special districts
serving or projected to serve the designated urban reserve area.
(9) Metro shall ensure that
lands designated as urban reserves, considered alone or in conjunction with lands
already inside the UGB, are ultimately planned to be developed in a manner that
is consistent with the factors in OAR 660-027-0050.
Stat. Auth.: ORS 195.141 & 197.040
Stats. Implemented: ORS 195.137-195.145
& 195.300-195.336; 2007 OL, ch. 424
Hist.: LCDD 1-2008, f. &
cert. ef. 2-13-08; LCDD 3-2010, f. 4-29-10, cert. ef. 4-30-10; LCDD 10-2010, f.
& cert. ef. 10-20-10; LCDD 5-2012, f. & cert. ef. 2-14-12; LCDD 3-2015,
f. & cert. ef. 4-27-15
660-027-0080
Local Adoption and Commission Review of Urban and Rural Reserves
(1) Metro and county adoption or amendment of plans, policies and other implementing measures to designate urban and rural reserves shall be in accordance with the applicable procedures and requirements of ORS 197.610 to 197.650.
(2) After designation of urban and rural reserves, Metro and applicable counties shall jointly and concurrently submit their adopted or amended plans, policies and land use regulations implementing the designations to the Commission for review and action in the manner provided for periodic review under ORS 197.628 to 197.650.
(3) Metro and applicable counties shall:
(a) Transmit the intergovernmental agreements and the submittal described in section (2) in one or more suitable binders showing on the outside a title indicating the nature of the submittal and identifying the submitting jurisdictions.
(b) Prepare and include an index of the contents of the submittal. Each document comprising the submittal shall be separately indexed; and
(c) Consecutively number pages of the submittal at the bottom of the page, commencing with the first page of the submittal.
(4) The joint and concurrent submittal to the Commission shall include findings of fact and conclusions of law that demonstrate that the adopted or amended plans, policies and other implementing measures to designate urban and rural reserves comply with this division, the applicable statewide planning goals, and other applicable administrative rules. The Commission shall review the submittal for:
(a) Compliance with the applicable statewide planning goals. Under ORS 197.747 "compliance with the goals" means the submittal on the whole conforms with the purposes of the goals and any failure to meet individual goal requirements is technical or minor in nature. To determine compliance with the Goal 2 requirement for an adequate factual base, the Commission shall consider whether the submittal is supported by substantial evidence. Under ORS 183.482(8)(c), substantial evidence exists to support a finding of fact when the record, viewed as a whole, would permit a reasonable person to make that finding;
(b) Compliance with applicable administrative rules, including but not limited to the objective provided in OAR 660-027-0005(2) and the urban and rural reserve designation standards provided in OAR 660-027-0040; and
(c) Consideration of the factors in OAR 660-027-0050 or 660-027-0060, whichever are applicable.
Stat. Auth.: ORS 195.141, 197.040
Stats. Implemented: ORS 195.137 - 195.145
Hist.: LCDD 1-2008, f. & cert. ef. 2-13-08
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