Urban Reserves

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_660/660_021.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT









 

DIVISION 21
URBAN RESERVES

660-021-0000
Purpose
This division interprets and
implements ORS 195.137 through 195.145 and statewide planning goals pertaining to
Urbanization. Rules in this division authorize planning for areas outside urban
growth boundaries to be reserved for eventual inclusion in an urban growth boundary
and to be protected from patterns of development that would impede urbanization.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.137-195.145

Hist.: LCDC 2-1992, f. &
cert. ef. 4-29-92; LCDD 4-2000, f. & cert. ef. 3-22-00; LCDD 7-2011, f &
cert. ef. 10-20-11
660-021-0010
Definitions
For purposes of this division,
the definitions contained in ORS 197.015 and the statewide planning goals (OAR chapter
660, division 15) apply. In addition, the following definitions apply:
(1) "Urban Reserve" means lands
outside of an urban growth boundary that will provide for:
(a) Future expansion over a
long-term period; and
(b) The cost-effective provision
of public facilities and services within the area when the lands are included within
the urban growth boundary.
(2) "Resource Land" means land
subject to the statewide planning goals listed in OAR 660-004-0010(1)(a) through
(g), except subsections (c) and (d).
(3) "Nonresource Land" means
land not subject to one or more of the statewide planning goals listed in OAR 660-004-0010(1)(a)
through (g) except subsections (c) and (d). Nothing in this definition is meant
to imply that other goals do not apply to nonresource land.
(4) "Exception Areas" means
rural lands for which an exception to statewide planning goals 3 or 4, or both,
as defined in ORS 197.732 and OAR 660-004-0005(1), has been acknowledged.
(5) "Developable Land" means
land that is not severely constrained by natural hazards or designated or zoned
to protect natural resources and that is either entirely vacant or has a portion
of its area unoccupied by structures or roads.
(6) "Adjacent Land" means abutting
land.
(7) "Nearby Land" means land
that lies wholly or partially within a quarter mile of an urban growth boundary.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.145

Hist.: LCDC 2-1992, f. &
cert. ef. 4-29-92; LCDD 4-2000, f. & cert. ef. 3-22-00; LCDD 1-2008, f. &
cert. ef. 2-13-08; LCDD 7-2011, f & cert. ef. 10-20-11
660-021-0020
Authority to Establish Urban Reserve
(1) Cities and counties cooperatively,
and the Metropolitan Service District for the Portland Metropolitan area urban growth
boundary, may designate urban reserves under the requirements of this division,
in coordination with special districts listed in OAR 660-021-0050(2) and other affected
local governments, including neighboring cities within two miles of the urban growth
boundary. Where urban reserves are adopted or amended, they shall be shown on all
applicable comprehensive plan and zoning maps, and plan policies and land use regulations
shall be adopted to guide the management of these reserves in accordance with the
requirements of this division.
(2) As an alternative to designation
of urban reserves under the requirements of this division, Metro may designate urban
reserves for the Portland Metropolitan area urban growth boundary under OAR chapter
660, division 27.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.145

Hist.: LCDC 2-1992, f. &
cert. ef. 4-29-92; LCDD 4-2000, f. & cert. ef. 3-22-00; LCDD 1-2008, f. &
cert. ef. 2-13-08; LCDD 7-2011, f & cert. ef. 10-20-11
660-021-0030
Determination of Urban
Reserve
(1) Urban reserves shall include
an amount of land estimated to be at least a 10-year supply and no more than a 30-year
supply of developable land beyond the 20-year time frame used to establish the urban
growth boundary. Local governments designating urban reserves shall adopt findings
specifying the particular number of years over which designated urban reserves are
intended to provide a supply of land.
(2) Inclusion of land within
an urban reserve shall be based upon the locational factors of Goal 14 and a demonstration
that there are no reasonable alternatives that will require less, or have less effect
upon, resource land. Cities and counties cooperatively, and the Metropolitan Service
District for the Portland Metropolitan Area Urban Growth Boundary, shall first study
lands adjacent to, or nearby, the urban growth boundary for suitability for inclusion
within urban reserves, as measured by the factors and criteria set forth in this
section. Local governments shall then designate, for inclusion within urban reserves,
that suitable land which satisfies the priorities in section (3) of this rule.
(3) Land found suitable for
an urban reserve may be included within an urban reserve only according to the following
priorities:
(a) First priority goes to land
adjacent to, or nearby, an urban growth boundary and identified in an acknowledged
comprehensive plan as an exception area or nonresource land. First priority may
include resource land that is completely surrounded by exception areas unless these
are high value crop areas as defined in Goal 8 or prime or unique agricultural lands
as defined by the United States Department of Agriculture;
(b) If land of higher priority
is inadequate to accommodate the amount of land estimated in section (1) of this
rule, second priority goes to land
designated as marginal land pursuant to former ORS 197.247 (1991 edition);
(c) If land of higher priority is inadequate
to accommodate the amount of land estimated in section (1) of this rule, third priority
goes to land designated in an acknowledged comprehensive plan for agriculture or
forestry, or both. Higher priority shall be given to land of lower capability as
measured by the capability classification system or by cubic foot site class, whichever
is appropriate for the current use.
(4) Land of lower priority under
section (3) of this rule may be included if land of higher priority is found to
be inadequate to accommodate the amount of land estimated in section (1) of this
rule for one or more of the following reasons:
(a) Future urban services could
not reasonably be provided to the higher priority area due to topographical or other
physical constraints; or
(b) Maximum efficiency of land
uses within a proposed urban reserve requires inclusion of lower priority lands
in order to include or to provide services to higher priority lands.
(5) Findings and conclusions
concerning the results of the consideration required by this rule shall be adopted
by the affected jurisdictions.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.145

Hist.: LCDC 2-1992, f. &
cert. ef. 4-29-92; LCDC 7-1996, f. & cert. ef. 12-31-96; LCDD 4-2000, f. &
cert. ef. 3-22-00; LCDD 1-2008, f. & cert. ef. 2-13-08; LCDD 7-2011, f &
cert. ef. 10-20-11
660-021-0040
Urban Reserve Area Planning and Zoning
(1) Until included in the urban
growth boundary, lands in urban reserves shall continue to be planned and zoned
for rural uses in accordance with the requirements of this rule and the applicable
statutes and goals, but in a manner that ensures a range of opportunities for the
orderly, economic and efficient provision of urban services when these lands are
included in the urban growth boundary.
(2) Urban reserve land use regulations
shall ensure that development and land divisions in exception areas and nonresource
lands will not hinder the efficient transition to urban land uses and the orderly
and efficient provision of urban services. These measures shall be adopted by the
time the urban reserves are designated, or in the case of those local governments
with planning and zoning responsibility for lands in the vicinity of the Portland
Metropolitan Area Urban Growth Boundary, by the time such local governments amend
their comprehensive plan and zoning maps to implement urban reserve designations
made by the Portland Metropolitan Service District. The measures may include:
(a) Prohibition on the creation
of new parcels less than ten acres;
(b) Requirements for clustering
as a condition of approval of new parcels;
(c) Requirements for preplatting
of future lots or parcels;
(d) Requirements for written
waivers of remonstrance against annexation to a provider of sewer, water or streets;
and
(e) Regulation of the siting
of new development on existing lots for the purpose of ensuring the potential for
future urban development and public facilities.
(3) For exception areas and
nonresource land in urban reserves, land use regulations shall prohibit zone amendments
allowing more intensive uses, including higher residential density, than permitted
by acknowledged zoning in effect as of the date of establishment of the urban reserves.
Such regulations shall remain in effect until such time as the land is included
in the urban growth boundary.
(4) Resource land that is included
in urban reserves shall continue to be planned and zoned under the requirements
of applicable statewide planning goals.
(5) Urban reserve agreements
consistent with applicable comprehensive plans and meeting the requirements of OAR
660-021-0050 shall be adopted for urban reserves.
(6) Cities and counties are
authorized to plan for the eventual provision of urban public facilities and services
to urban reserves. However, this division is not intended to authorize urban levels
of development or services in urban reserves prior to their inclusion in the urban
growth boundary. This division is not intended to prevent any planning for, installation
of, or connection to public facilities or services in urban reserves consistent
with the statewide planning goals and with acknowledged comprehensive plans and
land use regulations in effect on the applicable date of this division.
(7) A local government shall
not prohibit the siting of a single family dwelling on a legal parcel pursuant to
urban reserve planning requirements if the single family dwelling would otherwise
have been allowed under law existing prior to the designation of the parcel as part
of an urban reserve.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.145

Hist.: LCDC 2-1992, f. &
cert. ef. 4-29-92; LCDC 5-1994, f. & cert. ef. 4-20-94; LCDD 2-1997(Temp), f.
& cert. ef. 5-21-97; LCDD 3-1997, f. & cert. ef. 8-1-97; LCDD 4-2000, f.
& cert. ef. 3-22-00; LCDD 1-2008, f. & cert. ef. 2-13-08; LCDD 7-2011, f
& cert. ef. 10-20-11
660-021-0050
Urban Reserve Agreements
Urban reserve planning shall
include the adoption and maintenance of urban reserve agreements among cities, counties
and special districts serving or projected to serve the designated urban reserves.
These agreements shall be adopted by each applicable jurisdiction at or prior to
the time of reserve designation and shall contain:
(1) Designation of the local
government responsible for building code administration and land use regulation
in the urban reserves, both at the time of reserve designation and upon inclusion
of these reserves within the urban growth boundary.
(2) Designation of the local
government or special district responsible for the following services: sewer, water,
fire protection, parks, transportation and storm water. The agreement shall include
maps indicating areas and levels of current rural service responsibility and areas
projected for future urban service responsibility when included in the urban growth
boundary.
(3) Terms and conditions under
which service responsibility will be transferred or expanded for areas where the
provider of the service is expected to change over time.
(4) Procedures for notification
and review of land use actions to ensure involvement by all affected local governments
and special districts.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.145

Hist.: LCDC 2-1992, f. &
cert. ef. 4-29-92; LCDD 4-2000, f. & cert. ef. 3-22-00; LCDD 1-2008, f. &
cert. ef. 2-13-08; LCDD 7-2011, f & cert. ef. 10-20-11
660-021-0060
Urban Growth Boundary Expansion
All lands within urban reserves established pursuant to this division shall be included within an urban growth boundary before inclusion of other lands, except where an identified need for a particular type of land cannot be met by lands within an established urban reserve.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.145

Hist.: LCDC 2-1992, f. & cert. ef. 4-29-92; LCDD 4-2000, f. & cert. ef. 3-22-00; LCDD 1-2008, f. & cert. ef. 2-13-08
660-021-0070
Adoption and Review of Urban Reserve
(1) Designation and amendment
of urban reserves shall follow the applicable procedures of ORS 197.610 through
197.650.
(2) Disputes between jurisdictions
regarding urban reserve boundaries, planning and regulation, or urban reserve agreements
may be mediated by the department or commission upon request by an affected local
government or special district.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.145

Hist.: LCDC 2-1992, f. &
cert. ef. 4-29-92; LCDD 2-1997(Temp), f. & cert. ef. 5-21-97; LCDD 3-1997, f.
& cert. ef. 8-1-97; LCDD 4-2000, f. & cert. ef. 3-22-00; LCDD 1-2008, f.
& cert. ef. 2-13-08; LCDD 7-2011, f & cert. ef. 10-20-11
660-021-0080
Applicability
The provisions of this division, and amendments
to rules in this division, are effective upon filing with the Secretary of State.
Stat. Auth.: ORS 183, 197.040

Stats. Implemented: ORS 195.145

Hist.: LCDC 2-1992, f. &
cert. ef. 4-29-92; LCDC 5-1994, f. & cert. ef. 4-20-94; LCDD 2-1997(Temp), f.
& cert. ef. 5-21-97; LCDD 3-1997, f. & cert. ef. 8-1-97; LCDD 4-1997, f.
& cert. ef. 12-23-97; LCDD 4-2000, f. & cert. ef. 3-22-00; LCDD 1-2008,
f. & cert. ef. 2-13-08; LCDD 7-2011, f & cert. ef. 10-20-11

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