Hearing on New Urban Growth Boundary (UGB) Rules

from the Oregon League of Cities Bulletin

The Oregon Land Conservation and Development Commission (LCDC) has scheduled a second hearing on the new urban growth boundary (UGB) rules for December 3 at 9:30 a.m. in Salem. The proposed rules create a new, optional process for UGB amendments and a new land priority structure for cities using the standard UGB process. The new process seeks a streamlined method that will allow a city to reduce the work required to support an expansion of its UGB. The new process is proscriptive in many ways, limiting flexibility for cities but creating a method that invites fewer opportunities for a city’s decisions to be appealed. The proposed rules can be reviewed here.

In addition to the new process, the LCDC is also considering rules that would change the current UGB expansion process. These changes were also part of the 2013 legislation and were intended to address the results of various court cases that complicated the process for cities when they select lands to add to a UGB.

Under the new rules, if a city opts to use the current UGB process, it must establish a study area designating the potential lands to add to the UGB. In addition, the rules propose to modify the land priority system by requiring cities to select lands that are least productive for resource-based industry and add those lands to the UGB first.

The proposed new rules are available here. There will be an additional modification to the proposed rule which will ensure that any city that provides notice to the Oregon Department of Land Conservation and Development or enters into a periodic review agreement by January 1, 2016 can opt to continue under the current Division 24 rules and priority process or use the new study area and priority system.

More Info Contact: Erin Doyle, Intergovernmental Relations Associate – edoyle@orcities.org

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