Enterprise zone designations, re-designations and boundary changes are subject to negative determinations under ORS 285C.074 and 285C.117, if needlessly redundant, in that:

1. (1) Whenever practical, would-be Sponsoring Government(s) shall consider joining together with other city, port and county cosponsors through mutual re-/designations and boundary changes, in order to:

   1. (a) Complement the standards under ORS 285C.120(2)(b) as addressed in OAR 123-650-1100(5);
   2. (b) Make the most of limited resources among agencies, especially at the local level, for administrating and marketing every enterprise zone in the pursuit of business development; and
   3. (c) More generally raise visibility and foster intercommunity collaboration around regional economic development.

2. (2) Cities shall actively explore cosponsoring an enterprise zone, as allowable by OAR 123-650-0700 to 123-650-1100, if both cities are interested in including area inside a zone, or if one already sponsors a zone and the other is so interested, and their respective urban growth boundaries (UGBs) are separated:

   1. (a) By 5 miles or less in any case; or

   2. (b) In the case of a rural zone in sparsely populated counties:

      1. (A) By 15 miles or less; or
      2. (B) By more than 15 miles for any city with a population of 2,000 or less, based on the most recent decennial U.S. Census count, whenever the waiver consistent with OAR 123-650-1100(4) is feasible and appropriate.
3. (3) The obligation in section (2) of this rule extends equivalently to ports or counties that are cosponsors or would-be Sponsoring Governments, including but not limited to areas outside of UGBs being brought into an enterprise zone that is (also) sponsored by one or more cities.

4. (4) Specifically for purposes of ORS 285C.066(2), only one enterprise zone may:

   1. (a) Exist at any one time inside the UGB of any city, whether or not it sponsors the zone, except that based on the most recent decennial U.S. Census count:

      1. (A) Two zones are allowed if the city’s population is 100,000 or more.
      2. (B) Three zones are allowed if the city’s population is 500,000 or more.

   2. (b) Be designated per county for a zone containing solely unincorporated territory, as sponsored by the county or a port in that county but not by any city. The Department may still allow an exception to this subsection if finding that the second or third such zone in the county:

      1. (A) Is located in a rather distant and different part of that county;
      2. (B) Comprises near areas in another county; or
      3. (C) Would serve one or more exigent business development opportunities, and that distances within the county or other factors render other options impractical or counterproductive.

Statutory/Other Authority

ORS 285A.075, 285C.060(1), 285C.066 & 285C.120(2)(b)

Statutes/Other Implemented

ORS 285C.060, 285C.066 & 285C.120

History

OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024
OBDD 12-2020, amend filed 08/12/2020, effective 08/12/2020
OBDD 15-2015, f. & cert. ef. 11-12-15