1. (1) When evaluating or amending a UGB, a local government must inventory land inside the UGB to determine whether there is adequate development capacity to accommodate 20-year needs determined in OAR 660-024-0040. For residential land, the buildable land inventory must include vacant, partially vacant, and redevelopable land, and be conducted in accordance with OAR 660-008-0100, and ORS 197A.270 or 197A.350 for local governments subject to those statutes. For employment land, the inventory must include: suitable land, vacant land and developed land, as defined in OAR 660-009-0005, designated for industrial or other employment use, and must be conducted in accordance with OAR 660-009-0015.

2. (2) As safe harbors, when inventorying land to accommodate industrial and other employment needs, a local government may assume that a lot or parcel is vacant if it is:

   1. (a) Equal to or larger than one-half acre, if the lot or parcel does not contain a permanent building; or
   2. (b) Equal to or larger than five acres, if less than one-half acre of the lot or parcel is occupied by a permanent building.
3. (3) If the inventory demonstrates that the development capacity of land inside the UGB is inadequate to accommodate the estimated 20-year needs determined under OAR 660-024-0040, the local government must amend the plan to satisfy the need deficiency, either by increasing the development capacity of land already inside the city, or by expanding the UGB, or both, and in accordance with ORS 197A.270, 197A.350 where applicable, and OAR 660-008-0150. Prior to expanding the UGB, a local government must demonstrate that the estimated needs cannot reasonably be accommodated on land already inside the UGB. If the local government determines there is a need to expand the UGB, changes to the UGB must be determined by evaluating alternative boundary locations consistent with Goal 14 and applicable rules at OAR 660-024-0060 or 660-024-0065 and 660-024-0067.
4. (4) In evaluating an amendment of a UGB submitted under ORS 197.626, the director or the commission may determine that a difference between the estimated 20-year needs determined under OAR 660-024-0040 and the amount of land and development capacity added to the UGB by the submitted amendment is unlikely to significantly affect land supply or resource land protection, and as a result, may determine that the proposed amendment complies with section (3) of this rule.
5. (5) When land is added to the UGB, the local government must assign appropriate urban comprehensive plan map designations to the added land, consistent with the need determination and the requirements of section (6) and (7) of this rule, if applicable. The local government must also apply appropriate zoning to the added land consistent with the plan designation or may maintain the land as urbanizable land until the land is rezoned for the planned urban uses, either by retaining the zoning that was assigned prior to inclusion in the boundary or by applying other interim zoning that maintains the land's potential for planned urban development. The requirements of ORS 197A.350 regarding planning and zoning also apply when local governments specified in that statute add land to the UGB.
6. (6) Lands included within a UGB pursuant to OAR 660-024-0065(2) to provide for a particular industrial use, or a particular public facility, must be planned and zoned for the intended use and must remain planned and zoned for that use unless the city removes the land from the UGB.
7. (7) Lands included within a UGB to provide for a residential use must be planned and designated on the comprehensive plan map for a variety of housing types and densities determined necessary to comply with OAR chapter 660, division 8.

8. (8) As a safe harbor, regarding requirements concerning “efficiency,” a local government that chooses to use the land use efficiency safe harbor in OAR 660-008-0150(1)(b) is deemed to have met the Goal 14 efficiency requirements under:

   1. (a) Sections (1) and (3) of this rule regarding evaluation of the development capacity of residential land inside the UGB to accommodate the estimated 20-year needs; and

   2. (b) Goal 14 regarding a demonstration that residential needs cannot be reasonably accommodated on residential land already inside the UGB, but not with respect to:

      1. (A) A demonstration that residential needs cannot be reasonably accommodated by rezoning non-residential land, and
      2. (B) Compliance with Goal 14 Boundary Location factors.

Statutory/Other Authority

ORS 197.040, ORS 197A.305, ORS 197.235, Statewide Planning Goal 14 & ORS 197A.285

Statutes/Other Implemented

ORS 195.036, ORS 197.015, ORS 197.610 – 197.650, ORS 197A.300 - 197A.325, ORS 197.478, ORS 197A.015, ORS 197A.020, ORS 197A.200, ORS 197A.215, ORS 197A.278, ORS 197A.348 - 197A.355, ORS 197A.362, ORS 197A.370 - 197A.400, ORS 197A.425, ORS 197A.445, ORS 197A.465 & ORS 197A.470

History

LCDD 8-2025, amend filed 12/23/2025, effective 01/01/2026
LCDD 6-2015, f. 12-29-15, cert. ef. 1-1-16
LCDD 2-2009, f. 4-8-09, cert. ef. 4-16-09
LCDD 8-2006, f. 10-19-06, cert. ef. 4-5-07