1. (1) A local government may adjust the UGB at any time to better achieve the purposes of Goal 14 and this division. Such adjustment may occur by adding or removing land from the UGB, or by exchanging land inside the UGB for land outside the UGB. The requirements of section (2) of this rule apply when removing land from the UGB. The requirements of Goal 14 and this division and ORS 197A.355 apply when land is added to the UGB, including land added in exchange for land removed. The requirements of ORS 197A.350 may also apply when land is added to a UGB, as specified in that statute.

2. (2) A local government may remove land from a UGB following the procedures and requirements of ORS 197A.215. Alternatively, a local government may remove land from the UGB following the procedures and requirements of ORS 197.610 to 197.650, provided it determines:

   1. (a) The removal of land would not violate applicable statewide planning goals and rules;
   2. (b) The UGB would provide a 20-year supply of land for estimated needs after the land is removed, or would provide a substantially equivalent supply of buildable land as prior to the removal, taking into consideration land added to the UGB at the same time;
   3. (c) Public facilities agreements adopted under ORS 195.020 do not intend to provide for urban services on the subject land unless the public facilities provider agrees to removal of the land from the UGB and concurrent modification of the agreement;
   4. (d) Removal of the land does not preclude the efficient provision of urban services to any other buildable land that remains inside the UGB; and
   5. (e) The land removed from the UGB is planned and zoned for rural use consistent with all applicable laws.

3. (3) Notwithstanding sections (1) and (2) of this rule, a local government outside of Metro considering an exchange of residential land may rely on the land needs analysis that provided a basis for its current acknowledged plan, rather than adopting a new need analysis, provided:

   1. (a) The amount of land added to the UGB to meet an identified housing need is within ten percent of the amount of land removed from an urban area (as measured by acres or estimated capacity). For local governments with comprehensive plan designations in their urban areas, only residentially designated land may be exchanged to meet an identified housing need.
   2. (b) The appropriate local government applies comprehensive plan designations, and if applicable, urban zoning to the land added to the UGB, such that the land added is designated at the same or higher housing density as the land removed from the UGB.
   3. (c) The applicable local government adopts appropriate rural zoning designations for the land removed from the UGB prior to or at the time of adoption of the UGB amendment and applies applicable location and priority provisions of OAR 660-024-0060 through 660-020-0067.

4. (4) Notwithstanding sections (1) and (2) of this rule, a local government outside of Metro considering an exchange of non-residential land may rely on the land needs analysis that provided a basis for its current acknowledged plan, rather than adopting a new need analysis, provided:

   1. (a) The amount of suitable land added to the UGB to meet a nonresidential need is within ten percent of the nonresidential land removed;

   2. (b)

      1. (A) The local government must apply comprehensive plan designations and, if applicable, urban zoning to the land added to the UGB, such that the land added is designated for the same nonresidential uses as allowed on the land removed from the UGB; or
      2. (B) Land added may be designated for a different use provided the local government demonstrates that the exchange will not result in a deficit of employment land capacity;
   3. (c) If the land exchange is intended to provide for a particular industrial use that requires specific site characteristics, only land zoned for commercial or industrial use may be removed, and the land added must be zoned for the particular industrial use and meet other applicable requirements of OAR 660-009-0025(9);
   4. (d) The exchange does not create a deficit of commercial, industrial, or other employment land capacity; and
   5. (e) If the land exchange is necessary to serve a public land need, the local government must apply comprehensive plan designations and, if applicable, urban zoning to the land added to the UGB, such that the land is designated for the identified public land need.

5. (5) Notwithstanding sections (1) and (2) of this rule, when Metro considers an exchange of land, Metro may rely on the land needs analysis that provided a basis for its current acknowledged plan, rather than adopting a new need analysis, provided:

   1. (a) The amount of buildable land added to the UGB is substantially equivalent to the amount of buildable land removed;
   2. (b) Metro must include conditions of approval requiring the local government that will have jurisdiction over the area being added to the UGB to apply comprehensive plan designations and zoning that will allow for urban levels of development; and
   3. (c) Areas that Metro removes from the UGB under this section will become designated urban reserve.

Statutory/Other Authority

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

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