Oregon Administrative Code

660-037-0040 Definitions For purposes of division 037, the definitions contained in ORS 197.015 and the Statewide Planning Goals (OAR chapter 660, division 015) apply. In addition, the following definitions apply: (1) “Designated water-dependent shoreland site” means an estuarine…

660-037-0050 Minimum Water-Dependent Shoreland Protection Acreage (1) Estuarine cities and counties shall protect for water-dependent industrial, commercial, and recreational uses a minimum amount of shorelands suitable for water-dependent uses. (2) Estuarine cities and counties …

660-037-0060 Designate Water-Dependent Shorelands (1) Estuarine city and county comprehensive plans shall designate as water-dependent shorelands a sufficient total acreage that is equal to or greater than the minimum water-dependent shorelands acreage calculated by OAR 660-037-0…

660-037-0070 Water-Dependent Shoreland Locational and Suitability Criteria (1) A proposal to designate lands as water-dependent shorelands in accordance with OAR 660-037-0060 above shall meet all of the following minimum locational and suitability criteria: (a) The proposed shore…

660-037-0080 Methods of Protection (1) Local governments shall adopt appropriate land use regulations that protect for water-dependent recreational, commercial, and industrial uses the shorelands designated in OAR 660-037-0060 above. (2) A designated water-dependent shoreland is …

660-037-0090 Rezoning of Qualifying Shorelands to Nonwater-Dependent Uses (1) Any amendment to an acknowledged comprehensive plan or land use regulation under this rule must comply with all applicable Statewide Planning Goals. For purposes of this division, such applicable Goals …

660-038-0000 Purpose (1) The purpose of this division is to implement ORS 197A.300 to 197A.325 by providing simplified methods to evaluate and amend an urban growth boundary (UGB) for a city outside Metro. (Note: ORS 197A.320 regarding the establishment of study areas and the pri…

660-038-0010 Definitions The definitions in ORS 197.015, the statewide planning goals, and the following definitions apply to this division: (1) “Buildable lands” means land in urban or urbanizable areas that are suitable for urban uses, as provided in ORS 197A.300(1). Note: This…

660-038-0020 Applicability (1) This division takes effect January 1, 2016. Rules in this division provide optional simplified methods for a city outside Metro to evaluate or amend its UGB. These methods are available to cities in addition to and not in lieu of the methods provide…

660-038-0030 Residential Land Need OAR 660-038-0030 through 660-038-0080 provides steps that a city must take to determine residential land need over the 14-year planning period. (1) A city that applies the UGB method in this division: (a) Must forecast the amount of buildable la…

660-038-0040 Determine the Mix of Dwelling Units Needed (1) A city must determine the current mix of housing types within the city based on the percentages of low density, medium density, and high density residential dwellings using: (a) For cities with UGB population less than 2…

660-038-0050 Determine Amount of Land Needed for Each Housing Type A city must: (1) Determine the land needed for each category of residential development over the 14-year period by dividing the number of needed units determined in OAR 660-038-0040 by the projected number of net …

660-038-0060 Buildable Lands Inventory (BLI) for Residential Land within the UGB A city must determine the supply and development capacity of lands within its UGB by conducting a buildable lands inventory (BLI) as provided in this rule. (1) For purposes of the BLI, the city shall…

660-038-0070 Adjust Residential Lands Inventory to Account for Constrained Lands A city must adjust the inventory of residential lands prepared under OAR 660-038-0060 to account for constrained lands using this rule. (1) The city must identify the following physical constraints o…

660-038-0080 Compare Residential Land Need to Land Supply (1) To determine whether to expand the UGB, a city must compare the amount of land needed for each category of residential development, as determined in OAR 660-038-0050, with the amount of buildable land available for eac…

660-038-0090 Employment Land Need OAR 660-038-0090 to 660-038-0150 provides steps that a city must follow to determine employment land need over the 14-year planning period. (1) A city that applies the UGB method in this division: (a) Must forecast the amount of buildable lands t…

660-038-0100 Forecast Employment Growth Based on Population Growth To forecast 14-year employment growth based on the PSU long term forecast of population growth, a city must: (1) Determine the forecast population of the city’s UGB for the 14-year period from the year in which th…

660-038-0110 Forecast Employment Growth Based on Oregon Employment Department Forecast As an alternative to the method provided in OAR 660-038-0100, to forecast 14-year employment growth based on the most recent long-term job forecast issued by the Oregon Employment Department (O…

660-038-0120 Inventory of Buildable Employment Land within the UGB A city must determine the supply and development capacity of employment lands within its UGB at the time of initiation by conducting a buildable lands inventory (BLI) for employment land as provided in this rule a…

660-038-0130 Adjust Employment Buildable Land Inventory to Account for Constrained Lands A city must adjust the employment buildable lands inventory determined under OAR 660-038-0120 to account for constrained lands using this rule. (1) The city must identify the following physic…

660-038-0140 Translate Job Forecast to Employment Land Need (1) Determine the current density (jobs per acre) of developed commercial land, as follows: (a) Based on the determination from OAR 660-038-0120, for all lots and parcels zoned for commercial uses, identify the area (acr…

660-038-0150 Determine if UGB Expansion is Necessary to Accommodate Employment Needs (1) To determine whether to expand the UGB, a city using the method in this division must compare the amount of land needed for new commercial and industrial development determined under OAR 660-…

660-038-0160 Establishment of Study Area to Evaluate Land for Inclusion in the UGB Cities shall comply with this rule and OAR 660-038-0170 when determining which lands to include within the UGB in response to a deficit of land to meet long-term needs determined under OAR 660-038-…

660-038-0170 Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities (1) A city considering a UGB amendment must decide which land to add to the UGB by evaluating all land in the study area determined under OAR 660-038-0160, as follows: (a) Beginning with the hi…

660-038-0180 Planning Requirements for Land added to a UGB (1) A city must plan and zone lands included within the UGB: (a) For categories of land uses in amounts that are roughly proportional to the land need determined for each category of use; and (b) For an intensity of use t…

660-038-0190 Additional Planning for Residential Lands Added to the UGB Cities that use the method in this division to provide land for needed housing must plan for residential lands added to the UGB as provided in this rule, in addition to the requirements in OAR 660-038-0180. (…

660-038-0200 Serviceability (1) Pursuant to ORS 197A.310(3) or 197A.312(3), a city that amends its UGB using this division shall demonstrate that lands included within the UGB: (a) Provide sufficient serviceable land for at least a seven-year period, and (b) Can all be serviceabl…

660-038-0210 Plan Changes Following a Simplified Urban Growth Boundary Evaluation (1) For the purposes of this rule, the following definitions apply in addition to those in OAR 660-038-0010: (a) “Complete UGB evaluation” means changes to the comprehensive plan or land use regulat…

660-039-0000 Purpose The affordable housing pilot program is intended to: (1) Encourage local governments to provide an adequate supply of land within urban growth boundaries that is dedicated to affordable housing; (2) Encourage the development of affordable housing on land dedi…

660-039-0010 Definitions The definitions in ORS 197.015, the statewide planning goals, and the following definitions apply to this division: (1) “Affordable housing” means: (a) Housing units available for rent, with or without government assistance, by households who meet applica…

660-039-0020 Preliminary Application and Final Application Requirements (1) The director shall set deadlines for qualifying cities to submit: (a) A preliminary application for a pilot project site; and (b) A final application for a pilot project site. (2) The director may revise …

660-039-0030 Compliance with Goals, Statutes, Administrative Rules (1) Regarding the pilot project site, a qualifying city submitting a pilot project nomination is exempt from compliance, and the commission is not required to select a pilot project that complies, with: (a) ORS 19…

660-039-0040 Provision of Public Facilities and Services (1) A qualifying city submitting a pilot project nomination shall demonstrate that, for sanitary sewers, domestic water, fire protection, parks or recreation, and streets and roads the pilot project site can be reasonably p…

660-039-0050 Impacts on Natural Resources and Nearby Farm and Forest Uses (1) The pilot project site shall be buffered from adjacent lands in an exclusive farm use zone, forest zone, or mixed farm and forest zone, by a minimum 100-foot-wide buffer on the pilot project site. The b…

660-039-0060 Measures to Accommodate and Encourage Needed and Affordable Housing within Existing Urban Growth Boundary (1) A qualifying city submitting a pilot project nomination must demonstrate that its acknowledged comprehensive plan, acknowledged development code, or other re…

660-039-0070 Housing Requirements (1) The following types of affordable housing are allowed on pilot project sites: (a) Attached and detached single-family housing and multiple family housing for both owner and renter occupancy; (b) Government assisted housing; (c) Manufactured d…

660-039-0080 Commission Selection (1) After the deadline for final applications established in OAR 660-039-0020(1)(b) or (2), the commission shall select two pilot projects for implementation: (a) One from a qualifying city with a population of 25,000 or less, and (b) One from a …

660-039-0090 Subsequent Events (1) Upon selection by the commission as provided in OAR 660-039-0080(4), the qualifying city shall: (a) In concert with the county in which the urban growth boundary is located, amend the urban growth boundary to include the pilot project site, and …

660-039-0100 Reporting Requirements (1) The qualifying city for a pilot project selected by the commission pursuant to OAR 660-039-0080 shall provide the following information in reports to the commission: (a) Prior to construction of the project, documentation of the land cost f…

660-039-0110 Pendleton Affordable Housing Pilot Project Program Notwithstanding any other provision of this division relating to proposed projects on high-value farmland, the City of Pendleton may propose, and the commission may approve, a project under this division that is loca…

660-040-0005 Public Records Pursuant to ORS 192.318 and 192.324, the Department: (1) May charge the following fees for certification or copying of any public records in the Department’s custody and not otherwise exempt from disclosure: (a) For each certification containing five p…

660-041-0000 Purpose and Applicability (1) The purpose of OAR 660-041-0000 to 660-041-0150 is to implement Chapter 424, Oregon Laws 2007 (2007 Oregon Ballot Measure 49), Chapter 855, Oregon Laws 2009 (2009 House Bill 3225), and Chapter 8, Oregon Laws 2010 (2010 Senate Bill 1049),…

660-041-0010 Definitions The following definitions apply to OAR 660-041-0000 to 660-041-0160: (1) "Agency" has the meaning provided by ORS 183.310. (2) "Claim" means a written demand for compensation under ORS 197.352 (2005) that was filed before December 6, 2007. (3) "Claimant" …

660-041-0020 Contents of a Measure 37 Claim Based on a DLCD Regulation (1) Unless otherwise described in section 3 of Chapter 855, Oregon Laws 2009, when a Claim was received by DAS after December 4, 2006 and was based on one or more Existing DLCD Regulations, then the Claim must…

660-041-0030 Notice of Applications and Decisions (1) Except for a building permit that is not a "land use decision" under ORS 197.015(11)(b)(B), cities, counties and Metro must provide written notice to DLCD of all applications for a Measure 37 Permit, and all final written deci…

660-041-0040 When a DLCD Measure 37 Waiver Was Required Before a Claimant could lawfully use Measure 37 Claim Property for a use under a Measure 37 Waiver, the Claimant must have obtained a DLCD Measure 37 Waiver for that use of the Measure 37 Claim Property in all cases where th…

660-041-0060 Effect of 2007 Ballot Measure 49 on DLCD Measure 37 Waivers Any authorization for a Claimant to use Measure 37 Claim Property without application of a DLCD Regulation provided by a DLCD Measure 37 Waiver expired on December 6, 2007, as did the effect of any order of …

660-041-0070 State Agency and Special District Land Use Coordination and DLCD Measure 37 Waivers After December 5, 2007, when a state agency or a special district is required to take an action in a manner that complies with the Statewide Planning Goals and that is compatible with…

660-041-0080 Supplemental Information for Supplemental Review of Measure 37 Claims under Measure 49 and Fees under Chapter 855, Oregon Laws 2009 and Chapter 8, Oregon Laws 2010 (1) If the record for the Claim does not include the information needed for DLCD to proceed with the Su…

660-041-0090 Procedures for Supplemental Review of Measure 37 Claims under Measure 49 (1) If a Claimant files an Election seeking relief under section 6 or section 7 of Measure 49 and, when applicable, Chapter 855, Oregon Laws 2009 and Chapter 8, Oregon Laws 2010, DLCD will revie…