Bill Text: OR HB2688 | 2011 | Regular Session | Enrolled
Bill Title: Relating to review of land reserve designations.
Spectrum: Unknown
Status: (Passed) 2011-05-27 - Chapter 150, (2011 Laws): Effective date January 1, 2012. [HB2688 Detail]
Download: Oregon-2011-HB2688-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2688
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary
for Oregon State Bar Real Estate and Land Use Section)
CHAPTER ................
AN ACT
Relating to review of land reserve designations; amending ORS
195.145 and 197.626.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 195.145 is amended to read:
195.145. (1) To ensure that the supply of land available for
urbanization is maintained:
(a) Local governments may cooperatively designate lands outside
urban growth boundaries as urban reserves subject to ORS 197.610
to 197.625 { + and 197.626 + }.
(b) Alternatively, a metropolitan service district established
under ORS chapter 268 and a county may enter into a written
agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652
to 197.658 to designate urban reserves. A process and criteria
developed pursuant to this paragraph are an alternative to a
process or criteria adopted pursuant to paragraph (a) of this
subsection.
(2)(a) The Land Conservation and Development Commission may
require a local government to designate an urban reserve pursuant
to subsection (1)(a) of this section during its periodic review
in accordance with the conditions for periodic review under ORS
197.628.
(b) Notwithstanding paragraph (a) of this subsection, the
commission may require a local government to designate an urban
reserve pursuant to subsection (1)(a) of this section outside of
its periodic review if:
(A) The local government is located inside a Primary
Metropolitan Statistical Area or a Metropolitan Statistical Area
as designated by the Federal Census Bureau upon November 4, 1993;
and
(B) The local government has been required to designate an
urban reserve by rule prior to November 4, 1993.
(3) In carrying out subsections (1) and (2) of this section:
(a) Within an urban reserve, neither the commission nor any
local government shall prohibit the siting on a legal parcel of a
single family dwelling that would otherwise have been allowed
under law existing prior to designation as an urban reserve.
(b) The commission shall provide to local governments a list of
options, rather than prescribing a single planning technique, to
ensure the efficient transition from rural to urban use in urban
reserves.
Enrolled House Bill 2688 (HB 2688-A) Page 1
(4) Urban reserves designated by a metropolitan service
district and a county pursuant to subsection (1)(b) of this
section must be planned to accommodate population and employment
growth for at least 20 years, and not more than 30 years, after
the 20-year period for which the district has demonstrated a
buildable land supply in the most recent inventory, determination
and analysis performed under ORS 197.296.
(5) A district and a county shall base the designation of urban
reserves under subsection (1)(b) of this section upon
consideration of factors including, but not limited to, whether
land proposed for designation as urban reserves, alone or in
conjunction with land inside the urban growth boundary:
(a) Can be developed at urban densities in a way that makes
efficient use of existing and future public infrastructure
investments;
(b) Includes sufficient development capacity to support a
healthy urban economy;
(c) Can be served by public schools and other urban-level
public facilities and services efficiently and cost-effectively
by appropriate and financially capable service providers;
(d) Can be designed to be walkable and served by a
well-connected system of streets by appropriate service
providers;
(e) Can be designed to preserve and enhance natural ecological
systems; and
(f) Includes sufficient land suitable for a range of housing
types.
(6) The commission shall adopt by goal or by rule a process and
criteria for designating urban reserves pursuant to subsection
(1)(b) of this section.
SECTION 2. ORS 197.626 is amended to read:
197.626. A metropolitan service district that amends its urban
growth boundary to include more than 100 acres, or that amends
the district's regional framework plan or land use regulations
implementing the plan to establish urban reserves designated
under ORS 195.145 (1)(b), a city with a population of 2,500 or
more within its urban growth boundary that amends the urban
growth boundary to include more than 50 acres or that designates
urban { - reserve - } { + reserves + } under ORS 195.145 { +
(1)(a) + }, or a county that amends the county's comprehensive
plan or land use regulations implementing the plan to establish
rural reserves designated under ORS 195.141, shall submit the
amendment or designation to the Land Conservation and Development
Commission in the manner provided for periodic review under ORS
197.628 to 197.650.
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Enrolled House Bill 2688 (HB 2688-A) Page 2
Passed by House March 9, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 16, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2688 (HB 2688-A) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2688 (HB 2688-A) Page 4
