ORS 195.145 Urban Reserves; When Required; Limitation; Rules

• Library: Oregon Statutes
• Edition: 2023
• Currency: Current through legislation effective January 1, 2024
• Year: 2023
• Citation: ORS 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] Metro 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] urban reserves 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] a local government [shall] may not 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.

(4) Urban reserves designated [by a metropolitan service district and a county pursuant to subsection (1)(b) of] under this section must be planned to accommodate population and employment growth for:

(a) At least 40 years and not more than 50 years; or