OAR 660-022-0040: Urban Unincorporated Communities

(1) Counties with qualifying communities shall adopt plans and land use regulations for urban unincorporated communities (UUC’s). All statewide planning goals applicable to cities shall also apply to UUC’s, except for those goals provisions relating to urban growth boundaries and related requirements regarding the accommodation of long-term need for housing and employment growth. (2) Counties may expand the boundaries of those UUC’s with the following characteristics in order to include developable land to meet a demonstrated long-term need for housing and employment: (a) The UUC is at least 20 road miles from an urban growth boundary with a population over 25,000; and (b) The UUC is at least 10 road miles from an urban growth boundary with a population of 25,000 or less. (3) To expand the boundary of a UUC, a county shall demonstrate a long-term need for housing and employment in the community. The county shall base its demonstration upon population growth estimates from a reputable forecast service (such as Portland State University). The county shall coordinate its estimates with those for other cities and communities in the county. The county shall consider: (a) Plans to extend facilities and services to existing community land; and (b) The infill potential of existing land in the community. (4) If a county determines that it must expand the boundary of a UUC to accommodate a long-term need for housing and employment, it shall follow the criteria for amendment of an urban growth boundary in statewide planning Goal 14 and shall select land using the following priorities: (a) First priority goes to that developable land nearest to the UUC which is identified in an acknowledged comprehensive plan as exception area or nonresource land; (b) If land described in subsection (a) of this section is not adequate to accommodate the need demonstrated pursuant to section (3) of this rule, second priority goes to land designated in a comprehensive plan for agriculture or forestry, or both. Higher priority shall be given to land of lower capability as measured by the capability classification system or by cubic foot site class, whichever is appropriate for the current use, with designated marginal land considered the lowest capability (highest priority for selection); (c) Land described in subsection (4)(b) of this section may be included if land of higher priority is inadequate to accommodate the need projected according to section (3) of this rule for any one of the following reasons: (A) Specific types of identified land needs cannot be reasonably accommodated on higher priority land; or (B) Public facilities and services cannot reasonably be provided to the higher priority area due to topographic or other physical constraints; or (C) Maximum efficiency of land use within the UUC requires inclusion of lower priority land in order to provide public facilities and services to higher priority land. (5) Counties shall apply plans and land use regulations to ensure that land added to a UUC: (a) Is used only to satisfy needs identified pursuant to section (3) of this rule; and (b) Is provided with sewer and water services at the time of development; and (c) Is planned and zoned according to the requirements of this division; and (d) If designated for residential use, meets the requirements of statewide planning Goal 10 and ORS 197.314; and (6) Counties shall not rely upon the use of land included within a UUC as the basis for determining that nearby land designated in compliance with goals relating to agriculture or forestry is committed to nonresource use as defined in OAR 660-004-0005(3). (7) Counties shall include findings of fact and conclusions of law demonstrating compliance with the provisions of this rule in their comprehensive plans. (8) For purposes of this rule, “developable land” shall have the meaning given that term in OAR 660-021-0010(5). (9) For purposes of this rule, “long-term need” means needs for the UUC anticipated for the next 10 years.