(1) A county and a metropolitan service district established under ORS chapter 268 may enter into an intergovernmental agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652 to 197.658 to designate rural reserves pursuant to this section and urban reserves pursuant to ORS 195.145 (1)(b).
(2) Land designated as a rural reserve:
(a) Must be outside an urban growth boundary.
(b) May not be designated as an urban reserve during the urban reserve planning period described in ORS 195.145 (4).
(c) May not be included within an urban growth boundary during the period of time described in paragraph (b) of this subsection.
(3) When designating a rural reserve under this section to provide long-term protection to the agricultural industry, a county and a metropolitan service district shall base the designation on consideration of factors including, but not limited to, whether land proposed for designation as a rural reserve:
(a) Is situated in an area that is otherwise potentially subject to urbanization during the period described in subsection (2)(b) of this section, as indicated by proximity to the urban growth boundary and to properties with fair market values that significantly exceed agricultural values;
(b) Is capable of sustaining long-term agricultural operations;
(c) Has suitable soils and available water where needed to sustain long-term agricultural operations; and
(d) Is suitable to sustain long-term agricultural operations, taking into account:
(A) The existence of a large block of agricultural or other resource land with a concentration or cluster of farms;
(B) The adjacent land use pattern, including its location in relation to adjacent nonfarm uses and the existence of buffers between agricultural operations and nonfarm uses;
(C) The agricultural land use pattern, including parcelization, tenure and ownership patterns; and
(D) The sufficiency of agricultural infrastructure in the area.
(4) The Land Conservation and Development Commission shall, after consultation with the State Department of Agriculture, adopt by goal or by rule a process and criteria for designating rural reserves pursuant to this section. [2007 c.723 §3]
Note: Sections 10 and 11, chapter 723, Oregon Laws 2007, provide:
Sec. 10. Notwithstanding ORS 195.145 (4), if urban reserves are designated by a metropolitan service district and a county pursuant to ORS 195.145 (1)(b) on or before December 31, 2009, the urban reserves 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 next inventory, determination and analysis required under ORS 197.299 on or after the effective date of this 2007 Act [June 28, 2007]. [2007 c.723 §10]
Sec. 11. The Land Conservation and Development Commission shall adopt the goals or rules required by section 3 of this 2007 Act [195.141] and by the amendments to ORS 195.145 by section 6 of this 2007 Act not later than January 31, 2008. [2007 c.723 §11]
Section: Previous 195.085 195.110 195.115 195.120 195.125 195.137 195.139 195.141 195.143 195.145 195.205 195.210 195.215 195.220 195.225 NextLast modified: August 7, 2008