2017 ORS 195.141¹
Designation of rural reserves and urban reserves pursuant to intergovernmental agreement
  • rules

(1) A county and a metropolitan service district established under ORS chapter 268 may enter into an intergovernmental agreement pursuant to ORS 190.003 (Definition for ORS 190.003 to 190.130) to 190.130 (Effect of ORS 190.125), 195.025 (Regional coordination of planning activities) or 197.652 (Regional problem-solving process) to 197.658 (Modifying local work plan) to designate rural reserves pursuant to this section and urban reserves pursuant to ORS 195.145 (Urban reserves) (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 (Urban reserves) (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]

Notes of Decisions

Whether land is “capable” refers to physical ability of land to produce agricultural product and capability determina­tion must include assess­ment of quantity and quality of soil and wa­ter. Barkers Five, LLC v. LCDC, 261 Or App 259, 323 P3d 368 (2014)

Whether land is “suitable” refers to ability of land to be used for long-term farm use based on factors including existing land use and ownership patterns, parceliza­tion, infrastructure and zoning. Barkers Five, LLC v. LCDC, 261 Or App 259, 323 P3d 368 (2014)

Law Review Cita­tions

93 OLR 455 (2014)

Notes of Decisions

When undertaking “considera­tion of factors,” Metro or county must apply and evaluate each factor, weigh and balance each factor while understanding factors are not independent approval criteria and meaningfully explain reasoning for land designa­tion. Barkers Five, LLC v. LCDC, 261 Or App 259, 323 P3d 368 (2014)

Law Review Cita­tions

93 OLR 455 (2014)

1 Legislative Counsel Committee, CHAPTER 195—Local Government Planning Coordination, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors195.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 195, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano195.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.