Home Builders Association v. City of Eugene

ORS 197.307(4), sets fourth regulations that may apply to development of needed housing on land included in the urban growth boundary (UGB) and on the Buildable Lands Inventory (BLI), but the regulation does not apply the city’s initial determination of what land is included in a city’s inventory.

ORS 197.296(2) requires cities such as Eugene, with a population greater than 25,000, to create a comprehensive plan that provides sufficient buildable lands within its urban growth boundary (UGB) to accommodate estimated housing needs for 20 years. After a multi-year process to inventory the supply of buildable lands, and a study of the city’s future residential land needs, the city adopted Ordinance 20585, which adopts a Residential Lands Supply Study (RLSS) as a component of the Envision Eugene Comprehensive Plan (ECP). The RLSS includes five parts. Part V is the Residential Buildable Lands Inventory (BLI).

Petitioner contends that the city’s BLI “improperly includes lands that the petitioner argues are not ‘buildable lands’ within the meaning of ORS 197.295(1).” Petitioner argues that “the ORS 197.296(2) requirement to adopt buildable lands inventory requires the city’s BLI to include only acreage that is ‘truly’ developable under clear and objective standards.” Among other assertions, petitioner set forth the argument that some lands that were included in the BLI should not have been included, because the city improperly assumed that those lands would be developed.

However, the city responded that the plain language of ORS 197.295(1), 197.296 or Goal 10 do not contain any rules that refer to “clear and objective standards.” Rather, the city argues, that the definition of “buildable land” is broad and the city is required to include any lands that are “suitable, available and necessary for residential uses.” LUBA agreed with the city that “including land on its BLI that is developable under either the needed housing track or the discretionary track is consistent with ORS 197.295(1), ORS 197.296(2)-(5) and Goal 10.” Thus, although actual development in consideration of such regulations could result in an estimate of a lower development capacity, “nothing in ORS 197.296 requires that the city omit from the inventory altogether land that is developable with residential uses. ORS 197.307(4) specifies regulations that cities may apply to development of needed housing on land included in the UGB and on the BLI. It does not apply the city’s initial determination of what land is included in a city’s inventory.” AFFIRMED.