Central Oregon Landwatch v. Jefferson County

Under OAR 660-015-0000(14) and OAR 660-024-0040(1), changes of Urban Growth Boundaries require showing a 20-year need and a need for “housing, employment opportunities or uses such as public facilities, streets and roads, schools, parks or open space.”

Petitioners challenged the amendment of a city’s Urban Growth Boundary (UGB) to include the land upon which the city’s wastewater treatment plant sat.  Petitioners argued that the county “misconstrued and misapplied” various planning goals and administrative rules.  In response, the county asserted that it complied with all relevant requirements and correctly approved the UGB amendment.  Under OAR 660-015-0000(14) and OAR 660-024-0040(1), changes of UGBs require showing a 20-year need and a need for “housing, employment opportunities or uses such as public facilities, streets and roads, schools, parks or open space.”  The Board concluded that the county’s report satisfied neither of these need factors because the county did not use the required forecast and the UGB amendment was made of convenience, not need.  Further, the county failed to demonstrate the need to add land to the UGB, as required by OAR 660-024-0050(4).  The county’s UGB decision also failed to zone the property for its intended use, in violation of OAR 660-024-0050(7).  The Board also concluded that the county violated its own rules—the Jefferson County Comprehensive Plan—because the change to the UGB was not strictly “necessary.”  Remanded.