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Tom is listing a 10-acre parcel in a rural area of Clackamas County, Oregon. The property is currently outside the city of Milwaukie's Urban Growth Boundary but the seller believes the UGB will be expanded to include the parcel within the next few years. A buyer is interested and asks Tom whether the anticipated UGB expansion is guaranteed. Which of the following is the most accurate response Tom should provide?

Correct Answer

B) UGB expansions require a formal amendment process subject to DLCD review and approval, and are not guaranteed regardless of population projections

Under ORS Chapter 197 and OAR Chapter 660, expanding an Urban Growth Boundary requires a formal amendment process. The local government must demonstrate compliance with statewide planning goals, including Goal 14 (Urbanization), which requires analysis of need, land suitability, and alternatives. DLCD reviews proposed amendments and the Land Conservation and Development Commission (LCDC) may be involved. There is no guarantee of approval, and the process can take years. Tom must be careful not to represent a speculative UGB expansion as a certainty, as doing so could constitute misrepresentation.

Answer Options
A
A UGB expansion is automatic once a city's population grows beyond its current planning capacity, so the seller's expectation is legally guaranteed
B
UGB expansions require a formal amendment process subject to DLCD review and approval, and are not guaranteed regardless of population projections
C
Once a city submits a UGB expansion application, state law requires DLCD to approve it within 12 months, making approval nearly certain
D
The Oregon Real Estate Agency must certify any anticipated UGB expansion before it can be disclosed to a buyer as a potential benefit

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Related Topics & Key Terms

Key Terms:

urban_growth_boundaryUGB_expansionDLCDland_use_planningmisrepresentationGoal_14

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