Getting Involved in Urban Growth

By Timothy V. Ramis

Metro is expected to develop a schedule in early 2008 for the next urban growth boundary (UGB) expansion. The schedule will follow the Land Conservation and Development Commission's (LCDC) adoption of new rules for urban and rural reserves, now in process. Once the rules and schedule are clear, property owners in the Metro area who are interested in having their properties considered for being either included in the UGB (by placement in an urban reserve) or protected from development (by placement in a rural reserve) must take action. Failure to act could mean loss of opportunity for up to 50 years.

Those involved in the UGB expansion will want to make the process smooth, amicable, and successful. The end result, to be completed before December 31, 2009, will be a plan that promotes:

1. Identification of a 50-year supply of land suitable to accommodate area growth (up to 30 years in urban reserves, plus 20 years' supply in the UGB);
2. Efficient use of the land within the UGB, with a focus on urban centers;
3. Predetermined commitments to land uses; and
4. Identification of ways to finance the infrastructure needed to serve the expanded area.

The challenges ahead are significant. How Metro structures the process early in 2008 and how that process is perceived by local government partners and property owners will indicate whether the focus will be on cooperation or on posturing for legal challenges. Given the history of the process completed by Metro in 2002, Metro is motivated to structure and improve the process.

The 2002 process resulted in an expansion of 18,638 acres. Of the total acres, 2,851 were dedicated to employment purposes. Metro adopted policies to protect existing neighborhoods, protect land for job creation, and improve downtown commercial centers and main streets. Implementation over the past five years has resulted in mixed reviews. Some will say that the policies have been very effective, while others will say, "wait and see." All will agree that the anticipated growth has certainly taken place.

The next round of review, mandated to take place every five to seven years, is a checkpoint to ensure that the boundary and growth-management policies that are in place are adequate to comply with state law. At least a 20-year land supply for housing is required, along with an adequate supply for commercial and industrial purposes.

Property owners with land that was left out of the 2002 expansion and those close to the edge and desiring to be included in this round should begin preparing now. Early understanding of the process, schedule, and expectations of Metro staff and council are critical.

Property owners should know what their city or county is doing to prepare for and participate in the process. Three counties and more than twenty cities will be involved in the process and will be holding discussions early in 2008 and throughout the year. Coordinating property owner efforts with the local government is often recommended. Being part of a larger concept or proposal often has advantages.

As a property owner, you should develop an information packet to promote inclusion of your land. Metro has excellent property information at its fingertips. Know what Metro has, understand it, and be able to advocate for your property.

Get to know your neighbors. Again, coordinated proposals with good documentation will make the decision makers' jobs easier.

Assemble a team of experts who can professionally present your property as a candidate for inclusion in the UGB every time it is necessary. Metro council will have many hours of testimony and hundreds of documents to sift through during the process. Make your property stand out by having concise, complete, and accessible data that illustrates your position.

Finally, get involved — don't be afraid to interact regularly with planners, lawyers, and engineers.

If you want to develop your property in the Metro area during the next 50 years, the time for action has arrived.

This article is intended to inform the reader of general legal principles applicable to the subject area. It is not intended to provide legal advice regarding specific problems or circumstances. Readers should consult with competent counsel with regard to specific situations.

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