Oregon's Growth Boundaries: Constitutionality and Policy

Is Oregon's urban growth boundary (UGB) program -- the most stringent anti-sprawl measure adopted by any U.S. state -- constitutional? Has it saved Portland from effects of sprawl?

2 minute read

October 10, 2005, 2:00 PM PDT

By Abhijeet Chavan @http://twitter.com/legalaidtech


The most stringent anti-sprawl measure adopted by any American state is Oregon's urban growth boundary (UGB) program. Urban growth boundaries are lines on maps within which high-density development is encouraged, and beyond which such development is generally forbidden. Outside the boundary, rural industries (such as logging) and open space are promoted. This Article focuses on three issues: whether UGBs are constitutional under recent Supreme Court case law, (2) whether the UGB has in fact saved Portland (Oregon's largest city) from the social problems caused by sprawl, and (3) whether the side effects of UGBs make them a cure worse than the disease of sprawl. The article addresses issues (2) and (3) by comparing Portland to three metro areas of comparable size and regional growth rates: Seattle, Denver, and Salt Lake City.

The article concludes that: (1) Oregon's UGB presents no constitutional problem, (2) the UGB has promoted infill development within the city of Portland, causing the city to be more prosperous than comparable cities, and (3) that housing prices have not increased more rapidly in Portland than in comparable cities, a fact which suggests that the UGB's effect on housing prices has been minimal. In other ways, Portland has continued to evolve in the same directions as nearby metropolitan areas without UGBs. On the negative side, this means that the UGB has not had an enormous effect upon automobile use, traffic congestion, or urban consumption of farmland. Although Portland's air is cleaner than it was a decade ago, the same is true for other western cities without UGBs. On the positive side, the UGB has not led to the horrors imagined by UGB critics. Portland's real estate is not significantly more expensive than that of comparable western cities, its traffic congestion is no more annoying, and its air is no more polluted. In sum, UGB supporters and opponents alike may have overestimated both the positive and negative effects of UGBs.

Thanks to Michael Lewyn

Friday, October 7, 2005 in Utah Law Review, Social Science Research Network

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Bird's eye view of manufactured home park.

Manufactured Crisis: Losing the Nation’s Largest Source of Unsubsidized Affordable Housing

Manufactured housing communities have long been an affordable housing option for millions of people living in the U.S., but that affordability is disappearing rapidly. How did we get here?

March 25, 2025 - Shelterforce

U-Haul truck on road with blurred grassy roadside in background.

Americans May Be Stuck — But Why?

Americans are moving a lot less than they once did, and that is a problem. While Yoni Applebaum, in his highly-publicized article Stuck, gets the reasons badly wrong, it's still important to ask: why are we moving so much less than before?

March 27, 2025 - Alan Mallach

Close-up of rear car bumper in traffic on freeway.

Research Shows More Roads = More Driving

A national study shows, once again, that increasing road supply induces additional vehicle travel, particularly over the long run.

March 23, 2025 - Road Capacity as a Fundamental Determinant of Vehicle Travel

Aerial view of Grants Pass, Oregon with fall foliage and hills in background with a cloudy sky.

Judge Halts Enforcement of Anti-Homeless Laws in Grants Pass

The Oregon city will be barred from enforcing two ordinances that prosecute unhoused residents until it increases capacity and accessibility at designated camping sites.

1 hour ago - Street Roots

Colorful murals on exterior of Hollywood High School in Los Angeles, California against night sky.

Advancing Sustainability in Los Angeles County Schools

The Los Angeles County Office of Education’s Green Schools Symposium brings together educators, students, and experts to advance sustainability in schools through innovative design, climate resilience strategies, and collaborative learning.

2 hours ago - Los Angeles County Office of Education

Rusty abandoned oil well and equipment with prickly pear cactus next to it in West Texas.

Using Old Oil and Gas Wells for Green Energy Storage

Penn State researchers have found that repurposing abandoned oil and gas wells for geothermal-assisted compressed-air energy storage can boost efficiency, reduce environmental risks, and support clean energy and job transitions.

3 hours ago - Pennsylvania State University