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

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 16, 2025 - Diana Ionescu

Black and white photos of camp made up of small 'earthquake shacks' in Dolores Park in 1906 after the San Francisco earthquake.

The 120 Year Old Tiny Home Villages That Sheltered San Francisco’s Earthquake Refugees

More than a century ago, San Francisco mobilized to house thousands of residents displaced by the 1906 earthquake. Could their strategy offer a model for the present?

April 15, 2025 - Charles F. Bloszies

Crowds of people walking and biking along waterfront in Sunset Dunes Park in San Francisco, California on a sunny day.

San Francisco Opens Park on Former Great Highway

The Sunset Dunes park’s grand opening attracted both fans and detractors.

1 hour ago - Mission Local

Portland Oregon Bus

Oregon Legislature to Consider Transit Funding Laws

One proposal would increase the state’s payroll tax by .08% to fund transit agencies and expand service.

2 hours ago - KATU.com

Houston, Texas skyline.

Housing Vouchers as a Key Piece of Houston’s Housing Strategy

The Houston Housing Authority supports 19,000 households through the housing voucher program.

3 hours ago - Urban Edge