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Rulemaking Activity

2015 - 17 Policy Agenda

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How to Participate

 

See specific rulemaking item for comment deadlines.

 

You may submit written comments on any open rulemaking to:

Land Conservation and Development Commission
c/o Casaria Taylor
635 Capitol St., Ste. 150
Salem, Oregon 97301
or via email to: Casaria Taylor
 

 

Policy related questions: 

Sadie Carney, 503-934-0036 

Ellen Miller, 503-934-0020

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Metropolitan Transportation Planning Rulemaking

Chapter 660, division 12 of the Oregon Administrative Rules (known as the Transportation Planning Rules, or TPR) includes requirements for how local governments and Metropolitan Planning Organizations (MPOs) in metropolitan areas coordinate planning for land use and transportation systems to increase transportation choices.
 
The Department of Land Conservation and Development (DLCD) is initiating a Rulemaking Advisory Committee (RAC) to advise the department in the development of amendments t existing rules. The RAC will consider amendments to the rules in order to clarify rules for transportation planning in the state's metropolitan areas, building upon the recommendations developed by the 2016 Advisory Committee on Metropolitan Transportation Planning and Greenhouse Gas Reduction Targets.
 
The meetings of the Rulemaking Advisory Committee are open to the public. Persons wishing to attend a committee meeting should consult the meeting agenda for further information.
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Sage Grouse Baseline Table Rulemaking

​This rulemaking will modify the existing human disturbance baseline values for sage grouse core areas (OAR 660-023-0115, Exhibit D). The original baseline values were determined using a variety of datasets that were the best available in 2013-2014. One of these datasets, delineating electric transmission lines, was a proprietary dataset that is now preventing the department from creating a fully transparent central registry as directed in Section 15 of OAR 660-023-0115 (Sage Grouse Rule). This rulemaking is intended to modify the baseline values to reflect the use of a replacement transmission line dataset that is state-owned and maintained.

Written comment due by the close of the hearing, May 18, 2017

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Pilot UGB Expansion Process for Affordable Housing

These rules implement HB 4079 (Chapter 52, Oregon Laws 2016), which directs the Land Conservation and Development Commission to establish a pilot UGB expansion process for development of land dedicated to affordable housing.

Background materials from the Rulemaking Advisory Committee.

Final rules adopted as OAR 660-039.

Details about the program​ going forward.


 

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Goal 5 Historic Resources

This rulemaking is to consider amending OAR 660-023-0200, "Historic Resources." This rule implements the portion of Statewide Planning Goal 5, "Natural Resources, Scenic and Historic Areas, and Open Spaces," relating to historic resource sites. The purposes of the proposed amendments are to:
  1. Achieve a well-articulated base level of protection for historic resources listed in the National Register of Historic Places (National Register) that can be applied directly without the need to amend local codes.

  2. Clarify the circumstances under which the owner consent provisions in ORS 197.772(1) apply to resources listed in the National Register.

  3. Better explain how the standard Goal 5 process described in OAR 660-023-0030 through -0050 is augmented by the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, published by the National Park Service (NPS).

  4. Clarify who has standing under the owner consent provisions of ORS 197.772(2) and highlight an alternate path for removing a local historic designation.

 

The meetings of the Rulemaking Advisory Committee are open to the public. Persons wishing to attend a committee meeting shoud consult the meeting agenda for further information.

Written comment due January 19, 2017 for the commission to receive in advance; otherwise due by the close of the hearing, Thursday, January 26, 2017.
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Periodic Review Replacement

This rulemaking establishes new procedures for updating comprehensive plans when a city is exempt from periodic review requirements, as required by ORS 197A.325(3).

The meetings of the Rulemaking Advisory Committee are open to the public. Persons wishing to attend a committee meeting should consult the meeting agenda for further information.

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Rulemaking to Amend Metropolitan Transportation Planning and GHG Reduction Targets

The 2009 legislature enacted HB2001 and SB1059 (2010), which directed LCDC to adopt Greenhouse Gas (GHG) emission reduction targets for metropolitan areas. In these rules the Land Conservation and Development Commission (commission) committed to review the targets at four year intervals starting in 2015. In May 2015, the commission received a Target Rule Review Report. The commission determined that amendments to the GHG reduction targets in OAR 660-044 are warranted based on the findings in the target rule review report. The commission also recognized that GHG targets are closely related to the metropolitan transportation planning requirements in the Transportation Planning Rules (TPR), and directed DLCD to review these requirements in conjunction with an update of the targets.

The meetings of the Rulemaking Advisory Committee are open to the public. Persons wishing to attend a committee meeting should consult the meeting agenda for further information.

Written comment due January 19, 2017 for the commission to receive in advance; otherwise due by the close of the hearing, Thursday, January 26, 2017.
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Rulemaking to Amend the Transportation Planning Rules, clarifying local governments may mitigate across jurisdictions

This rulemaking will amend the Transportation Planning Rules to clarify that a city or county may proposed transportation improvements outside of that city or county when the city or county is considering an amendment to a plan or land use regulation that would significantly affect a transportation facility. This rulemaking is in response to SB 120 (2015); Oregon Laws 2015, Chapter 280.

The meetings of the Rulemaking Advisory Committee are open to the public. Persons wishing to attend a committee meeting should consult the meeting agenda for further information.

Written comment due July 21, 2016

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Minor and Technical Changes to Conform to Recent Legislation and Provide Clarification - Forest Lands and Agriculture Lands

The adopted amendments modify rules to conform to Oregon Laws 2015, chapter 104 regarding parcels split by urban growth boundaries (HB 2457) and conform to recent legislation and provide clarification regarding Forest Lands and Agriculture Lands (HB 3400).

Written comment due March 10, 2016

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Zoning of Rural Exception Areas

HB 3214 (2015) requires the Land Conservation and Development Commission to amend OAR chapter 660, division 4 to allow for a rezoning that authorizes the change, continuation or expansion of an industrial use that has been in operation for the five years without requiring the local government to take a new exception to statewide planning goals related to agricultural and forest lands. The proposed amendments allow these and certain other rezonings without requiring a new exception.

Written comment due January 14, 2016

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Periodic Review Procedures

Amendments to ORS 197 made by HB 3282 (2015) require that the Land Conservation and Development Commission make conforming amendments to OAR Chapter 660, division 25. The proposed amendments make these conforming amendments and other minor and technical changes to the division.

Written comment due January 14, 2016

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Modification of Existing Exceptions for Transportation Facilities in Rural Reserves

The policy intent behind the designation of rural reserves is to provide long-term protection for large blocks of agricultural and forest lands. Consistent with this intent, OAR 660-027-0070(4) specifies that new transportation facilities may not be built in rural reserves if an exception to Statewide Planning Goals 3, 4, 11, or 14 is required. This rulemaking addresses a unique issue that concerns an extension of Arndt Road within a rural reserve near Canby. Clackamas County took an exception in 2003 to extend Arndt Road between Barlow Road and Highway 99E, but that roadway has not yet been built due, in part, to a challenging grade differential across the UPRR tracks and capacity problems on the Highway 99E bridge over the Molalla River. Clackamas County would therefore like to be able to modify the 2003 exception to change the location of the road extension. However, the method for modifying an exception is to take a new exception, which is prohibited in the rural reserves under OAR 660-027-0070(4). This rulemaking would modify the rural reserves rules to allow for a modification of an existing exception for a transportation facility.

The meetings of the Rural Reserves Rulemaking Advisory Committee are open to the public. Persons wishing to attend a committee meeting should consult the meeting agenda for further information.

Written comment due January 14, 2016

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Simplified UGB Rulemaking

On December 4, 2015, the Land Conservation and Development Commission adopted the following rules regarding the simplification of the Urban Growth Boundary Amendment Process. These rules implement related legislation enacted by the 2013 Oregon Legislature (HB 2254, codified as ORS 197A). These rules are effective January 1, 2016.
*Note: the Oregon Administrative Rules are maintained by the Oregon Secretary of State's office. The official version of the rule will be available on their website.

The 2013 legislature enacted (HB 2254;codified at ORS 197A) to provide for new, simplified optional methods that growing cities may use to evaluate the capacity of their urban growth boundaries (UGBs) and to amend those boundaries as necessary. The law requires the Land Conservation and Development Commission (LCDC) to adopt rules to establish these methods before January 1, 2016. LCDC has appointed a rules advisory committee to assist in development of these rules. Information regarding development of UGB streamlining rules is provided below.

The meetings of the UGB Rulemaking Advisory Committee are open to the public. Persons wishing to attend a committee meeting should consult the meeting agenda for further information.

Written comment due December 3, 2015

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Sage Grouse Baseline

This rulemaking is taking place at the request of the Governor’s office, and with the approval of the Land Conservation and Development Commission (LCDC). The purpose is to address a potential federal listing of the Greater Sage Grouse under the Endangered Species Act (ESA). The Governor’s request follows the work of an interagency group SageCon, begun in 2012. SageCon’s goal is to demonstrate that Oregon can put together a plan of action that will demonstrate that the federal listing for sage grouse in Oregon is not necessary. The rulemaking would amend OAR chapter 660, division 23, the “Goal Five rule". The rule would apply to private, state, and public lands in eastern Oregon that constitute about 30 percent of sage grouse habitat. When adopted, the rules would be implemented by seven eastern Oregon counties.

The meetings of the Sage Grouse Baseline Rulemaking Advisory Committee are open to the public. Persons wishing to attend a committee meeting should consult the meeting agenda for further information.

Written comment due December 3, 2015

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