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2005-07 Rulemaking
2005-07 Policy Agenda
Please go here for LCDC's 2005-07 Policy Agenda.

2005-07 Adopted Amendments
New Rules Regarding Measure 37
 
Feb. 5, 2007
 
On January 25, the Oregon Land Conservation and Development Commission (LCDC) adopted new administrative rules regarding Measure 37 claims. The new rules (Oregon Administrative Rules 660-041), which were adopted after a public hearing, will do three things:
 
(1)  Make permanent the temporary Measure 37 rules that LCDC adopted in November, 2006. The rules clarify requirements in Measure 37 itself regarding the submittal of Measure 37 claims to the State after December 4, 2006, where the claim is based on existing or new Department of Land Conservation and Development (DLCD) land use regulations.
 
(2)  Require local governments to notify DLCD of pending and adopted permits or other authorizations to allow a use based on a Measure 37 waiver.
 
(3)  Clarify that both the local government and the state must modify, remove, or not apply ("waive") applicable local and state land use regulations before a land owner may lawfully obtain a local permit or other authorization to proceed with a use authorized under a Measure 37 waiver, for claims based on existing statewide land use planning statutes, goals and rules.
 
For more information on the new Measure 37 rules or claims process, please contact Michael Morrissey, DLCD Measure 37 Division Manager, at 503-373-0050 x324, or via email at: michael.morrissey@state.or.us.
 
 
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Transportation Planning Rule
 
October 2006
 
Please go here for the Transportation Planning Rule amendment.
 
 
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UGB Amendment Process
 
Oct. 19, 2006
 
On October 5, 2006, the Land Conservation and Development Commission (LCDC) adopted new rules interpreting Statewide Planning Goal 14 regarding urban growth boundary (UGB) amendments.   The adoption of the new rules culminated more than two years of work to clarify and streamline the UGB amendment process. The adopted rules will take effect on April 5, 2007, but local governments may choose to apply the rules immediately.
LCDC appointed a work group to advise the department on the content of these rules. The work group members represented cities, counties and a wide variety of citizens and interested organizations. In adopting the new UGB rules, the Commission also indicated it wishes to keep working on UGB issues, and may initiate additional rulemaking in the near future.
 
The work group held the following meetings:

 DATE LOCATION AGENDA MINUTES
 July 8, 2004 Salem Agenda Minutes
 July 29, 2004 Salem Agenda Minutes
 Aug. 19, 2004 Salem Agenda Minutes
 Sept. 2, 2004 Salem Agenda Minutes
 Sept. 23, 2004 Salem Agenda Minutes
 Oct. 14, 2004 Salem Agenda Minutes
 Nov. 23, 2004 Salem Agenda Minutes
 Dec. 16, 2004 Salem Agenda Minutes
 Jan. 6, 2005 Salem Agenda Minutes
 Feb. 17, 2005 Salem Agenda Minutes
 April 21, 2005 Salem Agenda Minutes
 March 9, 2006 Salem Agenda Minutes
 April 13, 2006 Salem Agenda Minutes
 May 2, 2006 Salem Agenda Minutes
 May 22, 2006 Salem Agenda Minutes
 May 31, 2006 Salem Agenda Minutes
 July 17, 2006 Salem Agenda Minutes
 Aug. 1, 2006 Salem Agenda Minutes
 Aug. 29, 2006 Salem Agenda Minutes
 Sept. 19, 2006 Salem Agenda Minutes
 
For more information on this rulemaking project, please contact Bob Rindy at 503-373-0050 x229, or via email at: bob.rindy@state.or.us.
 
 
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Planning and Zoning for Exception Areas
 
Oct. 19, 2006
 
The Land Conservation and Development Commission approved a housekeeping amendment to Oregon Administrative Rule 660-004-0018, “Planning and Zoning for Exception Areas,” to address a drafting issue from an earlier amendment.
For more information on this rulemaking project, please contact Rob Hallyburton at 503-373-0050 x239, or via email at: rob.hallyburton@state.or.us.
 
 
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Newly Incorporated Cities and Annexation Provisions
 
July 20, 2006
 
On June 29, 2006, the Land Conservation and Development Commission (LCDC) adopted amendments to administrative rules regarding the process for acknowledgment of comprehensive plans for newly incorporated cities (OAR 660-014-0010).
 
The amendments conform these rules to state law under ORS 197.757, which applies the "acknowledgement procedures" under ORS 197.251 for review of comprehensive plan and zoning ordinance for a newly incorporated city. Previously, this rule applied the "post-acknowledgement" or "periodic review procedures" in ORS 197.610 to 197.650.
 
LCDC also repealed OAR 660-001-0300 regarding the "purpose" of rules regarding annexation. This purpose statement was repealed because the annexation rules it refers to no longer exist in that division. They were renumbered in 2004 to OAR 660-014-0060 and OAR 660-014-0070, and are currently described in a purpose statement under OAR 660-014-0000, which was also revised by LCDC on June 29, as indicated in the attachments below.
For more information on this rulemaking project, please contact Bob Rindy at 503-373-0050 x229, or via email at: bob.rindy@state.or.us.
 
 
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Periodic Review and Unincorporated Rural Communities
 
May 16, 2006
 
The Land Conservation and Development Commission adopted amendments to administrative rules at OAR 660, division 025, regarding periodic review, and associated amendments to rules at OAR 660, division 22, regarding unincorporated communities, on March 23, 2006.   The amended rules became effective on May 15, 2006.
 
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State and Local Park Planning
 
May 12, 2006
 
On March 23, 2006, LCDC adopted amendments to administrative rules at OAR 660, division 034, regarding State and Local Park Planning. The amendments are intended to clarify the requirements of these rules with regard to state park uses allowed on farm or forest land.
 
The amended rules became effective on April 14, 2006.
 
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Goal 8: Recreational Needs
 
Feb. 10, 2006
 
Goal 8 was amended by LCDC on Feb. 2, 2006, in response to legislation in 2003 and 2005. These amendments became effective on Feb. 10, 2006.
 
For more information about the amendments, please contact Bob Rindy at 503-373-0050 x229, or via email at: bob.rindy@state.or.us
 
 
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Goal 14 and related rules required by HB 2458
 
Dec. 13, 2005
 
Goal 14 was amended by LCDC on Dec. 1, 2005, in response to recent legislation (HB 2458). LCDC also amended three related administrative rules in order to reference the new legislation. All of these amendments are effective Dec. 13, 2005.
 

NOTE: Last April, LCDC substantially amended Goal 14, but these amendments are not effective until April 28, 2006. However, LCDC allowed local governments, at their option, to use the amended goal earlier, in accordance with some special "applicability provisions" included with the amended goal. The recent amendments adopted Dec. 1, 2005, are effective as of Dec. 13, 2005 to either  version of the goal. The links below provide both versions of Goal 14 and related administrative rules also amended on Dec. 1, 2005, effective Dec. 13, 2005.
 
If you have questions about the Goal 14 amendments, please contact Bob Rindy at (503) 373-0050 Ext. 229; email bob.rindy@state.or.us.