| 2011-13 Rulemaking |
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| 2011-13 Rulemaking Projects |
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2011-13 Policy Agenda Summary
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January 26, 2012
Notice of Proposed Rule Amendments to Conform to Statute
The Land Conservation and Development Commission (LCDC) is considering amendments to the following administrative rules to implement legislation enacted by the 2011 Oregon Legislature: OAR 660, div 7 (Metropolitan Housing); OAR 660, div 8 (Interpretation of Goal 10 Housing); OAR 660-027-0070 (Planning of Urban and Rural Reserves); OAR 660, div 28 (Oregon Transfer of Development Rights Pilot Program); OAR 660-033-0030 (Identifying Agricultural Land, including adoption of a new rule at OAR 660-033-0045); OAR 660-033-0100 (Minimum Parcel Size Requirements); OAR 660-033-0130 (Minimum Standards Applicable to the Schedule of Permitted and Conditional Uses); OAR 660-033-0135 (Dwellings in Conjunction with Farm Use).
The LCDC will continue, from their December meeting, considering amendments to OAR 660 div 18 (Post Acknowledgement Amendments) and div 25 (Periodic Review).
LCDC will hold a public hearing January 26, 2012, to receive public comments regarding the proposal. That meeting, which will include other agenda items preceding the administrative rule hearing, is scheduled to begin at 9:00 AM at DLCD, Basement Hearing Room, 635 Capitol St. After completion of public comments, LCDC will consider testimony and other information provided and may adopt the proposed rule amendments and new rule. If adopted, the rule amendments and proposed new rule will be affective upon filing with the Secretary of State approximately February 15, 2012.
To obtain copies of the proposed rule amendments, proposed new rule and related information by mail, email or fax, please contact Casaria Tuttle at 503-373-0050 Ext. 322; email casaria.r.tuttle@state.or.us. The agenda for LCDC’s January 26 meeting will be available on DLCD’s website, http://www.lcd.state.or.us/, at least ten days prior to the meeting.
Interested persons may provide oral testimony to LCDC regarding the proposed rule and rule amendments at the public hearing. The public is strongly encouraged to send written comments in advance of the hearing. Testimony will be accepted until the close of the hearing. Address written comments to the Chair of the Land Conservation and Development Commission, care of Casaria Tuttle at the department’s address above, or email comments to casaria.r.tuttle@state.or.us. Fax comments to 503‑378-6033. If you have questions about the proposed rules, contact Bob Rindy at (503) 373-0050 Ext. 229; email bob.rindy@state.or.us.
The proposed rule amendments are needed in order to implement new laws. The Commission may consider other minor amendments based on testimony and comments received during the public comment period, and may adopt minor clarifications or technical corrections, and may make other related amendments proposed during the public comment period. As per ORS 183.335(2)(b)(G), the agency requests public comment on whether other options should be considered for achieving the proposed substantive goals while reducing the negative economic impact of the rule on business.
Division 18
Division 25
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| Completed 2009-11 Projects |
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December 30, 2011
LCDC adopts permanent rules regarding soils assessment of agricultural land
This rulemaking adopts amendments to OAR 660-33-0130 at sections (5) and (9). The amendments establish a process to follow where NRCS agricultural soils data are challenged, requiring the use of a professional soils classifier listed with the department. While a state contracting process was initially proposed, this requirement was later dropped. Requests for soils assessments or their release to local governments must be approved by property owners. Soils assessments subject to the new process may be considered by local governments in land use proceedings only after they have first been reviewed by the Department of Land Conservation and Development. Applicability includes rezonings from resource to non-resource zones on the basis that land is not agricultural land, and some non-farm dwelling approvals. The rule amendments became effective on December 20, 2011.
For questions about this rulemaking, contact Katherine Daniels at (503) 373-0050 ext. 329 or katherine.daniels@state.or.us.
• OAR 660-033-0030
November 11, 2011
Notice of Proposed Amendments to Administrative Rules
The Land Conservation and Development Commission (LCDC) is considering amendments to administrative rules regarding changes to comprehensive plans and land use regulations (OAR 660, division 18) and administrative rules regarding periodic review (OAR 660, division 25), including the possible repeal of some division 18rules. These rule amendments are necessary to implement legislation enacted by the 2011 Oregon Legislature – HB 2129 and HB 2130 – which amended statutes under ORS 197.610 through 197.651. The division 18 rules concern requirements for notice, including notice of adoption, for post acknowledgement plan amendments. The division 25 rule amendments concern the process for periodic review, including notice requirements, the work task review process by the department and LCDC, and the process for review of urban growth boundaries and urban reserves “in the manner of periodic review.”
LCDC will hold a public hearing December 8, 2011, to hear public comments regarding the proposed rule amendments. This meeting, which includes other agenda items preceding the rule hearing, is scheduled to begin at 8:30a.m. at the Columbia Gorge Discovery Center, 5000 Discovery Drive, The Dalles, Oregon. After completion of the public hearing, LCDC will consider testimony and other information provided and may adopt the proposed rule amendments.
If adopted, the rule amendments will be affective upon filing with the Secretary of State on approximately December 30, 2011. HB 2129 will go into effect January 1, 2012, and HB 2130 was effective upon passage on June 23, 2011.
A draft of the proposed rules and other notices and fiscal statements are available on DLCD’s website at http://www.lcd.state.or.us/LCD/rulemaking.shtml, as well as copies of the pertinent legislation. To obtain copies of the proposed rule amendments and related information by mail, email or fax, please contact Casaria Tuttle at 503-373-0050 ext. 322; email casaria.r.tuttle@state.or.us. The agenda for LCDC’s December 7‑9 meeting will be available on DLCD’s website at least ten days prior to the meeting at http://www.lcd.state.or.us/.
Interested persons may provide oral testimony to LCDC regarding the proposed rule amendments at the December 8 public hearing, and are encouraged to send written comments in advance of the hearing. Interested individuals can submit oral and written testimony until the close of the hearing. The agency also requests comments suggesting other options while reducing any negative economic impact on business. Address written comments to the Chair of the Land Conservation and Development Commission, care of Casaria Tuttle at the department’s address above, or email comments to casaria.r.tuttle@state.or.us. Fax comments to 503‑378-6033.
If you have questions about the proposed rules, contact Bob Rindy at 503- 373-0050 ext. 229; email bob.rindy@state.or.us.
660-018
Hearing Notice
Fiscal Impact and Statement of Need
Housing Impact Statement
Draft OAR
660-025
Hearing Notice
Fiscal Impact and Statement of Need
Housing Impact Statement
Draft OAR
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October 18, 2011
LCDC withdraws proposed rule amendments regarding the siting of irrigation reservoirs on farmland
Dropping groundwater levels around the state are likely to lead to an increased need for irrigation reservoirs. Oregon Board of Agriculture members have requested that LCDC clarify the process for approving such facilities. The proposed rule amendments were intended to recognize irrigation reservoirs as an essential type of farm infrastructure to be permitted as a utility facility necessary for public service under ORS 215.213(1)(c) and 215.283(1)(c). The rule amendments attempted to create a clear process for review that was not overly burdensome, yet that provided an opportunity for county review. The proposed rule amendments also restricted certain uses around irrigation reservoirs that could potentially conflict with the irrigation function of these facilities.
The Irrigation Reservoir Rulemaking Advisory Committee met three times and reached agreement on a general approach and most of the specifics of the proposed rule language.
The Land Conservation and Development Commission (LCDC) considered proposed amendments to OAR 660-033-0130 and 0120 Table 1, regarding the siting of irrigation reservoirs on land planned and zoned for exclusive farm use at its June 22, August 17 and September 6, 2011 meetings.
At the June 22, 2011 LCDC meeting, department staff presented modified proposed rule language consistent with House Bill 3408. LCDC heard testimony and held a discussion, but lacked a quorum to make a decision. The issue was continued to the August 17, 2011 meeting. At this meeting, LCDC directed staff and the Oregon Water Resources Congress to attempt to resolve differences, and the hearing was closed.
LCDC reconsidered the proposed rule amendments at its October 6, 2011 meeting in Grants Pass. Staff and the Oregon Water Resources Congress were not able to resolve differences and LCDC withdrew the motion for rulemaking. For additional information, please contact Katherine Daniels, Farm and Forest Lands Specialist, at 503-373-0050 ext. 329. okatherine.daniels@state.or.us.
Notice of Proposed Rulemaking Hearing
Statement of Need and Fiscal Impact
Housing Cost Impact Statement
Notice to Interested Persons
Notice to Legislators
Proposed Rule Language - OAR 660-033-0130
Proposed Rule Language - OAR 660-033-0120 Table 1
Fact sheet for solar & irrigation reservoir rulemaking
Staff Report
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October 6, 2011
LCDC adopts permanent rules regarding siting of commercial solar photovoltaic energy generation facilities on farmland and rangeland.
This rulemaking adopts amendments to OAR 660-33-0130, in a new section 38, and to OAR 660 -033-0120, table 1. The amendments maintain reasonable opportunities to site commercial solar photovoltaic energy generation facilities on productive (high value and arable) agricultural lands, while expanding the ability to site, on footprints of up to 100 acres, these facilities on lesser quality, non-arable rangelands, and lands of low value for wildlife. Net metering and feed-in- tariff projects are exempted from these rule amendments.
For questions about this rulemaking, contact Jon Jinings at (541) 318-2890 or Michael Morrissey, at (503) 373-0050 Ext. 320. Jon may be reached by email at jon.jinings@state.or.us. Michael may be reached at michael.morrissey@state.or.us. Information may also be obtained from the DLCD website: http://www.lcd.state.or.us/.
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May 19, 2011
LCDC adopts Greenhouse Gas Emission Reduction Targets for Metropolitan Areas
On May 19, 2011, The Land Conservation and Development Commission adopted new administrative rules identifying reduction targets for greenhouse gas emissions from auto and light truck travel for the state’s six metropolitan areas. The adopted rule carries out HB 2001 (2009) and SB 1059 (2010) which directs the commission to identify reduction targets effective June 1, 2011.
For further information, please contact Bob Cortright at (503) 373-0050 extension 241 or via email.
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March 24, 2011
LCDC adopts minor and housekeeping amendments to DLCD rules
On December 2, 2010, and on January 12, 2011, the Land Conservation and Development Commission (LCDC) adopted minor and technical amendments to the agency’s administrative rules under OAR 660, divisions 1, 3, 4, 6, 18, 21, 25 and 33. These amendments were made in order to conform rules to current statutes, laws and rules, respond to Land Use Board of Appeals or other court opinions, clarify ambiguous or unclear wording consistent with the intent of the rules, update or correct references and correct grammar. The adopted rule amendments are available at the links below.
NOTE: The amendments to divisions 1,3, 4, 6 and 33 have been formally filed with the Secretary of State and are in effect at this time. The Secretary of State may take up to three months to conform the rules on their website to these official versions. It is recommended that you consult the versions in the links below rather than the versions on the Secretary of State Website.
NOTE: The amendments to OAR 660, divisions 18, 21 and 25 have not been formally filed at this time. It is anticipated these will be filed within the next month. These amended rules will not be effective until file.
If you have questions about the adopted rule amendments please contact Bob Rindy at (503) 373-0050 Ext. 229; email Bob Rindy.
660-001
660-003
660-004
660-006
660-033
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October 19, 2010
LCDC adopts amendements to urban and rural reserve administrative rules
On October 19, LCDC concluded its deliberation of proposed amendments to rules that regulate Metro Urban and Rural Reserves.
If you have questions about the proposed rules, contact Bob Rindy, 503-373-0050 ext. 229 or email to bob.rindy@state.or.us.
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September 2, 2010
LCDC adopts permanent rules implementing temporary workforce housing for large energy related construction projects rules
This rulemaking adopts amendments to OAR 660-033-0130 (16), (17, (22), and (37) to allow on-site and off-site temporary housing opportunities to be considered as part of a proposal to site an energy facility on agricultural lands. Such facilities must be removed or converted to an allowed use under OAR 660-033-0130 (19), campgrounds, or other statute or rule when construction is complete.
Temporary rules in OAR 660-033-0130(19) adopted by LCDC in June 2010 are repealed. While those rules focused on providing temporary campground opportunities for energy workforce housing, the permanent rule adoption does not limit the housing opportunities to off-site campgrounds, but rather establishes such temporary housing facilities as an incidental use to an energy generation or transmission facility. The intention is that such housing facilities would be identified by the project applicant and considered by local decision makers as part of the original proposal.
If you have questions about this rulemaking contact Jon Jinings by email to jon.jinings@state.or.us or call 541-318-2890 or Michael Morrissey by email to michael.morrissey@state.or.us or call 503-373-0050 ext. 320.
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July 22, 2010
LCDC adopts permanent rules implementing Senate Bill 1049 (2010) and facilitating local government implementation of Measure 49 authorizations
The Land Conservation and Development Commission (LCDC) adopted permanent rules making permanent the temporary Measure 49 rules adopted by the Land Conservation and Development Commission in April of 2010 (filed with the Secretary of State, and effective April 2010), that provide guidance to counties regarding implementation of Measure 49 authorizations. LCDC adopted one new rule, 660-041-0180—County Implementation of Measure 49 Authorizations, that provides guidelines for counties implementing home site authorizations and claimants proposing to cluster authorized home sites. Other rules and amendments provide for fee collection and process for SB 1049 claims, clarify that the same notification standards apply to authorizations for single dwellings under SB 1049 as applied to authorizations for home site approvals, and update the department’s explanation of the lawfully permitted analyses that were affected by SB 1049 as they pertain to pre-acknowledgment and post-acknowledgment claims with no minimum lot sizes.
If you have questions about this rulemaking contact Kristin May at 503-373-0050 Ext. 373, email kristin.may@state.or.us; or Michael Morrissey at 503-373-0050 Ext. 320; email michael.morrissey@state.or.us.
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June 3, 2010
LCDC adopts temporary rules regarding private campgrounds on lands planned and zoned for exclusive farm use
A growing number of large construction projects, particularly renewable energy facilities, are being approved in remote areas with limited accommodations for workforce housing. Many are currently under construction and several more are scheduled to break ground in 2010.
Some local planners are aware that unpermitted camping activities are currently taking place and there is broad expectation that demand for camping facilities will increase as new projects are started. These projects may hire several hundred employees over a 9-12 month period. Many employees of these projects are forced to drive long distances to and from the jobsite. Others choose to temporarily reside in RVs or camp trailers.
The temporary rules allow for a temporary campground approval to be valid for one year, with extension provisions. The rules also provide that a temporary campground must either be retired and returned to resource use or converted to an allowed use when the construction project has been completed.
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May 24, 2010
LCDC adopts temporary rules and rule amendments to implement Senate Bill 1049 (Relating to Ballot Measures 37/49 rules)
The Land Conservation and Development Commission (LCDC) adopted temporary rules and rule amendments for Measure 49 during its regular meeting on April 22, 2010.
Oregon Administrative Rules 660, Division 041, were adopted in 2004 to implement Ballot Measure 37 (2004). The new temporary rules will facilitate additional review under Senate Bill 1049 (2010) and Measure 49 and will result in the following:
- Add one new rule that addresses department coordination with counties for purposes of identifying claims that are the subject of Section 6 of SB 1049.
- Provide for fee collection and process for SB 1049 claims.
- Clarify that the same notification standards apply to authorizations for single dwellings under SB 1049 as applied to authorizations for home site approvals.
- Update the department’s explanation of the lawfully permitted analyses that were affected by SB 1049 as they pertain to pre-acknowledgement and post-acknowledgement claims with no minimum lot sizes.
For more information about this rulemaking, please contact Judith Moore at 503-373-0050 ext. 373, or via e-mail at judith.moore@state.or.us.
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April 28, 2010
LCDC adopts minor amendments to rules for implementation of Metro reserves
On April 23rd the Land Conservation and Development Commission (LCDC) adopted amendments to an Oregon Administrative Rule, OAR 660-027-0070, regarding Planning for Urban and Rural Reserves in the Portland Metro area. The amended rule will be effective upon filing with the Secretary of State on Friday, April 30, 2010. Metro and Metro-area counties are in the process of designating urban and rural reserves. LCDC approved the rule amendments after three public hearings and considerable testimony by citizens, local governments and state agencies.
In revising the rule, LCDC also directed the Department of Land Conservation and Development (DLCD) to convene interests and local governments in the region to consider and make recommendations as to whether additional amendments to these rules are necessary. The department will announce further details about this effort on this website in the near future.
The revised Metro Reserve rule (see link below) allows certain amendments to local comprehensive plans and land use regulations for Metro Urban Reserves and Rural Reserves, if and when such reserves are formally designated by Metro and Metro area counties. Prior to LCDC’s revision of this rule, NO amendments to plans and regulations would have been allowed in reserves after their designation.
The Reserve Planning rules were first adopted in 2008 by LCDC in response to 2007 legislation authorizing Metro reserves. Recently, concerns were raised to LCDD about the rule’s prohibition on future amendments to local plans and regulations in reserve areas. The adopted revisions to the rule allow four types of future amendments to local plans and regulations, provided such amendments are otherwise allowed under law, AND provided such amendments would NOT require an “exception” to a statewide planning goal. The four types of future amendments to local plan and regulations allowed under the revised rule are as follows:
- Amendments in response to new inventories of significant “Goal 5 resources,” and new or amended local measures to protect such resources. There are approximately 15 types of “resources” under Statewide Planning Goal 5, including open space, natural and historic areas, scenic rivers, groundwater resources, wetlands, recreation trails, wilderness areas, riparian areas, wildlife habitat, mineral and aggregate resources, energy sources, water areas, and cultural resources;
- Amendments to allow public park uses authorized under an adopted Park Master Plan;
- Amendments to allow new or revised roads, highways and other transportation facilities and pubic facilities improvements; and
- Amendments to allow “land uses” and “land divisions” that are already allowed by state law or administrative rules at the time urban and rural reserves are designated.
The amended rule also allows local governments in the metro area to adopt and amend “concept plans” for the eventual urbanization of Metro Urban Reserves, including plans for eventual provision of roads, highways and other transportation and public facilities.
If you have questions about the revised rule, contact Bob Rindy at (503) 373-0050 ext. 229; or email bob.rindy@state.or.us
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January 27, 2010
LCDC adopts new rules for Transfer of Development Rights Pilot Program
On January 21, 2010, the Land Conservation and Development Commission (LCDC) adopted new rules to guide its selection of up to three “pilot projects” under the Oregon Transfer of Development Rights (TDR) Pilot Program.
House Bill 2228 (2009) established the pilot program and required LCDC to adopt rules to administer it.
Under the pilot program, LCDC may select up to three local government initiated projects in order to test and lead the way toward broader use of TDRs statewide as a strategy to conserve forest land and for other purposes as well. TDRs have been successful in other states but so far the tool has had little use in Oregon.
Proposed pilot projects must provide for the transfer of development rights from forest land and to land in another location that is either:
- inside an urban growth boundary (UGB);
- in an “exception area” adjacent to a UGB; or
- in an unincorporated community designated in the county plan as either a “rural community” or an “urban unincorporated community.”
The selection process under the new rules authorizes local governments to nominate potential projects by submitting a concept plan for each project, including proposed amendments to the comprehensive plan and land use regulations necessary to implement the project.
For more information about the program, the new rules, or if you are interested in proposing a TDR Pilot Project, please contact Katherine Daniels at (503) 373-0050 ext. 329; or via e-mail katherine.daniels@state,or.us; or Bob Rindy at (503) 373-0050 ext. 229; or via e-mail bob.rindy@state.or.us.
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January 26, 2010
LCDC amends permanent Measure 49 rules
The Land Conservation and Development Commission (LCDC) adopted permanent amendments to Measure 49 rules during its regular meeting on January 21.
Oregon Administrative Rules 660, Division 041, were adopted in 2004 to implement Ballot Measure 37 (2004). House Bill 3225 (2009) enables certain categories of landowners with otherwise ineligible Measure 37 claims to make Measure 49 elections and revises certain criteria that were the cause for denial for additional categories of claimants.
The amended rules make permanent the temporary Measure 49 rules adopted by LCDC in July 2009, and facilitate additional review under HB 3225 and Measure 49 for approximately 400 claims previously filed under Measure 37; claims which are otherwise ineligible to be reviewed under Measure 49.
For more information about the rulemaking, please contact Michael Morrissey at (503) 373-0050 ext. 320 or via e-mail at michael.morrissey@state.or.us.
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December 3, 2009
LCDC adopts Territorial Sea Plan Part 5 and new rule
On November 5, 2009, the Land Conservation and Development Commission (LCDC) adopted an Oregon Administrative Rule for the Territorial Sea Plan, Part 5.
The new rule includes policies that apply to state and federal agency approvals for the location and operation of ocean-based energy power generation facilities in the Oregon Territorial Sea.
The new rule (OAR 660-036-0005) and Part 5 of the Territorial Sea Plan can be viewed in the links below.
For more information please contact Paul Klarin at 503-373-0050 ext. 249, or send an e-mail to paul.klarin@state.or.us.
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| Link to 2007-09 Rulemaking |
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To review DLCD's 2007-09 Rulemaking, please go here.
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| Contact Information |
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If you would like further information regarding DLCD's rulemaking or legislative efforts, please contact:
- Bob Rindy, Policy and Legislative Liaison, at 503-373-0050 x229.
- Casaria Tuttle, Rules Coordinator, at 503-373-0050 x322.
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