| 2009-11 Rulemaking |
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| 2009-11 Rulemaking Projects |
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Link to LCDC's 2009-11 Policy Agenda
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February 8, 2010
LCDC to consider proposed amendments to rules concerning Metro reserves
The Land Conservation and Development Commission (LCDC) is considering amending Oregon Administrative Rule (OAR) 660-027-0010 and 660-027-0070: Urban and Rural Reserves in the Portland Metro Area.
The proposed amendments would modify provisions that currently prohibit counties from amending any land use regulation applied to areas designated as urban or rural reserves, and that currently disallow any uses that were not allowed by local regulations at the time of reserve designations (Note: at the time of this notice, urban and rural reserves have not been formally designated in the Metro area).
The proposed rule amendments would authorize future amendments to regulations applied to reserves:
- in order to authorize improvements to road, highways or other transportation facilities, or
- authorize amendments to local plans and ordinances in response to new or amended inventories of Goal 5 (Natural Resources, Scenic and Historic Areas, and Open Spaces) resources.
LCDC will hold a hearing to receive public comment regarding the proposed rules, and to consider and possibly adopt the proposed rules at its March 18, 2010 meeting in Bend. The meeting, which includes other agenda items, will begin at 8:30 a.m. in the Municipal Court Room, Bend Police Department, 555 NE 15th Street.
After completion of public testimony, LCDC may adopt the rules, and if so, the rules would become effective upon filing with the Secretary of State (approximately March 31, 2010). A draft of the proposed rules will be available by February 19.
Interested persons may address LCDC regarding the proposed rules at the March 18 public hearing, and/or may provide written comments. Oral and written testimony will be accepted until the close of the hearing.
Please address written comments to: Chair, Land Conservation and Development Commission, c/o Casaria Tuttle, 635 Capitol St., Suite 150, Salem, OR 97301, or via e-mail at Casaria.r.tuttle@state.or.us. Comments can be sent by fax to (503) 378-6033.
If you have questions about the proposed rules, contact Bob Rindy at (503) 373-0050 ext. 229 or via e-mail at bob.rindy@state.or.us.
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January 25, 2010
LCDC defers rule adoption of Metolius Area of Critical State Concern Management Plan to April 22
After opening a public hearing on a possible rule adoption, the Land Conservation and Development Commission (LCDC) agreed on Thursday to defer the hearing and possible adoption of the Metolius Area of Critical State Concern Management Plan by rule to Thursday, April 22. The commission will meet in Lincoln City from April 21-23.
House Bill 3298, enacted by the 2009 Legislature, declared the Metolius River basin to be an Area of Critical State Concern (ACSC) and approved an accompanying management plan for the area.
The recommended management plan had been submitted to the legislature in March 2009 by LCDC in accordance with state law (ORS 197.405 – 197.410). The legislature approved the management plan under HB 3298 and directed LCDC to adopt the plan by administrative rule with three specific changes.
A hearing was held on December 3, 2009 in Camp Sherman. LCDC will hold the public hearing at the April meeting to:
- Receive a Hearings Officer report from the December 3 meeting,
- Receive additional oral comment regarding the proposed rule, and
- Consider and possibly adopt the rule.
The deadline for submitting written comments was December 3, 2009.
For more information, please contact Michael Morrissey at (503) 373-0050, ext. 320 or via e-mail at michael.morrissey@state.or.us.
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| Completed 2009-11 Projects |
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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.
- New administrative rules, 660-041 (Coming soon!)
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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.
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