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Completed 2013-15 Rulemaking Projects

2013-15 Policy Agenda

 

Current rulemaking projects can be found on the department home page, under the heading "Current Rulemaking". For questions about rulemaking contact the department rules coordinator.

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November 15, 2013

On November 15, 2013, LCDC adopted amendments to OAR 660-006 (Forest Land) and 660-033 (Agricultural Land) for conformance with new state laws enacted in the 2013 legislative session. The rule amendments will become effective on January 2, 2014.

For questions about this rulemaking, contact Katherine Daniels at (503) 934-0069 or katherine.daniels@state.or.us.

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Completed 2011-13 Rulemaking Projects

 
 
 
January 23, 2013
LCDC Adopts Amendment to Territorial Sea Plan Part 5
The rule amendment includes new policies that apply to state and federal agency approvals for the location and operation of marine renewable energy power generation facilities in the Oregon Territorial Sea. The amendment includes a spatial plan map, project review procedures, operational requirements and the project review standards for protecting fisheries, ecological, recreation and visual resources.
 
The new rule (OAR 660-036-0005) and Part 5 of the Territorial Sea Plan can be viewed here.
 
For more information please contact Paul Klarin at (503) 934-0026, or send an e-mail.
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 February 1, 2013

LCDC Adopts Rule Amendments Regarding Hazard Response Facilities on Forest Land

This rulemaking adopts amendments to OAR 660-006-0005 and 0025(4) to allow the siting within forest zones of storage structures for emergency supplies to serve communities and households as part of tsunami preparedness planning efforts. Several coastal cities are in the process of identifying pedestrian evacuation routes for tsunami emergencies and seek to allow storage structures near designated assembly areas along these routes, to store essential items such as tents, clothing and medical supplies to be used by displaced households in the event of a tsunami event.

  

Adopted rule amendments include a definition for “storage structures for emergency supplies” and review criteria for the approval of these structures. Review criteria require that the structures be unable to be accommodated within UGBs, be located outside tsunami inundation zones, be consistent with evacuation maps prepared by DOGAMI or the local jurisdiction and be preferably co-located with existing already-approved uses. In addition, review criteria require that the structures be of a number and size no greater than are necessary, that the structures be managed by a local government entity and that written notification be provided to the County Office of Emergency Management prior to approval.
 
The rule amendments became effective on February 1, 2013.
 
 

For questions about this rulemaking, contact Katherine Daniels at (503) 373-0050 ext. 329 or Katherine.daniels@state.or.us.

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September 1, 2012

 

Notice of Proposed Amendments to division 24 Rules Concerning Regional Large Lot Employment Land in Central Oregon

 

 

Notice of Proposed Amendments to division 24 Rules Concerning Regional Large Lot Employment Land in Central Oregon
The Land Conservation and Development Commission (LCDC) is considering amendments to administrative rules at Chapter 660-024 to provide guidance to cities in Central Oregon when implementing the provisions of a regional large lot industrial land need study. The proposed rules would only apply to local governments in Crook, Deschutes and Jefferson counties who have entered into a local intergovernmental agreement (IGA) to allocate a limited number of large industrial sites to cities willing to fulfill an identified regional need for large industrial sites.

The proposed new and amended rules will provide procedures and requirements for determining large lot employment land need in a three county Central Oregon region (Crook, Deschutes and Jefferson Counties, and participating cities in those counties). The rules will include planning and zoning requirements for sites added to UGBs in response to the determined need, and will provide for urban growth boundary amendments to accommodate the need.

A public hearing will be held at the regularly scheduled Land Conservation and Development Commission (LCDC) meeting on Thursday, November 15, 2012, McMinnville Civic Hall, 200 NE 2nd St., McMinnville, Oregon. The meeting will begin at 8:30 a.m. The commission will take public testimony and consider a staff recommendation on the proposed permanent rules. Written comments will be accepted until the close of the hearing on November 15, 2012.

To obtain a copy of the draft proposed rule amendments, statements of need and fiscal impact, or to be placed on a mailing list, contact Casaria Taylor at (503) 373-0050 Ext. 322, or email Casaria.Taylor@state.or.us. Address written comments to the Chair of the Land Conservation and Development Commission, care of Casaria Taylor.

For questions about this rulemaking, contact Tom Hogue at (503) 373-0050 x323 or by email at Thomas.Hogue@state.or.us.

 

August 1, 2012

Notice of Proposed Amendments to division 44
Rules Concerning Scenario Planning for the Portland Metropolitan Area

 

 
The Land Conservation and Development Commission (LCDC) is considering amendments to administrative rules at Chapter 660-044 to guide Metro and local governments in the Portland Metropolitan area as they conduct land use and transportation scenario planning to reduce greenhouse gas emissions from light vehicle travel.   The proposed rules implement provisions of HB 2001, which require LCDC to adopt scenario planning rules by January 1, 2013.   The proposed rules would apply only to the Portland metropolitan area.  
The proposed rules would require Metro - in coordination with area local governments and other agencies – to develop, evaluate and cooperatively select a preferred land use and transportation scenario for meeting state adopted targets for reducing greenhouse gas emissions from light vehicle travel by 20% by the year 2035.
The proposed rules:
·          describe how Metro is to conduct scenario planning, including the factors Metro is required to consider in developing and selecting a preferred scenario.
·          require that Metro adopt a preferred scenario plan by December 2014 as an amendment to the regional framework  plan.
·          describe the process by which would LCDC would review and approve Metro’s preferred scenario.
·          outline the process for Metro and local governments to make necessary amendments to other regional and local plans to carry out the preferred scenario.  
 
The proposed rules would also require that Metro monitor and report on progress in carrying out the preferred scenario and to update the preferred scenario at regular intervals. 
 
Two public hearings on the proposed permanent rules are scheduled.   A hearings officer will conduct a public hearing on Monday, September 19 at the Metro Council Chambers (800 NE Grand Avenue, Portland)  beginning at 1:30 pm.   A public hearing will also be held at the regularly scheduled Land Conservation and Development Commission (LCDC) meeting on Thursday, September 20, 2012 at 635 Capitol St. (basement hearing room), Salem, Oregon. The meeting will begin at 8:30 a.m. The commission will take public testimony and consider a staff recommendation on the proposed permanent rules. Written comments will be accepted until the close of the hearing on September 20, 2012.
 
To obtain a copy of the draft proposed rule amendments, statements of need and fiscal impact, or to be placed on a mailing list, contact Casaria Taylor at (503) 373-0050 Ext. 322, or email Casaria.Taylor@state.or.us. Address written comments to the Chair of the Land Conservation and Development Commission, care of Casaria Taylor.
 
For questions about this rulemaking, contact Bob Cortright at (503) 373-0050 x241 or by email at Bob.Cortright@state.or.us.
 
 

 

 

 

 

 

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April 26, 2012

Notice of Proposed Amendments to division 33
Rules Concerning Photovoltaic Solar Power Generation Facilities
 
The Land Conservation and Development Commission (LCDC) is considering amendments to administrative rules at OAR chapter 660-033-0130, regarding the siting of commercial photovoltaic solar power generation facilities on Oregon’s farm and ranch lands.  In October 2011, the commission finalized rules in OAR 660 Division 33, related to siting of solar photovoltaic energy generation facilities on farmland. The adoption of the rules culminated over one year’s study of the issue, and included recommendations from a rules advisory committee. In the 2012 legislative session, the House Energy, Environment and Water committee held an informal briefing regarding siting of solar facilities and invited LCDC chair Worrix and Governor Kitzhaber’s Natural Resources Advisor Richard Whitman to testify. During the hearing, LCDC was requested to consider revising its recently adopted rule to raise the allowable acreage threshold for siting a solar photovoltaic from 100 acres to 250 acres on non-arable EFU zoned lands facility without taking an exception to Goal 3. Chair Worrix agreed to take that request to the commission. 
The proposed rule amendment then, raises the threshold for a permit for development on non-arable farmland to 250 acres as a conditional use. Applications for a development size between 100 and 250 acres would be processed by the Energy Facilities Siting Council (EFSC), using DLCD rules.
 
A public hearing regarding the proposed permanent rules will be held at the regularly scheduled Land Conservation and Development Commission (LCDC) meeting on Thursday, May 10, 2012 at 635 Capitol St. (basement hearing room), Salem, Oregon. The meeting will begin at 8:30 a.m. The commission will take public testimony and consider a staff recommendation on the proposed permanent rules. Written comments will be accepted until the close of the hearing on May 10, 2012.
 
To obtain a copy of the draft proposed temporary rule amendments, statements of need and fiscal impact, or to be placed on a mailing list, contact Casaria Tuttle at (503) 373-0050 Ext. 322, or email casaria.r.tuttle@state.or.us. Address written comments to the Chair of the Land Conservation and Development Commission, care of Casaria Tuttle.
 
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
 
 
March 30, 2012
Notice of Proposed Rule Amendments to division 35
 
The Land Conservation and Development Commission (LCDC) is considering amendments to the following administrative rule: OAR 660, div 35 (Federal Consistency).
 
LCDC will hold a public hearing May 10, 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.
 
A draft of the proposed rules and other notices and fiscal statements are available below. To obtain copies of the proposed rule amendments, proposed new rule and related information by mail, email or fax, please contact Casaria Taylor at 503-373-0050 Ext. 322; email.  The agenda for LCDC’s May 10 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. Fax comments to 503 378-6033. If you have questions about the proposed rules, please contact Juna Hickner at (503) 373-0050 Ext. 253; or by email
 
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.
 
 
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January 27, 2012
 
LCDC Adopts Rule Amendments to Conform to Statute
 
On January 27, 2012, LCDC modified a number of administrative rules in order to implement new state laws enacted in the 2011 legislative session.  LCDC amended the following:
  1. OAR 660, divisions 7 and 8, regarding needed housing
  2. OAR 660, division 18, regarding notice of local government changes to comprehensive plans and land use regulations (F.A.Q.)
  3. OAR 660, division 25 regarding periodic review
  4. OAR 660, division 27, regarding roads in Metro Urban Reserves
  5. OAR 660, division 28, regarding the Transfer of Development Rights Pilot Program (F.A.Q.)
  6. OAR 660, division 33, regarding uses on farm land (F.A.Q.)
 
You may want to pay particular attention to the division 18 modifications. The legislature amended ORS 197.610 through 197.625 in the 2011 legislative session (HB 2129).  As a result, the notice period to DLCD for a proposed change to a local plan or ordinance is now 35 days rather than 45 days (prior to the first evidentiary hearing). There are other important changes to rules in this division.
 
If you have questions about the amended rules, contact Bob Rindy at 503-373-0050 ext. 229; or email bob.rindy@state.or.us
 
For additional information regarding rule changes to divisions 28 and 33, please contact Katherine Daniels at 503-373-0050 ext. 329; or email katherine.daniels@state.or.us
 
 
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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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