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Rulemaking

Search Adopted Rules

A rule "interprets or prescribes law or policy" of a state agency (ORS 183.310). State boards and commissions are given the authority to write rules that define details and clarify how a statute or program will be carried out.

Almost any time the legislature passes a statute on land use planning, the Land Conservation and Development Commission (LCDC) needs to create or update rules so everyone can understand the processes and steps to best accomplish the legislature's intention. The legislature designates this power to the Land Conservation and Development Commission in ORS 197.040.

The rulemaking authority of LCDC is limited to rules that apply to land use. The guiding statute further lists specific steps that the commission must follow to ensure that interested parties and the public can give input.

This page describes rules that LCDC has proposed or recently adopted. Sign up for DLCD email notifications to receive updates on current rulemaking and upcoming public meetings for rulemaking advisory committees.

Current Rulemaking

To see planned rulemaking activities for the agency, review the DLCD Policy Agenda.

​The Land Conservation and Development Commission (LCDC) is considering adoption of amendments to an existing administrative rule, 660-033-0130 concerning criteria for approval of photovoltaic solar power generating facilities on high-value farmland and certain land identified as wildlife habitat.

The proposed rule amendments change the criteria for when a utility-scale solar facility may be approved on high-value farmland in an exclusive farm use zone, making less farmland eligible for a new facility. The proposal adds clarifying language to existing rules and deletes the sunset date for a requirement to complete an assessment of impacts to wildlife habitat by solar facility development. The proposal incorporates language from a temporary rule.

LCDC adopted a temporary rule amendment changing OAR 660-033-0130 concerning criteria for approval of solar facilities on January 25, 2019. LCDC will hold a public hearing to consider new comments on the rule amendments on May 23, 2019. Written comments will be accepted until May 7, 2019. Oral comments will be accepted until the close of the hearing.

​The Land Conservation and Development Commission (LCDC) is considering adoption of amendments to existing rules concerning amendments to urban growth boundaries using the simplified method, found in OAR 660-038.

The proposed rule amendments will: 1) clarify the disposition of certain types of lands that are devoted to public and similar uses as part of a buildable lands inventory; 2) clarify the treatment of lands that are split between multiple different plan or zoning designations; 3) update Table 5, measures local governments may take to promote housing within an existing urban growth boundary; and 4) update Tables 3 and 4 with more recent information regarding existing employment and projected employment growth.

LCDC will hold a public hearing for this rulemaking and may adopt the new and amended rules on January 24, 2019. Oral and written testimony will be accepted until the close of the hearing.

​The Land Conservation and Development Commission (LCDC) is considering adoption of a new administrative rule and amendments to existing rules concerning establishment of procedures for sequential submittal of an urban growth boundary amendment.

The proposed new rule, 660-025-0185, implements Senate Bill 418 (2017). The proposed new rule and amendments are necessary to establish procedures for carrying out the requirements of the legislation. The procedures affect only an optional process by which cities and counties may submit components of urban growth boundary amendment analyses in sequential phases to the Department of Land Conservation and Development for review and approval.

LCDC will hold a public hearing for this rulemaking and may adopt the new and amended rules on January 24, 2019. Oral and written testimony will be accepted until the close of the hearing.

Solar Facilities on High-value Farmland

In September 2018, the Land Conservation and Development Commission initiated rulemaking to consider possible amendments to existing rules that regulate siting of utility-scale solar power generating facilities on high-value farmland. The commission appointed a rulemaking advisory committee to assist the Department of Land Conservation and Development in development of rule amendments, if any.

See the rulemaking page for Solar Facilities on High-value Farmland.

Sequential UGB Submittal Process

In May 2018, the Land Conservation and Development Commission initiated rulemaking to consider a new administrative rule to implement a process for reviewing urban growth boundary (UGB) amendment submittals in sequential phases. The rule implements Senate Bill 418 (2017).

See the rulemaking page for Sequential UGB Submittal Process.

Adopted Rules

The following list provides DLCD adopted rules beginning 2017. All other rulemaking documents, RAC materials, or other related records for rules adopted earlier are available via public records request.

Public Participation in Rulemaking

The state's public meetings law requires public bodies, which includes the Land Conservation and Development Commission (LCDC) and its advisory committees, to notify interested parties before a meeting is held (ORS 192.640). This includes meetings to propose or consider new rules.

DLCD gives notice of LCDC rulemaking meetings in several ways. Its posts alerts on its website. It sends emails to persons requesting notice in advance. It also may send press releases to major news outlets on topics that seem to generate major public interest.

Sign up for email notifications.

The Land Conservation and Development Commission (LCDC) holds at least one public hearing for each set of rules it is considering. Any member of the public can speak to the committee at these hearings. Dates, locations and agendas for hearings rotate throughout the year, but are published in advance on the Commission Meetings page.

Other LCDC meetings are open to the public with few exceptions (ORS 192.630 to 192.660). Most meetings allow time for public comment, but not all. People also can submit their views by email or postal mail. Deadlines for submitting written information are listed by topic on separate rule-related pages of this website.

Submit written materials related to rulemaking as follows:

Email: casaria.taylor@state.or.us

Postal Mail:
Land Conservation and Development Commission
c/o Casaria Taylor
635 Capitol St., Ste. 150
Salem, Oregon 97301

Another way the Land Conservation and Development Commission (LCDC) receives input is through rulemaking advisory committees, or RACs. These committees provide specialized knowledge on a particular topic in an effort to reduce problems with rules after they're adopted.

The commission often creates RACs for large or complex topics. RAC members are chosen from among topic experts and stakeholder groups, such as other government agencies and professional associations.

RACs gather technical information, and consider environmental and social concerns. They research the fiscal impact of rules, and they consider the impact of rules on businesses.

The law also requires RAC meetings to be open to the public. A committee can take public testimony during meetings, but is not required to. People who want to reach a RAC outside of meetings can use the contact information provided on the specific rulemaking web page.

To learn more about advisory committees, or to volunteer to serve on a committee, contact our rulemaking coordinator.

Contacts

Casaria Taylor
Rules, Records & Policy Coordinator
casaria.taylor@state.or.us
Phone: 503-934-0065

Palmer Mason
Senior Policy Advisor
palmer.mason@state.or.us
503-934-0020

Sadie Carney
Policy Analyst & Communications Manager
sadie.carney@state.or.us
503-934-0036

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