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Rulemaking

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.

Recently Completed Rulemaking

The Land Conservation and Development Commission (LCDC and Commission) is considering the adoption of a rule related to goal exceptions in the Coos Bay Estuary in Chapter 660, Division 4 of the Oregon Administrative Rules. The purpose of the proposed amendment is to incorporate statutory changes that were made to ORS 197 during the 2023 Legislative Session. This is a conforming rulemaking and did not involve a Rules Advisory Committee or changes to language. The proposed rule will adopt the language from House Bill 3382.

The rule adds a new reasons exception to the local land use goal exception process specific to deep draft navigational channel improvements within the jurisdiction of the Oregon International Port of Coos Bay. If utilized and approved, this exception would allow the federal navigation channel to be widened and deepened in certain areas of the Coos Bay estuary where it otherwise would not be allowed. This type of modification would likely occur in combination with other port related activity to bring larger vessels to the Port of Coos Bay.

Notice of Proposed Rulemaking​

Final Filing Effective 02/02/2024​

​The Land Conservation and Development Commission (LCDC) is considering adoption of amendments to the attachment in Oregon Administrative Rules that prescribe standards guiding the Housing Capacity Analysis process as provided in House Bill 2003 (2019). The proposed amendments would update the attachment in administrative rules located within an already-established division in OAR Chapter 660, division 008 – Interpretation of Goal 10 Housing. The proposed amendment would not alter the requirements of the Housing Capacity Analysis process, or materially change how local governments comply with the program requirements under House Bill 2003 (2019). The proposed amendments serve two purposes: 1) to update the Housing Capacity Analysis schedule to reflect recent local government adoptions of these planning documents, and 2) to conform the schedule to recent statutory amendments adopted under HB 2001 (2023). The department recommends updates to the Housing Capacity Analysis Schedule attachments as an annual rulemaking task of LCDC. This ensures that local governments participate in the program using the most up to date information to guide local decision-making processes. 

Notice of Proposed Rulemaking

Final Filing Effective 02/06/2024​​​

Current Rulemaking

​The intent of this rulemaking is to improve consistency of application of these standards to land use decisions across the state and reduce unnecessary appeals.   This rulemaking will address caselaw standards related to four topics: ORS 215.296 (the ‘Farm Impacts Test’), Commercial Activities in Conjunction with Farm Use, the Agri-Tourism and Other Commercial Events ‘incidental and subordinate’ and ‘necessary to support’ standards, and Transportation Facilities on Rural Lands.  

Go to rulemaking page

Go to project page​

Local economic development is supported by Statewide Land Use Planning Goal 9. On November 3, 2023, the Land Conservation and Development Commission (LCDC) directed Department of Land Conservation and Development (DLCD) staff to begin a rulemaking effort to clarify use of the "Target Industries Approach" by cities in Economic Opportunities Analyses (EOAs). The intent of this rulemaking is to clarify any potential areas of ambiguity in the application of the Target Industries Approach.​

​Go to Goal 9 Target Industries Approach Rulemaking page​

​At their November 2, 2023, meeting, the Land Conservation and Development Commission directed Department of Land Conservation and Development (DLCD) staff to begin rulemaking to carry out the requirements of Section 35, House Bill 3409. The commission's charge includes, among other things, guidance for consulting with Tribal Governments, establishing the RAC, and an expectation that revisions to OAR Chapter 660, Divisions 4, 6, 23, and 33 will be identified for review and amendment.​

Go to rulemaking page​

House Bill 2001 (2023) directs LCDC to adopt and amend rules related to Goal 10 (Housing) and 14 (Urbanization) as well as housing and urbanization related sections of ORS 197.286 to 197.314. The intent of this rulemaking is to redirect the implementation of Goal 10 from a narrow focus on housing capacity towards a more comprehensive framework that emphasizes local actions to promote housing production, affordability, and choice within their community and across the state.

House Bill 2001 (2023) gives funding to DLCD to engage in a rulemaking process that will conclude by January 1, 2026.

LCDC is directed by statute to adopt rules in three major subject areas:
  1. Housing Needs and Production
  2. Housing Capacity and Urbanization
  3. Housing Accountability Framework

On November 2, 2023, the Land Conservation and Development Commission (LCDC) directed Department of Land Conservation and Development (DLCD) staff to begin rulemaking for Goal 5 cultural areas. While statewide land use planning Goal 5 lists Cultural Areas as important resources in Oregon, Oregon Administrative Rules (OAR) currently do not provide specific direction of how to consider these types of areas in Oregon Communities.​

Go to Goal 5 Cultural Areas Rulemaking Page​​​

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

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:​
Emailcasaria.taylor@dlcd.oregon.gov​

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@dlcd.oregon.gov
Phone: 971-600-7699

Palmer Mason
Senior Policy Advisor
palmer.mason@dlcd.oregon.gov
Phone: 503-269-2040