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
Recently Completed Rulemaking
- Amend OAR 660-036 updating the Territorial Sea Plan Part 3 (Filing)
- Amend OAR 660-008 updating the Housing Capacity Analysis Schedule attachment to the rule. (Filing)
- Amend OAR 660-001 updating the reference to the Oregon Attorney General Model Rules Manual. (Filing)
To see planned rulemaking activities for the agency, review the
DLCD Policy Agenda.
In February 2020, Governor Kate Brown issued
Executive Order 20-04, directing agencies to reduce climate pollution. In response, the Land Conservation and Development Commission (commission) is considering updating Oregon's
Transportation Planning Rules and related administrative rules.
This rulemaking is narrowly focused to create a reasons exception pathway under Goal 2: Land Use Planning for public, ocean-fronting roads that are subject to coastal erosion hazards. Currently, public roads are not included in the definition of development eligible for shoreline armoring under
Goal 18: Beaches and Dunes. Shoreline armoring is the placement of structural material on the oceanfront with the intention of minimizing the risk of coastal erosion to development (e.g., riprap, seawalls). This specific reasons exception will provide an option for public roads and highways (such as Highway 101) along the oceanfront and built as of January 1, 1977 to seek protection from coastal erosion through shoreline armoring permits.
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@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.