Skip to main content

Oregon State Flag An official website of the State of Oregon »

Oregon.gov Homepage

Rulemaking

A rule "interprets or prescribes law or policy" for a state agency (ORS 183.310). State boards and commissions have the authority to write rules that clarify details and implementation of statutes or programs. 

The Land Conservation and Development Commission (LCDC) must usually create or update rules whenever the legislature passes a land use planning statute. This ensures everyone understands the steps to achieve the legislature's intent. ORS 197.040 grants this authority to the LCDC. 

LCDC's rulemaking authority applies only to Oregon's 19 Statewide Land Use Planning Goals. The statute also outlines steps the commission must follow to allow public and interested party input. 

Once approved and filed with the Secretary of State, a rule is adopted and available on the Oregon Secretary of State’s Administrative Rules website.

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

Open for Public Review and Comment

Click here to submit a comment through an online form. If no rules appear in this section, there are no rules currently open for comment. This section contains draft rules under the Rulemaking Advisory Committee process, the formal Secretary of State process, and other community engagement efforts.

​Background

The Land Conservation and Development Commission (LCDC) adopted administrative rules in 2021 to provide temporary sheltering and interim housing options for people displaced by the 2020 wildfires. Many impacted property owners rebuilt their dwellings within the five-year time period specified in the 2021 rules. Other property owners have not rebuilt yet and need more time.

The petitioner —​ Lane County — requests that LCDC extend the replacement period for dwellings destroyed by wildfire from five years to ten years.
 
Current Status
At this time, DLCD requests public comment on this petition for rulemaking and on whether options exist for achieving this regulation's substantive goals in a way that reduces negative economic impact on businesses.

Following ORS 183.390(3), DLCD shall, in reviewing this petition, consider:

(a) The continued need for the rule
(b) The nature of complaints or comments received concerning the rule from the public
(c) The complexity of the rule
(d) The extent to which the rule overlaps, duplicates or conflicts with other state rules or federal regulations and, to the extent feasible, with local government regulations
(e) The degree to which technology, economic conditions or other factors have changed in the subject area affected by the rule; and
(f) The statutory citation or legal basis for the rule

The department has scheduled an on-line public information session for 11:00 AM on Friday, November 21, 2025.  Meeting information is as follows:

https://zoom.us/j/6644773978?pwd=ZFZ5VGFVZ3pJcXlENDBETkZPWHgwQT09&omn=94054483763 
Meeting ID: 664 477 3978
Passcode: 8675309

Commenting
Please provide any comments, in writing to the agency prior to Friday, December 5, 2025, at 5:00 PM. Comments must be provided in writing to:

               Casaria Taylor
               Senior Rules Coordinator
               635 Capitol St. NE, Suite 150
               Salem, OR 97301-2540
               or by email at: casaria.taylor@dlcd.oregon.gov

Other Materials


Current Rulemaking

Farm Stand Rulemaking Paused

These are rulemaking projects with active rulemaking advisory committees, technical advisory committees, or workgroups. Click the link for more information about the rulemaking project and contact information.

The Oregon Housing Needs Analysis (OHNA) represents the most significant revision to the state's housing planning system since its inception 50 years ago. The entire state is experiencing a housing crisis. Prior to the OHNA, Oregon's housing planning system planned for and invested in too little housing resulting in undersupply, rising home prices, segregation and displacement in some communities, and deepening inequities across all communities. The Oregon Legislature and Governor Tina Kotek have directed the Department of Land Conservation and Development (DLCD) to iterate housing planning in the state to ensure that all Oregonians have access to safe, affordable housing in their communities of choice that meets their needs.

What's Proposed

The Land Conservation and Development Commission (LCDC or Commission) determined that rulemaking could be categorized into three major topic areas, with direction and deadlines specific to each: 1. Housing Needs and Production 2. Housing Capacity and Urbanization 3. Housing Acceleration.

Housing Needs and Production includes changing the determination of “needed housing“ to align with the Oregon Housing Needs Analysis and plan for a greater diversity of housing choices with flexibility in location and characteristics. Additionally, the bill changes the Housing Production Strategy statute (ORS 197.290) to align with fair housing planning, which will require further operationalization in rule and guidance.

Housing Capacity and Urbanization includes providing robust rules and guidance to provide clarity and certainty on appropriate methodologies to inventory buildable lands and calculate housing capacity as well as in relationship to urbanization processes to facilitate a UGB amendment where a need is identified. This includes work related to the buildable lands inventories, UGB amendments, UGB land exchanges, and urban reserves. Where possible, this work should be closely coordinated with public facilities planning to ensure that land within or brought into the Urban Growth Boundary is development ready.

Housing Acceleration establishes a framework by which DLCD evaluates local government progress towards housing production targets and outcomes. DLCD and LCDC will need to articulate a clear and consistent framework by which local governments progress is tracked and evaluated, as well as when cities are referred into the acceleration program, the scope and extent of issues that are evaluated, and the steps necessary to ensure that cities are taking meaningful actions within their control to facilitate housing production, affordability, and choice.

Background

House Bill 2001 (2023) directs the Land Conservation and Development Commission (LCDC) to adopt and amend rules related to housing and urbanization, Land Use Planning Goals 10 and 14.

The goal of this rulemaking is to implement the Oregon Housing Needs Analysis (OHNA) Program which redirects the implementation of Goal 10 towards a more comprehensive framework. This policy will fundamentally shift Oregon's approach to housing planning in a way that empowers cities to take actions that meaningfully increase housing production, affordability, and choice.

Current Status

The Land Conservation and Development Commission will deliberate and potentially adopt the OHNA rules​ at their December 4, 2025, hearing in Salem. 

Meeting details and materials will be available on the Commission meeting page​. The meeting will be livestreamed on the department's YouTube Channel.

A public hearing was held at the Land Conservation and Development Commissions October 23-24, 2025, meeting.​

Public Comment Period Notice of Proposed Rulemaking Including Statement of Need & Fiscal Impact filed with the Secretary of State September 29, 2025 (tracked changes version)

Model Code Drafts:

The public comment period closed on November 7. Comments received may be viewed here​.​

For more information about the rulemaking please email housing.dlcd@dlcd.oregon.gov. Sign up to receive email updates here.
​​

HAWG and CAUTAC related rules are required to be adopted before January 1, 2026.​

Rulemaking Advisory Committee

Housing Capacity and Urbanization Technical Advisory Committee (CAUTAC)

Housing Actions Work Group (HAWG)


​RAC Meeting #16

A RAC meeting is scheduled to be held on October 29, 2025​ 9:00am - 12:00pm

CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on October 21, 2025 1:30pm - 3:00pm

HAWG Meeting

A HAWG meeting is scheduled to be held on October 15, 2025 9:00am - 12:00pm


CAUTAC Meeting​

A CAUTAC meeting is scheduled to be held on September 16, 2025 1:30pm - 3:00pm


CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on September 4, 2025 1:30pm - 3:00pm


RAC Meeting #15

A RAC meeting is scheduled to be held on August 27, 2025 9:00am - 12:00pm


CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on August 21, 2025 1:30pm - 3:00pm


HAWG Meeting

A HAWG meeting is scheduled to be held on August 20, 2025 9;00am - 12:00pm


CAUTAC Meeting
A CAUTAC meeting is scheduled to be held on August 7, 2025 1:30pm - 3:00pm


CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on July 17, 2025


HAWG Meeting

A HAWG meeting is scheduled to be held on July 16, 2025

RAC Meeting # 14

A RAC meeting is scheduled to be held on July 9, 2025

CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on July 3, 2025

HAWG Meeting

A HAWG meeting is scheduled to be held on June 18, 2025

CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on June 17, 2025

RAC Meeting # 13

A RAC meeting is scheduled to be held on June 11, 2025

CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on June 5, 2025

HAWG Meeting

A HAWG meeting is scheduled to be held on May 21, 2025

CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on May 15, 2025

RAC Meeting # 12

A RAC meeting is scheduled to be held on May 7, 2025

CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on May 1, 2025

HAWG Meeting

A HAWG meeting is scheduled to be held on April 23, 2025

CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on April 17, 2025

HAWG Meeting

A HAWG meeting is scheduled to be held on April 16, 2025

RAC Meeting # 11

A RAC meeting is scheduled to be held on April 9, 2025

CAUTAC Meeting

A CAUTAC meeting is scheduled to be held on April 3, 2025

HAWG Meeting

A HAWG meeting is scheduled to be held on March 19, 2025



Background

When wetlands are known to exist in a UGB expansion area, Oregon Administrative Rules 660-023-0100 and 660-023-0250 require completion of a local wetlands inventory (LWI) in the expansion area. Under current estimates, necessary field work, data compilation, and Department of State Land (DSL) approval of an LWI can take two or more years. DLCD staff have heard from cities that the rules do not provide sufficient direction for navigating this period while simultaneously preparing for housing development and urbanization. DLCD staff have been coordinating closely with DSL and Governor Kotek's office to develop a strategy to address this issue.

Statewide Land Use Planning Goal 5 is intended to protect natural resources, scenic and historic areas, and open spaces. A city's comprehensive plan must be compliant with rules in OAR 660-023 that implement Goal 5. Specifically, division 23 requires that cities must apply the resource-specific rules to Goal 5 resources, including wetlands, when a city “amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area" (OAR 660-023-0250(3)(c).

The reason for this Goal 5 process is that LWIs provide much better information on the location and extent of wetlands than other data sources, such as the National Wetlands Inventory or the Statewide Wetland Inventory. LWIs also describe the functions each wetland provides. LWIs and local Goal 5 wetland protection measures preserve important wetland functions in place, which in turn improve flood mitigation, surface water quality protection, ground water recharge, and important cultural resources.

DLCD staff, in partnership with staff from DSL, will assemble a rulemaking advisory committee (RAC) to develop a policy approach that would allow cities to annex and zone new urban lands for residential development more quickly, while protecting wetlands until the city completes the Goal 5 process. To implement this strategy, the Land Conservation and Development Commission would need to adopt amendments to OAR 660-023-0100 and 660-023-0250. Rule amendments would allow housing development to proceed in non-wetland areas based on a DSL-approved determination of upland or wetland delineation. Once a city completes an LWI and adopts local protections for significant wetlands, a city could approve development in non-significant wetlands when authorized under a DSL wetland removal-fill permit.

Current status

The department is currently soliciting applications to serve on the RAC. The application period closes at 11:59 p.m. on November 12, 2025. The department is seeking community members from the following perspectives to serve on the RAC.

  • City and county staff with knowledge and experience of wetland issues from communities of various sizes around the state 
  • Local government staff with a focus on housing and economic development planning 
  • Professional wetland consultants 
  • League of Oregon Cities 
  • Association of Oregon Counties 
  • Metro regional government 
  • Oregon tribes 
  • Property owners 
  • Developers 
  • Environmental advocates 
  • Housing interests 

Department staff expect that the RAC will meet virtually monthly from December 2025 to February 2026, with an additional meeting after LCDC's public hearing in April. Meetings will be approximately two hours. Community members will be able to view RAC meetings on DLCD's YouTube channel and are welcome to email comments to staff throughout the rulemaking process. RAC meeting materials will be made available on DLCD's rulemaking website. LCDC is anticipated to adopt the amended rules in June of 2026.   

If you or someone you know is interested in participating in this important work, there are two options: (1) apply to be a RAC member, and/or (2) provide written comments. 

Questions about the RAC or general questions about the project? Contact Kevin Young at kevin.young@dlcd.oregon.gov, 503-602-0238. 

 Stay informed! Sign up for GovDelivery notifications on this topic. Information, meeting schedules, agendas, and meeting materials will also be published on the DLCD rulemaking website. 

RAC Meeting #1: Dec, 8 2025 2:30- 5 p.m.




​

Background

Cultural areas are a Statewide Land Use Planning Goal 5 resource category that, until December 2024, lacked an implementing rule in Oregon Administrative Rules chapter 660, division 23 (division 23).  Division 23 is a set of rules for implementing Goal 5. Division 23 was adopted in 1996 with an intention to add a rule for cultural areas later. Nearly thirty years later, cooperation with tribes, local government representatives, and other advisory committee members, DLCD staff drafted a rule to guide identification, assessment, and protection strategies for these important resources for current and future Oregonians.

The rule defines cultural areas as archaeological sites and landscape features of cultural interest.

As defined in state law, an archaeological site is a place where archaeological objects are located and preserved so that the contextual associations of the objects with each other or organic remains and geological deposits can inform our understanding of the site's origin.   

Landscape features of cultural interests are known to tribes and culturally identified groups. For tribes, these may include sites: integral to a tribe's history, legends, traditions, and stories; traditionally used for wayfinding; traditionally used for gathering first foods and materials; integral to ongoing tribal cultural practices; traditional trails. For other culturally identified groups they include sites that are important to the history and experience of that group.

Upon receipt of an application to add a landscape features of cultural significance to a local inventory, local governments will hold a public process to evaluate and decide for which sites local protection measures will be applied.

DLCD staff have identified several discrete refinements to recommend the Land Conservation and Development Commission (commission) consider at their March 2025 meeting. These pertain to who can bring an application forth to amend a comprehensive plan to place a culturally significant landscape feature on a local inventory, and how local governments should process this type of application. A third area of clarification pertains to Metro's urban growth boundary expansion process.

For information on the 2024 rulemaking please see the previous rulemaking webpage.

Current status

Public comment closed on October 31, 2025 at 11:55 pm. Comments submitted during the public comment period (September 1, 2025 – October 31, 2025) may be found on the Land Conservation and Development Commission's website for their September hearing here.

Land Conservation and Development Commissioners are expected to deliberate and consider rule adoption at their December 4-5, 2025 meeting. Commissioners will not accept public comment at this meeting. The packet will be available on November 20, 2025 on the commission page here.

Please sign up to receive updates here or reach out to staff at 503-373-0050 or via email at dlcd.goal5ca@dlcd.oregon.gov. 

Click h​ere​ for an informational flyer for local governments

​

Rulemaking Advisory Committee information

The commission reopened the rulemaking at its March 2025 meeting. Members of the rulemaking advisory committee (RAC) for the 2024 rulemaking that resulted in adoption of OAR 660-023-0210 were invited to serve on the RAC for this rulemaking wiht the addition of a representative of Metro's regional government. View the RAC membership here. 


RAC meeting schedule: 

RAC Meeting #1: May 22, 2025 1-3 p.m.


RAC Meeting #2: June 12, 2025 2-4 PM

​RAC Meeting #3: July 18, 2025 1-3 PM

RAC Meeting #4: October 14, 2025 3-4:30 PM

Local Government Work Sessions

DLCD, the League of Oregon Cities, and the Association of Oregon Counties cosponsored four implementation work sessions for local governments in September and October. September 4 and October 29 were more formal webinars, with two open houses in between.

​Public Comments

This rulemaking had open comments until Oct 31, 2025 and are posted​ here​.​


​Summary

DLCD is leading a rulemaking effort to create rules related to maintaining and improving public access to Oregon's coastal shorelines. The purpose of the rules is to clarify local government requirements under Statewide Planning Goal 17.

There are two major pieces of public policy that provide and protect public access rights to the coast; the Oregon Beach Bill of 1967 and Statewide Planning Goal 17 Coastal Shorelands. Oregon Statewide Land Use Planning Goal 17 covers Coastal Shorelands, and among other things, requires that cities and counties in coordination with the Oregon Parks and Recreation Department have plans to provide public access to the beach. The goal also requires local governments to protect those access sites and replace them if they are lost. This goal provision is broad and there is currently no implementing rule related to it.

DLCD convened a Coastal Access Advisory Team (CAAT) throughout 2022 and 2023 to engage tribes and partners on how to help strengthen this provision, and to ascertain whether some ideas were suitable for rulemaking, guidance, grants, or other assistance to local governments. To help implement these recommendations, DLCD, with direction from the commission, is initiating a rulemaking to advance some of the ideas and recommendations. These include defining terms related to public access; requiring certain minimum information to be included in programs to provide increased public access; increasing coordination with relevant agencies (e.g., Oregon Parks and Recreation Department) and with tribes; enhancing the protection of natural and cultural resources; considering impacts from coastal hazards; and providing more clarity on rights of way and public easements that provide public access. Such a rulemaking will help clarify public access requirements for coastal local governments.​


Work Plan

October 2025: LCDC initiates rulemaking

November 2025: RAC member applications open

December 2025: RAC appointment and orientation

January – May 2026: RAC meets; rules drafted

April 2026: LCDC public hearing; geographic hearing

June 2026: LCDC deliberation and adoption

Rulemaking Advisory Committee Information

Apply to be on the Coastal Public Access Rulemaking Advisory Committee (RAC)

Application period is open October 29 through November 12, 2025.

Sign up for GovDelivery to stay informed on the rulemaking effort.

The RAC will provide input on the draft rules related to the identification, maintenance, coordination, and improvement of public access to coastal shorelines as led by local governments.


RAC Meeting Schedule

Exact meeting dates are to be determined. We anticipate 4 virtual-only meetings between December 2025 and May 2026 for approximately 3 hours each meeting. Meetings will take place during weekdays and working hours approximately 4-6 weeks apart.

The RAC will provide input on draft rules related to the identification, maintenance, coordination, and improvement of public access to coastal shorelines as led by local governments.​





Please see updated notice on the pause of this rulemaking.​

Background​

Land in exclusive farm use zones is mainly for farming, with only certain other uses allowed by law. One permitted use is a farm stand that sells locally grown crops or livestock. The stand can also sell some related retail items and host events to promote its products. However, income from events and retail sales cannot exceed 25% of the farm stand's total earnings. Every county i​n Oregon must allow farm stands under these rules and cannot impose stricter limits.

The existing statutes for farm stands are ORS 215.213(1)(r)/215.283(1)(o): “…the following uses may be established in any area zoned for exclusive farm use: …Farm stands if:  (A) The structures are designed and used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and (B) The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment."

The Phase 1 Farm Stand Rulemaking will explore five topics identified by the 2025 legislative agri-tourism work group:

  • Primary Use Test
  • Promotional Activities Outside and Inside Farm Stand Structures
  • Activities that Promote Sale of Farm Products, the Farm Operation Itself, or Agriculture
  • Prepared Foods with a Direct Tie to the Farm Operation or the Local Agricultural Area
  • Impacts on Neighboring Farms
While the Land Conservation and Development Commission (LCDC) has the authority to interpret and clarify the statutory provisions copied above in order to help answer some of these questions, it cannot revise the standards established by the legislature.  A rulemaking on this topic will consider needed clarifications to the farm stand statutes.   
 
Following adoption of the Phase 1 Farm Stand Rulemaking, the agency will produce a recommended workplan for rulemaking phases addressing agri-tourism and other commercial events, the use of soils reports, replacement dwellings and non-farm dwellings. See the 2025 Farm Stand Rulemaking Fact Sheet​ for more information.

Current Status

At Governor Kotek’s request, this rulemaking is currently paused.

Rulemaking Advisory Committee

Rulemaking Advisory Committee Roster​

RAC meetings will be livestreamed via the DLCD Youtube channel.  

RAC Meeting #1 | May 16, 2025 1–4 p.m.


RAC Meeting #2 | June 3, 2025 9 a.m.–noon

Agenda​

RAC Meeting #3 | June 2​4, 2025 ​1–4 p.m.​

​Agenda

RAC Meeting #4 | July 18, 2025 9 a.m.–noon


Continuation of RAC Meeting #4 | July 24, 2025 1-4 p.m.

Agenda
RAC Meeting #5 | Date and time to be determined

Please note, written comments are accepted at any time to farmforest.comment@dlcd.oregon.gov. Only written comments become part of the public comment record.​


Key Dates

LCDC initiated the rulemaking at its March 2025 meeting.  At Governor Kotek’s direction, DLCD is pausing this rulemaking to reassess next steps. DLCD is postponing issuing proposed draft rules in the Secretary of State’s Bulletin for public comment at this time.

Get Involved

Written comments may be submitted by emailing farmforest.comment@dlcd.oregon.gov.

Questions about the RAC or general questions about the project? Contact Hilary Foote at hilary.foote@dlcd.oregon.gov​​.

​

Summary​

The Oregon Legislature passed two bills in the 2025 Legislative session directing the Land Conservation and Development Commission (LCDC) to adopt Oregon Administrative Rulemaking to reduce barriers to housing production and streamline development regulations – House Bill 2138 (HB 2138) and House Bill 2258 (HB 2258).

  • HB 2138 was written to help produce middle housing, both prefabricated and sitebuilt, and other housing types such as manufactured dwellings, accessory dwelling units, and single-room occupancies, in cities across the state. The intent is to further equitable housing outcomes and increase access to homeownership opportunities. Finally, the bill directs the commission to adopt a model system development charge methodology. The bill directed LCDC to adopt rules by January 1, 2028.
  • HB 2258 establishes a program referred to as “Oregon Homes.” The intent of this program is to provide a suite of “permit ready” building plans that will be preapproved for development on eligible sites throughout the state. This program is intended to make the permitting and review process faster and more predictable. The Department of Land Conservation and Development (DLCD) and the Building Codes Division (BCD) of the Department of Consumer and Business Services (DCBS) are directed to coordinate on rulemaking to implement this program.​
Rulemaking Advisory Committee Information
DLCD and LCDC are establishing a Rulemaking Advisory Committee (RAC) to support the development of Oregon Administrative Rules (OARs) implementing these two bills. The Rulemaking Advisory Committee will consist of diverse interested parties that will provide high-level policy direction and feedback. 

The RAC is expected to meet 12 to 14 times between January 2026 and October 2027.

The Rulemaking Advisory Committee will be supported by at least two Technical Advisory Committees, one for each bill. Technical Advisory Committees are smaller groups of technical experts that regularly meet for shorter, lightly facilitated meetings.

Rulemaking Advisory Committee Application
To apply for consideration to serve on the Rulemaking Advisory Committee, please complete this application by 11:59 p.m., Sunday, November 30, 2025.

Sign up for GovDelivery​ to stay informed on this rulemaking.


Recently Adopted Rules
Rulemaking materials from rules adopted in the last six months can be found below. See our full list of current laws and rules for the Department of Land Conservation and Development here. 

The Land Conservation and Development Commission (LCDC or commission) adopted amendments to update Tables 3 and 4 in OAR 660-038, Simplified Urban Growth Boundary Method, with more current employment and projected employment growth data. 

For questions about this rulemaking, please contact Leigh McIlvaine, Economic Development Specialist at leigh.mcilvaine@dlcd.oregon.gov.

Current Status

The Land Conservation and Development Commission approved the 2025 Simplified Urban Growth Boundary Method Employment Tables Update on June 27, 2025. The rules were filed with the Secretary of State (SOS) on July 7, 2025, with an effective date of July 7, 2025.

Final Rule Language and Related Materials ​​

• Permanent Administrative Order LCDD 02-2025 (tracked changes version)​​​

Draft Rule Data and Related Materials

• Employment Data Tables 3 and 4 (Combined)
• Staff Report for LCDC Public Hearing

​In 2016, the Oregon Legislative Assembly passed House Bill 4079, which established a pilot program for the construction of affordable housing. The program allowed two cities, one with a population over 25,000 and one with a population less than 25,000, to approve affordable housing on land outside but adjacent to the city’s urban growth boundary (UGB).  The affordable housing opportunities contemplated by HB 2160 were to be carried out through a UGB expansion of up to 50-acres.

In 2021, the Legislative Assembly enacted House Bill 2160, which allowed LCDC to consider an application from the City of Pendleton under the pilot program. Furthermore, House Bill 2160 specified that the city's application must be submitted to, and approved by, the commission on or before June 30, 2023.  

A variety of reasons compromised the City's ability to provide an application to LCDC within the timeframe specified in HB 2160.  In response, the Oregon Legislative Assembly passed House Bill 2127, which removed the deadline for the City of Pendleton to submit an application to a pilot project program for affordable housing and established a program sunset date of January 2, 2028.

The pilot program for the construction of affordable housing established by the Legislature is implemented through administrative rules located at OAR chapter 660, division 39. Subsequent review of lands adjacent to the City of Pendleton Urban Growth Boundary has revealed that current language contained in the administrative rules may unnecessarily limit application of the affordable housing pilot program.  More specifically, lands that are technically considered high-value farmland under the existing definitions at OAR chapter 660, division 39 are present in locations that would otherwise be available for consideration.

The new rule is necessary to enable the City of Pendleton's application to expand its UGB for the purpose of approving affordable housing on lands outside but adjacent to the city’s UGB as part of a pilot program to be submitted to, and approved by, the commission on or before January 2, 2028.

Current Status
The public comment period for this rulemaking will be open until the close of the public hearing on October 23, 2025.

The Department of Land Conservation and Development (DLCD) will host a Geographic Hearing in Pendleton, Oregon on October 22, 2025.  The Hearing will be held in the Pendleton Fire Station, located at 1455 SE Court Ave., and will begin at 6:00 PM.

Details regarding remote participation in the October 22, 2025, Geographic Hearing are as follows:
The Land Conservation and Development Commission (LCDC) will hold a Public Hearing on October 23, 2025. The LCDC meeting will begin at 8:00 AM and will occur virtually.

Details regarding remote participation in the October 23, 2025, LCDC Public hearing are as follows:
Comments can be submitted:
  • Online form
  • Email: Casaria.taylor@dlcd.oregon.gov
  • Written comments may be submitted to:
  • Chair of the Land Conservation and Development Commission c/o Casaria Taylor 635 Capitol St., Ste. 150 Salem, Oregon 97301

Notice of Proposed Rulemaking 


Other Materials
  • ​Petition for Rulemaking submitted by the City of Pendleton, Oregon, on September 19, 2025

​


Housing Capacity Analy​sis and Housing Production Strategy Schedule Update – Recently Adopted Rule

The Land Conservation and Development Commission (LCDC) adopted amendments to the Housing Capacity Analysis (HCA) and Housing Production Strategy (HPS) schedule, which is an attachment to Oregon Administrative Rule (OAR) 660-008-0045. The amendments update the schedule that outlines deadlines for local governments to complete an HCA and HPS, as required by House Bill 2003 (2019). The amendments do not alter the requirements of the Housing Capacity Analysis or Housing Production Strategy. Instead, they ensure the schedule accurately reflects HCA and HPS deadlines based on local jurisdictions' progress. The updates align with recent local government adoptions of these planning documents. The Department of Land Conservation and Development (DLCD) staff recommends updates to the HCA and HPS schedule as an annual rulemaking task of LCDC. This ensures that local governments have access to the most current schedule, supporting informed decision making in housing planning and compliance with Goal 10-Housing.

​
Current Status

The Land Conservation and Development Commission approved the Housing Capacity Analysis and Housing Production Strategy Schedule update on March 20, 2025. The rules were filed with the Secretary of State (SOS) on March 25, 2025, with an effective date of April 1, 2025.

Final Rule Language and Related Materials

​Improving access to renewable energy is important for the future of our state and our nation. Oregon is fortunate to have a reliable solar resource, which is even stronger on the east side of the Cascade Mountain Range. Advances in technology are allowing commercial photovoltaic solar facilities to deliver clean electricity to the grid at more affordable price points.​ See a summary of the adopted rules​.

What's Proposed

At its 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.

The best possible outcome of this rulemaking effort would include identifying sites that support development of photovoltaic solar projects that do not unnecessarily encroach upon other resources treasured by Oregonians. Areas of cultural significance and wildlife habitat, as well as important areas for commercial farming, ranching, and forest activities are a few examples of important resource values. The next step would be to encourage development of identified sites with projects that will help meet Oregon's clean energy goals.

Background

The 2023 Oregon Legislative Assembly passed HB 3409. Section 35.(2) of this bill directs the Land Conservation and Development Commission (LCDC) to consider and adopt administrative rules for the purpose "Finding Opportunity and Reducing Conflict in Siting Photovoltaic Solar Power Generation Facilities." The bill focuses attention on Eastern Oregon, requires consideration of a variety of natural resource and community values, promotes coordination with Tribal, State, and Local governments, and requires the appointment of a diverse Rulemaking Advisory Committee (RAC).

Current Status

The comment period is open from November 1, 2024 – April 30, 2025. After the comment period is concluded and comments addressed, this proposed rule will be presented at a future meeting of the Land Conservation and Development Commission for a decision.

Public Comment Period

Notice of Proposed Rulemaking Including Statement of Need & Fiscal Impact filed with the Secretary of State October 31, 2024 (tracked changes version)

A public comment period is open through Wednesday, April 30, 2025, at 11:59 p.m.

A public hearing took place at the Land Conservation and Development's March 20, 2025 meeting. The agenda for this meeting is available online. A recording of the meeting is available on the department’s YouTube Channel​.

A local Geographic Hearing was held March 13, 2025 at the Prineville City Council Chambers. Comments received at that hearing were included in the March 20, 2025 LCDC materials. ​

Written comments may be submitted by:

  • Email: Casaria.taylor@dlcd.oregon.gov
  • Online form
  • Mail: Rules Coordinator, Department of Land Conservation & Development
    635 Capitol St., Ste. 150
    Salem, Oregon 97301

Rulemaking Advisory Committee


RAC Final Meeting

A RAC meeting will be held on April 22, 2025

RAC Meeting #13

A RAC meeting was held on April 2, 2025

RAC Meeting #12

A RAC meeting was held on February 20, 2025

RAC Meeting #11

A RAC meeting was held on January 9, 2025

RAC Meeting #10

A RAC meeting was held on December 18, 2024

RAC Meeting #9

A RAC meeting was held on December 5, 2024

RAC Meeting #8

A RAC meeting was held on November 13, 2024

  • RAC Meeting #8 Materials
  • RAC Meeting #8 Recording

RAC Meeting #7

A RAC meeting was held on November 5, 2024

RAC Meeting #6

A RAC meeting was held on October 1, 2024

RAC Meeting #5

A RAC meeting was held on August 28, 2024

RAC Meeting #4

A RAC meeting was held on July 17, 2024

RAC Meeting #3

A RAC meeting was held on May 30, 2024

RAC Meeting #2

A RAC meeting was held on April 18, 2024

RAC Meeting #1

A RAC meeting was held on March 12, 2024

RAC Meeting #1 Recording​

​

Background

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.  

Current Status

The Land Conservation and Development Commission approved the proposed rule language on December 5, 2024. The rules were filed with the Secretary of State (SOS) on December 19, 2024, with an effective date of January 1, 2025.

Final Rule Language and Related Materials

Other Materials

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.

Current Status
The Land Conservation and Development Commission approved the proposed rule language on December 5, 2024. The rules were filed with the Secretary of State (SOS) on December 20, 2024, with an effective date of January 1, 2025.

Final Rule Language and Related Materials

Other Materials


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

Current Status

The Land Conservation and Development Commission approved the proposed rule language on December 5, 2024. The rules were filed with the Secretary of State (SOS) on December 20, 2024, with an effective date of January 1, 2025.

Final Rule Language and Related Materials

Other Materials


The Land Conservation and Development Commission (LCDC) is considering adopting an amendment to OAR 660-023-0115, Procedures for Complying with Goal 5 related to protection of the Greater Sage-Grouse in Oregon. The amendment would update an existing map depicting core and low-density Greater Sage-Grouse habitat areas in the state, as well as result in minor amendments to the text of the rule.

The existing map was adopted by LCDC in 2015 and was provided by the Oregon Department of Fish and Wildlife (ODFW) based on data from 2011.The updated map, also provided by ODFW, reflects new and improved data from 2023. The minor text amendments would modestly revise the definitions of “core areas" and “low-density areas", as well as add Grant County to the list of counties including significant Sage-Grouse habitat.

The Department of Land Conservation and Development (DLCD) solicited public comment regarding the proposed amendments to OAR 660-023-0115 for protection of the Greater Sage-Grouse in Oregon. A draft of the proposed rule amendments to OAR 660-023-0115 and other notices and fiscal statements are available online .

A local geographic hearing was held January 21, 2025 at 5:30 PM, in the Basement Meeting Room, at the Harney County Courthouse, 450 N. Buena Vista, Burns, Oregon 97720. The community is welcome to attend to provide oral or written testimony in advance of the LCDC hearing later in the week.

LCDC held a public hearing for this rulemaking and adopted the amendments to OAR 660-023-0115 on January 23, 2025.

Current Status

The Land Conservation and Development Commission approved the proposed rule language on December 5, 2024. The rules were filed with the Secretary of State (SOS) on January 23, 2025, with an effective date of July 1, 2025.

Final Rule Language and Related Materials

(coming soon)

Other Materials

Public Participation in Rulemaking

Public Notices

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.

Public Input

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


Rulemaking Advisory Committees

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
Senior Rules Coordinator
casaria.taylor@dlcd.oregon.gov
Phone: 971-600-7699

Matthew Hampton
Rules Coordinator        Matthew.l.hampton@dlcd.oregon.gov
Phone: 503-983-4092

Alexis Hammer
Legislative and Policy Manager
alexis.hammer@dlcd.oregon.gov
Phone: 971-718-4505

Resources

Learn more about Oregon administrative rules

Learn more about Oregon state statutes

Additional information related to Oregon Administrative Rules can be found on the Oregon.gov Transparency website.