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 has assembled the rulemaking advisory committee for this rulemaking and RAC meetings are currently underway.
Work Plan
Department staff expect that the RAC will meet virtually monthly beginning in December 2025. 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 2026. This work plan is subject to change.
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DLCD rulemaking website.
Rulemaking Advisory Committee Roster
All RAC meetings will be available to view on DLCD's YouTube Channel.
RAC Meeting #1: Dec. 8, 2025 2:30 - 5p.m.
RAC Meeting #2: Jan. 26, 2026 1 - 4p.m. (CANCELED)
RAC Meeting #3: Feb. 23, 2026 1 - 4p.m. (TO BE RESCHEDULED)
RAC Meeting #4: May 7, 2026 1 - 4p.m.
Get Involved
Questions about the RAC or general questions about the project? Contact Kevin Young at kevin.young@dlcd.oregon.gov, 503-602-0238.
Public Comment: