Ocean-fronting Public Road Protection Rulemaking

The Land Conservation and Development Commission adopted new rule language for goal exception criteria for public, ocean-fronting roads at their September 22-23 meeting. The department filed those rules and they became effective October 21, 2022. Find them here:

Secretary of State Filing Notice (Oct 17, 2022)
Staff Report from LCDC meeting
Memo to Affected Local Jurisdictions

The new rule addition creates a clear path for public roads and highways along the oceanfront to seek a local land use goal exception to use structural shoreline armoring to mitigate coastal erosion. It offers defined guidance on justifying a goal exception that balances public needs with the important values and ecosystem services of the public beach. The new goal exception process requires a feasibility assessment, public benefit justification, and mitigation of shoreline armoring impacts. The new rule is an addition to OAR 660-004-0022, Reasons Necessary to Justify an Exception Under Goal 2, Part II(c). This specific reason exception applies only to public, ocean-fronting roads that were developed as of January 1, 1977, to retain the intention of Statewide Planning Goal 18.

Staff held 4 meetings with a Rulemaking Advisory Committee, focused on adding new language to the land use goal exception process for these public roadways. See table below for meetings summaries and recordings for this rulemaking.

Previous Rule Drafts and Notices

Corrected Notice of Proposed Rulemaking, June 30, 2022
Draft amendment to OAR 660-004-0022 as of August 12, 2022
Notice of Proposed Rulemaking
Public comments received as of August 12, 2022

Advisory Committee Meetings

Advisory Committee Members

Rulemaking Advisory Committee (RAC) members represent various priority interests of Oregon's coastal communities. They are listed below in alphabetical order by first name.