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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 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.  

Permanent Administrative Order LCDD 14-2024​ (tracked changes version)

​Go to rulemaking page

Go to project page​


Notice of Proposed Rulemaking Including Statement of Need & Fiscal Impact filed with the Secretary of State August 29, 2024​ (tracked changes version)


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.​

Permanent Administrative Order LCDD 16-2024 (tracked changes version)

​Go to Goal 9 Target Industries Approach Rulemaking page​


Notice of Proposed Rulemaking Including Statement of Need & Fiscal Impact filed with the Secretary of State August 28, 2024​ (tracked changes version)



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


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Current Rulemaking

​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.​

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

Go to rulemaking page​

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.​

Notice of Proposed Rulemaking Including Statement of Need & Fiscal Impact filed with the Secretary of State August 28, 2024​​ (tracked changes version)

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:​
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.

Contacts

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

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