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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

On November 2, 2023, the Land Conservation and Development Commission (LCDC) adopted as part of the Oregon Coastal Management Program, and therein incorporated by reference, an amendment to the Territorial Sea Plan Part Four: Uses of the Sea Floor.  The Territorial Sea Plan is an administrative rule (OAR 660-036-0001) stewarded by the LCDC in consultation with the Ocean Policy Advisory Council (OPAC). Department of Land Conservation and Development (DLCD) staff were directed by House Bill 2603 (passed in the 2021 legislative session) to conduct a study of the process for siting of undersea cables in Oregon's ocean waters and shore and to work with OPAC to make recommendations for amendment of TSP Part Four by September, 2023. 

Permanent Administrative Order LCDD 13-2024 (tracked changes version)

Notice of Proposed Rulemaking Including Statement of Need & Fiscal Impact filed with the Secretary of State September 18, 2023 (tracked changes version)

https://www.oregonocean.info/tsp

​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.  

Farm and Forest Modernization Program Rule Update (one-pager)

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.​



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



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.​

Goal 5 Cultural Areas Rule Update​ (one-pager)

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​​​

Current Rulemaking

The Land Conservation and Development Commission (LCDC) is considering adoption of amendments to the attachment in Oregon Administrative Rule 660-008-0045, that prescribe standards guiding the Housing Capacity Analysis process as provided in House Bill 2003 (2019). The proposed amendments would update the attachment in administrative rules located within an already-established division in OAR Chapter 660, division 008 – Interpretation of Goal 10 Housing. The proposed amendment would not alter the requirements of the Housing Capacity Analysis process, or materially change how local governments comply with the program requirements under House Bill 2003 (2019). The proposed amendments serve to update the Housing Capacity Analysis schedule to reflect recent local government adoptions of these planning documents. The Department of Land Conservation and Development (department or DLCD) recommends updates to the Housing Capacity Analysis Schedule attachment as an annual rulemaking task of LCDC. This ensures that local governments participate in the program using the most up to date information to guide local decision-making processes. 

DLCD is soliciting public comment regarding the proposed rule amendment. The proposed rule amendment provides a schedule update for cities with populations over 10,000, as well as Metro region counties and Tillamook County’s cities and urban unincorporated areas, to plan for their Housing Capacity Analysis and Production Strategies. 

LCDC is holding a public hearing for this rulemaking on March 20, 2025. LCDC is expected to adopt the amendment at the conclusion of this public hearing. Interested persons may provide verbal and written testimony to LCDC regarding the proposed rule amendment at the hearing and are encouraged to send written comments in advance of the hearing. Verbal and written testimony will be accepted until the close of the hearing. The hearing on this topic is scheduled to begin at 8:00 a.m. on March 20, 2025. This will be a hybrid meeting. The physical location of the meeting will be the Department of Land Conservation and Development, Basement Hearing Room, 635 Capitol Street NE, Salem, OR 97301.  

Address written comments to the Chair of the Land Conservation and Development
Commission, care of Casaria Taylor via email to casaria.taylor@dlcd.oregon.gov or by mail to 635 Capitol St., Ste. 150, Salem, Oregon 97301. If you have questions about the proposed rule amendment, contact Ethan Stuckmayer at 503-302-0937, or email ethan.stuckmayer@dlcd.oregon.gov.

To obtain copies of the proposed amended rules and related information by email, please contact Casaria Taylor by email casaria.taylor@dlcd.oregon.gov

The agenda for LCDC’s March 20, 2025, meeting will be available on DLCD’s website at https://www.oregon.gov/lcd/Commission/Pages/index.aspx two weeks prior to the meeting.


The Land Conservation and Development Commission (LCDC) is considering adoption of 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) is soliciting 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 will be 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 will hold a public hearing for this rulemaking and may adopt the amendments to OAR 660-023-0115 on January 23, 2025. The hearing on this topic is scheduled to begin at 9:00 a.m. Interested persons may provide verbal and written testimony to LCDC at the hearing regarding the proposed amendment. The public is encouraged to send written comments in advance of the hearing. Verbal and written testimony will be accepted until the close of the hearing. The hearing will take place in the Basement Hearing Room at 635 Capitol St NE, Salem, Oregon 97301.

Please address written comments to the chair of the Land Conservation and Development Commission, care of Casaria Taylor, by email to casaria.taylor@dlcd.oregon.gov. If you have questions about the proposed rule amendments, please contact Jon Jinings at jon.jinings@dlcd.oregon.gov.

To obtain copies of the proposed rule amendments and related information by email please contact Casaria Taylor at casaria.taylor@dlcd.oregon.gov

Notice of Proposed Rulemaking Including Statement of Need and Fiscal Impact

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.

The Housing Capacity and Urbanization Technical Advisory Committee (CAUTAC) will work to provide greater clarity and certainty in the adoption and acknowledgement for both housing and urbanization-related planning processes. The Department of Land Conservation and Development (DLCD) is required to adopt rules related to this topic area by January 1, 2026.

The Housing Actions Work Group (HAWG) will support the department in developing tools, resources, and guidance to advance housing production, affordability, and choice as directed by HB 2001 (2023) and SB 1564 (2024). The group will help refine adoption-ready actions, including model codes, and compliance pathways such as safe harbors and minimum standards while ensuring alignment with local implementation needs that affirmatively further fair housing. This work will culminate in the creation of Oregon Administrative Rules (OARs), a guidebook, and other resources to assist local governments in meeting Goal 10 requirements under the Oregon Housing Needs Analysis program. The Department of Land Conservation and Development (DLCD) is required to adopt rules related to this topic area by January 1, 2026.


​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.​

How to Participate

The Public Comment period will be extended in light of the newly extended RAC schedule and will close on Friday, April 11, 2025, at 11:59 p.m.

A Public Hearing will take place at the Land Conservation and Development's March 2025 meeting. Time and location of the meeting coming soon.

A local Geographic Hearing will be scheduled prior to the close of the public comment period. Time and location of the hearing coming soon.

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​

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:​
Emailcasaria.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