Oregon Administrative Rules Chapter 731 - DEPARTMENT OF TRANSPORTATION
Overview
Oregon Administrative Rules (OAR) Chapter 660 sets the rules for the Department of Land Conservation and Development (DLCD) and the Land Conservation and Development Commission (LCDC). Its purpose is to implement Oregon’s statewide land use planning system. This system guides how land is used in cities, towns, and rural areas to balance development, natural resource protection, housing, transportation, and economic growth.
The rules in Chapter 660 are based on the Oregon Land Use Planning Goals, which are part of state law. These goals provide policies for planning things like housing, farmland, forests, wetlands, and urban growth.
Structure of Chapter 660
Chapter 660 is organized into divisions, each covering a specific topic or goal. Here’s a detailed breakdown:
1. Procedural and Administrative Rules
These rules describe how the department and commission operate, including how they make decisions, communicate with local governments, and handle exceptions.
Procedures for rulemaking and hearings: How new rules are proposed, noticed to the public, and adopted.
Director’s authority: Delegation of certain responsibilities to the DLCD director.
Compliance reviews: How local governments ask the state to confirm that their plans comply with state goals.
2. Planning Goals Implementation
These divisions provide specific rules for each statewide planning goal. Some important examples:
Goal 4 – Forest Lands
Defines which lands are considered forest lands.
Provides rules for uses allowed on forest lands, like logging, limited homes, or recreation.
Ensures forest land is preserved for long-term timber production.
Goal 5 – Natural Resources and Scenic Areas
Protects wetlands, wildlife habitat, rivers, and cultural or historic resources.
Requires local governments to identify these areas and regulate development in them.
Goal 10 – Housing
Requires cities and counties to plan for adequate housing.
Rules cover housing density, affordable housing, and “middle housing” (like duplexes and triplexes).
Goal 9 – Economic Development
Ensures cities and counties have enough land and infrastructure to support jobs and economic growth.
Goal 11 – Public Facilities
Requires planning for water, sewer, roads, and other urban services before new development.
Goal 12 – Transportation
Guides transportation planning so that roads, transit, and pedestrian systems are coordinated with land use.
Urban Growth Boundaries (UGB) and Urban Reserves
Rules for setting boundaries around cities to prevent urban sprawl.
Requires long-term planning to allow for future growth while protecting farmland and natural areas.
3. Special Programs and Topics
Chapter 660 also includes rules for specific programs or projects:
Affordable housing projects: Special rules to allow more housing in cities.
Middle housing: Standards for duplexes, triplexes, and small apartments.
Areas of Critical State Concern: Special rules for areas with significant natural, cultural, or recreational value.
Measure 49 claims: Rules governing land use claims by property owners when land regulations change.
Greenhouse gas planning: Rules to integrate climate goals into urban planning.
4. How the Rules Work
Local governments must follow these rules when adopting plans and zoning laws.
The Department of Land Conservation and Development reviews local plans to ensure compliance with state goals.
If a local government fails to comply, the state can require changes or take enforcement action.
Citizens also have procedures to report violations or request compliance reviews.
Why Chapter 660 is Important
Balances growth and development with resource protection.
Helps cities and counties plan housing, jobs, and transportation effectively.
Protects farmland, forests, wetlands, and natural areas from uncontrolled development.
Provides a legal framework for state and local governments to work together on land use issues.
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