Statute Text
Duties
of commission; rules.
(1) The Land Conservation and Development Commission shall:
(a) Direct the
performance by the Director of the Department of Land Conservation and
Development and the directors staff of their functions under ORS chapters 195,
196, 197 and 197A.
(b) In accordance
with the provisions of ORS chapter 183, adopt rules that it considers necessary
to carry out ORS chapters 195, 196, 197 and 197A. Except as provided in
subsection (3) of this section, in designing its administrative requirements,
the commission shall:
(A) Allow for the
diverse administrative and planning capabilities of local governments;
(B) Consider the
variation in conditions and needs in different regions of the state and
encourage regional approaches to resolving land use problems;
(C) Assess what
economic and property interests will be, or are likely to be, affected by the
proposed rule;
(D) Assess the
likely degree of economic impact on identified property and economic interests;
and
(E) Assess
whether alternative actions are available that would achieve the underlying
lawful governmental objective and would have a lesser economic impact.
(c)(A) Adopt by
rule in accordance with ORS chapter 183 or by goal under ORS chapters 195, 196,
197 and 197A any statewide land use policies that it considers necessary to
carry out ORS chapters 195, 196, 197 and 197A.
(B) Adopt by rule
in accordance with ORS chapter 183 any procedures necessary to carry out ORS
215.402 (4)(b) and 227.160 (2)(b).
(C) Review
decisions of the Land Use Board of Appeals and land use decisions of the Court
of Appeals and the Supreme Court within 120 days of the date the decisions are
issued to determine if goal or rule amendments are necessary.
(d) Cooperate
with the appropriate agencies of the United States, this state and its
political subdivisions, any other state, any interstate agency, any person or
groups of persons with respect to land conservation and development.
(e) Appoint
advisory committees to aid it in carrying out ORS chapters 195, 196, 197 and
197A and provide technical and other assistance, as it considers necessary, to
each such committee.
(2) Pursuant to
ORS chapters 195, 196, 197 and 197A, the commission shall:
(a) Adopt, amend
and revise goals consistent with regional, county and city concerns;
(b) Prepare,
collect, provide or cause to be prepared, collected or provided land use
inventories;
(c) Prepare
statewide planning guidelines;
(d) Review
comprehensive plans for compliance with goals;
(e) Coordinate
planning efforts of state agencies to assure compliance with goals and
compatibility with city and county comprehensive plans;
(f) Insure
widespread citizen involvement and input in all phases of the process;
(g) Review and
recommend to the Legislative Assembly the designation of areas of critical
state concern;
(h) Report
periodically to the Legislative Assembly and to the committee;
(i) Review the
land use planning responsibilities and authorities given to the state, regions,
counties and cities, review the resources available to each level of government
and make recommendations to the Legislative Assembly to improve the administration
of the statewide land use program; and
(j) Perform other
duties required by law.
(3) The
requirements of subsection (1)(b) of this section shall not be interpreted as
requiring an assessment for each lot or parcel that could be affected by the
proposed rule. [1973 c.80 §§9,11; 1977 c.664 §5; 1981 c.748 §22; 1991 c.817 §19;
1993 c.792 §51; 1995 c.299 §1; 2009 c.873 §2]
Note:
Sections 1 and 2, chapter 597,
Oregon Laws 2025, provide:
Sec. 1. Rules
for nature-based solutions for shoreline stabilization.
(1) On or before January 1, 2028,
the Land Conservation and Development Commission shall adopt rules that
incorporate guidance for nonstructural, nature-based solutions for shoreline
stabilization in estuaries, coastal shorelands and the ocean shore by, at a
minimum:
(a) Adopting a
definition of nonstructural, nature-based solutions. The definition:
(A) Must include
natural materials that are dynamic and absorb wave energy and are meant to
mimic natural systems, including but not limited to native organisms, such as
shellfish, trees and plants, and locally sourced logs, rocks, sand, clay and
woody debris.
(B) May not
include structural methods of shoreline stabilization that are static and
reflect wave energy.
(C) Must include
criteria for habitat for wildlife, improving water quality, cultural and
recreational resources and, where appropriate, public access.
(D) Must be
separate and distinct from existing rules and definitions for shoreline
stabilization in estuaries, coastal shorelands and the ocean shore that include
jetties, bulkheads, seawalls, riprap, beachfront protective structures and
other similar protective structures.
(b) Providing
guidance for the use of nonstructural, nature-based solutions to minimize
harmful imp