New rules adopted by Land Conservation, Development Commission for 2019


The Land Conservation and Development Commission (LCDC) meeting held Jan. 24-25 in Salem resulted in the adoption of several new rules that will be filed with the Secretary of State and added or amended in the Oregon Administrative Rules.

Rules adopted at the January LCDC meeting:

• Simplified Urban Growth Boundary — The commission adopted rule amendments to amend the Simplified Urban Growth Boundary amendment process. The changes 1) clarify the disposition of certain types of lands devoted to public and similar uses as part of a buildable lands inventory, 2) clarify the treatment of lands that are split between multiple different plan or zoning designations, 3) update several data tables.

• Sequential Urban Growth Boundary — The commission adopted permanent rules related to “Urban Growth Boundaries." The purpose of the amendments is to establish procedures for submittal and review of phases of work tasks related to potential amendment of an urban growth boundary. This rulemaking was required by Senate Bill 418 (2017).

• Solar Power Generation Facilities on High-Value Farmland — The commission adopted temporary rule amendments to the rules concerning criteria for approving solar power generation facilities on high-value farmland. 

The purpose of the temporary rules is to provide additional protection for a subset of the best high-value farmland (Class I, II, prime and unique soils) and authorize a new opportunity to increase the size of solar facilities where there is a commitment to maintain commercial farm uses (“dual use”). 

The rules seek the balance opportunities for continued solar development with farmland protection. 

Due to a petition to submit additional information, the public comment period will remain open until February 15, and the adoption of permanent rules is postponed until March 2019.

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