Oregon Administrative Rules Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Overview of OAR Chapter 660 — Land Conservation and Development Department
OAR Chapter 660 contains administrative rules issued by the Oregon Department of Land Conservation and Development (DLCD), which oversees statewide land use planning under Oregon’s Land Conservation and Development Act (LCDC). The DLCD implements and enforces Oregon’s comprehensive land use planning program, including the Statewide Planning Goals that guide local government planning and zoning decisions.
Purpose and Scope of OAR Chapter 660
Statewide Planning Goals: OAR 660 incorporates rules to implement Oregon’s 19 Statewide Planning Goals, which address issues like urban growth boundaries, natural resources protection, housing, transportation, and public facilities.
Local Government Compliance: It sets out procedures for local governments to develop and update their comprehensive plans and land use regulations consistent with statewide goals.
Rulemaking and Appeals: It establishes the DLCD’s authority to review local plans, approve or require amendments, and oversee compliance. The rules also include appeals and enforcement mechanisms.
Technical Assistance and Coordination: DLCD provides guidance and technical support to local governments to facilitate goal compliance.
Key Components of OAR Chapter 660
1. Urban Growth Boundaries (UGB)
OAR 660 details requirements for establishing, amending, and managing urban growth boundaries.
Local governments must ensure UGBs accommodate projected population growth while protecting farmland and natural resources.
Rules govern timing, procedures, and criteria for expansions.
2. Natural Resources Protection
Includes rules to protect critical areas such as wetlands, wildlife habitat, groundwater, and floodplains.
Requires local plans to include inventories and adopt regulations to minimize adverse impacts.
3. Housing and Residential Development
Rules under OAR 660 promote adequate supply of residential land and diversity of housing types.
Requires local governments to plan for affordable housing and implement zoning that supports housing goals.
4. Transportation Planning
DLCD rules link land use and transportation planning.
Local governments must coordinate land use decisions with transportation infrastructure planning and funding.
5. Public Facilities and Services
Ensures adequate public facilities (water, sewer, schools) are planned for and timed with development.
Local plans must demonstrate public services can accommodate growth.
6. Procedures for Plan Amendments and Periodic Review
Local governments must periodically review and update plans to ensure compliance with statewide goals.
OAR 660 sets deadlines, procedures for submission, and DLCD review standards.
7. Enforcement and Appeals
DLCD has authority to enforce compliance, including formal notices of noncompliance.
Appeals of DLCD decisions can be taken to the Land Use Board of Appeals (LUBA) or courts.
Relevant Case Law
Oregon courts and boards have frequently interpreted OAR Chapter 660 in land use disputes. Here are some landmark cases:
Case 1: Friends of Yamhill County v. Land Conservation and Development Commission, 305 Or. 246 (1988)
Issue: Whether DLCD rules properly interpreted Statewide Planning Goals regarding resource protection.
Holding: The Oregon Supreme Court upheld DLCD’s authority to adopt rules implementing Statewide Planning Goals and affirmed that local governments must comply with these rules.
Significance: Confirmed the validity of DLCD’s rulemaking under OAR 660 and the binding nature of statewide goals on local land use planning.
Case 2: City of Wilsonville v. Land Conservation and Development Commission, 75 Or. App. 247 (1986)
Issue: Challenge to the DLCD’s disapproval of a local plan amendment for UGB expansion.
Holding: The court upheld DLCD’s decision, emphasizing that expansions must comply with strict criteria to protect farmland and avoid unnecessary urban sprawl.
Significance: Clarified the standards for UGB amendments under OAR 660 rules.
Case 3: 1000 Friends of Oregon v. Department of Land Conservation and Development, 77 Or. App. 404 (1986)
Issue: Adequacy of housing plans under OAR 660 rules.
Holding: The court required local governments to meet substantive housing needs consistent with statewide housing goals and DLCD rules.
Significance: Enforced housing goal compliance and detailed DLCD’s oversight role.
Case 4: Benton County v. Land Use Board of Appeals, 172 Or. App. 172 (2001)
Issue: Appeal of DLCD enforcement action for failure to update plans under periodic review.
Holding: The court upheld DLCD’s enforcement authority and emphasized periodic review requirements under OAR 660.
Significance: Confirmed DLCD’s power to ensure ongoing compliance with planning goals.
Summary
OAR Chapter 660 establishes the detailed administrative rules through which the Department of Land Conservation and Development implements Oregon’s statewide land use planning program.
The rules regulate urban growth boundaries, resource protection, housing, transportation, and public facilities planning.
Local governments must develop, amend, and periodically review comprehensive plans consistent with these rules.
The DLCD enforces compliance and oversees local governments, with appeals handled by LUBA and courts.
Oregon case law validates DLCD’s rulemaking authority and clarifies application of the rules in various land use disputes.
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