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NEWS RELEASE

FOR IMMEDIATE RELEASE:  December 19, 2024

CONTACT:    Sadie Carney, 503-383-6648, sadie.carney@dlcd.oregon.gov

                      Hilary Foote, 503-881-9249, hilary.foote@dlcd.oregon.gov

Farm and Forest Modernization Rules Passed at Land Conservation and Development Commission Meeting December 5, 2024

SALEM – Oregon’s farm and forestland rules were made easier for local governments to apply and use by the Land Conservation and Development Commission (LCDC or commission) when they passed amended administrative rules Thursday, December 5, 2024. The rule updates align existing rules with Oregon legislation and caselaw, clarify terms, and standardize evidentiary standards.

Department of Land Conservation and Development (DLCD) staff convened a work group to develop recommendations on needed updates to administrative rule to improve the clarity and consistency of farm and forest protections across the state. Based on the workgroup recommendation, the commission directed staff to propose rule changes to codify areas of law that were not yet represented in administrative rules, increase consistent implementation of case law standards, and provide additional clarity to counties and permit applicants with the intent of reducing unnecessary appeals.

According to the commission’s direction in January and April, members of a rulemaking advisory committee considered standards related to the following regulations:

• The “farm impacts test” (ORS 215.296)
• Agri-tourism and other commercial events “incidental and subordinate” and “necessary to support” standards
• Transportation facilities on rural lands
• The definitions of a “private park”, “preparation” and “processing”
• The evidentiary standard for the verification of income for certain uses
• Multi-path permitting uses

“I was impressed throughout the process with the quality of the staff work, and the contributions of rules advisory committee members,” said Barbara Boyer, commission liaison to the rulemaking advisory committee. “County planners are asking for this – these rules will make their jobs easier. This work was essential to continue the legacy of farm and forestland across our state.”

“These updates provide guidance to county planners who need to administer these programs in accordance with the law, as well as clarity for landowners submitting applications,” said Chair Anyeley Hallová.

A summary of the adopted rules that outlines those adopted by the commission may be found here on the Department’s website.

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Oregon’s statewide land use planning program —originated in 1973 under Senate Bill 100 — protects farm and forest lands, conserves natural resources, promotes livable communities, facilitates orderly and efficient development, helps coordination among local governments, and enables community engagement.  

The program affords all Oregonians predictability and sustainability to the development process by ensuring allocation of urban land for industrial, commercial, and housing development.   The Department of Land Conservation and Development (DLCD) administers the program. A seven-member volunteer citizen board known as the Land Conservation and Development Commission (LCDC) guides DLCD.

Under the program, all cities and counties have adopted comprehensive plans that meet mandatory state standards. The standards are 19 Statewide Planning Goals that address land use, development, housing, transportation, and conservation of natural resources. Technical assistance in the form of grants to local jurisdictions is a key element of the program.