Title 197 · ORS Chapter 197

(4)(b) and 227.160 (2)(b).

Citation: ORS 215.402

Section: 215.402

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 impacts from flooding, and erosion, including through provisions for monitoring, maintenance and reconstruction.

�� (c) Requiring that nonstructural, nature-based solutions conform with statewide land use planning goals and that nonstructural, nature-based solutions and ecologically focused land use management practices are prioritized over structural solutions in addressing problems of erosion and flooding.

�� (2) In adopting rules under this section, the commission:

�� (a) Shall confer with the Department of State Lands, the Department of Transportation and the State Parks and Recreation Department;

�� (b) Shall appoint an advisory committee under ORS 183.333 that must include members who are coastal engineering professionals, restoration professionals, representatives of environmental and recreational organizations, tribal representatives, land owners or managers, fish and wildlife professionals and local government officials; and

�� (c) May not substantively amend any process established by rule that allows the Department of Transportation to perform actions or undertake projects that use shoreline stabilization that includes structural methods, elements or solutions. [2025 c.597 �1]

�� Sec. 2. Authorization for Department of State Lands and State Parks and Recreation Department to adopt conforming rules. On or before January 1, 2029, the Department of State Lands and the State Parks and Recreation Department may adopt rules conforming or consistent with the rules adopted by the Land Conservation and Development Commission under section 1 of this 2025 Act. [2025 c.597 �2]

�� Note: Sections 8a and 8b, chapter 38, Oregon Laws 2025, provide:

�� Sec. 8a. Section 8b of this 2025 Act is added to and made a part of ORS chapter 197. [2025 c.38 �8a]

�� Sec. 8b. Harmonizing �single-unit� and �multiunit� terminology. (1) For the purpose of harmonizing and clarifying land use law, a state agency or local government may, wherever the terms appear within land use regulations, zoning maps, comprehensive plans, regional framework plans or administrative rules, substitute the terms:

�� (a) �Single-unit housing� for �single-family housing� or similar terms; and

�� (b) �Multiunit housing� for �multifamily housing� or similar terms.

�� (2) A substitution of terms under this section:

�� (a) Is considered a minor correction to administrative rules.

�� (b) May be done by ordinance or resolution of a local government without requiring any notice or hearing, notwithstanding any provision of ORS chapter 215 or 227. [2025 c.38 �8b]

�� 197.045 Powers of commission. The Land Conservation and Development Commission may:

�� (1) Apply for and receive moneys from the federal government and from this state or any of its agencies or departments.

�� (2) Contract with any public agency for the performance of services or the exchange of employees or services by one to the other necessary in carrying out ORS chapters 195, 196, 197 and 197A.

�� (3) Contract for the services of and consultation with professional persons or organizations, not otherwise available through federal, state and local governmental agencies, in carrying out its duties under ORS chapters 195, 196, 197 and 197A.

�� (4) Perform other functions required to carry out ORS chapters 195, 196, 197 and 197A.

�� (5) Assist in development and preparation of model land use regulations to guide state agencies, cities, counties and special districts in implementing goals.

�� (6) Notwithstanding any other provision of law, review comprehensive plan and land use regulations related to the identification and designation of high-value farmland pursuant to chapter 792, Oregon Laws 1993, under procedures set forth in ORS 197.251. [1973 c.80 �10; 1977 c.664 �6; 1981 c.748 �22a; 1993 c.792 �11]

�� Note: Legislative Counsel has substituted �chapter 792, Oregon Laws 1993,� for the words �this 1993 Act� in section 11, chapter 792, Oregon Laws 1993, which amended 197.045. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1993 Comparative Section Table located in Volume 22 of ORS.

�� 197.047 Notice to local governments and property owners of changes to commission rules or certain statutes; form; distribution of notice; costs. (1) As used in this section, �owner� means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll.

�� (2) At least 90 days prior to the final public hearing on a proposed new or amended administrative rule of the Land Conservation and Development Commission described in subsection (10) of this section, the Department of Land Conservation and Development shall cause the notice set forth in subsection (3) of this section to be mailed to every affected local government that exercises land use planning authority under ORS 197.175.

�� (3) The notice required in subsection (2) of this section must:

�� (a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

______________________________________________________________________________

�� This is to notify you that the Land Conservation and Development Commission has proposed a new or amended administrative rule that, if adopted, may affect the permissible uses of properties in your jurisdiction.

______________________________________________________________________________

�� (b) Contain substantially the following language in the body of the notice:

______________________________________________________________________________

�� On (date of public hearing), the Land Conservation and Development Commission will hold a public hearing regarding adoption of proposed (new or amended) rule (number). Adoption of the rule may change the zoning classification of properties in your jurisdiction or may limit or prohibit land uses previously allowed on properties in your jurisdiction.

�� Rule (number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of the proposed rule (number) also is available for purchase at a cost of $_____.

�� For additional information, contact the Department of Land Conservation and Development at (telephone number).

______________________________________________________________________________

�� (4) A local government that receives notice under subsection (2) of this section shall cause the notice set forth in subsection (5) of this section to be mailed to every owner of real property that will be rezoned as a result of the proposed rule. Notice to an owner under this subsection must be mailed at least 45 days prior to the final public hearing on the proposed rule.

�� (5) The notice required in subsection (4) of this section must:

�� (a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

______________________________________________________________________________

�� (b) Contain substantially the following language in the body of the notice:

______________________________________________________________________________

�� On (date of public hearing), the Land Conservation and Development Commission will hold a public hearing regarding adoption of proposed (new or amended) rule (number). Adoption of the rule may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

�� For additional information, contact the Department of Land Conservation and Development at (telephone number).

______________________________________________________________________________

�� (6) At least 90 days prior to the effective date of a new or amended statute or administrative rule described in subsection (10) of this section, the department shall cause the notice set forth in subsection (7) of this section to be mailed to every affected local government that exercises land use planning authority under ORS