HomeMy WebLinkAbout2022 10 18 AIS - CFEC AGENDA ITEM SUMMARY Meeting Date: 10/18/2022
Meeting Type: Work Session
Staff Contact/Dept.: Sandy Belson/DPW
Staff Phone No: 541-736-7135
Estimated Time: 50 Minutes
S P R I N G F I E L D
PLANNING COMMISSION
Council Goals: Mandate
ITEM TITLE: OVERVIEW OF THE CLIMATE-FRIENDLY AND EQUITABLE
COMMUNITIES RULES
ACTION
REQUESTED:
None
ISSUE
STATEMENT:
In response to Executive Order 20-04, the Department of Land Conservation and
Development (DLCD) adopted administrative rules that have wide ranging
requirements for metropolitan areas in Oregon. The City of Springfield is
mandated to comply with these requirements affecting land use and transportation.
ATTACHMENTS: Attachment 1: Briefing Memo
Attachment 2: DLCD’s Overview of Climate-Friendly and Equitable Communities
Attachment 3: CFEC Overview PowerPoint Presentation
Attachment 4: Parking PowerPoint Presentation
Attachment 5: Springfield Implementation Schedule
Attachment 6: Interpretation of Goal 10 Housing (OAR 660-008)
Attachment 7: Transportation Planning (OAR 660-012)
Attachment 8: Metropolitan Greenhouse Gas Reduction Targets (OAR 660-044)
DISCUSSION:
The impact of the requirements on staff time and resources is significant. At this
work session, staff will provide an overview of the various components of the rules.
It will also take a closer look at the rules affecting parking.
This work session aims to provide context for the new rules, information about
implementation, and options for how to proceed with phase 2 of complying with
DLCD’s parking regulations.
M E M O R A N D U M City of Springfield
Date: 10/18/2022
To: Planning Commission
From: Sandy Belson, Comprehensive Planning Manager
Sophie McGinley, Comprehensive Planner
Subject: Overview of the Climate Friendly and Equitable
Communities Rules
ISSUE: In response to Executive Order 20-04, the Department of Land Conservation and
Development (DLCD) adopted administrative rules that have wide ranging requirements for
metropolitan areas in Oregon. The City of Springfield is mandated to comply with these
requirements affecting land use and transportation.
COUNCIL GOALS/
MANDATE:
Council Goals: Mandate
BACKGROUND:
In March 2020, Governor Kate Brown issued Executive Order 20-04 directing state agencies to
take actions to reduce and regulate greenhouse gas emissions and mitigate the impacts of climate
change while also centering the needs of Oregon’s most vulnerable communities. In response,
the Oregon Land Conservation and Development Commission directed the Department of Land
Conservation and Development (DLCD) to draft updates to Oregon's transportation and land use
planning rules. The Commission adopted permanent rules on July 21, 2022. These rules set
new standards for land use and transportation plans in Oregon’s eight metropolitan areas -
Albany, Bend, Corvallis, Eugene-Springfield, Grants Pass, Medford-Ashland, Portland Metro,
and Salem-Keizer. For an overview of the rules, see Attachment 2: DLCD’s Overview of
Climate-Friendly and Equitable Communities. Staff will talk through Attachment 3:
PowerPoint Presentation during the work session.
A main focus of the rules is to reduce the carbon emitted by vehicles. The intent is to encourage
walking, biking, taking the bus, and switching to electrical vehicles. The rules also state an
intent to require that the city allow more dense developments in areas of “high quality transit
service”, bring different land uses (housing, employment, shopping, and parks) close together,
and make them walkable.
The second focus of the rules is to increase equity. As the state has articulated, Oregon has a
long-standing history of discrimination and racism, including in land use and transportation
planning decisions. As such, the rules attempt to increase housing and transportation choices,
particularly for the most vulnerable.
The extent and complexity of the rules make them difficult to understand and fully grasp the
implications of implementation. This work session is intended to provide Council with a broad
brush look at the requirements of the rules to provide context for the coming work. The
administrative rules are included as Attachments 6, 7, and 8. While the City Attorney’s Office is
pursuing legal review of the rules with other affected cities, the rules remain effective unless or
until a court issues a stay on the rules; the City Attorney’s Office has advised staff to work
toward implementation of the rules in the meantime.
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MAIN COMPONENTS OF RULES:
As noted above, the rules touch on many aspects of land use and transportation planning. Each
of the components will involve the City Council and most will require amendments to adopted
plans and the Springfield Development Code. These land use processes will provide opportunity
for the public to be involved and include recommendations from the Planning Commission.
Some amendments will need to be co-adopted by Lane County as they are applicable not just
within the city limits, but also to Springfield’s urbanizable area (outside the city limits, within
the Urban Growth Boundary).
Changing Parking Requirements
As of December 31, 2022, the city will no longer be able to require on-site parking for any new
development near frequent transit corridors. The city will also have a choice of removing all on-
site parking requirements for development in the rest of the Urban Growth Boundary UGB, or to
take a multi-faceted approach to regulating parking in certain areas and establishing parking
management programs. Any resulting city-wide amendments need to be adopted and effective
by June 30, 2023.
Requiring Electric Vehicle Charging Infrastructure
All buildings that include five or more dwellings will be required to install electrical capacity
and conduit for electric vehicle-ready charging infrastructure for 40% of parking spaces
provided on-site. This requirement is an increase from similar requirements in the state building
code which took effect July 1, 2022. The new regulations will go into effect on March 31, 2023.
Adopt Climate-Friendly Areas
Springfield must establish one or more Climate Friendly Areas that will accommodate 30
percent of our estimated future population. In other words, we must plan that about 24,500
Springfield residents will live in these Climate Friendly Areas by 2030. Springfield must
designate these areas in the Comprehensive Plan and adopt zoning to allow dense housing and a
mix of uses. Development regulations for Climate Friendly Areas will limit auto-centric land
uses and include pedestrian-oriented design standards. The city will identify investments needed
in the walking, biking, and transit infrastructure to support the development. Springfield must
propose Climate Friendly Areas by June 30, 2023, and adopt them along with the corresponding
Development Code changes by December 31, 2024.
Adopt a Preferred Scenario Plan
A preferred scenario plan is the chosen regional transportation and land use plan (or scenario)
that describes a future set of desired transportation facilities, alternative future land use patterns,
and policies that together reduce greenhouse gas pollution from light vehicles. The plan must be
designed to meet the State’s greenhouse gas emission reduction targets and prioritize
underserved populations so that the actions that reduce pollution also reduce historical inequities
from prior transportation and land use development. The Central Lane Metropolitan Planning
Organization’s voluntary 2015 scenario plan may be used as a foundation for this plan. The
jurisdictions (Springfield, Eugene, and Lane County) must submit a work program for this work
to the State by June 30, 2023, and prepare a scenario plan by December 31, 2023.
Update Transportation System Plan
An update of Springfield’s 2035 Transportation System Plan (TSP) will need to be adopted to
incorporate the following components in conjunction with adoption of scenario plan
implementation by December 31, 2026. The updated TSP will need to include the enhanced
review for existing projects discussed separately below.
Revise Transportation Modelling Methodology
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The current regional transportation model is based on the number of trips generated by
land use. The rules require that the model instead be based on vehicle miles travelled on
a per capita basis.
Land Use Code for Compact, Pedestrian-friendly, Mixed-use Development
The rules require high quality pedestrian, bicycle, and transit infrastructure planning
through an update of the Transportation System Plan, as well as the adoption of
associated land use code changes. The rules require planning for complete networks in
climate-friendly areas and access to transit, schools, and other services for pedestrians
and for a connected network of neighborhood greenways and protected bikeways on
major corridors. The rules also require a focus on priority transit corridors, with
investments to improve travel time, improve access to stops and stations, and promote
compact, mixed-use development patterns near stops and stations.
Prioritize Projects that Reduce Greenhouse Gas
The rules require Springfield to prioritize and select capital projects within the
Transportation System Plan that reduce greenhouse gas emissions. Rules will require
plans to have a “financially constrained” list of planned projects based on estimated
project costs and projected revenue. Pedestrian, bicycle, and transit projects will be
given a relatively high level of priority. Springfield will be prevented from constructing,
funding, or developing projects that are not on the “financially constrained list” with
very few exceptions.
Adopt Performance Standards
The rules require Springfield to adopt new performance standards for use when planning
for or reviewing the impact of development on transportation facilities, replacing the
current motor vehicle congestion performance standards. New performance standards
take effect on June 30, 2025 and must be adopted in conjunction with adoption of a
major transportation system plan update.
Adopt Bicycle Parking Standards
Springfield must relook at our bicycle parking standards to ensure compliance with the
rules; including provisions for covered parking, shared bicycles, other small-scale
mobility devices, large bicycles, security, and adequate space.
Enhanced Review of Already-Adopted Transportation Projects
Engage in an enhanced review process for any existing transportation projects that increase
roadway capacity, including increased outreach and alternatives review process. Springfield has
identified seven projects already adopted in Springfield’s Transportation System Plan that would
require this review before they could be included in the updated Transportation System Plan.
Engaging Underserved Communities and Equity Analysis
The rules direct how cities engage the public, specifically underserved communities, in the
development and approval of transportation system plans and related land use planning. Some
Climate-Friendly and Equitable Communities components must demonstrate that they improve
outcomes for underserved communities by using an equity analysis to identify impacts from
proposed projects and policies and potentially inequitable consequences or burdens on impacted
communities. While Springfield staff have supported the requirements to better engage with
underrepresented populations in decision-making processes, there remains a concern that some
of the proscriptive requirements in the rules will force the city to disregard or downgrade some
of the public input received if it does not match the prescriptive rules requirements.
Project Oversight
City staff will need to learn the requirements of the rules, develop work programs, and
coordinate the various project components. There will be a substantial amount of time
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consultation with DLCD, legal counsel, and other jurisdictions to determine how best to comply
with the rules which are problematic in terms of clarity and straight-forward implementation.
Ongoing Monitoring and Reporting
The rules require cities to undertake ongoing monitoring on the above items and produce an
annual report to Department of Land Conservation and Development on progress, with the first
report due May 31, 2024.
The deadlines are further detailed in Attachment 5: Springfield Implementation Schedule –
Climate Friendly and Equitable Communities Rules. The rules allow jurisdictions to request
alternative deadlines for some, but not all components.
PARKING RULES:
The parking rules are the first of the rules to come into effect. Some of the rules take effect
December 31, 2022; others require action by June 30, 2023. The rules aim to provide more
flexibility for developers to choose how much parking they would like to require. However, in
some cases, the rules limit the amount of on-site parking allowed.
There are two main phases of the rules:
• Phase 1: As of December 31, 2022, the city will no longer be able to require a minimum
amount of on-site parking1 for any new development near frequent transit corridors. For
Springfield, frequent transit corridors are the Route 11 and the EmX.
The City may not require more than one parking space per residential unit in
developments that have more than one dwelling on a single legally-established property.
The City also may not require parking for the following uses:
o Facilities and homes designed to serve people with disabilities;
o Childcare facilities;
o Single-room occupancy housing;
o Residential units smaller than 750 square feet
o Affordable housing (housing available to rent or buy by households with income
that does not exceed 80% of AMI, or spaces in manufactured dwelling parks
available for rent by households with income that does not exceed 100% AMI);
o Publicly supported housing (multi-unit rental housing that receives financial
assistance from the state or federal government);
o Emergency and transitional shelters for people experiencing homelessness; and
o Domestic violence shelters
• Phase 2: The City has a choice of removing all onsite parking requirements for
development in the rest of the Urban Growth Boundary, OR to take a multi-faceted
approach to regulating parking in certain areas and establishing parking management
programs. Phase 2 includes 3 possible options for implementation. Option 1 is referred
to as the “do nothing” approach and requires repealing all minimum parking
requirements city-wide. Generally, options 2 and 3 require significant funding and
staffing, and do not result in significant flexibility. If the city opts for option 2 or 3, the
resulting Springfield Development Code amendments and parking management plans
1 “Parking minimums” sets a minimum number of parking spaces provided on-site on conjunction with
development.
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must be effective by June 30, 2023. Amending the Springfield Development Code is a
land use decision and therefore would involve public hearings with the Planning
Commission and elected officials (Springfield City Council and Lane County Board of
Commissioners.) For the code amendments to be effective by June 30, the city would
need to identify the necessary amendments this fall and begin the public hearing process
this winter.
Springfield 2035 Transportation System Plan (TSP) and Development Code amendments:
Although the state’s rules were recently adopted, Springfield has already laid the groundwork
for parking rules. The TSP was adopted in 2014 and includes policies that are explicitly intended
to reduce dependance on the single-occupancy vehicles very similar to the climate goals of the
CFEC rules. During 2016-2020, Springfield engaged with the community in an extensive
process to figure out the right balance of tools for Springfield to meet these TSP objectives –
Springfield was stricter than the CFEC rules require in some instances and more lenient in
others. Springfield lowered minimum parking requirements, added parking maximums2, and
increased opportunities for developers to seek “right sized” parking requirements that are outside
the code’s limits. A few of these provisions, though not all, will help Springfield comply with
CFEC rule requirements, such as Springfield’s existing maximum parking requirements, bicycle
parking standards, and maximum block length requirements.
Local Implementation:
Phase 1 Implementation will consist of referring to the applicable state administrative rules and
approving eligible applications that propose less parking than the minimums outlined in the
Springfield Development Code. The city would not undertake code amendments at this time,
and developers and staff will refer to the state’s rules in OAR Chapter 660, Division 12 until the
state provides additional information.
Phase 2 Implementation depends on the direction given by the City Council. Option 1 (the “do
nothing approach”) would result in no minimum parking requirements city-wide.
Implementation could be similar to Phase 1, referring to statewide rules and providing
developers and staff the applicable resources to approve applications even if the applicant does
not include the on-site parking required by the Springfield Development Code. If Option 1 is
pursued, the already-adopted parking maximums would remain in place, however the parking
minimums would no longer apply.
Options 2 and 3 would require significant code amendments, funding, and staffing. Both options
would require:
• Reduced mandates3 based on shared parking4, solar panels, EV charging, car sharing,
parking space accessibility, on-street parking, garage parking.
• Unbundled parking5 for developments with five or more dwellings that are located near
frequent transit.
• The City may not require garages/carports.
• Removing on-site parking requirements in and near climate-friendly areas or adoption of
parking management policies; unbundled parking for multifamily units.
2 “Parking maximums” limit the number of off-street parking spaces that can be included in a development.
3 “Parking mandates” means requirements to include a minimum number of off-street parking spaces with
development or redevelopment, or a fee-in-lieu of providing parking for residential development.
4 “Shared parking” means parking spaces used to meet the parking mandates for two or more uses, structures, or
parcels of land, to the extent that the owners or operators show the overall demand for parking spaces can
be met by the shared parking.
5 “Unbundled parking” means a requirement that parking spaces for each unit in a development be rented,
leased, or sold separately from the unit itself.
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In addition:
• Option 2 requires implementing 3 out of the 5 following policies to manage parking per
OAR 660-012-0445 (1)(a):
(A) A requirement that parking spaces for each residential unit in developments that
include five or more leased or sold residential units on a lot or parcel be unbundled
parking. Cities and counties may exempt townhouse and rowhouse development from
this requirement;
(B) A requirement that parking spaces serving leased commercial developments be
unbundled parking;
(C) A requirement for employers of 50 or more employees who provide free or
subsidized parking to their employees at the workplace provide a flexible commute
benefit of $50 per month or the fair market value of that parking, whichever is greater,
to those employees eligible for that free or subsidized parking who regularly commute
via other modes instead of using that parking;
(D) A tax on the revenue from commercial parking lots collecting no less than 10
percent of income, with revenues dedicated to improving transportation alternatives to
drive-alone travel; and
(E) A reduction of parking mandates for new multifamily residential development to no
higher than one-half spaces per unit, including visitor parking.
• Option 3 requires implementing all of the following under OAR 660-012-0445 (1)(b):
(A) A repeal of all parking mandates within one-half mile pedestrian travel of climate-
friendly areas;
(B) A repeal of parking mandates for transit-oriented development and mixed-use
development;
(C) A repeal of parking mandates for group quarters, including but not limited to
dormitories, religious group quarters, adult care facilities, retirement homes, and other
congregate housing;
(D) A repeal of parking mandates for studio apartments, one-bedroom apartments and
condominiums in residential developments of five or more units on a lot or parcel;
(E) A repeal of parking mandates for change of use of, or redevelopment of, buildings
vacant for more than two years. Cities and counties may require registration of a
building as vacant two years prior to the waiving of parking mandates;
(F) A repeal of requirements to provide additional parking for change of use or
redevelopment;
(G) A repeal of parking mandates for expansion of existing businesses by less than 30
percent of a building footprint;
(H) A repeal of parking mandates for buildings within a National Historic District, on
the National Register of Historic Places, or on a local inventory of historic resources or
buildings;
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(I) A repeal of parking mandates for commercial properties that have fewer than ten on-
site employees or 3,000 square feet floor space;
(J) A repeal of parking mandates for developments built under the Oregon Residential
Reach Code;
(K) A repeal of parking mandates for developments seeking certification under any
Leadership in Energy and Environmental Design (LEED) rating system, as evidenced by
either proof of pre-certification or registration and submittal of a complete scorecard;
(L) A repeal of parking mandates for schools;
(M) A repeal of parking mandates for bars and taverns;
(N) Setting parking maximums consistent with OAR 660-012-0415(1), notwithstanding
populations listed in that section; and
(O) Designation of at least one residential parking district or parking benefit district
where on-street parking is managed through permits, payments, or time limits.
Implications:
The parking rules are complex, particularly Options 2 and 3. Put simply, pursuing Option 2 or 3
would result in the being able to require some on-site parking for much of the residential
development that would occur in the R-1 zone in areas outside of the ½ mile of the EmX or
Route 11 bus. The city would be able to require some on-site parking for industrial and maybe
some commercial development in the Jasper-Natron area. However, following Option 2 or 3
would require a lot of work and staff question if that level of control is worth the effort.
It is important to keep in mind that many developers will choose to provide on-site parking even
when it is no longer required. They may provide parking to make their developments more
attractive or because it is required by their lenders. Over time, with constraints on available
land, changes in how people move about the city, and changing technology, developers may
provide less area for parking allowing for more efficient development patterns.
Education and Enforcement:
Regardless of which option the City of Springfield pursues, people with vehicles may choose to
park in places where they should not park. If they park on the street in a manner that impedes
traffic, the police may need to take enforcement action. If they park on private property in an
area not meant for parking, the city’s code enforcement officers may need to take enforcement
action. Therefore, there may be an increase in calls for code enforcement and police. Code
enforcement may need to increase outreach and monitor and enforce on-site (private property)
parking regulations and violations. Police enforcement may need to increase to monitor and
enforce on-street (public right-of-way) parking violations, including vehicles blocking access for
public safety.
Option 1 would allow the City to retain some of our existing policies and continue to manage
parking. However, the effects of these rules are unpredictable and may necessitate the creation
of a parking management plan in the future to deal with potential spill-over effects from certain
uses into the surrounding streets. The creation of such a plan would require funding, staff,
community input, and ongoing implementation.
Note:
The extent and complexity of the rules make them difficult to understand and fully grasp the
implications of implementation. While the City Attorney’s Office is pursuing legal review of
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the rules with other affected cities, the rules remain effective unless or until a court issues a stay
on the rules; the City Attorney’s Office has advised staff to work toward implementation of the
rules in the meantime.
NEXT STEPS:
At its work session on October 10, the City Council directed staff to explore Option 2 in
comparison with Option 1. It also asked staff to consider impacts of the parking rules on the
community, particularly those with low-incomes and/or disabilities.
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Climate-Friendly and
Equitable Communities
Why this Rulemaking
In 2007, Oregon legislators adopted a goal to reduce Oregon’s
climate pollution by 75% by 2050. That’s what the science calls
for, if we’re going to avoid catastrophic impacts to our
environment, communities, and economy.
Fifteen years later, we’re far off track in our efforts to meet those
goals – and we’re already experiencing real-world impacts of
climate disruption, with increasing wildfires, in size, severity,
and timing, and record heat waves that have cost Oregonians
their homes, and their lives.
We’re particularly off-track in reducing pollution from
transportation, responsible for about 38% of Oregon’s climate
pollution. On our current path, Oregon will only reduce
transportation pollution by about 20% by 2050. That means
we’re polluting far more than we hoped, meaning more extreme
weather events, more wildfires, more ocean acidification, and
more record heat waves. In response, Governor Brown directed
state agencies to promote cleaner vehicles, cleaner fuels, and
less driving.
Meanwhile, the State of Oregon is grappling with a troubling
history and current patterns of inequity and discrimination,
including in our land use, zoning, and transportation
investment (and disinvestment) decisions. Wealth and health
have been concentrated in the privileged, at the expense of
others. This rulemaking aims to take some steps in redressing
past harms.
Rulemaking Overview and Desired Outcomes
The Land Conservation and Development Commission launched
the Climate-Friendly and Equitable Communities rulemaking in
response to Governor Brown’s order. It directed the Department
of Land Conservation and Development (DLCD), Oregon’s land
use planning agency, to draft changes in Oregon’s planning
system for communities in Oregon’s eight most populated areas
(see map at right).
The rules require those communities to change their local
transportation and land use plans to do more to ensure
Oregonians have more safe, comfortable ways to get around, and
don’t have to drive long distances just to meet their daily needs.
The rules also aim to improve equity, and help community transportation, housing, and
Thousands of Oregonians have lost their homes in
recent wildfires. Missing our climate goals will mean
more extreme and more frequent weather events
such as heat bombs, droughts, and wildfires.
The rules apply in Oregon’s eight metropolitan areas shown above.
Oregon is dramatically off-track. If current trends
continue, Oregon will release more than 4 times more
transportation pollution than our goal by 2050.
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planning serve all Oregonians, particularly those traditionally underserved and discriminated
against.
What does that mean on the ground? It means having some areas where rules don’t get in the
way of more walkable neighborhoods. The draft rules ask cities to designate climate-friendly
areas, and to allow people to build taller buildings providing more housing. The rules don’t require taller buildings, but make sure those buildings are allowed. In climate-friendly areas, a
minimum density standard would help ensure transit can serve the neighborhood.
Other provisions of the rulemaking call for new buildings to support the growing electric vehicle
transformation, reduce one-size-fits-all parking mandates, and increase local planning
requirements to address critical gaps in our walking, biking, and transit networks. The rules ask
communities to identify transportation projects needed so our climate goals could be met.
The rulemaking is mainly about letting climate-friendly development happen where people want
to build it and the market calls for it. There’s a lot of demand for housing where people can walk
to where they want to go. While single-family homes will continue to be allowed and provide
most housing, Oregonians have a diverse set of housing desires and deserve more affordable and
climate-friendly choices. Those could better meet the changing shape of American households,
as nearly a third of homes hold just one person. But again, people can choose what best meets
their needs.
Equitable Mapping, Engagement and Decision-Making
One central outcome of this rulemaking is an increased
emphasis on equity. The rulemaking has worked to integrate
equity, starting with the rulemaking charge and title. Equity
was key as DLCD attempted to have the composition of the
advisory committee reflect the diversity of Oregon’s
communities, and equity was one of the first tasks tackled by
the group.
The rulemaking advisory committee spent significant time at
many of its meetings discussing equity, and developed an
Equitable Outcomes Statement to guide the rulemaking
drafting and implementation. The rulemaking conducted a
racial equity analysis of the rules and an analysis on how the
rules could be improved to serve people with disabilities. The
committee subsequently reviewed a table listing how each item
in the Equitable Outcomes Statement was or was not brought
forth into the draft rules, and what next steps might be.
The rules define traditionally underserved populations to include Black and African American
people, Indigenous people, People of Color, people with limited English proficiency, people with
disabilities, low-income Oregonians, youth and seniors, and more. They require mapping of
traditionally underserved populations, local consideration of a set of anti-displacement actions
should decisions contribute toward displacement, centering the voices of underserved
populations in decision-making, and regular reporting on efforts to engage traditionally
underserved populations.
1938 Redlining map of Portland. Redlining allowed
white people to build wealth through homeownership.
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Climate-Friendly Areas
A climate-friendly area is an area where residents, workers, and
visitors can meet most of their daily needs without having to
drive. They are urban mixed-use areas that contain, or are
planned to contain, a greater mix and supply of housing, jobs,
businesses, and services. These areas are served, or planned to
be served, by high quality pedestrian, bicycle, and transit
infrastructure to provide frequent, comfortable, and convenient
connections to key destinations within the city and region.
Why are climate-friendly areas important? A key component of
Oregon’s plan to meet our climate pollution reduction and equity
goals is facilitating development of urban areas in which
residents are less dependent upon the single occupant vehicle.
Before the automobile became common in American life, cities
grew more efficiently, with a variety of uses in city centers and
other areas that allowed for working, living, and shopping within a walkable or transit accessible
area. Over the last 100 years, the automobile and planning practices have served to separate
activities, creating greater inequities within cities and widespread dependence upon climate-
polluting vehicles to meet daily needs. Climate-friendly areas will help to reverse these negative
trends, with some actions taking place in the short term, and others that will occur with
development and redevelopment over time.
The rules require cities, and some urbanized county areas, with a population over 5,000 within
the seven metropolitan areas outside of Portland Metro to adopt regulations allowing walkable
mixed-use development in defined areas within urban growth boundaries. The rules for the
Portland Metro area support implementation of the region’s 2040 Growth Concept. Areas will
be sized to accommodate a portion of the community’s housing, jobs, and services. Local
governments will determine where these areas will be located, but many of these areas will likely
be established in existing downtowns that may currently allow for mixed uses and higher
densities.
Associated requirements will ensure high quality pedestrian, bicycle, and transit infrastructure
is available within these areas to provide convenient transportation options. The rules provide a
process for local governments to first identify potential climate-friendly areas, then later to
adopt development standards for the areas best-suited for this purpose. The rules provide some
minimum requirements for climate-friendly areas, with a set of clear and objective standards
that may be adopted, or a process for local governments to craft their own standards. Cities of
more than 10,000 will monitor housing production within these areas over time and develop
strategies to facilitate desired development.
Reforming Costly Parking Mandates
Excess parking has a significant negative impact on
housing costs, business costs, the feasibility of housing
development and business redevelopment, walkability,
air and water pollution, climate pollution, and general
community character. Parking mandates force people
who don’t own or use cars to pay indirectly for other
people’s parking. Carless households tend to be the
poorest households. Parking demand varies significantly Parking uses a huge amount of high-value land.
Off-street parking in downtown Corvallis in red.
Oregon already has some climate-friendly areas,
pleasant places to meet one's needs without needing
to drive.
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from development to development, and about one-sixth of Oregon renter households own zero
vehicles. Planning practices of the past have imposed a one-size-fits-all requirement everywhere,
creating incentives to own more cars and drive more.
The rules encourage the diversity of parking needs to be met by the diversity of development.
The rules would reduce or remove costly parking mandates for desired types of development,
such as smaller housing types, small businesses, childcare facilities, multi-family housing, and
historic buildings. The rules would completely remove parking mandates within one-half mile of
frequent transit and three-quarters of a mile of rail stops, where parking demand is lower per
unit.
The rules give communities options to improve parking management. Those who adopt best
practice parking policies would get more flexibility. The rules require cities with over 100,000
population that choose to continue to mandate off-street parking to eventually charge at least 50
cents per day for 10% of on-street parking spots.
Getting Ready for Oregon’s Electric Vehicle Future
Making our vehicles cleaner is a key part in meeting Oregon’s climate goals.
Oregon has a vision where 90% of new vehicles will be electric by 2035. To
meet that goal, we need to ensure people can charge their vehicles. The
most convenient place to do so is at home, but many Oregonians live in
older multi-family homes that would be very expensive to retrofit.
Thus, the rules require new housing and mixed-use development with at
least five units would include electrical conduit (pipes) to 40% of spots,
ready for adding wiring and charging stations to support electric vehicles as
the market expands.
Planning for a Future of Transportation Options
DLCD and other state agency partners including the Oregon Department of
Transportation will provide a range of new and amplified services to help meet
greenhouse gas reduction goals, including grants, technical assistance, tools,
and publications, to help local governments adopt plans that meet or exceed the
state’s greenhouse gas reduction goals.
Local governments in Oregon have been required to make coordinated land use
and transportation plans for decades. The updated rules would require local
governments in metropolitan areas to:
• Plan for greater development in transit corridors and downtowns, where
services are located and less driving is necessary;
• Prioritize system performance measures that achieve community
livability goals;
• Prioritize investments for reaching destinations without dependency on
single occupancy vehicles, including in walking, bicycling, and transit;
• Plan for needed infrastructure for electric vehicle charging; and
• Regularly monitor and report progress.
Transportation options are
critical for everyone, but
particularly the roughly
one-in-three Oregonians
who cannot drive.
Building a complete network of EV
charging stations at commercial and
multi-family housing locations could
cut up to 11.9% of climate pollution
Attachment 2, Page 4 of 6
- 5 -
Planning to Meet Our Climate Goals
DLCD’s regional greenhouse gas reduction program allows areas to work
together to consider statewide, regional, and local needs and issues. The flexible
regional planning process allows communities to study economic development,
fiscal impacts, resource use, pollution impacts, and the effects of different
choices on the state, region, community, or households. The results are
intended to help local government community members, elected and appointed
leaders better understand issues and quantify the effect of potential policies as
they review and update the area’s long-range plans and make investment
decisions.
The rules would expand requirements for regional plans to meet the state’s
climate pollution reduction targets from the Portland metropolitan area to the
next largest metropolitan areas in the state (Eugene-Springfield and Salem-
Keizer) initially. Other metropolitan areas will be required to evaluate their local
plans towards meeting the state’s climate pollution reduction targets and amend
their local plans towards meeting the target.
Community Engagement
We’ve heard from lots of Oregonians over the past
eighteen months. We’ve heard from a 40-person advisory
committee including representatives from all of Oregon’s
impacted eight urban areas, several people who are home
builders, realtors, representatives of the trucking
industry, affordable housing advocates, land use
advocates, community-based and other community-
serving organizations.
To supplement those deliberations, staff held two
separate series of virtual community conversations in
2021 – five in the spring, and four in the fall. Staff have
hosted a series of nine technical work group meetings on specific topics, a series of practitioner
meetings with local government staff in each region, and dozens of additional meetings with
local elected officials, planning staff, and interest groups.
Upcoming conversations include events focused on what will be needed at the community level
to support implementation and ongoing engagement strategies.
We’ve heard from hundreds of Oregonians who have attended one or more of the scores of
meetings, community conversations, work groups, or practitioner meetings, and from hundreds
of people who’ve submitted comments (summary here). Our rules are better for it, having
continued to evolve and improve.
But the engagement won’t end there – the rules require local governments to engage their
communities as they make key decisions on how the rules apply locally. If you’re interested in
these issues, we encourage you to stay engaged.
Some members of the rulemaking advisory committee
Attachment 2, Page 5 of 6
- 6 -
Implementing the Rules: Resources and Timelines
Local governments are responsible for implementing the rules. Many of the rules take effect
when a community next conducts a major update of its Transportation System Plan (TSP), a
community’s core document describing its transportation needs and future plans. The rules
state most plans should be updated by December 31, 2029. The rules have Salem-Keizer and
Eugene-Springfield areas on a schedule to do regional scenario plans and update their TSPs by
the end of 2027.
The land use components of the rules have specific deadlines. Communities are asked to study
potential Climate-Friendly Areas by December 31, 2023, and adopt Areas by December 31,
2024. Parking reform is scheduled to happen in two phases - the first at the end of 2022, and the
second by June 30, 2023. Communities may ask for some flexibility around most of these dates.
DLCD is providing or working to find resources for local governments to do this work, along
with our agency partners at the Oregon Department of Transportation (ODOT) and the Oregon
Housing and Community Services Department. The Oregon Legislature provided $768,000 to
assist with implementation on land use, and ODOT has identified another $18 million to assist
with transportation plan updates.
Learn More
Information on how to get implementation updates via email and many additional materials can
be found at www.oregon.gov/lcd/CL/Pages/CFEC.aspx
Contact Information
Evan Manvel, Climate Mitigation Planner
evan.manvel@dlcd.oregon.gov
971-375-5979
Cody Meyer, Land Use and Transportation Planner
cody.meyer@dlcd.oregon.gov
971-239-9475
Kevin Young, Senior Urban Planner
kevin.young@dlcd.oregon.gov
503-602-0238
July 2022
Attachment 2, Page 6 of 6
October 18, 2022
Climate-Friendly
and Equitable
Communities
Source: DLCD
Source: Metro
Presentation to Planning CommissionRules
Attachment 3, Page 1 of 11
Statewide Transportation
Strategy (2018)
•38% of greenhouse gases
from transportation
(1990)
•Changes needed in:
o Pricing
o Fuel & Vehicle Technology
o Transportation Options
o Systems & Operations
Attachment 3, Page 2 of 11
Why these Rules?
Missing Oregon’s Pollution Reduction Targets
GAP
Climate Pollution Change (Light Duty Vehicles)
We are here
Where we’re headed
(Trends, Plans, Investments)
Oregon’s adopted vision
(Statewide Transportation Strategy)
2007 Statutory Goal:
• Reduce Oregon’s
greenhouse gas
emissions by 75%
by 2050
• 15 years later we
still exceed 1990
levels
Attachment 3, Page 3 of 11
Requirements:
•Increase density
•Bring land uses
close together
•Improve transit
•Make it easier to
walk and bike
Attachment 3, Page 4 of 11
Parking
Management
Phase I:
•No required on-site parking within ½ mile
of frequent transit
•No required on-site parking for shelters,
small units, affordable or public housing,
childcare, facilities for people with
disabilities
•Phase 2:
DLCD
Option 1:
Repeal all
parking
mandates
Option 2:
Adopt
Parking
Management
Policies
Option 3:
Reduced
Parking &
Parking
District
Attachment 3, Page 5 of 11
Electric Vehicle
Charging
Provide charging capacity
(conduit) to:
40% of parking spaces
for buildings with
5+ dwelling units
DLCD
ODOT
Attachment 3, Page 6 of 11
Establish
Climate
Friendly Areas
(CFAs)
•Designate one or more CFAs
•High density (25 units/net
acre)
•Mix of land uses
•Multi-modal
•Accommodate 30% of
housing needs (approx.
24,500 residents)
•Displacement analysis and
strategies
Attachment 3, Page 7 of 11
Scenario Planning
• Scenario plan to meet
greenhouse gas reduction
targets
• Can use 2015 scenario plan
• Amendments to:
comprehensive plan,
transportation plan, and
land use regulations must
be consistent with the
adopted scenario plan
Evan Manvel
Evan Manvel
; Dan Burden
Attachment 3, Page 8 of 11
Transportation
Planning
• Revise modelling
methodology
• Code standards for
compact, pedestrian-
friendly, mixed-use
development
• Prioritize projects that
reduce greenhouse gas
• Adopt new performance
standards
• Review bicycle parking
•Enhanced review of already
adopted projects
Metro
Attachment 3, Page 9 of 11
Engage
Underserved
Communities &
Equity Analysis
•Outreach to underserved
•Equity analysis
• Identify potentially inequitable
impacts or burdens
• Demonstrate improved
outcomes for underserved
Metro
Attachment 3, Page 10 of 11
Implementation Timeline
11
2022 2023 2024 2025 2026 2027 2028 2029
Regional Scenario Plans, TSPs,
and Performance Measures
Salem-Keizer
Eugene-Springfield
Portland Metro Regional Transportation Plan
Performance measures
Climate-Friendly Areas
Study
Zoning
Multi-modal inventories
Parking Reform and EV Conduit
Transportation Systems Plan Updates
Multi-modal inventory
Transportation System Plan Updates
Ongoing
Ongoing
Attachment 3, Page 11 of 11
Implementing Mandatory
Climate Friendly and Equitable
Communities Rulemaking
Parking Changes
October 18, 2022
Attachment 4, Page 1 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Parking Progress in Springfield
●Transportation System Plan
○Parking maximums
○Added flexibility
○Local incentives
●Downtown Parking Program
●Development Code Update Project
Set the groundwork for implementing new
parking rules
Attachment 4, Page 2 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Parking Minimums
●Requirements to include a minimum
number of off-street parking spaces
with development or redevelopment
●Do not preclude developers from
adding more than the minimum
required
Attachment 4, Page 3 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Parking Maximums
●Limits on the number of off-street
parking spaces that can be included
in a development.
●Allow for less than the maximum to
be provided
●In certain cases, allow for more to be
built (if meeting certain conditions)
Attachment 4, Page 4 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Phases of Parking Rules
December 31, 2022
Phase 1: Near Transit and
Certain Uses
March 31, 2023
Electrical Vehicle
Conduits
This won’t be covered itoday,
but is included in the Climate
Friendly and Equitable
Communities Rulemaking
June 30, 2023
Phase 2: Citywide
Approach
Attachment 4, Page 5 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Phase 1: Parking Near Transit and Certain Uses
●December 31, 2022
●Apply to development applications
submitted after December 31, 2022
●0440 Cannot require parking for
development within ½ mile of frequent
transit corridors
●0430 Cannot require parking for certain
uses
Attachment 4, Page 6 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Near Transit
Legend
Properties within City
limits 0.5 miles from
frequent transit
corridors
Properties outside of
City limits 0.5 miles
from frequent transit
corridors
Attachment 4, Page 7 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Certain Uses
0430
●Cannot mandate more than 1 space/unit
for residential developments with more
than 1 unit
●No mandates for small units, affordable
units, child care, facilities for people with
disabilities, shelters
Attachment 4, Page 8 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
The Phase 1 Rules DON’T
●Mandate existing developments to
reduce their on-site parking
●Prohibit providing parking along with
development
●Interfere with the City of Springfield
Parking Maximums
●Directly affect accessible parking
(Americans with Disabilities Act)
Attachment 4, Page 9 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Implementation in Springfield
●After December 31, 2022, approve
applications for new development that
meet the criteria for Phase 1 Parking
rules
●Internal staff training
●Reference to relevant OAR
●Do not, at this time,require code
amendment process
Attachment 4, Page 10 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Phase 2: Citywide Approach
●3 Options:
○1)Repeal all parking minimums, city-wide
○2 and 3) Keep some requirements, but make modifications and add new
requirements and programming
●Options 2 and 3 require significant funding and staff time and do not
provide significant flexibility
●Disclaimer: Still waiting for more information and legal guidance
pertaining to these options and their feasibility
Attachment 4, Page 11 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Parking Regulation: Choosing a Pathway
Attachment 4, Page 12 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Choosing a Pathway
●Option 1- No minimum required parking city-wide
●Option 2-Limits parking and adds policies to manage parking
●Option 3- Limits parking further and requires at least one parking
management district
If choose to pursue Options 2 or 3, would need to begin work Fall 2022
Attachment 4, Page 13 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Options 2 & 3 both require
●Reduce mandates based on shared parking, solar panels, EV
charging, car sharing, parking space accessibility, on-street parking,
garage parking.
●Must unbundle parking for multifamily units near frequent transit.
●May not require garages/carports city-wide.
●In Climate Friendly Areas: remove mandates or adopt parking
management policies; unbundle parking for multifamily units
And…
Attachment 4, Page 14 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Additional Option 2 – Parking Management Polices
●Enact 3 out of the 5 policies:
○Unbundle parking for residential units
○Unbundle leased commercial parking
○Flexible commute benefit for businesses with more than 50 employees
○Tax on parking lot revenue
○No more than ½ parking space per unit in multifamily development
●“Unbundled Parking” is a requirement that parking spaces for each unit in a development
be rented, leased, or sold separately from the unit itself.
Attachment 4, Page 15 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Additional Option 3 – Reduced Parking & Parking District
●All of the below:
○No mandates for a variety of specific uses, small sites, vacant buildings,
studios/one bedrooms, historic buildings, LEED or Oregon Reach Code
developments, etc
○No additional parking for changes in use, redevelopments, expansions of
over 30%
○Adopt parking maximums
○No mandates within ½ mile walking distance of Climate-Friendly Areas
○Designate district to manage on-street residential parking.
Attachment 4, Page 16 of 17
City of Springfield Climate Friendly and Equitable Communities – Parking Rules
Questions
Attachment 4, Page 17 of 17
Springfield Implementation Schedule – Climate Friendly and Equitable Communities Rules
12/31/22 Notify DLCD of comprehensive plan amendment for interim Transportation
System Plan (TSP) updates to meet requirements in OAR 660‐012‐0015; only
required if City chooses to do interim amendments to TSP
12/31/22 Implement: Stop parking mandates for certain development types and near
transit corridors per OAR 660‐012‐0430 and ‐0440 for development
applications submitted after this date
3/31/23 Implement: Start electric vehicle charging infrastructure regulations for multi‐
unit permits and mixed use permits of multi‐unit with commercial, per OAR
660‐ 012‐0410 [local adoption not required but is assumed]
6/30/23 Submit Scenario Plan work plan in OAR 660‐044‐0100, including scope of work,
engagement plan, funding, timeline, etc.
May also include alternative dates proposal for effective dates or deadlines
elsewhere in this table; eligible dates/items are listed in OAR 660‐012‐
0012(4)(a‐g) and OAR 660‐012‐0012(3)(e) for 660‐044‐0015
[not eligible items are listed in OAR 660‐012-0012(5)(a‐e)]
6/30/23* Adopt city‐wide parking amendments to comprehensive plan, land use
regulations, and parking programs per OAR 660‐012‐0400, ‐0405 and ‐0415
through ‐0445:
• Parking regulation improvements per OAR 660‐012‐0405 (e.g.,
employee parking areas, parking lot redevelopment, shared parking,
surface parking, parking area trees and standards)
• Parking maximums in CFAs/centers/transit corridors for certain uses per
OAR 660‐012‐0415
• Parking mandates (minimums) options:
o Option A: Eliminate parking mandates citywide < OR >
o Option B: If not eliminating parking mandates, then also:
▪ Parking minimum credits per OAR 660‐012‐0425
▪ No parking mandates for certain development types
per ‐0430 or near transit corridors, per OAR 660‐012‐
0440
▪ Fair parking policy approach of unbundled parking costs,
employer subsidized parking, revenue tax, additional
parking mandate repeals, per OAR 660‐012‐0445
12/31/23* Submit Scenario Plan land use and transportation plan in OAR 660‐044‐0110;
scenario plan analysis, equity performance measures, identify needed
amendments, performance measures, etc.
12/31/23 Submit Climate Friendly Area (CFA) study of potential CFAs including technical
analysis and engagement process, per OAR 660‐012‐0315(4) and (5)
5/31/24 Submit first monitoring report for year 2022 per OAR 660‐012‐0900
6/30/24 Implement: Vehicle Miles Traveled (VMT) transportation modeling for land use
decisions per OAR 660‐012‐0210
12/31/24* Adopt CFA comprehensive plan and land use regulations per OAR 660‐012‐
0315, including land use regulations in ‐0330, bicycle parking in ‐0630, and
either amending the TSP per a multi‐modal transportation gap summary or
developing a standalone gap summary per ‐0325(2)
Attachment 5, Page 1 of 2
12/31/24* Adopt CFA parking regulations and parking program amendments with
adoption of CFAs if using parking Option B (not eliminating parking mandates),
including:
• No parking mandates in CFAs and within ¼ mile or reduced parking
mandates and parking program amendments, per OAR 660‐012‐0435
6/30/25* Takes effect: rules requiring adoption of performance standards at OAR 660‐
012‐0215, TSP update after this date must include these performance
measures
12/31/25 Adopt Housing Capacity Analysis (HCA) including a 20‐year buildable lands
inventory and identification of any housing deficit per OAR 660-008-0045, now
includes planning for 30% of housing in CFAs per OAR 660‐008‐0010
12/31/26 Adopt Housing Production Strategies report, now includes additional provisions
fair and equitable housing, housing location, housing choice, homelessness,
affordable housing, and gentrification, displacement and housing stability, per
OAR 660‐008‐0050
By major
TSP update
12/31/26*
Adopt TSP update and adopt citywide walkability/mixed use/parking land use
regulations in OAR 660‐012‐0330, including bicycle parking in OAR 660‐012‐
0630 [assumed to be no later than the TSP update to adopt the Scenario Plan]
12/31/26* Adopt TSP update prioritizing projects for greenhouse gas reduction targets,
per OAR 660‐012‐0100, and ‐0105 through ‐0200 [assumed to be no later than
the TSP update to adopt the Scenario Plan]
12/31/26* Adopt Scenario Plan comprehensive plan, land use regulations, TSP
amendments in OAR 660‐044‐0130
12/31/26* Adopt major TSP update in OAR 660‐012‐0105, including ‐0100(2) and all
other elements in ‐0100 (which includes adoption of performance measures at
OAR ‐ 0215), and engagement in ‐0120 [assumed to be no later than the TSP
update to adopt the Scenario Plan]
12/31/26 Adopt Housing Capacity Analysis (HCA) including a 20‐year buildable lands
inventory and identification of any housing deficit, now includes planning for
30% of housing in CFAs per OAR 660‐008‐0010
6/30/2027 CFAs must be incorporated into UGB expansions after this date
12/31/2027 Absolute deadline for completion of work program elements, except major TSP
update
12/31/2029 Absolute deadline to adopt major TSP update and all related components
* Denotes that DLCD may approve an alternative date under the Regional Scenario Planning
work program
Attachment 5, Page 2 of 2
Department of Land Conservation and Development
Chapter 660
Division 8
INTERPRETATION OF GOAL 10 HOUSING
660-008-0000
Purpose
(1) The purpose of this division is to ensure opportunity for the provision of adequate numbers
of needed housing units, the efficient use of buildable land within urban growth boundaries,
and to provide greater certainty in the development process so as to reduce housing costs. This
division is intended to provide standards for compliance with Goal 10 "Housing" and to
implement ORS 197.303 through 197.307.
(2) OAR chapter 660, division 7, Metropolitan Housing, is intended to complement and be
consistent with OAR chapter 660, division 8 and Statewide Planning Goal 10 Housing (OAR 660-
015-0000(10). Should differences in interpretation between division 8 and division 7 arise, the
provisions of division 7 shall prevail for cities and counties within the Metro urban growth
boundary.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.295 - 197.314 & 197.475 - 197.490
History:
LCDD 2-2012, f. & cert. ef. 2-14-12
LCDD 3-2004, f. & cert. ef. 5-7-04
LCDC 3-1982, f. & ef. 7-21-82
660-008-0005
Definitions
For the purpose of this division, the definitions in ORS 197.015, 197.295, and 197.303 shall
apply. In addition, the following definitions shall apply:
(1) “Attached Single Family Housing” means common-wall dwellings or rowhouses where each
dwelling unit occupies a separate lot.
(2) “Buildable Land” means residentially designated land within the urban growth boundary,
including both vacant and developed land likely to be redeveloped, that is suitable, available
and necessary for residential uses. Publicly owned land is generally not considered available for
residential uses. Land is generally considered “suitable and available” unless it:
(a) Is severely constrained by natural hazards as determined under Statewide Planning Goal 7;
Attachment 6, Page 1 of 19
(b) Is subject to natural resource protection measures determined under Statewide Planning
Goals 5, 6, 15, 16, 17 or 18;
(c) Has slopes of 25 percent or greater;
(d) Is within the 100-year flood plain; or
(e) Cannot be provided with public facilities.
(3) “Consumers of Needed Housing” means any persons who inhabit or are anticipated to
inhabit Needed Housing.
(4) “Detached Single Family Housing” means a housing unit that is free standing and separate
from other housing units.
(5) “Housing Capacity Analysis” means a document, incorporated into a city’s comprehensive
plan by ordinance, which complies with the provisions of ORS 197.296. A Housing Capacity
Analysis is an assessment of housing need and capacity that includes the inventory,
determination, and analysis required under ORS 197.296(3).
(6) “Housing Needs Projection” refers to a local determination, justified in the plan, of the mix
of housing types, amounts and densities that will be:
(a) Commensurate with the financial capabilities of present and future area residents of all
income levels during the planning period;
(b) Consistent with any adopted regional housing standards, state statutes and Commission
administrative rules; and
(c) Consistent with Goal 14 requirements.
(7) “Housing Production Strategy” means a specific tool, action, policy, or measure a city will
implement to meet the housing needs described in a Housing Capacity Analysis. A Housing
Production Strategy is one component of a Housing Production Strategy Report.
(8) “Housing Production Strategy Report” means the report cities must adopt within one year of
their deadline to complete an updated Housing Capacity Analysis, pursuant to OAR 660-008-
0050.
(9) “Multiple Family Housing” means attached housing where each dwelling unit is not located
on a separate lot.
Attachment 6, Page 2 of 19
(10) “Needed Housing” means housing types determined to meet the need shown for housing
within an urban growth boundary at particular price ranges and rent levels, including at least
the following housing types:
(a) Attached and detached single-family housing and multiple family housing for both owner
and renter occupancy;
(b) Government assisted housing;
(c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490;
(d) Manufactured homes on individual lots planned and zoned for single-family residential use
that are in addition to lots within designated manufactured dwelling subdivisions; and
(e) Housing for farmworkers.
(11) “Producers of Needed Housing” means developers, builders, service providers, or other
persons or entities providing materials and funding needed to build Needed Housing. Producers
of Needed Housing may include non-profit organizations, for-profit organizations, or public
entities.
(12) “Redevelopable Land” means land zoned for residential use on which development has
already occurred but on which, due to present or expected market forces, there exists the
strong likelihood that existing development will be converted to more intensive residential uses
during the planning period.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.295 - 197.314 & ORS 197.475 - 197.490
History:
LCDD 17-2020, amend filed 12/22/2020, effective 01/01/2021
LCDD 2-2012, f. & cert. ef. 2-14-12
LCDD 3-2008, f. & cert. ef. 4-18-08
LCDD 3-2004, f. & cert. ef. 5-7-04
LCDC 3-1990, f. & cert. ef. 6-6-90
LCDC 3-1982, f. & ef. 7-21-82
660-008-0010
Allocation of Buildable Land
(1) The mix and density of needed housing is determined in the housing needs projection.
Sufficient buildable land shall be designated on the comprehensive plan map to satisfy housing
needs by type and density range as determined in the housing needs projection. The local
buildable lands inventory must document the amount of buildable land in each residential plan
designation.
Attachment 6, Page 3 of 19
(2) For purposes of preparing Housing Capacity Analyses as provided in OAR 660-008-0045, the
following provisions apply to local governments that are subject to OAR 660-012-0310(2):
(a) Following the initial designation of climate-friendly areas as required in OAR 660-012-0315,
local governments shall maintain climate-friendly area zones with sufficient zoned residential
building capacity to contain at least 30 percent of current and projected housing needs.
However, the local government shall determine housing capacity within the climate-friendly
area for the purpose of meeting identified housing needs as required by Goal 10 and this
division in a manner consistent with ORS 197.296(5).
(b) The local government shall calculate the zoned residential building capacity within climate-
friendly areas consistent with the provisions of OAR 660-012-0315(2), or utilizing an alternative
methodology as provided in OAR 660-012-0320(10). The local government shall include
demonstration of compliance with this requirement in each subsequent Housing Capacity
Analysis.
(c) The local government shall establish land use requirements in climate-friendly areas as
provided in OAR 660-012-0320 for any newly designated climate-friendly area concurrent with
or prior to the adoption of a Housing Capacity Analysis.
(3) Beginning June 30, 2027:
(a) A local government subject to OAR 660-012-0310(2) that has identified a need to expand its
urban growth boundary to accommodate an identified residential land need shall designate and
zone additional climate-friendly area as provided in OAR 660-012-0315 concurrent with
expansion of the urban growth boundary.
(b) A local government shall designate and zone climate-friendly area of sufficient size to
accommodate the number of housing units equivalent to one-half of the number of additional
housing units that cannot reasonably be accommodated within the current urban growth
boundary.
(c) The local government shall calculate the climate-friendly area needed based on zoned
residential building capacity as provided in OAR 660-012-0315(2), or utilizing an alternative
methodology as provided in OAR 660-012-0320(10), while the local government shall
determine housing capacity within the climate-friendly area for the purpose of meeting
identified housing needs as required by Goal 10 and this division in a manner consistent with
ORS 197.296(5). Identified housing needs that would otherwise necessitate an urban growth
boundary expansion shall only be accommodated in climate-friendly areas to the extent that
the production of needed housing types within the climate-friendly areas may be anticipated
consistent with ORS 197.296(5).
Attachment 6, Page 4 of 19
(d) The local government may choose to designate a portion of the newly expanded urban
growth boundary area as climate-friendly area if the area qualifies for designation as provided
in OAR 660-012-0310(2), or may choose to designate additional climate-friendly area in other
locations within the urban growth boundary that qualify for designation.
(e) The local government may accommodate additional climate-friendly areas within one or
more locations within the urban growth boundary. The designation and zoning of additional
climate friendly area shall comply with all applicable requirements for climate-friendly areas as
provided in OAR 660-012-0310 through OAR 660-012-0325.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.296 - 197.314, 197.475 - 197.490, ORS 197.012 & ORS
197.286
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 2-2012, f. & cert. ef. 2-14-12
LCDC 3-1982, f. & ef. 7-21-82
660-008-0015
Clear and Objective Approval Standards Required
(1) Except as provided in section (2) of this rule, a local government may adopt and apply only
clear and objective standards, conditions and procedures regulating the development of
needed housing on buildable land. The standards, conditions and procedures may not have the
effect, either in themselves or cumulatively, of discouraging needed housing through
unreasonable cost or delay.
(2) In addition to an approval process for needed housing based on clear and objective
standards, conditions and procedures as provided in section (1) of this rule, a local government
may adopt and apply an optional alternative approval process for applications and permits for
residential development based on approval criteria regulating, in whole or in part, appearance
or aesthetics that are not clear and objective if:
(a) The applicant retains the option of proceeding under the approval process that meets the
requirements of section (1);
(b) The approval criteria for the alternative approval process comply with applicable statewide
land use planning goals and rules; and
(c) The approval criteria for the alternative approval process authorize a density at or above the
density level authorized in the zone under the approval process provided in section (1) of this
rule.
Attachment 6, Page 5 of 19
(3) Subject to section (1), this rule does not infringe on a local government’s prerogative to:(a)
Set approval standards under which a particular housing type is permitted outright;(b) Impose
special conditions upon approval of a specific development proposal; or
(c) Establish approval procedures.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.295 - 197.314 & 197.475 - 197.490
History:
LCDD 2-2012, f. & cert. ef. 2-14-12
LCDC 3-1982, f. & ef. 7-21-82
660-008-0020
Specific Plan Designations Required
(1) Plan designations that allow or require residential uses shall be assigned to all buildable
land. Such designations may allow nonresidential uses as well as residential uses. Such
designations may be considered to be "residential plan designations" for the purposes of this
division. The plan designations assigned to buildable land shall be specific so as to
accommodate the varying housing types and densities identified in the local housing needs
projection.
(2) A local government may defer the assignment of specific residential plan designations only
when the following conditions have been met:
(a) Uncertainties concerning the funding, location and timing of public facilities have been
identified in the local comprehensive plan;
(b) The decision not to assign specific residential plan designations is specifically related to
identified public facilities constraints and is so justified in the plan; and
(c) The plan includes a time-specific strategy for resolution of identified public facilities
uncertainties and a policy commitment to assign specific residential plan designations when
identified public facilities uncertainties are resolved.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: 197.295 - 197.314 & 197.475 - 197.490
History:
LCDD 2-2012, f. & cert. ef. 2-14-12
LCDD 5-1999, f. & cert. ef. 7-2-99
LCDC 3-1982, f. & ef. 7-21-82
660-008-0025
The Rezoning Process
Attachment 6, Page 6 of 19
A local government may defer rezoning of land within an urban growth boundary to maximum
planned residential density provided that the process for future rezoning is reasonably justified.
If such is the case, then:
(1) The plan shall contain a justification for the rezoning process and policies which explain how
this process will be used to provide for needed housing.
(2) Standards and procedures governing the process for future rezoning shall be based on the
rezoning justification and policy statement, and must be clear and objective and meet other
requirements in OAR 660-008-0015.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.295 - 197.314 & 197.475 - 197.490
History:
LCDD 2-2012, f. & cert. ef. 2-14-12
LCDC 3-1982, f. & ef. 7-21-82
660-008-0030
Regional Coordination
(1) Each local government shall consider the needs of the relevant region in arriving at a fair
allocation of housing types and densities.
(2) The local coordination body shall be responsible for ensuring that the regional housing
impacts of restrictive or expansive local government programs are considered. The local
coordination body shall ensure that needed housing is provided for on a regional basis through
coordinated comprehensive plans.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.295 - 197.314 & 197.475 - 197.490
History:
LCDD 2-2012, f. & cert. ef. 2-14-12
LCDC 3-1982, f. & ef. 7-21-82
660-008-0035
Substantive Standards for Taking a Goal 2, Part II Exception Pursuant to ORS 197.303(3)
(1) A local government may satisfy the substantive standards for exceptions contained in Goal
2, Part II, upon a demonstration in the local housing needs projection, supported by compelling
reasons and facts, that:
(a) The needed housing type is being provided for elsewhere in the region in sufficient numbers
to meet regional needs;
Attachment 6, Page 7 of 19
(b) Sufficient buildable land has been allocated within the local jurisdiction for other types of
housing which can meet the need for shelter at the particular price ranges and rent levels that
would have been met by the excluded housing type; and
(c) The decision to substitute other housing types for the excluded needed housing type
furthers the policies and objectives of the local comprehensive plan, and has been coordinated
with other affected units of government.
(2) The substantive standards listed in section (1) of this rule shall apply to the ORS 197.303(3)
exceptions process in lieu of the substantive standards in Goal 2, Part II.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.295 - 197.314 & 197.475 - 197.490
History:
LCDD 2-2012, f. & cert. ef. 2-14-12
LCDC 3-1982, f. & ef. 7-21-82
660-008-0040
Restrictions on Housing Tenure
Any local government that restricts the construction of either rental or owner occupied housing
shall include a determination of housing need according to tenure as part of the local housing
needs projection.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.295 - 197.314 & 197.475 - 197.490
History:
LCDD 2-2012, f. & cert. ef. 2-14-12
LCDC 3-1982, f. & ef. 7-21-82
660-008-0045
Housing Capacity Analysis Deadline
Cities described in ORS 197.296(2)(a)(B) and (10)(c)(B) shall demonstrate sufficient Buildable
Lands as scheduled by the Commission.
(1) The Department shall publish the calendar of Housing Capacity Analyses deadlines for cities
identified under ORS 197.296(2)(a)(B) or (10)(c)(B) in Exhibit A.
(2) The deadline for adoption of a Housing Capacity Analysis in a given year is December 31st.
(3) A city will be considered to have met its obligation to adopt a Housing Capacity Analysis
upon adoption of the Housing Capacity Analysis by ordinance. A subsequent appeal of the
Attachment 6, Page 8 of 19
Housing Capacity Analysis will not be considered a failure to comply with the deadline provided
in Exhibit A provided in section (1).
(4) Upon adoption of a Housing Capacity Analysis, the deadline for a subsequent Housing
Capacity Analysis is as follows:
(a) Eight years subsequent for cities that are not within a metropolitan service district; or
(b) Six years subsequent for cities that are within a metropolitan service district.
(5) If a population estimate developed under ORS 195.033 and OAR 660-032-0020 and OAR
660-032-0030 results in a city qualifying under ORS 197.296(2)(a)(B) or (10)(c)(B), the city must
adopt a Housing Capacity Analysis within two years of its qualification or the interval provided
in section (4), whichever is the longer period.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.290, ORS 197.291, ORS 197.293, ORS 197.296 & ORS
197.303
History:
LCDD 1-2022, amend filed 02/14/2022, effective 02/14/2022
LCDD 17-2020, adopt filed 12/22/2020, effective 01/01/2021
660-008-0050
Housing Production Strategy Report Structure
As provided in ORS 197.290(2), a city with a population of more than 10,000 people must
develop and adopt a Housing Production Strategy Report that includes a list of specific actions,
including the adoption of measures and policies that the city shall undertake to promote
development within the city to address a housing need identified under ORS 197.296(3) or (10)
for the most recent 20-year period described in the city’s Housing Capacity Analysis. At a
minimum, this Report must include the following components:
(1) Contextualized Housing Need – A contextualization and incorporation of information from
the most recent Housing Capacity Analysis that describes current and future housing needs in
the context of population and market trends.
(a) At a minimum, this must include a discussion of:
(A) Socio-economic and demographic trends of households living in existing Needed Housing.
This must include a disaggregation of households living in existing Needed Housing by race and
ethnicity;
Attachment 6, Page 9 of 19
(B) Measures already adopted by the city to promote the development of Needed Housing;
(C) Market conditions affecting the provision of Needed Housing;
(D) Existing and expected barriers to the development of Needed Housing;
(E) An estimate of the number of people or households experiencing homelessness. Estimates
must include, as available, the following data sources:
(i) An estimate of regional housing need for people experiencing homelessness provided by the
state or regional entity;
(ii) The applicable Housing and Urban Development Point-in-Time count conducted by the
Continuum of Care that the city is located within;
(iii) The applicable Housing and Urban Development Annual Homelessness Assessment Report;
and
(iv) The applicable McKinney-Vento Homeless Student Data for all school districts that overlap
with the city boundary.
(F) Percentage of Rent Burdened Households, as determined in the report described in OAR
813-112- 0020(2);
(G) Housing tenure, including rental and owner households; and
(H) Housing needs for people with disabilities, including hearing, vision, cognitive, ambulatory,
self-care difficulty, and independent living as provided in the applicable American Community
Survey and other data sets, as available.
(b) A city may use the following types and sources of data to further contextualize housing need
for the purposes of this section:
(A) The percentage of housing stock that is market rate compared to the percentage of housing
stock that is subsidized to make it affordable;
(B) Units that the city has permitted but which have not yet been produced;
(C) Population groups that are not typically accounted for in a Housing Capacity Analysis,
including but not limited to college and university students or second homeowners;
(D) Redevelopment rates that impact the preservation of existing affordable market-rate units;
and
Attachment 6, Page 10 of 19
(E) Other types and sources of data to refine housing need for those experiencing
homelessness, including:
(i) Data collected by local Coordinated Care Organizations;
(ii) Data collected by community action agencies;
(iii) The capacity of existing emergency shelters;
(iv) Rental and homeowner vacancy rates;
(v) Change in gross or net property values or rent over time;
(vi) Qualitative data that illustrate specific needs of people experiencing homelessness; and
(vii) Other local houseless population datasets
(2) Engagement – A Housing Production Strategy Report must include a narrative summary of
the process by which the city engaged Consumers of Needed Housing and Producers of Needed
Housing, especially with regard to state and federal protected classes. A city may conduct
engagement for a Housing Production Strategy concurrent with other housing planning efforts
within the city including, but not limited to, a Housing Capacity Analysis, Consolidated Plans for
Community Development Block Grant Entitlement Communities, and public engagement for
Severely Rent Burdened Households as described in OAR 813-112-0010. The narrative summary
must include the following elements:
(a) A list and description of stakeholders who will be impacted by potential Housing Production
Strategies, stating who was engaged and why, including Consumers of Needed Housing and
Producers of Needed Housing;
(b) A summary of feedback received from each stakeholder group;
(c) A description of how the information from stakeholders influenced implementation of
Housing Production Strategies adopted by the city as provided in section (3); and
(d) An evaluation of how to improve engagement practices for future housing engagement
efforts conducted by the city.
(3) Strategies to Meet Future Housing Need – A Housing Production Strategy Report must
identify a list of specific actions, measures, and policies needed to address housing needs
identified in the most recent Housing Capacity Analysis. The strategies proposed by a city must
collectively address the next 20-year housing need identified within the most recent Housing
Capacity Analysis and contextualized within the Report as provided in section (1). A Housing
Production Strategy Report may identify strategies including, but not limited to, those listed in
Attachment 6, Page 11 of 19
the Housing Production Strategy Guidance for Cities published by the Commission under Exhibit
B. For each identified Housing Production Strategy, the Housing Production Strategy Report
must include:
(a) A description of the Housing Production Strategy chosen;
(b) A timeline for adoption of the Housing Production Strategy;
(c) A timeline for implementation of the Housing Production Strategy; and
(d) An estimated magnitude of impact of the Housing Production Strategy, including:
(A) Housing need addressed by the identified Housing Production Strategy by tenure and
income;
(B) An estimate of the number of housing units that are anticipated to be created through
implementation of the identified Housing Production Strategy;
(C) An analysis of the income and demographic populations that are anticipated to receive
benefit or burden from the Housing Production Strategy, including:
(i) Low-income communities;
(ii) Communities of color;
(iii) People with disabilities; and
(iv) Other state and federal protected classes; and
(D) A time frame over which the Housing Production Strategy is expected to impact Needed
Housing.
(4) Achieving Fair and Equitable Housing Outcomes – A Housing Production Strategy Report
must include a narrative summarizing how the selected Housing Production Strategies, in
combination with other city actions, will achieve equitable outcomes with regard to the
following factors:
(a) Location of Housing - How the city is striving to meet statewide greenhouse gas emission
reduction goals, established under Executive Order No. 20-04, by creating compact, mixed-use
neighborhoods available to people who are members of state and federal protected classes.
Within Metro, cities subject to this rule shall describe actions taken by the city to promote the
production of regulated affordable units, as defined in ORS 456.586(1)(b); to promote the
production of accessible dwelling units; to mitigate or avoid the displacement of members of
state and federal protected classes; and to remove barriers and increase housing choice for
Attachment 6, Page 12 of 19
members of state and federal protected classes within Region 2040 centers. Cities subject to
this rule and OAR 660-012-0310(2) shall describe actions taken by the city to promote the
production of regulated affordable units, as defined in ORS 456.586(1)(b); to promote the
production of accessible dwelling units; to mitigate or avoid the displacement of members of
state and federal protected classes; and to remove barriers and increase housing choice for
members of state and federal protected classes within climate-friendly areas. An accessible
dwelling unit is a dwelling unit constructed to accommodate persons with disabilities, in
compliance with the Americans with Disabilities Act and applicable construction requirements
in adopted building codes;
(b) Fair Housing - How the city is affirmatively furthering fair housing for all state and federal
protected classes. Affirmatively furthering fair housing means addressing disproportionate
housing needs, patterns of integration and segregation, racially or ethnically concentrated
areas of poverty, and disparities in access to housing opportunity;
(c) Housing Choice – How the city is facilitating access to housing choice for communities of
color, low- income communities, people with disabilities, and other state and federal protected
classes. Housing choice includes access to existing or new housing that is located in
neighborhoods with high-quality community amenities, schooling, employment and business
opportunities, and a healthy and safe environment.
(d) Housing options for residents experiencing homelessness – How the city is advocating for
and enabling the provision of housing options for residents experiencing homelessness and
how the city is partnering with other organizations to promote services that are needed to
create permanent supportive housing and other housing options for residents experiencing
homelessness;
(e) Affordable Homeownership and Affordable Rental Housing – How the city is supporting and
creating opportunities to encourage the production of affordable rental housing and the
opportunity for wealth creation via homeownership, primarily for state and federal protected
classes that have been disproportionately impacted by past housing policies; and
(f) Gentrification, Displacement, and Housing stability – How the city is increasing housing
stability for residents and mitigating the impacts of gentrification, as well as the economic and
physical displacement of existing residents resulting from investment or redevelopment.
(5) A Housing Production Strategy Report must include the following additional elements:
(a) A description of any opportunities, constraints, or negative externalities associated with
adoption of the elements of proposed Housing Production Strategies;
(b) A description of actions that the city and other stakeholders must take to implement the
proposed Housing Production Strategies;
Attachment 6, Page 13 of 19
(c) If the Housing Production Strategy Report is the first produced under this division, a
description of how the city will measure strategy implementation and progress;
(d) If the Housing Production Strategy Report is not the first produced under this section, a
summary of strategies that the city has previously adopted and implemented, and a reflection
on the efficacy of each implemented strategy; and
(e) A copy of the city’s most recently completed survey to meet the requirements of ORS
456.586.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.290, ORS 197.291, ORS 197.293, ORS 197.296, ORS
197.303 & ORS 197.012
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 1-2022, amend filed 02/14/2022, effective 02/14/2022
LCDD 17-2020, adopt filed 12/22/2020, effective 01/01/2021
660-008-0055
Review of Housing Production Strategy Reports
(1) No later than 20 days after a city’s adoption or amendment of a Housing Production
Strategy Report, a city must submit the adopted Report or amended Report to the Department.
(2) On the same day the city submits notice of the Housing Production Strategy Report or
amended Report to the Department, the city must provide a notice to persons who participated
in the proceedings that led to the adoption of the Housing Production Strategy Report and
requested notice in writing.
(3) Within ten days of receipt of the submission under section (1), the Department must
provide notice to persons described under ORS 197.615 (3).
(4) Notices given under sections (2) and (3) must state:
(a) How and where materials described under section (5) may be freely obtained;
(b) That comments on the Housing Production Strategy Report may be submitted to the
Department within 45 days after the Department has received the submission under section
(1); and
(c) That there is no further right of appeal of the Department’s decision under section (7).
(5) The submission under section (1) must include copies of:
Attachment 6, Page 14 of 19
(a) The signed decision adopting the Housing Production Strategy Report or amended Report;
(b) The text of the Housing Production Strategy Report as provided in OAR 660-008-0050 and
any amendments to the most recent Report submitted under section (1);
(c) A brief narrative summary of the Housing Production Strategy Report; and
(d) The information that the city reviewed and considered under section (6).
(6) The Department shall review the accuracy and sufficiency of the Housing Production
Strategy Report based upon the following:
(a) Unmet housing need as described in ORS 197.296(6);
(b) Unmet housing need in proportion to the city’s population;
(c) Percentage of households identified as severely rent burdened;
(d) Recent housing development;
(e) Recent adoption of a Housing Production Strategy or implementation of actions therein;
(f) The city’s response to address the housing needs of those experiencing homelessness;
(g) Increased access to housing opportunity including the elimination of barriers to fair and
equitable housing options;
(h) Other attributes that the Commission considers relevant; and
(i) Recent or frequent failure to address the metrics listed in the criteria in this subsection.
(7) The Department shall, within 120 days after receiving the submission under section (1):
(a) Approve the Housing Production Strategy Report;
(b) Approve the Housing Production Strategy Report, subject to further review and actions
recommended by the Department based on its review under section (6); or
(c) Remand the Housing Production Strategy Report for further modification as identified by the
Department.
(8) A determination by the Department under section (7) is not a land use decision and is final
and not subject to appeal.
Attachment 6, Page 15 of 19
(9) The Department will maintain an annual summary of proposed Housing Production
Strategies included in Reports submitted under section (1) and reports submitted under OAR
660-008-0060.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.290, ORS 197.291, ORS 197.293, ORS 197.296 & ORS
197.303
History:
LCDD 17-2020, adopt filed 12/22/2020, effective 01/01/2021
660-008-0060
Reporting on Housing Production Strategy Implementation
(1) Cities required to adopt a Housing Production Strategy Report under ORS 197.290(1), must
submit a narrative report to the Department for review and comment based on the following
schedule:
(a) For cities that are within a metropolitan service district boundary, no later than December
31st three years after the city adopted a Housing Production Strategy Report; or
(b) For cities that are not within a metropolitan service district boundary, no later than
December 31st four years after the city adopted a Housing Production Strategy Report.
(2) The narrative report a city submits under section (1) must include the following:
(a) A summary of the actions already taken by the city to implement the Strategies to Meet
Future Housing Need adopted in the city’s most recent Housing Production Strategy Report. If
the city has not implemented Strategies to Meet Future Housing Need on the schedule adopted
in their most recent Housing Production Strategy Report, the city must provide an explanation
of the circumstances or factors that posed a barrier to implementation and a plan for
addressing the identified need that the strategy addressed;
(b) A reflection of the relative efficacy of implemented Strategies to Meet Future Housing Need
adopted in the city’s most recent Housing Production Strategy Report; and
(c) A reflection of the actions taken in response to the factors identified in OAR 660-008-
0050(4).
(3) Upon submittal of the narrative report developed under section (1), the Department will
review the report for consistency with the Housing Production Strategy Report approved under
criteria provided in OAR 660-008-0055(6). The Department may also consider reporting under
ORS 456.586(4) as part of this review.
Attachment 6, Page 16 of 19
(4) Within ten days of receipt of the submission under section (1), the Department must
provide notice to persons described under ORS 197.615 (3).
(5) Should the Department find the narrative report submitted under section (1) does not
substantially comply with the criteria in OAR 660-008-0055(3), the Department may take action
identified in OAR 660-008-0070.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.290, ORS 197.291, ORS 197.293, ORS 197.296 & ORS
197.303
History:
LCDD 17-2020, adopt filed 12/22/2020, effective 01/01/2021
660-008-0065
Non-Compliance in Adoption of Housing Capacity Analysis or Housing Production Strategy
Report
The Department will review a city’s Housing Capacity Analysis and a city’s Housing Production
Strategy Report for compliance with the applicable portions ORS 197.296 and this division. If
the city does not sufficiently meet the criteria provided in ORS 197.296 or this division, the
Department may engage with the city in one or more of the following actions:
(1) If a city determines that it will be unable to adopt a Housing Capacity Analysis or Housing
Production Strategy Report by the prescribed deadline, the city must notify the Department of
the expected delinquency at least 60 days before the applicable deadline for a Housing Capacity
Analysis or Housing Production Strategy Report. In response, the Department and the city may
agree to remediation either through enhanced review of documents, directed technical
assistance to overcome the impediment as available, or other similar measures, and include
timelines for completion.
(2) If the city has not submitted a Housing Production Strategy Report for Department review
by the deadline provided in OAR 660-008-0050 and has not notified the Department of an
expected delinquency, the Department may work with the city and may seek mitigation of the
delinquency through an Intergovernmental Agreement outlining specific compliance actions,
timeline of deliverables, and subsequent enforcement actions. The Intergovernmental
Agreement may include directed technical assistance or financial resources.
(3) If the Department and the city have entered into an Intergovernmental Agreement under
section (2) and the city, at the discretion of the Department, has not sufficiently mitigated the
identified delinquency, the Department may remove the city from consideration of technical
assistance or other financial resource awards.
(4) If the city does not adopt a Housing Capacity Analysis or Housing Production Strategy Report
as provided in this division, does not enter into an Intergovernmental Agreement with the
Attachment 6, Page 17 of 19
Department to remedy the deficiency, or does not comply with the terms of an
Intergovernmental Agreement to remedy the deficiency, the Department may request the
Commission to act under ORS197.319 to 197.335 to require the city to comply with ORS
197.295 to 197.314, this division, or statewide land use planning goals related to housing or
urbanization.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.290, ORS 197.291, ORS 197.293, ORS 197.296 & ORS
197.303
History:
LCDD 17-2020, adopt filed 12/22/2020, effective 01/01/2021
660-008-0070
Non-Compliance in Adoption and Implementation of Strategies to Meet Future Housing Need
Identified in a Housing Production Strategy Report
The Department shall review a city’s Housing Production Strategy Report and narrative reports
pursuant to OAR 660-008-0060 based upon criteria provided in OAR 660-008-0055. If there is a
delinquency in the adoption or implementation of an identified strategy, the Department may
engage with the city in one or more of the following actions:
(1) If circumstances impede a city’s ability to implement one or more Strategies to Meet Future
Housing Need in coherence with the timeline adopted in the city’s Housing Production Strategy
Report, the city must notify the Department of the expected delinquency within 90 days of the
end of the timeline to implement the specific Strategy to Meet Future Housing Need adopted in
the city’s Housing Production Strategy Report. The notice must identify specific actions, or a
combination of actions, that the city is currently taking, or will take, to address the delinquency.
This may include, but is not required to include, amendments to the adopted Housing
Production Strategy Report such that the city identifies a different action, or combination of
actions, to address the specific housing need. The Department and the city may agree to
remediation either through enhanced review of the documents, directed technical assistance to
overcome the impediment as available, or other similar agreement.
(2) If a city does not take sufficient action to mitigate the identified delinquency, either through
a failure to provide notice to the Department as provided in section (1) or through a failure to
implement the specific actions, or combination of actions, by the timeline identified in the
notice to the Department pursuant to section (1), the Department shall work with the city and
may seek mitigation of the issues through an Intergovernmental Agreement outlining specific
compliance actions, a timeline of deliverables, and subsequent enforcement actions. The
Intergovernmental Agreement may or may not include directed technical assistance or financial
resources.
(3) If the Department and the city have entered into an Intergovernmental Agreement under
section (2) and the city, at the discretion of the Department, has not sufficiently mitigated the
Attachment 6, Page 18 of 19
identified delinquency, the Department may remove the city from consideration of technical
assistance or financial resource awards.
(4) If the Department finds that the city consistently or routinely does not satisfy the terms of
Intergovernmental Agreements and the criteria provided in OAR 660-008-0055 or this section,
the Department may petition the Commission to act under ORS 197.319 to 197.335 to require
the city to comply with ORS 197.295 to 197.314, this division, or statewide land use planning
goals related to housing or urbanization.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.290, ORS 197.291, ORS 197.293, ORS 197.296 & ORS
197.303
History:
LCDD 17-2020, adopt filed 12/22/2020, effective 01/01/2021
Attachment 6, Page 19 of 19
Department of Land Conservation and Development
Chapter 660
Division 12
TRANSPORTATION PLANNING
660-012-0000
Purpose
(1) This division implements Statewide Planning Goal 12 (Transportation) to provide and
encourage a safe, convenient, and economic transportation system. This division also
implements provisions of other statewide planning goals related to transportation planning in
order to plan and develop transportation facilities and services in close coordination with urban
and rural development. The purpose of this division is to direct transportation planning in
coordination with land use planning to:
(a) Provide for safe transportation for all Oregonians;
(b) Promote the development of transportation systems adequate to serve statewide, regional,
and local transportation needs;
(c) Provide a transportation system that serves the mobility and access needs of those who
cannot drive and other underserved populations;
(d) Provide for affordable, accessible and convenient transit, pedestrian, and bicycle access and
circulation, with improved connectivity to destinations people want to reach, such as education
facilities, workplaces, services, shopping, places of worship, parks, open spaces, and community
centers;
(e) Reduce pollution from transportation to meet statewide statutory and executive goals to
reduce climate pollution;
(f) Recognize and remedy impacts of past practices that have harmed underserved populations,
such as redlining, displacement, exclusionary zoning, inaccessible design, and roadway and
other public infrastructure siting;
(g) Engage underserved populations in decision-making and prioritize investments serving those
communities;
(h) Facilitate the safe flow of freight, goods, and services within regions and throughout the
state through a variety of modes including road, air, rail, and marine transportation;
(i) Protect the functions of existing and planned transportation facilities, corridors, and sites;
Attachment 7, Page 1 of 140
(j) Provide for the construction and implementation of transportation facilities, improvements,
and services necessary to support acknowledged comprehensive plans;
(k) Identify how transportation facilities are provided on rural lands consistent with the
statewide planning goals;
(l) Protect and restore safe passage for fish and wildlife, flood waters, and other natural system
functions at roadway crossings of waterbodies and other native habitat corridors;
(m) Require coordination among affected local governments and transportation service
providers and consistency between state, regional, and local transportation plans; and
(n) Encourage changes to comprehensive plans to be supported by adequate planned
transportation facilities for all modes.
(2) In meeting the purposes described in section (1), coordinated land use and transportation
plans should ensure the transportation system supports a pattern of travel and land use in
urban areas that will avoid common air pollution, climate pollution, inequity, wasteful
spending, and health and livability problems, through measures designed to increase
transportation options and make more efficient use of the existing transportation system.
(3) The extent of planning required by this division and the outcome of individual
transportation plans will vary depending on community size, needs and circumstances.
Generally, larger and faster growing communities and regions will need to prepare more
comprehensive and detailed plans, while smaller communities and rural areas will have more
general plans. For all communities, the mix of planned transportation facilities and services
should be sufficient to promote economic, sustainable, and environmentally sound mobility
and accessibility for all Oregonians. Coordinating land use and transportation planning will also
complement efforts to meet other state and local objectives, including containing urban
development, reducing the cost of public services, protecting farm and forest land, reducing air,
water, and noise pollution, conserving energy, and reducing climate pollution.
(a) In all urban areas, coordinated land use and transportation plans are intended to provide
safe transportation and to enhance, promote and facilitate safe and convenient pedestrian and
bicycle travel by planning a well-connected network of streets, sidewalks, paths, and trails, and
supporting improvements for non-driving travel modes.
(b) In urban areas with a population greater than 25,000 persons, coordinated land use and
transportation plans are intended to improve livability and accessibility by promoting the
provision of transit service and more efficient performance of existing transportation facilities
through transportation system management and demand management measures.
(c) Within metropolitan areas, coordinated land use and transportation plans are intended to
improve livability and accessibility by promoting changes in the transportation system and land
Attachment 7, Page 2 of 140
use patterns. A key outcome of this effort is a reduction in dependence on single occupant
automobile use, particularly during peak periods. To accomplish this outcome, this division
promotes increased planning for non-driving modes and street connectivity and encourages
land use patterns throughout urban areas that make it more convenient for people to walk,
bicycle, use transit, use automobile travel more efficiently, and drive less to meet their daily
needs. The result of applying these portions of the division will vary within metropolitan areas.
Some parts of urban areas, such as downtowns, pedestrian districts, transit-oriented
developments, climate-friendly areas, areas along priority transit corridors, and other mixed-
use, pedestrian-friendly centers, will be highly convenient for a variety of modes, including
walking, bicycling and transit, while others will be more auto-oriented while still providing safe
and convenient access and circulation by other modes. In all instances, infrastructure shall be
designed and constructed to deliver safety and convenience for all Oregonians.
(4) This division sets requirements for coordination among affected levels of government and
transportation service providers for preparation, adoption, refinement, implementation, and
amendment of transportation system plans. Transportation system plans adopted pursuant to
this division fulfill the requirements for public facilities required under ORS 197.712(2)(e), Goal
11 and OAR chapter 660, division 11, as they relate to transportation facilities. The rules in this
division are not intended to make local government determinations “land use decisions” under
ORS 197.015(10). The rules recognize, however, that under existing statutory and case law,
many determinations relating to the adoption and implementation of transportation plans will
be land use decisions.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 195.012, ORS 197.040, ORS 197.712, ORS 197.717 & ORS
197.732
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDD 6-1998 f. & cert. ef. 10-30-98
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0005
Definitions
(1) “Access Management” means measures regulating access to streets, roads and highways
from public roads and private driveways. Measures may include but are not limited to
restrictions on the siting of interchanges, restrictions on the type and amount of access to
roadways, and use of physical controls, such as signals and channelization including raised
medians, to reduce impacts of approach road traffic on the main facility.
Attachment 7, Page 3 of 140
(2) “Accessible dwelling unit” means a dwelling unit constructed to accommodate persons with
disabilities, in compliance with the Americans with Disabilities Act and applicable construction
requirements in adopted building codes.
(3) “Accessible” means complying with the American with Disabilities Act.
(4) “Accessway” means a walkway that provides pedestrian and or bicycle passage either
between streets or from a street to a building or other destination such as a school, park, or
transit stop. Accessways generally include a walkway and additional land on either side of the
walkway, often in the form of an easement or right-of-way, to provide clearance and separation
between the walkway and adjacent uses. Accessways through parking lots are generally
physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar
devices and include landscaping, trees, and lighting. Where accessways cross driveways, they
are generally raised, paved, or marked in a manner that provides convenient access for
pedestrians.
(5) “Affected Local Government” means a city, county, or metropolitan service district that is
directly impacted by a proposed transportation facility or improvement.
(6) “Approach Road” means a legally constructed, public or private connection that provides
vehicular access either to or from or to and from a highway and an adjoining property.
(7) “Area, net” means the total area of a development site exclusive of proposed or existing
public rights of way, public parks, public open space, protected natural features, and any other
areas permanently precluded from development due to development constraints, easements,
or similar legal instruments.
(8) “At or near a major transit stop”: “At” means a parcel or ownership that is adjacent to or
includes a major transit stop generally including portions of such parcels or ownerships that are
within 200 feet of a transit stop. “Near” generally means a parcel or ownership that is within
300 feet of a major transit stop. The term “generally” is intended to allow local governments
through their plans and ordinances to adopt more specific definitions of these terms
considering local needs and circumstances consistent with the overall objective and
requirement to provide convenient pedestrian access to transit.
(9) “Bicycle boulevard” means bicycle facilities on streets with low motorized traffic volumes
and speeds, designated and designed to give bicycle travel priority. Bicycle boulevards use
signs, markings, traffic diverters, or other measures to discourage through trips by motor
vehicles. A bicycle boulevard may also include traffic control features to create safe, convenient
bicycle crossings of intersecting streets.
(10) “Climate-friendly area” means an urban mixed-use area containing, or planned to contain,
a mixture of higher-density housing, jobs, businesses, and services. These areas are served by,
or planned for service by, high-quality pedestrian, bicycle, and transit infrastructure and
Attachment 7, Page 4 of 140
services to provide frequent and convenient connections to key destinations within the city and
region. These areas feature a well-designed and connected pedestrian environment. To
maximize community benefits these areas typically do not contain or require large parking lots,
and are provided with abundant tree canopy and vegetation to provide shade, cooling, and
other amenities to visitors, residents, and employees. Climate-friendly areas will reduce the
reliance on light duty motor vehicle trips for residents, workers, and visitors by providing more
proximate destinations within climate-friendly areas, improved connectivity to key destinations
elsewhere in the community, and enhanced alternative transportation options.
(11) “Commercial parking lot” means a site without a primary use where vehicle parking spaces
are rented or leased. It does not include shared parking.
(12) “Committed transportation facilities” means those proposed transportation facilities and
improvements that are consistent with the acknowledged comprehensive plan and have
approved funding for construction in a public facilities plan or the Six-Year Highway or
Transportation Improvement Program.
(13) “Demand management” means actions that are designed to change travel behavior in
order to improve performance of transportation facilities and to reduce need for additional
road capacity. Methods may include, but are not limited to, the use of non-driving modes, ride-
sharing and vanpool programs, trip-reduction ordinances, shifting to off-peak periods, and
reduced or paid parking.
(14) “Equitable outcomes” means outcomes that burdens underserved populations less than
and benefits underserved populations as much or more as the city or county population as a
whole. Examples of equitable outcomes include:
(a) Increased stability of underserved populations, lowering the likelihood of displacement due
to gentrification from public and private investments;
(b) More accessible, safe, affordable and equitable transportation options with better
connectivity to destinations people want to reach;
(c) Adequate housing with access to employment, education, fresh food, goods, services,
recreational and cultural opportunities, and social spaces;
(d) Increased safety for people in public spaces, transportation and community development;
(e) Equitable access to parks, nature, open spaces, and public spaces;
(f) Better and more racially equitable health outcomes across the lifespan, particularly health
outcomes connected to transportation choices, air pollution, and food;
Attachment 7, Page 5 of 140
(g) Recognizing and remedying impacts of past practices such as redlining, displacement,
exclusionary zoning, and roadway and other public infrastructure siting decisions that harmed
underserved communities; and
(h) Fairly-distributed benefits to residents and local governments across cities and counties
within metropolitan areas.
(15) “Freeway” means a limited-access highway with access points exclusively from
interchanges with other streets and highways. Limited access may be provided for rural land
uses in rural areas where no other access is available.
(16) “Horizon year” means the final year of the twenty-year planning period.
(17) “Influence area of an interchange” means the area 1,320 feet from an interchange ramp
terminal measured on the crossroad away from the mainline.
(18) “Local streets” means streets that are functionally classified as local streets to serve
primarily local access to property and circulation within neighborhoods or specific areas. Local
streets do not include streets functionally classified as collector or arterials.
(19) “Local Street Standards” include but are not limited to standards for right-of-way,
pavement width, travel lanes, parking lanes, curb turning radius, and accessways.
(20) “Major” means, in general, those facilities or developments that, considering the size of
the urban or rural area and the range of size, capacity or service level of similar facilities or
developments in the area, are either larger than average, serve more than neighborhood needs
or have significant land use or traffic impacts on more than the immediate neighborhood:
(a) “Major” as it modifies transit corridors, stops, transfer stations, and new transportation
facilities means those facilities that are most important to the functioning of the system or that
provide a high level, volume, or frequency of service;
(b) “Major” as it modifies industrial, institutional, and retail development means such
developments that are larger than average, serve more than neighborhood needs, or that have
traffic impacts on more than the immediate neighborhood;
(c) Application of the term “major” will vary from area to area depending upon the scale of
transportation improvements, transit facilities, and development that occur in the area. A
facility considered to be major in a smaller or less densely developed area may, because of the
relative significance and impact of the facility or development, not be considered a major
facility in a larger or more densely developed area with larger or more intense development or
facilities.
Attachment 7, Page 6 of 140
(21) “Major transit stop” means existing and planned transit stations, including light rail stations
and other transit transfer stations, except for temporary facilities; other planned stops
designated as major transit stops in a transportation system plan and existing stops that:
(a) Have or are planned for an above average frequency of scheduled, fixed-route service when
compared to region wide service. In urban areas of 1,000,000 or more population, major transit
stops are generally located along routes that have or are planned for 15-minute or better
service frequency throughout the day and on weekends; and
(b) Are located in a transit-oriented development or within one-quarter mile of an area planned
and zoned for:
(A) Medium or high-density residential development; or
(B) Intensive commercial or institutional uses within one-quarter mile of land uses in paragraph
(A); or
(C) Uses likely to generate a relatively high level of transit ridership.
(22) “Metropolitan area” means the local governments that are responsible for adopting local
or regional transportation system plans within a metropolitan planning organization (MPO)
boundary. This includes cities, counties, and, in the Portland Metropolitan Area, Metro.
(23) “Metropolitan Planning Organization (MPO)” means an organization located within the
State of Oregon and designated by the Governor to coordinate transportation planning in an
urbanized area of the state including such designations made subsequent to the adoption of
this rule. The Longview-Kelso-Rainier and Walla Walla Valley MPOs are not considered MPOs
for the purposes of this division.
(24) “Minor transportation improvements” include, but are not limited to, signalization,
addition of turn lanes or merge/deceleration lanes on arterial or collector streets, provision of
local streets, transportation system management measures, modification of existing
interchange facilities within public right of way and design modifications located within an
approved corridor. Minor transportation improvements may or may not be listed as planned
projects in a TSP where the improvement is otherwise consistent with the TSP. Minor
transportation improvements do not include new interchanges; new approach roads within the
influence area of an interchange; new intersections on limited access roadways, highways, or
expressways; new collector or arterial streets, road realignments or addition of travel lanes.
(25) “ODOT” means the Oregon Department of Transportation.
(26) “Parking benefit district” means a designated area where some of the revenues from
parking fees or permits for public parking within the designated area are dedicated to public
improvements in the area.
Attachment 7, Page 7 of 140
(27) “Parking mandates” means requirements to include a minimum number of off-street
parking spaces with development or redevelopment, or a fee-in-lieu of providing parking for
residential development.
(28) “Parking maximums” means limits on the number of off-street parking spaces that can be
included in a development.
(29) “Parking spaces” means on and off-street spaces designated for automobile parking, other
than parking spaces reserved for carpools, vanpools, or parking under the Americans with
Disabilities Act.
(30) “Pedestrian district” means a comprehensive plan designation or implementing land use
regulations, such as an overlay zone, that establish requirements to provide a safe and
convenient pedestrian environment in an area planned for a mix of uses likely to support a
relatively high level of pedestrian activity. Such areas include but are not limited to:
(a) Lands planned for a mix of commercial or institutional uses near lands planned for medium
to high-density housing; or
(b) Areas with a concentration of employment and retail activity; and
(c) That have, or could develop, or have planned a network of streets and accessways that
provide convenient pedestrian circulation.
(31) “Pedestrian facility” means a continuous, unobstructed, reasonably direct route between
two points that is intended and suitable for pedestrian use. Pedestrian facilities include but are
not limited to sidewalks, walkways, accessways, stairways and pedestrian bridges. On
developed parcels, pedestrian facilities are generally hard surfaced. In parks and natural areas,
pedestrian facilities may be soft-surfaced pathways. On undeveloped parcels and parcels
intended for redevelopment, pedestrian facilities may also include rights of way or easements
for future pedestrian improvements.
(32) “Pedestrian plaza” means a small semi-enclosed area usually adjoining a sidewalk or a
transit stop that provides a place for pedestrians to sit, stand or rest. They are usually paved
with concrete, pavers, bricks, or similar material and include seating, pedestrian scale lighting,
and similar pedestrian improvements. Low walls or planters and landscaping are usually
provided to create a semi-enclosed space and to buffer and separate the plaza from adjoining
parking lots and vehicle maneuvering areas. Plazas are generally located at a transit stop,
building entrance, or an intersection and connect directly to adjacent sidewalks, walkways,
transit stops, and buildings. A plaza including 150-250 square feet would be considered “small.”
(33) “Pedestrian scale” means site and building design elements that are dimensionally less
than those intended to accommodate automobile traffic, flow, and buffering. Examples include
Attachment 7, Page 8 of 140
ornamental lighting of limited height; bricks, pavers, or other modules of paving with small
dimensions; a variety of planting and landscaping materials; arcades or awnings that reduce the
height of walls; and signage and signpost details that can only be perceived from a short
distance.
(34) “People with disabilities” means people who have a record or history of physical, mental,
intellectual, or sensory impairments that in interaction with various barriers may hinder their
full and effective participation in society on an equal basis with others.
(35) “Planning period” means the twenty-year period beginning with the date of adoption of a
TSP to meet the requirements of this division.
(36) “Preliminary Design” means an engineering design that specifies in detail the location and
alignment of a planned transportation facility or improvement.
(37) “Priority transit corridor” means a corridor that has a high existing or planned level of
transit service relative to other transit service in the community, including service frequency
and span of service. The corridor may be described as a series of stations when served by high-
capacity transit services with widely spaced stations.
(38) “Reasonably direct” means either a route that does not deviate unnecessarily from a
straight line or a route that does not involve a significant amount of out-of-direction travel for
likely users.
(39) “Refinement Plan” means an amendment to the transportation system plan, that resolves,
at a systems level, determinations on function, mode or general location which were deferred
during transportation system planning because detailed information needed to make those
determinations could not reasonably be obtained during that process.
(40) “Regional Transportation Plan” or “RTP” means the long-range transportation plan
prepared and adopted by a metropolitan planning organization for a metropolitan area as
provided for in federal law.
(41) “Roads” means streets, roads, and highways.
(42) “Rural community” means areas defined as resort communities and rural communities in
accordance with OAR 660-022-0010(6) and (7). For the purposes of this division, the area need
only meet the definitions contained in the Unincorporated Communities Rule although the area
may not have been designated as an unincorporated community in accordance with OAR 660-
022-0020.
(43) “Separated or protected bicycle facilities” means bicycle facilities that are physically
separated or protected from motor vehicle traffic by barriers that inhibit intrusion into the
bicycle facility. Protection may include parked motor vehicles. Separated or protected bicycle
Attachment 7, Page 9 of 140
facilities may be unidirectional or two-way. Separated or protected bicycle facilities are
designed to address conflicting traffic at intersections and other vehicular accesses to the street
or highway.
(44) “Shared parking” means parking spaces used to meet the parking mandates for two or
more uses, structures, or parcels of land, to the extent that the owners or operators show the
overall demand for parking spaces can be met by the shared parking.
(45) “Transit-Oriented Development (TOD)” means a mix of residential, retail, and office uses
and a supporting network of roads, bicycle, and pedestrian ways focused on a major transit
stop designed to support a high level of transit use. The key features of transit-oriented
development include:
(a) A mixed-use center at the transit stop, oriented principally to transit riders and pedestrian
and bicycle travel from the surrounding area;
(b) High density of residential development proximate to the transit stop sufficient to support
transit operation and neighborhood commercial uses within the TOD;
(c) A network of roads, and bicycle and pedestrian paths to support high levels of pedestrian
access within the TOD and high levels of transit use.
(46) “Transportation Facilities” means any physical facility that moves or assist in the
movement of people or goods including facilities identified in OAR 660-012-0020 but excluding
electricity, sewage, and water systems.
(47) “Transportation System Management Measures” means techniques for increasing the
efficiency, safety, capacity, or level of service of a transportation facility without increasing its
size. Examples include, but are not limited to, traffic signal improvements, traffic control
devices including installing medians and parking removal, channelization, access management,
ramp metering, and restriping of high occupancy vehicle (HOV) lanes.
(48) “Transportation Needs” means estimates of the movement of people and goods consistent
with acknowledged comprehensive plan and the requirements of this division. Needs are
typically based on projections of future travel demand resulting from a continuation of current
trends as modified by policy objectives, including those expressed in Goal 12 and this division,
and attaining the state’s goals for greenhouse gas emissions reduction, especially those for
avoiding principal reliance on any one mode of transportation.
(49) “Transportation Needs, Local” means needs for movement of people and goods within
communities and portions of counties and the need to provide access to local destinations.
Attachment 7, Page 10 of 140
(50) “Transportation Needs, Regional” means needs for movement of people and goods
between and through communities and accessibility to regional destinations within a
metropolitan area, county, or associated group of counties.
(51) “Transportation Needs, State” means needs for movement of people and goods between
and through regions of the state and between the state and other states.
(52) “Transportation Options Provider” means an entity providing services that work to change
travel behavior in order to increase transportation system efficiency.
(53) “Transportation Project Development” means implementing the transportation system
plan (TSP) by determining the precise location, alignment, and preliminary design of
improvements included in the TSP based on site-specific engineering and environmental
studies.
(54) “Transportation Service” means a service for moving people and goods, such as intercity
bus service and passenger rail service.
(55) “Transportation System Plan (TSP)” means a plan for one or more transportation facilities
that are planned, developed, operated, and maintained in a coordinated manner to supply
continuity of movement between modes, and within and between geographic and jurisdictional
areas.
(56) “Urban Area” means lands within an urban growth boundary, two or more contiguous
urban growth boundaries, and urban unincorporated communities as defined by OAR 660-022-
0010(9). For the purposes of this division, the area need only meet the definition contained in
the Unincorporated Communities Rule although the area may not have been designated as an
unincorporated community in accordance with OAR 660-022-0020.
(57) “Unbundled parking” means a requirement that parking spaces for each unit in a
development be rented, leased, or sold separately from the unit itself. The parking space(s)
must be rented, leased, or sold at market rates for comparable local off-street parking. The
renter, lessor, or buyer of the unit must be allowed to opt out of renting, leasing, or buying the
parking space.
(58) “Urban Fringe” means:
(a) Areas outside the urban growth boundary that are within five miles of the urban growth
boundary of an MPO area; and
(b) Areas outside the urban growth boundary within two miles of the urban growth boundary of
an urban area containing a population greater than 25,000.
Attachment 7, Page 11 of 140
(59) “Vehicle Miles Traveled (VMT)” means all jurisdiction household-based light vehicle travel
regardless of where the travel occurs.
(60) “Walkway” means a hard surfaced area intended and suitable for use by pedestrians,
including sidewalks and surfaced portions of accessways.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.712, ORS 197.717, ORS 197.732 & ORS 197.012
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 1-2014, f. & cert. ef. 8-15-14
LCDD 11-2011, f. 12-30-11, cert. ef. 1-1-12
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDD 3-2005, f. & cert. ef. 4-11-05
LCDD 6-1998, f. & cert. ef. 10-30-98
LCDC 4-1995, f. & cert. ef. 5-8-95
LCDC 3-1995, f. & cert. ef. 3-31-95
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0010
Transportation Planning
(1) As described in this division, transportation planning shall be divided into two phases:
transportation system planning and transportation project development. Transportation
system planning establishes land use controls and a network of facilities and services to meet
overall transportation needs. Transportation project development implements the TSP by
determining the precise location, alignment, and preliminary design of improvements included
in the TSP.
(2) It is not the purpose of this division to cause duplication of or to supplant existing applicable
transportation plans and programs. Where all or part of an acknowledged comprehensive plan,
TSP either of the local government or appropriate special district, capital improvement
program, regional functional plan, or similar plan or combination of plans meets all or some of
the requirements of this division, those plans or programs may be incorporated by reference
into the TSP required by this division. Only those referenced portions of such documents shall
be considered to be a part of the TSP and shall be subject to the administrative procedures of
this division and ORS Chapter 197.
(3) It is not the purpose of this division to limit adoption or enforcement of measures to provide
convenient bicycle and pedestrian circulation or convenient access to transit that are otherwise
consistent with the requirements of this division.
Statutory/Other Authority: ORS 183, 197.040 & 197.245
Attachment 7, Page 12 of 140
Statutes/Other Implemented: ORS 195.025, 197.040, 197.230, 197.245, 197.712 & 197.717
History:
LCDC 4-1995, f. & cert. ef. 5-8-95
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0011
Applicable Rules
(1) OAR 660-012-0000, OAR 660-012-0005, OAR 660-012-0010, OAR 660-12-0011, OAR 660-12-
0050, OAR 660-012-0060, OAR 660-012-0065, and OAR 660-012-0070 apply statewide, where
this division is applicable.
(2) OAR 660-012-0012 and OAR 660-012-0100 through OAR 660-012-0920 apply to the
following local governments:
(a) Cities within metropolitan areas;
(b) Portions of counties within urban growth boundaries of cities in metropolitan areas; and
(c) Metro and cities and portions of counties within the Metro urban growth boundary.
(3) OAR 660-012-0010 through OAR 660-012-0045 and OAR 660-012-0055 apply to all local
governments other than those listed in section (2) of this rule, where this division is applicable.
(4) Cities or counties that otherwise would be required to use rules as provided in section (3),
may choose to instead adopt a transportation system plan meeting the rules that apply to
jurisdictions as provided in section (2). Upon acknowledgement of such a transportation system
plan, the city shall continue to be subject to these rules in all respects.
(5) All cities are either subject to the rules in section (2) or section (3), but not both.
(6) Counties may have different applicable rules in different parts of the county.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0012
Effective Dates and Transition
(1) The rules in this division adopted on July 21, 2022, and amendments to rules in this division
adopted on that date, are effective August 17, 2022, except as provided in this rule.
Attachment 7, Page 13 of 140
(2) A city or county subject to the requirements as provided in OAR 660-012-0100 may make
interim updates to the local transportation system plan using requirements as provided in OAR
660-012-0015 if the city or county:
(a) Has submitted notice of the proposed change to the comprehensive plan to the department
as provided in OAR 660-018-0020 no later than December 31, 2022; or
(b) The interim update is not a major transportation system plan update as provided in OAR
660-012-0105, and the city or county has submitted notice of the proposed change to the
comprehensive plan to the department as provided in OAR 660-018-0020 no later than June 30,
2027. Interim updates must comply with applicable requirements in this division within the
scope of the transportation system plan amendment but need not bring the entire
transportation system plan in compliance with all applicable regulations.
(3) Cities, counties, or Metro may choose to propose alternative dates in lieu of the effective
dates or deadlines in section (4) of this rule.
(a) A submitted proposal for alternative dates shall include:
(A) A description of any work already underway to begin complying with the new or amended
requirements of this division;
(B) Proposed dates for accomplishing requirements in lieu of effective dates or deadlines
provided in this rule; and
(C) A schedule for updating local transportation system plans to comply with new or amended
requirements of this division.
(b) Proposed alternative dates must demonstrate consistent progress toward meeting the
updated requirements of this division. Proposed alternative dates must include at least some
work implemented by December 31, 2023. Proposed alternative dates must include completion
of all elements included in the alternative dates, except for a major update to the
transportation system plan, by June 30, 2027.
(c) Proposed alternative dates should be designed to sequence work in a logical progression,
considering acknowledged plans, other work, and the work of other jurisdictions within the
metropolitan area. Cities and counties in a metropolitan area may submit joint proposed
alternative dates for a metropolitan area.
(d) Proposed alternative dates may not be submitted to the department after January 31, 2023.
(e) Local governments in regions required to submit a work program as provided in OAR 660-
044-0015 may submit a single combined work program that proposes alternative dates as
Attachment 7, Page 14 of 140
provided in this rule and meets the requirements as provided in OAR 660-044-0100.
Notwithstanding subsection (d), the combined work program must be submitted by the date
provided in OAR 660-044-0015.
(f) The director shall review the proposed alternative dates to determine whether the proposed
alternative dates meet the following criteria:
(A) Ensures urgent action;
(B) Coordinates actions across jurisdictions within the metropolitan area;
(C) Coordinates with work required as provided in OAR 660-044-0100;
(D) Sequences elements into a logical progression; and
(E) Considers availability of funding and other resources to complete the work.
(g) Upon the director finding the proposed alternative dates meet the criteria in (f), the
alternative dates shall be used.
(h) The director may modify alternative dates at any time as necessary to achieve the purposes
of this division.
(4) The dates in this section apply unless alternative dates are approved by the director as
provided in section (3).
(a) Cities outside the Portland Metropolitan Area with a population over 5,000 in the urban
area, and counties outside the Portland Metropolitan Area with an unincorporated population
over 5,000 in the urban area, must adopt a major transportation system plan update as
provided in OAR 660-012-0105 by December 31, 2029.
(b) The provisions of OAR 660-012-0215 requiring the adoption of multiple transportation
performance standards take effect on June 30, 2025.
(c) A city or county that is subject to the requirements of OAR 660-012-0310 shall adopt land
use requirements for climate-friendly areas and a climate-friendly comprehensive plan element
as provided in OAR 660-012-0315 by December 31, 2024.
(d) Metro shall amend the urban growth management functional plan in conjunction with its
next growth management analysis under ORS 197.296 and no later than December 31, 2024, to
require local government adoption of Region 2040 centers and land use regulations as
described in the acknowledged urban growth management functional plan. Within the Metro
urban growth boundary, a county with planning jurisdiction in unincorporated areas provided
with urban water, sanitary sewer, stormwater, and transportation services, or a city shall
Attachment 7, Page 15 of 140
comply with the adopted requirements of the urban growth management functional plan by
December 31, 2025.
(e) Cities and counties shall adopt land use regulations to meet the requirements of OAR 660-
012-0330 no later than the date of adoption of a major transportation system plan update as
provided in OAR 660-012-0105.
(f) Cities and counties shall adopt comprehensive plan amendments and land use regulations
meeting requirements provided in OAR 660-012-0400, OAR 660-012-0405, and OAR 660-012-
0415 through OAR 660-012-0450 no later than June 30, 2023, except as provided below. If a
city or county has not done so, it may not apply parking mandates after that date.
(A) Cities and counties that pass population thresholds in OAR 660-012-0400, OAR 660-012-
0415, or OAR 660-012-0450 must adopt comprehensive plan amendments and land use
regulations meeting requirements within 12 months of passing those population thresholds.
(B) If cities and counties adopt an approach in OAR 660-012-0445, policies must take effect no
later than June 30, 2023.
(C) Cities and counties adopting an approach in OAR 660-012-0435 shall do so concurrently with
adoption of any climate-friendly area under OAR 660-012-0315.
(g) Cities choosing to report on the share of on-street parking spaces that are priced as
provided in OAR 660-012-0450(1)(b) must:
(A) Demonstrate at least five percent of on-street parking spaces are priced by September 30,
2023; and
(B) Demonstrate at least 10 percent of on-street parking spaces are priced by September 30,
2025.
(5) The following dates may not be adjusted through proposed alternative dates as provided in
section (3):
(a) The provisions of OAR 660-012-0210 take effect June 30, 2024.
(b) A city or county that is subject to the requirements of OAR 660-012-0310 shall submit a
study of climate-friendly areas as provided in OAR 660-012-0315(4) and (5) by December 31,
2023.
(c) The provisions of OAR 660-012-0310(4)(a) and (b) take effect June 30, 2023.
(d) Cities shall implement the requirements for electric vehicle charging as provided in OAR
660-012-0410 no later than March 31, 2023.
Attachment 7, Page 16 of 140
(e) Cities and counties shall implement the requirements of OAR 660-012-0430 and 660-012-
0440 when reviewing development applications submitted after December 31, 2022.
(6) Cities and counties with voter-approved bond-funded projects where the election occurred
before January 1, 2022 may use approved bond funding as a factor when prioritizing projects in
an unconstrained project list as provided in OAR 660-012-0170(4).
(7) The first reporting year for the reporting requirements provided in OAR 660-012-0900 is
2023, with reports due no later than May 31, 2024.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.712, ORS 197.296 & ORS 455.417
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0015
Preparation and Coordination of Transportation System Plans
(1) ODOT shall prepare, adopt, and amend a state TSP in accordance with ORS 184.618, its
program for state agency coordination certified under ORS 197.180, and OAR 660-012-0030,
660-012-0035, 660-012-0050, 660-012-0065 and 660-012-0070. The state TSP shall identify a
system of transportation facilities and services adequate to meet identified state transportation
needs:
(a) The state TSP shall include the state transportation policy plan, modal systems plans, and
transportation facility plans as set forth in OAR chapter 731, division 15;
(b) State transportation project plans shall be compatible with acknowledged comprehensive
plans as provided for in OAR chapter 731, division 15. Disagreements between ODOT and
affected local governments shall be resolved in the manner established in that division.
(2) Counties shall prepare and amend regional TSPs in compliance with this division. Counties
shall prepare regional TSPs for areas and facilities:
(a) Regional TSPs shall establish a system of transportation facilities and services adequate to
meet identified regional transportation needs and shall be consistent with adopted elements of
the state TSP;
(b) Where elements of the state TSP have not been adopted, the county shall coordinate the
preparation of the regional TSP with ODOT to ensure that state transportation needs are
accommodated;
Attachment 7, Page 17 of 140
(c) Regional TSPs prepared by counties shall be adopted by the county.
(3) Cities and counties shall prepare, adopt, and amend local TSPs for lands within their
planning jurisdiction in compliance with this division:
(a) Local TSPs shall establish a system of transportation facilities and services adequate to meet
identified local transportation needs and shall be consistent with regional TSPs and adopted
elements of the state TSP;
(b) Where the regional TSP or elements of the state TSP have not been adopted, the city or
county shall coordinate the preparation of the local TSP with the regional transportation
planning body and ODOT to ensure that regional and state transportation needs are
accommodated.
(4) Cities and counties shall adopt regional and local TSPs required by this division as part of
their comprehensive plans. Transportation financing programs required by OAR 660-012-0040
may be adopted as a supporting document to the comprehensive plan.
(5) The preparation of TSPs shall be coordinated with affected state and federal agencies, local
governments, special districts, and private providers of transportation services.
(6) Mass transit, transportation, airport, and port districts shall participate in the development
of TSPs for those transportation facilities and services they provide. These districts shall prepare
and adopt plans for transportation facilities and services they provide. Such plans shall be
consistent with and adequate to carry out relevant portions of applicable regional and local
TSPs. Cooperative agreements executed under ORS 195.020(2) shall include the requirement
that mass transit, transportation, airport, and port districts adopt a plan consistent with the
requirements of this section.
(7) Where conflicts are identified between proposed regional TSPs and acknowledged
comprehensive plans, representatives of affected local governments shall meet to discuss
means to resolve the conflicts. These may include:
(a) Changing the draft TSP to eliminate the conflicts; or
(b) Amending acknowledged comprehensive plan provision to eliminate the conflicts.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 195.025, ORS 197.180, ORS 197.230, ORS 197.245, ORS
197.712 & ORS 197.717
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 1-2014, f. & cert. ef. 8-15-14
Attachment 7, Page 18 of 140
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0020
Elements of Transportation System Plans
(1)A TSP shall establish a coordinated network of transportation facilities adequate to serve
state, regional and local transportation needs.
(2) The TSP shall include the following elements:
(a) A determination of transportation needs as provided in OAR 660-012-0030;
(b) A road plan for a system of arterials and collectors and standards for the layout of local
streets and other important non-collector street connections. Functional classifications of roads
in regional and local TSP's shall be consistent with functional classifications of roads in state and
regional TSP's and shall provide for continuity between adjacent jurisdictions. The standards for
the layout of local streets shall provide for safe and convenient bike and pedestrian circulation
necessary to carry out OAR 660-012-0045(3)(b). New connections to arterials and state
highways shall be consistent with designated access management categories. The intent of this
requirement is to provide guidance on the spacing of future extensions and connections along
existing and future streets which are needed to provide reasonably direct routes for bicycle and
pedestrian travel. The standards for the layout of local streets shall address:
(A) Extensions of existing streets;
(B) Connections to existing or planned streets, including arterials and collectors; and
(C) Connections to neighborhood destinations.
(c) A public transportation plan which:
(A) Describes public transportation services for the transportation disadvantaged and identifies
service inadequacies;
(B) Describes intercity bus and passenger rail service and identifies the location of terminals;
(C) For areas within an urban growth boundary which have public transit service, identifies
existing and planned transit trunk routes, exclusive transit ways, terminals and major transfer
stations, major transit stops, and park-and-ride stations. Designation of stop or station locations
may allow for minor adjustments in the location of stops to provide for efficient transit or
traffic operation or to provide convenient pedestrian access to adjacent or nearby uses.
(D) For areas within an urban area containing a population greater than 25,000 persons, not
currently served by transit, evaluates the feasibility of developing a public transit system at
Attachment 7, Page 19 of 140
buildout. Where a transit system is determined to be feasible, the plan shall meet the
requirements of paragraph (2)(c)(C) of this rule.
(d) A bicycle and pedestrian plan for a network of bicycle and pedestrian routes throughout the
planning area. The network and list of facility improvements shall be consistent with the
requirements of ORS 366.514;
(e) An air, rail, water and pipeline transportation plan which identifies where public use
airports, mainline and branchline railroads and railroad facilities, port facilities, and major
regional pipelines and terminals are located or planned within the planning area. For airports,
the planning area shall include all areas within airport imaginary surfaces and other areas
covered by state or federal regulations;
(f) For areas within an urban area containing a population greater than 25,000 persons a plan
for transportation system management and demand management;
(g) A parking plan in MPO areas as provided in OAR 660-012-0045(5)(c);
(h) Policies and land use regulations for implementing the TSP as provided in OAR 660-012-
0045;
(i) For areas within an urban growth boundary containing a population greater than 2500
persons, a transportation financing program as provided in OAR 660-012-0040.
(3) Each element identified in subsections (2)(b)–(d) of this rule shall contain:
(a) An inventory and general assessment of existing and committed transportation facilities and
services by function, type, capacity and condition:
(A) The transportation capacity analysis shall include information on:
(i) The capacities of existing and committed facilities;
(ii) The degree to which those capacities have been reached or surpassed on existing facilities;
and
(iii) The assumptions upon which these capacities are based.
(B) For state and regional facilities, the transportation capacity analysis shall be consistent with
standards of facility performance considered acceptable by the affected state or regional
transportation agency;
Attachment 7, Page 20 of 140
(C) The transportation facility condition analysis shall describe the general physical and
operational condition of each transportation facility (e.g., very good, good, fair, poor, very
poor).
(b) A system of planned transportation facilities, services and major improvements. The system
shall include a description of the type or functional classification of planned facilities and
services and their planned capacities and performance standards;
(c) A description of the location of planned facilities, services and major improvements,
establishing the general corridor within which the facilities, services or improvements may be
sited. This shall include a map showing the general location of proposed transportation
improvements, a description of facility parameters such as minimum and maximum road right
of way width and the number and size of lanes, and any other additional description that is
appropriate;
(d) Identification of the provider of each transportation facility or service.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 195.012, 197.040, 197.712, 197.717 & 197.732
History:
LCDD 1-2014, f. & cert. ef. 8-15-14
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDC 4-1995, f. & cert. ef. 5-8-95
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0025
Complying with the Goals in Preparing Transportation System Plans; Refinement Plans
(1) Except as provided in section (3) of this rule, adoption of a TSP shall constitute the land use
decision regarding the need for transportation facilities, services and major improvements and
their function, mode, and general location.
(2) Findings of compliance with applicable statewide planning goals and acknowledged
comprehensive plan policies and land use regulations shall be developed in conjunction with
the adoption of the TSP.
(3) A local government or MPO may defer decisions regarding function, general location and
mode of a refinement plan if findings are adopted that:
(a) Identify the transportation need for which decisions regarding function, general location or
mode are being deferred;
Attachment 7, Page 21 of 140
(b) Demonstrate why information required to make final determinations regarding function,
general location, or mode cannot reasonably be made available within the time allowed for
preparation of the TSP;
(c) Explain how deferral does not invalidate the assumptions upon which the TSP is based or
preclude implementation of the remainder of the TSP;
(d) Describe the nature of the findings which will be needed to resolve issues deferred to a
refinement plan; and
(e) Set a deadline for adoption of a refinement plan prior to initiation of the periodic review
following adoption of the TSP.
(4) Where a Corridor Environmental Impact Statement (EIS) is prepared pursuant to the
requirements of the National Environmental Policy Act of 1969, the development of the
refinement plan shall be coordinated with the preparation of the Corridor EIS. The refinement
plan shall be adopted prior to the issuance of the Final EIS.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 195.025, 197.040, 197.230, 197.245, 197.712 & 197.717
History:
LCDD 1-2014, f. & cert. ef. 8-15-14
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0030
Determination of Transportation Needs
(1) The TSP shall identify transportation needs relevant to the planning area and the scale of
the transportation network being planned including:
(a) State, regional, and local transportation needs;
(b) Needs of the transportation disadvantaged;
(c) Needs for movement of goods and services to support industrial and commercial
development planned for pursuant to OAR chapter 660, division 9 and Goal 9 (Economic
Development).
(2) Counties or MPO's preparing regional TSP's shall rely on the analysis of state transportation
needs in adopted elements of the state TSP. Local governments preparing local TSP's shall rely
on the analyses of state and regional transportation needs in adopted elements of the state TSP
and adopted regional TSP's.
Attachment 7, Page 22 of 140
(3) Within urban growth boundaries, the determination of local and regional transportation
needs shall be based upon:
(a) Population and employment forecasts and distributions that are consistent with the
acknowledged comprehensive plan, including those policies that implement Goal 14. Forecasts
and distributions shall be for 20 years and, if desired, for longer periods; and
(b) Measures adopted pursuant to OAR 660-012-0045 to encourage reduced reliance on the
automobile.
(4) In MPO areas, calculation of local and regional transportation needs also shall be based
upon accomplishment of the requirement in OAR 660-012-0035(4) to reduce reliance on the
automobile.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 195.025, 197.040, 197.230, 197.245, 197.712 & 197.717
History:
LCDD 1-2014, f. & cert. ef. 8-15-14
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0035
Evaluation and Selection of Transportation System Alternatives
(1) The TSP shall be based upon evaluation of potential impacts of system alternatives that can
reasonably be expected to meet the identified transportation needs in a safe manner and at a
reasonable cost with available technology. The following shall be evaluated as components of
system alternatives:
(a) Improvements to existing facilities or services;
(b) New facilities and services, including different modes or combinations of modes that could
reasonably meet identified transportation needs;
(c) Transportation system management measures;
(d) Demand management measures; and
(e) A no-build system alternative required by the National Environmental Policy Act of 1969 or
other laws.
(2) The following standards shall be used to evaluate and select alternatives:
Attachment 7, Page 23 of 140
(a) The transportation system shall support urban and rural development by providing types
and levels of transportation facilities and services appropriate to serve the land uses identified
in the acknowledged comprehensive plan;
(b) The transportation system shall be consistent with state and federal standards for
protection of air, land and water quality including the State Implementation Plan under the
Federal Clean Air Act and the State Water Quality Management Plan;
(c) The transportation system shall minimize adverse economic, social, environmental, and
energy consequences;
(d) The transportation system shall minimize conflicts and facilitate connections between
modes of transportation; and
(e) The transportation system shall avoid principal reliance on any one mode of transportation
by increasing transportation choices to reduce principal reliance on the automobile.
(3) Where existing and committed transportation facilities and services have adequate capacity
to support the land uses in the acknowledged comprehensive plan, the local government shall
not be required to evaluate alternatives as provided in this rule.
(4) Transportation uses or improvements listed in OAR 660-012-0065(3)(d) to (g) and (o) and
located in an urban fringe may be included in a TSP only if the project identified in the
transportation system plan as described in section (6) of this rule, will not significantly reduce
peak hour travel time for the route as determined pursuant to section (5) of this rule, or the
jurisdiction determines that the following alternatives cannot reasonably satisfy the purpose of
the improvement project:
(a) Improvements to transportation facilities and services within the urban growth boundary;
(b) Transportation system management measures that do not significantly increase capacity; or
(c) Transportation demand management measures. The jurisdiction needs only to consider
alternatives that are safe and effective, consistent with applicable standards and that can be
implemented at a reasonable cost using available technology.
(5) A project significantly reduces peak hour travel time when, based on recent data, the time
to travel the route is reduced more than 15 percent during weekday peak hour conditions over
the length of the route located within the urban fringe. For purposes of measuring travel time,
a route shall be identified by the predominant traffic flows in the project area.
(6) A “transportation improvement project” described in section (4) of this rule:
Attachment 7, Page 24 of 140
(a) Is intended to solve all of the reasonably foreseeable transportation problems within a
general geographic location, within the planning period; and
(b) Has utility as an independent transportation project.
Statutory/Other Authority: ORS 197.040 & ORS 197.245
Statutes/Other Implemented: ORS 195.025, ORS 197.230, ORS 197.245, ORS 197.712, ORS
197.717 & ORS 197.012
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 1-2014, f. & cert. ef. 8-15-14
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDD 6-1998, f. & cert. ef. 10-30-98
LCDC 4-1995, f. & cert. ef. 5-8-95
LCDC 3-1995, f. & cert. ef. 3-31-95
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0040
Transportation Financing Program
(1) For areas within an urban growth boundary containing a population greater than 2,500
persons, the TSP shall include a transportation financing program.
(2) A transportation financing program shall include the items listed in (a)–(d):
(a) A list of planned transportation facilities and major improvements;
(b) A general estimate of the timing for planned transportation facilities and major
improvements;
(c) A determination of rough cost estimates for the transportation facilities and major
improvements identified in the TSP; and
(d) In metropolitan areas, policies to guide selection of transportation facility and improvement
projects for funding in the short-term to meet the standards and benchmarks established
pursuant to 0035(4)–(6). Such policies shall consider, and shall include among the priorities,
facilities and improvements that support mixed-use, pedestrian friendly development and
increased use of alternative modes.
(3) The determination of rough cost estimates is intended to provide an estimate of the fiscal
requirements to support the land uses in the acknowledged comprehensive plan and allow
jurisdictions to assess the adequacy of existing and possible alternative funding mechanisms. In
addition to including rough cost estimates for each transportation facility and major
Attachment 7, Page 25 of 140
improvement, the transportation financing plan shall include a discussion of the facility
provider’s existing funding mechanisms and the ability of these and possible new mechanisms
to fund the development of each transportation facility and major improvement. These funding
mechanisms may also be described in terms of general guidelines or local policies.
(4) Anticipated timing and financing provisions in the transportation financing program are not
considered land use decisions as specified in ORS 197.712(2)(e) and, therefore, cannot be the
basis of appeal under 197.610(1) and (2) or 197.835(4).
(5) The transportation financing program shall provide for phasing of major improvements to
encourage infill and redevelopment of urban lands prior to facilities and improvements which
would cause premature development of urbanizable lands or conversion of rural lands to urban
uses.
Statutory/Other Authority: ORS 183 & 197
Statutes/Other Implemented: ORS 197.040
History:
LCDD 6-1998, f. & cert. ef. 10-30-98
LCDC 11-1995, f. & cert. ef. 12-22-95
LCDC 4-1995, f. & cert. ef. 5-8-95
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0045
Implementation of the Transportation System Plan
(1) Each local government shall amend its land use regulations to implement the TSP.
(a) The following transportation facilities, services and improvements need not be subject to
land use regulations except as necessary to implement the TSP and, under ordinary
circumstances do not have a significant impact on land use:
(A) Operation, maintenance, and repair of existing transportation facilities identified in the TSP,
such as road, bicycle, pedestrian, port, airport, and rail facilities, and major regional pipelines
and terminals;
(B) Dedication of right-of-way, authorization of construction, and the construction of facilities
and improvements, where the improvements are consistent with clear and objective
dimensional standards;
(C) Uses permitted outright under ORS 215.213(1)(j)–(m) and 215.283(1)(h)–(k), consistent with
the provisions of OAR 660-012-0065; and
(D) Changes in the frequency of transit, rail, and airport services.
Attachment 7, Page 26 of 140
(b) To the extent, if any, that a transportation facility, service or improvement concerns the
application of a comprehensive plan provision or land use regulation, it may be allowed without
further land use review if it is permitted outright or if it is subject to standards that do not
require interpretation or the exercise of factual, policy, or legal judgment;
(c) In the event that a transportation facility, service, or improvement is determined to have a
significant impact on land use or to concern the application of a comprehensive plan or land
use regulation and to be subject to standards that require interpretation or the exercise of
factual, policy, or legal judgment, the local government shall provide a review and approval
process that is consistent with OAR 660-012-0050. To facilitate implementation of the TSP, each
local government shall amend its land use regulations to provide for consolidated review of
land use decisions required to permit a transportation project.
(2) Local governments shall adopt land use or subdivision ordinance regulations, consistent with
applicable federal and state requirements, to protect transportation facilities, corridors, and
sites for their identified functions. Such regulations shall include:
(a) Access control measures, for example, driveway and public road spacing, median control,
and signal spacing standards, that are consistent with the functional classification of roads and
consistent with limiting development on rural lands to rural uses and densities;
(b) Standards to protect future operation of roads, transitways, and major transit corridors;
(c) Measures to protect public use airports by controlling land uses within airport noise
corridors and imaginary surfaces, and by limiting physical hazards to air navigation;
(d) A process for coordinated review of future land use decisions affecting transportation
facilities, corridors, or sites;
(e) A process to apply conditions to development proposals in order to minimize impacts and
protect transportation facilities, corridors, or sites;
(f) Regulations to provide notice to public agencies providing transportation facilities and
services, MPOs, and ODOT of:
(A) Land use applications that require public hearings;
(B) Subdivision and partition applications;
(C) Other applications that affect private access to roads; and
(D) Other applications within airport noise corridors and imaginary surfaces that affect airport
operations; and
Attachment 7, Page 27 of 140
(g) Regulations ensuring that amendments to land use designations, densities, and design
standards are consistent with the functions, capacities, and performance standards of facilities
identified in the TSP.
(3) Local governments shall adopt land use or subdivision regulations for urban areas and rural
communities as set forth below. The purposes of this section are to provide for safe and
convenient pedestrian, bicycle and vehicular circulation consistent with access management
standards and the function of affected streets, to ensure that new development provides on-
site streets and accessways that provide reasonably direct routes for pedestrian and bicycle
travel in areas where pedestrian and bicycle travel is likely if connections are provided, and that
avoids wherever possible levels of automobile traffic that might interfere with or discourage
pedestrian or bicycle travel.
(a) Bicycle parking facilities as part of new multi-family residential developments of four units or
more, new retail, office and institutional developments, and all transit transfer stations and
park-and-ride lots;
(b) On-site facilities shall be provided that accommodate safe and convenient pedestrian and
bicycle access from within new subdivisions, multi-family developments, planned
developments, shopping centers, and commercial districts to adjacent residential areas and
transit stops, and to neighborhood activity centers within one-half mile of the development.
Single-family residential developments shall generally include streets and accessways.
Pedestrian circulation through parking lots should generally be provided in the form of
accessways.
(A) “Neighborhood activity centers” include, but are not limited to, existing or planned schools,
parks, shopping areas, transit stops, or employment centers;
(B) Bikeways shall be required along arterials and major collectors. Sidewalks shall be required
along arterials, collectors, and most local streets in urban areas, except that sidewalks are not
required along controlled access roadways, such as freeways;
(C) Cul-de-sacs and other dead-end streets may be used as part of a development plan,
consistent with the purposes set forth in this section;
(D) Local governments shall establish their own standards or criteria for providing streets and
accessways consistent with the purposes of this section. Such measures may include but are
not limited to: standards for spacing of streets or accessways; and standards for excessive out-
of-direction travel;
(E) Streets and accessways need not be required where one or more of the following conditions
exist:
Attachment 7, Page 28 of 140
(i) Physical or topographic conditions make a street or accessway connection impracticable.
Such conditions include but are not limited to freeways, railroads, steep slopes, wetlands or
other bodies of water where a connection could not reasonably be provided;
(ii) Buildings or other existing development on adjacent lands physically preclude a connection
now or in the future considering the potential for redevelopment; or
(iii) Where streets or accessways would violate provisions of leases, easements, covenants,
restrictions or other agreements existing as of May 1, 1995, which preclude a required street or
accessway connection.
(c) Where off-site road improvements are otherwise required as a condition of development
approval, they shall include facilities accommodating convenient pedestrian and bicycle travel,
including bicycle ways along arterials and major collectors;
(d) For purposes of subsection (b) “safe and convenient” means bicycle and pedestrian routes,
facilities and improvements that:
(A) Are reasonably free from hazards, particularly types or levels of automobile traffic that
would interfere with or discourage pedestrian or cycle travel for short trips;
(B) Provide an accessible and reasonably direct route of travel between destinations such as
between a transit stop and a store; and
(C) Meet travel needs of cyclists and pedestrians considering destination and length of trip; and
considering that the most common trip length of pedestrians is generally under one-half mile.
(e) Internal pedestrian circulation within new office parks and commercial developments shall
be provided through clustering of buildings, construction of accessways, walkways and similar
techniques.
(4) To support transit in urban areas containing a population greater than 25,000, where the
area is already served by a public transit system or where a determination has been made that
a public transit system is feasible, local governments shall adopt land use and subdivision
regulations as provided in subsections (a)–(g) below:
(a) Transit routes and transit facilities shall be designed to support transit use through provision
of bus stops, pullouts and shelters, optimum road geometrics, on-road parking restrictions and
similar facilities, as appropriate;
(b) New retail, office, and institutional buildings at or near major transit stops shall provide for
convenient pedestrian access to transit through the measures listed in paragraphs (A) and (B)
below.
Attachment 7, Page 29 of 140
(A) Accessible walkways shall be provided connecting building entrances and streets adjoining
the site;
(B) Accessible pedestrian facilities connecting to adjoining properties shall be provided except
where such a connection is impracticable as provided for in paragraph (3)(b)(E). Pedestrian
facilities shall connect the on-site circulation system to existing or proposed streets, walkways,
and driveways that abut the property. Where adjacent properties are undeveloped or have
potential for redevelopment, streets, accessways and walkways on site shall be laid out or
stubbed to allow for extension to the adjoining property;
(C) In addition to paragraphs (A) and (B) above, on sites at major transit stops provide the
following:
(i) Either locate buildings within 20 feet of the transit stop, a transit street or an intersecting
street or provide a pedestrian plaza at the transit stop or a street intersection;
(ii) An accessible and reasonably direct pedestrian facility between the transit stop and building
entrances on the site;
(iii) A transit passenger landing pad accessible to people with disabilities;
(iv) An easement or dedication for a passenger shelter if requested by the transit provider; and
(v) Lighting at the transit stop.
(c) Local governments may implement paragraphs (b)(A) and (B) through the designation of
pedestrian districts and adoption of appropriate implementing measures regulating
development within pedestrian districts. Pedestrian districts must comply with the requirement
of paragraph (b)(C);
(d) Designated employee parking areas in new developments shall provide preferential parking
for carpools and vanpools;
(e) Existing development shall be allowed to redevelop a portion of existing parking areas for
transit-oriented uses, including bus stops and pullouts, bus shelters, park and ride stations,
transit-oriented developments, and similar facilities, where appropriate;
(f) Road systems for new development shall be provided that can be adequately served by
transit, including provision of pedestrian access to existing and identified future transit routes.
This shall include, where appropriate, separate accessways to minimize travel distances;
(g) Along existing or planned transit routes, designation of types and densities of land uses
adequate to support transit.
Attachment 7, Page 30 of 140
(5) In developing a bicycle and pedestrian circulation plan as required by OAR 660-012-
0020(2)(d), local governments shall identify improvements to facilitate bicycle and pedestrian
trips to meet local travel needs in developed areas. Appropriate improvements should provide
for more direct, convenient, accessible, and safer bicycle or pedestrian travel within and
between residential areas and neighborhood activity centers (i.e., schools, shopping, transit
stops). Specific measures include, for example, constructing walkways between cul-de-sacs and
adjacent roads, providing walkways between buildings, and providing direct access between
adjacent uses.
(6) Local governments shall establish standards for local streets and accessways that minimize
pavement width and total right-of-way consistent with the operational needs of the facility. The
intent of this requirement is that local governments consider and reduce excessive standards
for local streets and accessways in order to reduce the cost of construction, provide for more
efficient use of urban land, provide for emergency vehicle access while discouraging
inappropriate traffic volumes and speeds, and which accommodate convenient pedestrian and
bicycle circulation. Notwithstanding section (1) or (3) of this rule, local street standards adopted
to meet this requirement need not be adopted as land use regulations.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 1-2014, f. & cert. ef. 8-15-14
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDD 3-2004, f. & cert. ef. 5-7-04
LCDD 6-1998, f. & cert. ef. 10-30-98
LCDC 11-1995, f. & cert. ef. 12-22-95
LCDC 4-1995, f. & cert. ef. 5-8-95
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0050
Transportation Project Development
(1) For projects identified by ODOT pursuant to OAR chapter 731, division 15, project
development shall occur in the manner set forth in that division.
(2) Regional TSPs shall provide for coordinated project development among affected local
governments. The process shall include:
(a) Designation of a lead agency to prepare and coordinate project development;
Attachment 7, Page 31 of 140
(b) A process for citizen involvement, including public notice and hearing, if project
development involves land use decision-making. The process shall include notice to affected
transportation facility and service providers, MPOs, and ODOT;
(c) A process for developing and adopting findings of compliance with applicable statewide
planning goals, if any. This shall include a process to allow amendments to acknowledged
comprehensive plans where such amendments are necessary to accommodate the project; and
(d) A process for developing and adopting findings of compliance with applicable acknowledged
comprehensive plan policies and land use regulations of individual local governments, if any.
This shall include a process to allow amendments to acknowledged comprehensive plans or
land use regulations where such amendments are necessary to accommodate the project.
(3) Project development addresses how a transportation facility or improvement authorized in
a TSP is designed and constructed. This may or may not require land use decision-making. The
focus of project development is project implementation, e.g. alignment, preliminary design and
mitigation of impacts. During project development, projects authorized in an acknowledged TSP
shall not be subject to further justification with regard to their need, mode, function, or general
location. For purposes of this section, a project is authorized in a TSP where the TSP makes
decisions about transportation need, mode, function and general location for the facility or
improvement as required by this division.
(a) Project development does not involve land use decision-making to the extent that it involves
transportation facilities, services or improvements identified in OAR 660-012-0045(1)(a); the
application of uniform road improvement design standards and other uniformly accepted
engineering design standards and practices that are applied during project implementation;
procedures and standards for right-of-way acquisition as set forth in the Oregon Revised
Statutes; or the application of local, state or federal rules and regulations that are not a part of
the local government’s land use regulations.
(b) Project development involves land use decision-making to the extent that issues of
compliance with applicable requirements requiring interpretation or the exercise of policy or
legal discretion or judgment remain outstanding at the project development phase. These
requirements may include, but are not limited to, regulations protecting or regulating
development within floodways and other hazard areas, identified Goal 5 resource areas,
estuarine and coastal shoreland areas, and the Willamette River Greenway, and local
regulations establishing land use standards or processes for selecting specific alignments. They
also may include transportation improvements required to comply with ORS 215.296 or 660-
012-0065(5). When project development involves land use decision-making, all unresolved
issues of compliance with applicable acknowledged comprehensive plan policies and land use
regulations shall be addressed and findings of compliance adopted prior to project approval.
(c) To the extent compliance with local requirements has already been determined during
transportation system planning, including adoption of a refinement plan, affected local
Attachment 7, Page 32 of 140
governments may rely on and reference the earlier findings of compliance with applicable
standards.
(4) Except as provided in section (1) of this rule, where an Environmental Impact Statement
(EIS) is prepared pursuant to the National Environmental Policy Act of 1969, project
development shall be coordinated with the preparation of the EIS. All unresolved issues of
compliance with applicable acknowledged comprehensive plan policies and land use
regulations shall be addressed and findings of compliance adopted prior to issuance of the Final
EIS.
(5) If a local government decides not to build a project authorized by the TSP, it must evaluate
whether the needs that the project would serve could otherwise be satisfied in a manner
consistent with the TSP. If identified needs cannot be met consistent with the TSP, the local
government shall initiate a plan amendment to change the TSP or the comprehensive plan to
assure that there is an adequate transportation system to meet transportation needs.
(6) Transportation project development may be done concurrently with preparation of the TSP
or a refinement plan
Statutory/Other Authority: ORS 183 & 197.040
Statutes/Other Implemented: ORS 195.025, 197.040, 197.230, 197.245 & 197.712 197.717
History:
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDD 2-1999, f. & cert. ef. 1-12-99
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0055
Timing of Adoption and Update of Transportation System Plans; Exemptions
(1) MPOs shall complete regional TSPs for their planning areas by May 8, 1996. For those areas
within a MPO, cities and counties shall adopt local TSPs and implementing measures within one
year following completion of the regional TSP:
(a) If by May 8, 2000, a Metropolitan Planning Organization (MPO) has not adopted a regional
transportation system plan that meets the VMT reduction standard in OAR 660-012-0035 and
the metropolitan area does not have an approved alternative standard established pursuant to
OAR 660-012-0035, then the cities and counties within the metropolitan area shall prepare and
adopt an integrated land use and transportation plan as outlined in OAR 660-012-0035. Such a
plan shall be prepared in coordination with the MPO and shall be adopted within three years;
(b) When an area is designated as an MPO or is added to an existing MPO, the affected local
governments shall, within one year of adoption of the regional transportation plan, adopt a
regional TSP in compliance with applicable requirements of this division and amend local
transportation system plans to be consistent with the regional TSP.
Attachment 7, Page 33 of 140
(c) Local governments in metropolitan areas may request and the commission may by order
grant an extension for completing an integrated land use and transportation plan required by
this division. Local governments requesting an extension shall set forth a schedule for
completion of outstanding work needed to complete an integrated land use and transportation
plan as set forth in OAR 660-012-0035. This shall include, as appropriate:
(A) Adoption of a long-term land use and transportation vision for the region;
(B) Identification of centers and other land use designations intended to implement the vision;
(C) Adoption of housing and employment allocations to centers and land use designations; and
(D) Adoption of implementing plans and zoning for designated centers and other land use
designations.
(d) Local governments within metropolitan areas that are not in compliance with the
requirements of this division to adopt or implement a standard to increase transportation
choices or have not completed an integrated land use and transportation plan as required by
this division shall review plan and land use regulation amendments and adopt findings that
demonstrate that the proposed amendment supports implementation of the region's adopted
vision, strategy, policies or plans to increase transportation choices and reduce reliance on the
automobile.
(2) A plan or land use regulation amendment supports implementation of an adopted regional
strategy, policy or plan for purposes of this section if it achieves the following as applicable:
(a) Implements the strategy or plan through adoption of specific plans or zoning that authorizes
uses or densities that achieve desired land use patterns;
(b) Allows uses in designated centers or neighborhoods that accomplish the adopted regional
vision, strategy, plan or policies; and
(c) Allows uses outside designated centers or neighborhood that either support or do not
detract from implementation of desired development within nearby centers.
(3) For areas outside an MPO, cities and counties shall complete and adopt regional and local
TSPs and implementing measures by May 8, 1997.
(4) By November 8, 1993, affected cities and counties shall, for non-MPO urban areas of 25,000
or more, adopt land use and subdivision ordinances or amendments required by OAR 660-012-
0045(3), (4)(a)–(f) and (5)(d). By May 8, 1994 affected cities and counties within MPO areas
shall adopt land use and subdivision ordinances or amendments required by 660-012-0045(3),
(4)(a)–(e) and (5)(e). Affected cities and counties which do not have acknowledged ordinances
Attachment 7, Page 34 of 140
addressing the requirements of this section by the deadlines listed above shall apply 660-012-
0045(3), (4)(a)–(g) and (5)(e) directly to all land use decisions and all limited land use decisions.
(5)(a) Affected cities and counties that either:
(A) Have acknowledged plans and land use regulations that comply with this rule as of May 8,
1995, may continue to apply those acknowledged plans and land use regulations; or
(B) Have plan and land use regulations adopted to comply with this rule as of April 12, 1995,
may continue to apply the provisions of this rule as they existed as of April 12, 1995, and may
continue to pursue acknowledgment of the adopted plans and land use regulations under those
same rule provisions provided such adopted plans and land use regulations are acknowledged
by April 12, 1996. Affected cities and counties that qualify and make this election under this
paragraph shall update their plans and land use regulations to comply with the 1995
amendments to OAR 660-012-0045 as part of their transportation system plans.
(b) Affected cities and counties that do not have acknowledged plans and land use regulations
as provided in subsection (a) of this section, shall apply relevant sections of this rule to land use
decisions and limited land use decisions until land use regulations complying with this amended
rule have been adopted.
(6) Cities and counties shall update their TSPs and implementing measures as necessary to
comply with this division at each periodic review subsequent to initial compliance with this
division. Local governments within metropolitan areas shall amend local transportation system
plans to be consistent with an adopted regional transportation system plan within one year of
the adoption of an updated regional transportation system plan or by a date specified in the
adopted regional transportation system plan.
(7) The director may grant a whole or partial exemption from the requirements of this division
to cities under 10,000 population and counties under 25,000 population, and for areas within a
county within an urban growth boundary that contains a population less than 10,000. Eligible
jurisdictions may request that the director approve an exemption from all or part of the
requirements in this division. Exemptions shall be for a period determined by the director or
until the jurisdiction's next periodic review, whichever is shorter.
(a) The director's decision to approve an exemption shall be based upon the following factors:
(A) Whether the existing and committed transportation system is generally adequate to meet
likely transportation needs;
(B) Whether the new development or population growth is anticipated in the planning area
over the next five years;
Attachment 7, Page 35 of 140
(C) Whether major new transportation facilities are proposed which would affect the planning
areas;
(D) Whether deferral of planning requirements would conflict with accommodating state or
regional transportation needs; and
(E) Consultation with the Oregon Department of Transportation on the need for transportation
planning in the area, including measures needed to protect existing transportation facilities.
(b) The director's decision to grant an exemption under this section is appealable to the
commission as provided in OAR 660-002-0020 (Delegation of Authority Rule)
(8) Portions of TSPs and implementing measures adopted as part of comprehensive plans prior
to the responsible jurisdiction's periodic review shall be reviewed pursuant to OAR chapter 660,
division 18, Post Acknowledgment Procedures.
Statutory/Other Authority: ORS 183, 197.040 & 197.245
Statutes/Other Implemented: ORS 195.025, 197.040, 197.230, 197.245, 197.610 - 197.625,
197.628 - 197.646, 197.712 & 197.717
History:
LCDD 1-2014, f. & cert. ef. 8-15-14
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDD 3-2004, f. & cert. ef. 5-7-04
LCDD 2-2000, f. & cert. ef. 2-4-00
LCDD 6-1998, f. & cert. ef. 10-30-98
LCDC 4-1995, f. & cert. ef. 5-8-95
LCDC 1-1993, f. & cert. ef. 6-15-93
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0060
Plan and Land Use Regulation Amendments
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use
regulation (including a zoning map) would significantly affect an existing or planned
transportation facility, then the local government must put in place measures as provided in
section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this
rule. A plan or land use regulation amendment significantly affects a transportation facility if it
would:
(a) Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
Attachment 7, Page 36 of 140
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection. If a local
government is evaluating a performance standard based on projected levels of motor vehicle
traffic, then the results must be based on projected conditions measured at the end of the
planning period identified in the adopted TSP. As part of evaluating projected conditions, the
amount of traffic projected to be generated within the area of the amendment may be reduced
if the amendment includes an enforceable, ongoing requirement that would demonstrably limit
traffic generation, including, but not limited to, transportation demand management. This
reduction may diminish or completely eliminate the significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional classification of
an existing or planned transportation facility;
(B) Degrade the performance of an existing or planned transportation facility such that it would
not meet the performance standards identified in the TSP or comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility that is otherwise
projected to not meet the performance standards identified in the TSP or comprehensive plan.
(2) If a local government determines that there would be a significant effect, then the local
government must ensure that allowed land uses are consistent with the performance standards
of the facility measured or projected at the end of the planning period identified in the adopted
TSP through one or a combination of the remedies listed in subsections (a) through (e) below,
unless the amendment meets the balancing test in subsection (e) or qualifies for partial
mitigation in section (11) of this rule. A local government using subsection (e), section (3),
section (10) or section (11) to approve an amendment recognizes that additional motor vehicle
traffic congestion may result and that other facility providers would not be expected to provide
additional capacity for motor vehicles in response to this congestion.
(a) Adopting measures that demonstrate allowed land uses are consistent with the
performance standards of the transportation facility.
(b) Amending the TSP or comprehensive plan to provide transportation facilities,
improvements, or services adequate to support the proposed land uses consistent with the
requirements of this division. Such amendments shall include a funding plan or mechanism
consistent with section (4) or include an amendment to the transportation finance plan so that
the facility, improvement, or service will be provided by the end of the planning period.
(c) Amending the TSP to modify the performance standards of the transportation facility.
(d) Providing other measures as a condition of development or through a development
agreement or similar funding method, including, but not limited to, transportation system
management measures or minor transportation improvements. Local governments shall, as
part of the amendment, specify when measures or improvements provided pursuant to this
subsection will be provided.
Attachment 7, Page 37 of 140
(e) Providing improvements that would benefit modes other than the significantly affected
mode, improvements to facilities other than the significantly affected facility, or improvements
at other locations, if:
(A) The provider of the significantly affected facility provides a written statement that the
system-wide benefits are sufficient to balance the significant effect, even though the
improvements would not result in consistency for all performance standards;
(B) The providers of facilities being improved at other locations provide written statements of
approval; and
(C) The local jurisdictions where facilities are being improved provide written statements of
approval.
(3) Notwithstanding sections (1) and (2) of this rule, a local government may approve an
amendment that would significantly affect an existing transportation facility without ensuring
that the allowed land uses are consistent with the performance standards of the facility where:
(a) In the absence of the amendment, planned transportation facilities, improvements, and
services as set forth in section (4) of this rule would not be adequate to achieve consistency
with the performance standard for that facility by the end of the planning period identified in
the adopted TSP;
(b) Development resulting from the amendment will, at a minimum, mitigate the impacts of the
amendment in a manner that avoids further degradation to the performance of the facility by
the time of the development through one or a combination of transportation improvements or
measures;
(c) The amendment does not involve property located in an interchange area as defined in
paragraph (4)(d)(C); and
(d) For affected state highways, ODOT provides a written statement that the proposed funding
and timing for the identified mitigation improvements or measures are, at a minimum,
sufficient to avoid further degradation to the performance of the affected state highway.
However, if a local government provides the appropriate ODOT regional office with written
notice of a proposed amendment in a manner that provides ODOT reasonable opportunity to
submit a written statement into the record of the local government proceeding, and ODOT
does not provide a written statement, then the local government may proceed with applying
subsections (a) through (c) of this section.
(4) Determinations under sections (1)–(3) of this rule shall be coordinated with affected
transportation facility and service providers and other affected local governments.
Attachment 7, Page 38 of 140
(a) In determining whether an amendment has a significant effect on an existing or planned
transportation facility under subsection (1)(c) of this rule, local governments shall rely on
existing transportation facilities and services and on the planned transportation facilities,
improvements and services set forth in subsections (b) and (c) below.
(b) Outside of interstate interchange areas, the following are considered planned facilities,
improvements, and services:
(A) Transportation facilities, improvements or services that are funded for construction or
implementation in the Statewide Transportation Improvement Program or a locally or
regionally adopted transportation improvement program or capital improvement plan or
program of a transportation service provider.
(B) Transportation facilities, improvements or services that are authorized in a local
transportation system plan and for which a funding plan or mechanism is in place or approved.
These include, but are not limited to, transportation facilities, improvements, or services for
which: transportation systems development charge revenues are being collected; a local
improvement district or reimbursement district has been established or will be established
prior to development; a development agreement has been adopted; or conditions of approval
to fund the improvement have been adopted.
(C) Transportation facilities, improvements, or services in a metropolitan planning organization
(MPO) area that are part of the area’s federally-approved, financially constrained regional
transportation system plan.
(D) Improvements to state highways that are included as planned improvements in a regional
or local transportation system plan or comprehensive plan when ODOT provides a written
statement that the improvements are reasonably likely to be provided by the end of the
planning period.
(E) Improvements to regional and local roads, streets or other transportation facilities or
services that are included as planned improvements in a regional or local transportation system
plan or comprehensive plan when the local government(s) or transportation service provider(s)
responsible for the facility, improvement or service provides a written statement that the
facility, improvement, or service is reasonably likely to be provided by the end of the planning
period.
(c) Within interstate interchange areas, the improvements included in paragraphs (b)(A)–(C) are
considered planned facilities, improvements, and services, except where:
(A) ODOT provides a written statement that the proposed funding and timing of mitigation
measures are sufficient to avoid a significant adverse impact on the Interstate Highway system,
then local governments may also rely on the improvements identified in paragraphs (b)(D) and
(E) of this section; or
Attachment 7, Page 39 of 140
(B) There is an adopted interchange area management plan, then local governments may also
rely on the improvements identified in that plan and which are also identified in paragraphs
(b)(D) and (E) of this section.
(d) As used in this section and section (3):
(A) Planned interchange means new interchanges and relocation of existing interchanges that
are authorized in an adopted transportation system plan or comprehensive plan;
(B) Interstate highway means Interstates 5, 82, 84, 105, 205, and 405; and
(C) Interstate interchange area means:
(i) Property within one-quarter mile of the ramp terminal intersection of an existing or planned
interchange on an Interstate Highway; or
(ii) The interchange area as defined in the Interchange Area Management Plan adopted as an
amendment to the Oregon Highway Plan.
(e) For purposes of this section, a written statement provided pursuant to paragraphs (b)(D),
(b)(E) or (c)(A) provided by ODOT, a local government or transportation facility provider, as
appropriate, shall be conclusive in determining whether a transportation facility, improvement,
or service is a planned transportation facility, improvement, or service. In the absence of a
written statement, a local government can only rely upon planned transportation facilities,
improvements, and services identified in paragraphs (b)(A)-(C) to determine whether there is a
significant effect that requires application of the remedies in section (2).
(5) The presence of a transportation facility or improvement shall not be a basis for an
exception to allow residential, commercial, institutional, or industrial development on rural
lands under this division or OAR 660-004-0022 and 660-004-0028.
(6) If a local government is determining whether proposed land uses would affect or be
consistent with planned transportation facilities as provided in sections (1) and (2) using a
performance standard based on projected levels of motor vehicle traffic, then the local
government shall give full credit for potential reduction in vehicle trips for uses located in
mixed-use, pedestrian-friendly centers, and neighborhoods as provided in subsections (a)–(d);
(a) Absent adopted local standards or detailed information about the vehicle trip reduction
benefits of mixed-use, pedestrian-friendly development, local governments shall assume that
uses located within a mixed-use, pedestrian-friendly center, or neighborhood, will generate 10
percent fewer daily and peak hour trips than are specified in available published estimates,
such as those provided by the Institute of Transportation Engineers (ITE) Trip Generation
Manual that do not specifically account for the effects of mixed-use, pedestrian-friendly
Attachment 7, Page 40 of 140
development. The 10 percent reduction allowed for by this subsection shall be available only if
uses that rely solely on auto trips, such as gas stations, car washes, storage facilities, and motels
are prohibited;
(b) Local governments shall use detailed or local information about the trip reduction benefits
of mixed-use, pedestrian-friendly development where such information is available and
presented to the local government. Local governments may, based on such information, allow
reductions greater than the 10 percent reduction required in subsection (a);
(c) Where a local government assumes or estimates lower vehicle trip generation as provided in
subsection (a) or (b), it shall ensure through conditions of approval, site plans, or approval
standards that subsequent development approvals support the development of a mixed-use,
pedestrian-friendly center or neighborhood and provide for on-site bike and pedestrian
connectivity and access to transit as provided for in OAR 660-012-0045(3) and (4). The provision
of on-site bike and pedestrian connectivity and access to transit may be accomplished through
application of acknowledged ordinance provisions which comply with OAR 660-012-0045(3) and
(4) or through conditions of approval or findings adopted with the plan amendment that ensure
compliance with these rule requirements at the time of development approval; and
(d) The purpose of this section is to provide an incentive for the designation and
implementation of pedestrian-friendly, mixed-use centers and neighborhoods by lowering the
regulatory barriers to plan amendments that accomplish this type of development. The actual
trip reduction benefits of mixed-use, pedestrian-friendly development will vary from case to
case and may be somewhat higher or lower than presumed pursuant to subsection (a). The
commission concludes that this assumption is warranted given general information about the
expected effects of mixed-use, pedestrian-friendly development and its intent to encourage
changes to plans and development patterns. Nothing in this section is intended to affect the
application of provisions in local plans or ordinances that provide for the calculation or
assessment of systems development charges or in preparing conformity determinations
required under the federal Clean Air Act.
(7) Amendments to acknowledged comprehensive plans and land use regulations that meet all
of the criteria listed in subsections (a)–(c) shall include an amendment to the comprehensive
plan, transportation system plan, the adoption of a local street plan, access management plan,
future street plan, or other binding local transportation plan to provide for on-site alignment of
streets or accessways with existing and planned arterial, collector, and local streets surrounding
the site as necessary to implement the requirements in OAR 660-012-0020(2)(b) and 660-012-
0045(3):
(a) The plan or land use regulation amendment results in designation of two or more acres of
land for commercial use;
(b) The local government has not adopted a TSP or local street plan that complies with OAR
660-012-0020(2)(b) or, in the Portland Metropolitan Area, has not complied with Metro’s
Attachment 7, Page 41 of 140
requirement for street connectivity as contained in Title 1, Section 3.08.110 of the Regional
Transportation Functional Plan; and
(c) The proposed amendment would significantly affect a transportation facility as provided in
section (1).
(8) A “mixed-use, pedestrian-friendly center or neighborhood” for the purposes of this rule,
means:
(a) Any one of the following:
(A) An existing central business district or downtown;
(B) An area designated as a central city, regional center, town center, or main street in the
Portland Metro 2040 Regional Growth Concept;
(C) An area designated in an acknowledged comprehensive plan as a transit-oriented
development or a pedestrian district; or
(D) An area designated as a special transportation area as provided for in the Oregon Highway
Plan.
(b) An area other than those listed in subsection (a) which includes or is planned to include the
following characteristics:
(A) A concentration of a variety of land uses in a well-defined area, including the following:
(i) Medium to high density residential development (12 or more units per acre);
(ii) Offices or office buildings;
(iii) Retail stores and services;
(iv) Restaurants; and
(v) Public open space or private open space that is available for public use, such as a park or
plaza.
(B) Generally include civic or cultural uses;
(C) A core commercial area where multi-story buildings are permitted;
(D) Buildings and building entrances oriented to streets;
Attachment 7, Page 42 of 140
(E) Street connections and crossings that make the center safe and conveniently accessible
from adjacent areas;
(F) A network of streets and, where appropriate, accessways and major driveways that make it
attractive and highly convenient for people to walk between uses within the center or
neighborhood, including streets and major driveways within the center with wide sidewalks and
other features, including pedestrian-oriented street crossings, street trees, pedestrian-scale
lighting and on-street parking;
(G) One or more transit stops (in urban areas with fixed route transit service); and
(H) Limit or do not allow low-intensity or land extensive uses, such as most industrial uses,
automobile sales and services, and drive-through services.
(9) Notwithstanding section (1) of this rule, a local government may find that an amendment to
a zoning map does not significantly affect an existing or planned transportation facility if all of
the following requirements are met.
(a) The proposed zoning is consistent with the existing comprehensive plan map designation
and the amendment does not change the comprehensive plan map;
(b) The local government has an acknowledged TSP and the proposed zoning is consistent with
the TSP; and
(c) The area subject to the zoning map amendment was not exempted from this rule at the time
of an urban growth boundary amendment as permitted in OAR 660-024-0020(1)(d), or the area
was exempted from this rule but the local government has a subsequently acknowledged TSP
amendment that accounted for urbanization of the area.
(10) Notwithstanding sections (1) and (2) of this rule, a local government may amend a
functional plan, a comprehensive plan, or a land use regulation without applying performance
standards related to motor vehicle traffic congestion (e.g. volume to capacity ratio or V/C),
delay, or travel time if the amendment meets the requirements of subsection (a) of this section.
This section does not exempt a proposed amendment from other transportation performance
standards or policies that may apply including, but not limited to, safety for all modes, network
connectivity for all modes (e.g. sidewalks, bicycle lanes) and accessibility for freight vehicles of a
size and frequency required by the development.
(a) A proposed amendment qualifies for this section if it:
(A) Is a map or text amendment affecting only land entirely within a multimodal mixed-use area
(MMA); and
Attachment 7, Page 43 of 140
(B) Is consistent with the definition of an MMA and consistent with the function of the MMA as
described in the findings designating the MMA.
(b) For the purpose of this rule, “multimodal mixed-use area” or “MMA” means an area:
(A) With a boundary adopted by a local government as provided in subsection (d) or (e) of this
section and that has been acknowledged;
(B) Entirely within an urban growth boundary;
(C) With adopted plans and development regulations that allow the uses listed in paragraphs
(8)(b)(A) through (C) of this rule and that require new development to be consistent with the
characteristics listed in paragraphs (8)(b)(D) through (H) of this rule;
(D) With land use regulations that do not require the provision of off-street parking, or
regulations that require lower levels of off-street parking than required in other areas and allow
flexibility to meet the parking requirements (e.g. count on-street parking, allow long-term
leases, allow shared parking); and
(E) Located in one or more of the categories below:
(i) At least one-quarter mile from any ramp terminal intersection of existing or planned
interchanges;
(ii) Within the area of an adopted Interchange Area Management Plan (IAMP) and consistent
with the IAMP; or
(iii) Within one-quarter mile of a ramp terminal intersection of an existing or planned
interchange if the mainline facility provider has provided written concurrence with the MMA
designation as provided in subsection (c) of this section.
(c) When a mainline facility provider reviews an MMA designation as provided in subparagraph
(b)(E)(iii) of this section, the provider must consider the factors listed in paragraph (A) of this
subsection.
(A) The potential for operational or safety effects to the interchange area and the mainline
highway, specifically considering:
(i) Whether the interchange area has a crash rate that is higher than the statewide crash rate
for similar facilities;
(ii) Whether the interchange area is in the top ten percent of locations identified by the safety
priority index system (SPIS) developed by ODOT; and
Attachment 7, Page 44 of 140
(iii) Whether existing or potential future traffic queues on the interchange exit ramps extend
onto the mainline highway or the portion of the ramp needed to safely accommodate
deceleration.
(B) If there are operational or safety effects as described in paragraph (A) of this subsection, the
effects may be addressed by an agreement between the local government and the facility
provider regarding traffic management plans favoring traffic movements away from the
interchange, particularly those facilitating clearing traffic queues on the interchange exit ramps.
(d) A local government may designate an MMA by adopting an amendment to the
comprehensive plan or land use regulations to delineate the boundary following an existing
zone, multiple existing zones, an urban renewal area, other existing boundary, or establishing a
new boundary. The designation must be accompanied by findings showing how the area meets
the definition of an MMA. Designation of an MMA is not subject to the requirements in sections
(1) and (2) of this rule.
(e) A local government may designate an MMA on an area where comprehensive plan map
designations or land use regulations do not meet the definition, if all of the other elements
meet the definition, by concurrently adopting comprehensive plan or land use regulation
amendments necessary to meet the definition. Such amendments are not subject to
performance standards related to motor vehicle traffic congestion, delay, or travel time.
(11) A local government may approve an amendment with partial mitigation as provided in
section (2) of this rule if the amendment complies with subsection (a) of this section, the
amendment meets the balancing test in subsection (b) of this section, and the local government
coordinates as provided in subsection (c) of this section.
(a) The amendment must meet paragraphs (A) and (B) of this subsection.
(A) Create direct benefits in terms of industrial or traded-sector jobs created or retained by
limiting uses to industrial or traded-sector industries.
(B) Not allow retail uses, except limited retail incidental to industrial or traded sector
development, not to exceed five percent of the net developable area.
(C) For the purpose of this section:
(i) “Industrial” means employment activities generating income from the production, handling,
or distribution of goods including, but not limited to, manufacturing, assembly, fabrication,
processing, storage, logistics, warehousing, importation, distribution and transshipment, and
research and development.
(ii) “Traded-sector” means industries in which member firms sell their goods or services into
markets for which national or international competition exists.
Attachment 7, Page 45 of 140
(b) A local government may accept partial mitigation only if the local government determines
that the benefits outweigh the negative effects on local transportation facilities and the local
government receives from the provider of any transportation facility that would be significantly
affected written concurrence that the benefits outweigh the negative effects on their
transportation facilities. If the amendment significantly affects a state highway, then ODOT
must coordinate with the Oregon Business Development Department regarding the economic
and job creation benefits of the proposed amendment as defined in subsection (a) of this
section. The requirement to obtain concurrence from a provider is satisfied if the local
government provides notice as required by subsection (c) of this section and the provider does
not respond in writing (either concurring or non-concurring) within 45 days.
(c) A local government that proposes to use this section must coordinate with Oregon Business
Development Department, Department of Land Conservation and Development, area
commission on transportation, metropolitan planning organization, and transportation
providers and local governments directly impacted by the proposal to allow opportunities for
comments on whether the proposed amendment meets the definition of economic
development, how it would affect transportation facilities and the adequacy of proposed
mitigation. Informal consultation is encouraged throughout the process starting with pre-
application meetings. Coordination has the meaning given in ORS 197.015 and Goal 2 and must
include notice at least 45 days before the first evidentiary hearing. Notice must include the
following:
(A) Proposed amendment.
(B) Proposed mitigating actions from section (2) of this rule.
(C) Analysis and projections of the extent to which the proposed amendment in combination
with proposed mitigating actions would fall short of being consistent with the performance
standards of transportation facilities.
(D) Findings showing how the proposed amendment meets the requirements of subsection (a)
of this section.
(E) Findings showing that the benefits of the proposed amendment outweigh the negative
effects on transportation facilities.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 195.025, ORS 197.230, ORS 197.245, ORS 197.610 – 197.625,
ORS 197.628 – 197.646, ORS 197.712, ORS 197.717, ORS 197.732 & ORS 197.798
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 7-2016, f. 7-29-16, cert. ef. 8-1-16
Attachment 7, Page 46 of 140
LCDD 11-2011, f. 12-30-11, cert. ef. 1-1-12
LCDD 3-2005, f. & cert. ef. 4-11-05
LCDD 6-1999, f. & cert. ef. 8-6-99
LCDD 6-1998, f. & cert. ef. 10-30-98
LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0065
Transportation Improvements on Rural Lands
(1) This rule identifies transportation facilities, services and improvements which may be
permitted on rural lands consistent with Goals 3, 4, 11, and 14 without a goal exception.
(2) For the purposes of this rule, the following definitions apply:
(a) "Access Roads" means low volume public roads that principally provide access to property
or as specified in an acknowledged comprehensive plan;
(b) "Collectors" means public roads that provide access to property and that collect and
distribute traffic between access roads and arterials or as specified in an acknowledged
comprehensive plan;
(c) "Arterials" means state highways and other public roads that principally provide service to
through traffic between cities and towns, state highways and major destinations or as specified
in an acknowledged comprehensive plan;
(d) "Accessory Transportation Improvements" means transportation improvements that are
incidental to a land use to provide safe and efficient access to the use;
(e) "Channelization" means the separation or regulation of conflicting traffic movements into
definite paths of travel by traffic islands or pavement markings to facilitate the safe and orderly
movement of both vehicles and pedestrians. Examples include, but are not limited to, left turn
refuges, right turn refuges including the construction of islands at intersections to separate
traffic, and raised medians at driveways or intersections to permit only right turns.
"Channelization" does not include continuous median turn lanes;
(f) "Realignment" means rebuilding an existing roadway on a new alignment where the new
centerline shifts outside the existing right of way, and where the existing road surface is either
removed, maintained as an access road or maintained as a connection between the realigned
roadway and a road that intersects the original alignment. The realignment shall maintain the
function of the existing road segment being realigned as specified in the acknowledged
comprehensive plan;
(g) "New Road" means a public road or road segment that is not a realignment of an existing
road or road segment.
Attachment 7, Page 47 of 140
(3) The following transportation improvements are consistent with Goals 3, 4, 11, and 14
subject to the requirements of this rule:
(a) Accessory transportation improvements for a use that is allowed or conditionally allowed by
ORS 215.213, 215.283 or OAR chapter 660, division 6 (Forest Lands);
(b) Transportation improvements that are allowed or conditionally allowed by ORS 215.213,
215.283 or OAR chapter 660, division 6 (Forest Lands);
(c) Channelization not otherwise allowed under subsections (a) or (b) of this section;
(d) Realignment of roads not otherwise allowed under subsection (a) or (b) of this section;
(e) Replacement of an intersection with an interchange;
(f) Continuous median turn lane;
(g) New access roads and collectors within a built or committed exception area, or in other
areas where the function of the road is to reduce local access to or local traffic on a state
highway. These roads shall be limited to two travel lanes. Private access and intersections shall
be limited to rural needs or to provide adequate emergency access.
(h) Bikeways, footpaths and recreation trails not otherwise allowed as a modification or part of
an existing road;
(i) Park and ride lots;
(j) Railroad mainlines and branchlines;
(k) Pipelines;
(l) Navigation channels;
(m) Replacement of docks and other facilities without significantly increasing the capacity of
those facilities;
(n) Expansions or alterations of public use airports that do not permit service to a larger class of
airplanes; and
(o) Transportation facilities, services and improvements other than those listed in this rule that
serve local travel needs. The travel capacity and performance standards of facilities and
improvements serving local travel needs shall be limited to that necessary to support rural land
Attachment 7, Page 48 of 140
uses identified in the acknowledged comprehensive plan or to provide adequate emergency
access.
(4) Accessory transportation improvements required as a condition of development listed in
subsection (3)(a) of this rule shall be subject to the same procedures, standards and
requirements applicable to the use to which they are accessory.
(5) For transportation uses or improvements listed in subsections (3)(d) to (g) and (o) of this
rule within an exclusive farm use (EFU) or forest zone, a jurisdiction shall, in addition to
demonstrating compliance with the requirements of ORS 215.296:
(a) Identify reasonable build design alternatives, such as alternative alignments, that are safe
and can be constructed at a reasonable cost, not considering raw land costs, with available
technology. The jurisdiction need not consider alternatives that are inconsistent with applicable
standards or not approved by a registered professional engineer;
(b) Assess the effects of the identified alternatives on farm and forest practices, considering
impacts to farm and forest lands, structures and facilities, considering the effects of traffic on
the movement of farm and forest vehicles and equipment and considering the effects of access
to parcels created on farm and forest lands; and
(c) Select from the identified alternatives, the one, or combination of identified alternatives
that has the least impact on lands in the immediate vicinity devoted to farm or forest use.
(6) Notwithstanding any other provision of this division, if a jurisdiction has not met the
deadline for TSP adoption set forth in OAR 660-012-0055, or any extension thereof, a
transportation improvement that is listed in section (5) of this rule and that will significantly
reduce peak hour travel time as provided in OAR 660-012-0035(10) may be allowed in the
urban fringe only if the jurisdiction applies either:
(a) The criteria applicable to a “reasons” exception provided in Goal 2 and OAR 660, division 4;
or
(b) The evaluation and selection criteria set forth in OAR 660-012-0035.
Statutory/Other Authority: ORS 183, 197.040, 197.245, 215.213, 215.283 & 215.296
Statutes/Other Implemented: ORS 195.025, 197.040, 197.230, 197.245, 197.712, 197.717,
197.232, 215.213 & 215.283
History:
LCDD 15-2020, temporary amend filed 11/10/2020, effective 11/10/2020 through 05/08/2021
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDC 3-1995, f. & cert. ef. 3-31-95
LCDC 1-1991, f. & cert. ef. 5-8-91
Attachment 7, Page 49 of 140
660-012-0070
Exceptions for Transportation Improvements on Rural Land
(1) Transportation facilities and improvements which do not meet the requirements of OAR
660-012-0065 require an exception to be sited on rural lands.
(a) A local government approving a proposed exception shall adopt as part of its comprehensive
plan findings of fact and a statement of reasons that demonstrate that the standards in this rule
have been met. A local government denying a proposed exception shall adopt findings of fact
and a statement of reasons explaining why the standards in this rule have not been met.
However, findings and reasons denying a proposed exception need not be incorporated into
the local comprehensive plan.
(b) The facts and reasons relied upon to approve or deny a proposed exception shall be
supported by substantial evidence in the record of the local exceptions proceeding.
(2) When an exception to Goals 3, 4, 11, or 14 is required to locate a transportation
improvement on rural lands, the exception shall be taken pursuant to ORS 197.732(1)(c), Goal
2, and this division. The exceptions standards in OAR chapter 660, division 4 and OAR chapter
660, division 14 shall not apply. Exceptions adopted pursuant to this division shall be deemed to
fulfill the requirements for goal exceptions required under ORS 197.732(1)(c) and Goal 2.
(3) An exception shall, at a minimum, decide need, mode, function and general location for the
proposed facility or improvement:
(a) The general location shall be specified as a corridor within which the proposed facility or
improvement is to be located, including the outer limits of the proposed location. Specific sites
or areas within the corridor may be excluded from the exception to avoid or lessen likely
adverse impacts. Where detailed design level information is available, the exception may be
specified as a specific alignment;
(b) The size, design and capacity of the proposed facility or improvement shall be described
generally, but in sufficient detail to allow a general understanding of the likely impacts of the
proposed facility or improvement and to justify the amount of land for the proposed
transportation facility. Measures limiting the size, design or capacity may be specified in the
description of the proposed use in order to simplify the analysis of the effects of the proposed
use;
(c) The adopted exception shall include a process and standards to guide selection of the
precise design and location within the corridor and consistent with the general description of
the proposed facility or improvement. For example, where a general location or corridor
crosses a river, the exception would specify that a bridge crossing would be built but would
defer to project development decisions about precise location and design of the bridge within
Attachment 7, Page 50 of 140
the selected corridor subject to requirements to minimize impacts on riparian vegetation,
habitat values, etc.;
(d) Land use regulations implementing the exception may include standards for specific
mitigation measures to offset unavoidable environmental, economic, social or energy impacts
of the proposed facility or improvement or to assure compatibility with adjacent uses.
(4) To address Goal 2, Part II(c)(1) the exception shall provide reasons justifying why the state
policy in the applicable goals should not apply. Further, the exception shall demonstrate that
there is a transportation need identified consistent with the requirements of OAR 660-012-
0030 which cannot reasonably be accommodated through one or a combination of the
following measures not requiring an exception:
(a) Alternative modes of transportation;
(b) Traffic management measures; and
(c) Improvements to existing transportation facilities.
(5) To address Goal 2, Part II(c)(2) the exception shall demonstrate that non-exception locations
cannot reasonably accommodate the proposed transportation improvement or facility. The
exception shall set forth the facts and assumptions used as the basis for determining why the
use requires a location on resource land subject to Goals 3 or 4.
(6) To determine the reasonableness of alternatives to an exception under sections (4) and (5)
of this rule, cost, operational feasibility, economic dislocation and other relevant factors shall
be addressed. The thresholds chosen to judge whether an alternative method or location
cannot reasonably accommodate the proposed transportation need or facility must be justified
in the exception.
(a) In addressing sections (4) and (5) of this rule, the exception shall identify and address
alternative methods and locations that are potentially reasonable to accommodate the
identified transportation need.
(b) Detailed evaluation of such alternatives is not required when an alternative does not meet
an identified threshold.
(c) Detailed evaluation of specific alternative methods or locations identified by parties during
the local exceptions proceedings is not required unless the parties can specifically describe with
supporting facts why such methods or locations can more reasonably accommodate the
identified transportation need, taking into consideration the identified thresholds.
(7) To address Goal 2, Part II(c)(3), the exception shall:
Attachment 7, Page 51 of 140
(a) Compare the long-term economic, social, environmental and energy consequences of the
proposed location and other alternative locations requiring exceptions. The exception shall
describe the characteristics of each alternative location considered by the jurisdiction for which
an exception might be taken, the typical advantages and disadvantages of using the location for
the proposed transportation facility or improvement, and the typical positive and negative
consequences resulting from the transportation facility or improvement at the proposed
location with measures designed to reduce adverse impacts;
(b) Determine whether the net adverse impacts associated with the proposed exception site,
with mitigation measures designed to reduce adverse impacts, are significantly more adverse
than the net impacts from other locations which would also require an exception. A proposed
exception location would fail to meet this requirement only if the affected local government
concludes that the impacts associated with it are significantly more adverse than the other
identified exception sites. The exception shall include the reasons why the consequences of the
needed transportation facility or improvement at the proposed exception location are not
significantly more adverse than would typically result from the same proposal being located in
areas requiring a goal exception other than the proposed location. Where the proposed goal
exception location is on resource lands subject to Goals 3 or 4, the exception shall include the
facts used to determine which resource land is least productive; the ability to sustain resource
uses near the proposed use; and the long-term economic impact on the general area caused by
irreversible removal of the land from the resource base; and
(c) The evaluation of the consequences of general locations or corridors need not be site-
specific, but may be generalized consistent with the requirements of section (3) of this rule.
Detailed evaluation of specific alternative locations identified by parties during the local
exceptions proceeding is not required unless such locations are specifically described with facts
to support the assertion that the locations have significantly fewer net adverse economic,
social, environmental and energy impacts than the proposed exception location.
(8) To address Goal 2, Part II(c)(4), the exception shall:
(a) Describe the adverse effects that the proposed transportation improvement is likely to have
on the surrounding rural lands and land uses, including increased traffic and pressure for
nonfarm or highway oriented development on areas made more accessible by the
transportation improvement;
(b) Demonstrate how the proposed transportation improvement is compatible with other
adjacent uses or will be so rendered through measures designed to reduce adverse impacts.
Compatible is not intended as an absolute term meaning no interference or adverse impacts of
any type with adjacent uses; and
(c) Adopt as part of the exception, facility design and land use measures which minimize
accessibility of rural lands from the proposed transportation facility or improvement and
support continued rural use of surrounding lands.
Attachment 7, Page 52 of 140
(9)(a) Exceptions taken pursuant to this rule shall indicate on a map or otherwise the locations
of the proposed transportation facility or improvement and of alternatives identified under
subsection (4)(c), sections (5) and (7) of this rule.
(b) Each notice of a public hearing on a proposed exception shall specifically note that a goal
exception is proposed and shall summarize the issues in an understandable manner.
(10) An exception taken pursuant to this rule does not authorize uses other than the
transportation facilities or improvements justified in the exception.
(a) Modifications to unconstructed transportation facilities or improvements authorized in an
exception shall not require a new exception if the modification is located entirely within the
corridor approved in the exception.
(b) Modifications to constructed transportation facilities authorized in an exception shall
require a new exception, unless the modification is permitted without an exception under OAR
660-012-0065(3)(b)–(f). For purposes of this rule, minor transportation improvements made to
a transportation facility or improvement authorized in an exception shall not be considered a
modification to a transportation facility or improvement and shall not require a new exception.
(c) Notwithstanding subsections (a) and (b) of this section, the following modifications to
transportation facilities or improvements authorized in an exception shall require new goal
exceptions:
(A) New intersections or new interchanges on limited access highways or expressways,
excluding replacement of an existing intersection with an interchange.
(B) New approach roads located within the influence area of an interchange.
(C) Modifications that change the functional classification of the transportation facility.
(D) Modifications that materially reduce the effectiveness of facility design measures or land
use measures adopted pursuant to subsection (8)(c) of this rule to minimize accessibility to
rural lands or support continued rural use of surrounding rural lands, unless the area subject to
the modification has subsequently been relocated inside an urban growth boundary.
Statutory/Other Authority: ORS 183 & 197.040
Statutes/Other Implemented: ORS 195.025, 197.040, 197.230, 197.245, 197.712, 197.717 &
197.732
History:
LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06
LCDD 3-2004, f. & cert. ef. 5-7-04
LCDC 1-1991, f. & cert. ef. 5-8-91
Attachment 7, Page 53 of 140
660-012-0100
Transportation System Plans in Metropolitan Areas
(1) Cities shall develop and adopt a transportation system plan. Cities shall develop a
transportation system plan and amendments to that plan consistent with the provisions of OAR
660-012-0105 through OAR 660-012-0215. A transportation system plan includes the following
elements:
(a) The core transportation system plan elements as provided in section (2);
(b) Funding projections as provided in OAR 660-012-0115;
(c) A transportation options element as provided in OAR 660-012-0145;
(d) An unconstrained project list as provided in OAR 660-012-0170;
(e) A financially-constrained project list as provided in OAR 660-012-0180;
(f) Any refinement plans adopted as provided in OAR 660-012-0190;
(g) A pedestrian system element as provided in OAR 660-012-0500;
(h) A bicycle system element as provided in OAR 660-012-0600;
(i) A public transportation system element as provided in OAR 660-012-0700; and
(j) A street and highway system element as provided in OAR 660-012-0800.
(2) A transportation system plan shall include the following core elements:
(a) The base and planning horizon years as provided in section (3) of this rule;
(b) The land use assumptions as provided in OAR 660-012-0340;
(c) A list of all elements of the plan, and the date of adoption or amendment of each;
(d) The coordinated land use and transportation system planning policies in the city’s
comprehensive plan;
(e) The local transportation system plan goals and policies;
(f) Areas with concentrations of underserved populations as provided in OAR 660-012-0125,
identified using best available data;
Attachment 7, Page 54 of 140
(g) A record of the engagement, involvement, and decision-making processes used in
development of the plan, as provided in OAR 660-012-0130;
(h) A major equity analysis as provided in OAR 660-012-0135 or an engagement-focused equity
analysis as provided in OAR 660-012-0135 for urban areas under 5,000 in population; and
(i) The dates of each report made to the director as provided in OAR 660-012-0900, including all
applicable city and county reports for the planning area.
(3) Cities shall determine the base and horizon years of a transportation system plan as follows:
(a) The base year is the present or past year which is used for the development of plan
elements. The base year shall be the year of adoption of a major update to the Transportation
System Update, or no earlier than five years prior.
(b) The horizon year is the future year for which the plan contains potential projects and shall
be at least twenty years from the year of adoption of a major update to the transportation
system plan.
(4) The director may grant a whole or partial exemption from the requirements of this division
to cities and counties with a population of less than 10,000 within the urban area. The director
may also grant a whole or partial temporary exemption from the requirements of this division
to jurisdictions of any size that are newly included in an existing metropolitan area or a newly
designated metropolitan area. The director shall use the criteria and process as provided in OAR
660-012-0055(7) to decide to approve an exemption.
(5) The development of a transportation system plan shall be coordinated with affected cities,
counties, transportation facility owners, and transportation service providers, and
transportation options providers.
(6) Adoption or amendment of a transportation system plan shall constitute the land use
decision regarding the function, mode, general location, and need for transportation facilities,
services, and major improvements.
(7) Adoption or amendment of a transportation system plan shall include findings of
compliance with applicable statewide planning goals, acknowledged comprehensive plan
policies, and land use regulations.
(8) Cities and counties shall design transportation system plans to achieve transportation
performance targets as provided in OAR 660-012-0910.
(9) Metro shall adopt a regional transportation system plan provided in OAR 660-012-0140.
Attachment 7, Page 55 of 140
(10) Cities and counties in the Portland Metropolitan Area shall additionally meet the
requirements as provided in OAR 660-012-0140.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.180, ORS 197.200, ORS 197.274 & ORS
197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0105
Transportation System Plan Updates
(1) Any amendment to a transportation system plan must be either a major update as provided
in section (2), or a minor update, which is any update that is not a major update.
(2) A major update to a transportation system plan is any update that:
(a) Includes a change to the horizon year of the plan;
(b) Is adopted after January 1 of the planning horizon year of the acknowledged plan; or
(c) Adds a facility authorized as provided in OAR 660-012-0830.
(3) A city or county making a major update to a transportation system plan shall:
(a) Update the core transportation system plan elements provided in OAR 660-012-0100(2);
(b) Include all other applicable transportation system plan elements provided in OAR 660-012-
0100; and
(c) Comply with the engagement requirements of OAR 660-012-0120.
(4) A city or county making a minor update to a transportation system plan shall, at a minimum:
(a) Update core transportation system plan elements provided in OAR 660-012-0100(2) that are
applicable to the scope of the minor update;
(b) Comply with the engagement requirements of OAR 660-012-0120; and
(c) Identify areas with concentrations of underserved populations as provided in OAR 660-012-
0125 using best available data; and
(d) Conduct an engagement-focused equity analysis as provided in OAR 660-012-0135.
Attachment 7, Page 56 of 140
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0110
Transportation System Planning Area
(1) The planning area for transportation system plans is the area within the acknowledged
urban growth boundary. The unincorporated area within urban growth boundaries is the
urbanizable area.
(2) Cities and counties are responsible for cooperatively developing transportation system plans
within the urban area, including the urbanizable area. Cities and counties shall jointly
determine and agree how transportation system planning will occur in the urbanizable area,
including plan adoption.
(a) Cities may develop and adopt a single transportation system plan for the entire urban area;
(b) A county may choose to develop and adopt a separate transportation system plan for areas
in the urbanizable area; or
(c) A city and county may jointly determine the geographic extent of each of their
transportation system plans within the urban area.
(3) Counties planning for urban areas as provided in this rule, and associated cities, shall meet
these requirements:
(a) Counties shall meet the applicable requirements of this division as if they were a city, even
when requirements only refer to cities.
(b) Both the city and county shall meet all applicable requirements of this division based on the
population of the entire urban area, except where a population threshold in a rule specifically
refers to the population of the urban unincorporated area.
(c) When a county develops a transportation system plan for a portion of the urban area within
an urban growth boundary, both transportation system plans must have the same planning
horizon year. This subsection does not apply in urban areas with more than one city.
(4) Counties shall plan areas outside urban growth boundaries as rural, regardless of location
within a metropolitan area. Counties planning for unincorporated communities within a
metropolitan area must meet requirements provided in OAR chapter 660, division 22.
Attachment 7, Page 57 of 140
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0115
Funding Projections
(1) Cities and counties must include funding projections in the transportation system plan.
Funding projections must include the list of funding sources and amount of funding available, as
provided in this rule.
(2) The required list of funding sources must include all funding sources that the city or county
expects to use over the planning period to operate, maintain, or construct the transportation
system. These sources include, but are not limited to:
(a) Local, regional, state, and federal funding sources; and
(b) Sources expected from any transportation facility or service operator within the planning
area.
(3) The list of funding sources shall include, for each source of funding identified:
(a) The expected funding over the remainder of the planning period;
(b) The purpose of the source of funding and any key limitations on the use of the funding; and
(c) Reasons that the funding source is expected to be available during the planning period.
These reasons may include, but are not limited to, that the funding is provided by:
(A) Transportation facility pricing revenues, including parking revenues;
(B) Tax or bond revenues;
(C) Fees, charges, or other local revenues;
(D) Grants given using a formula or other regular disbursement;
(E) Regional funds from a Metropolitan Planning Organization; or
(F) A source that previously provided funds to the city or county and can reasonably expected
to provide more in the future.
Attachment 7, Page 58 of 140
(4) The city or county shall use the list of funding sources to determine the amount of funding
expected to be available to develop transportation projects over the planning period. Funding
to maintain and operate the transportation system, or used for purposes other than
development of transportation projects, shall be excluded. The transportation system plan shall
clearly describe the amounts that are included and excluded.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0120
Transportation System Planning Engagement
(1) Cities and counties shall develop transportation system plans using methods of public
engagement and decision making consistent with the statewide planning goals and the local
acknowledged comprehensive plan.
(2) Public engagement and decision making shall follow the practices provided in OAR 660-012-
0130 to place an increased emphasis on centering the voices of underserved populations
identified in OAR 660-012-0125.
(3) Cities or counties engaged in an update of the transportation system plan as provided in
OAR 660-012-0105, or an update of the future land use assumptions as provided in OAR 660-
012-0340, shall make a special effort to ensure underserved populations, as identified in OAR
660-012-0125, are:
(a) Informed about the choices that need to be made in the planning process;
(b) Given a meaningful opportunity to inform the planning process; and
(c) Given an equitable share of the decision-making power over key decisions, to the extent
possible.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0125
Underserved Populations
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(1) Cities and counties shall prioritize community-led engagement and decision-making, with
specific attention to the underserved populations listed in section (2) of this rule.
(2) Underserved populations deserve prioritized attention regarding transportation and land
use planning due to historic and current marginalization. Underserved populations include, but
are not limited to:
(a) Black and African American people;
(b) Indigenous people (including Tribes, American Indian/Alaska Native and Hawaii Native);
(c) People of Color (including but not limited to Hispanic, Latina/o/x, Asian, Arabic or North
African, Middle Eastern, Pacific Islander, and mixed-race or mixed-ethnicity populations);
(d) Immigrants, including undocumented immigrants and refugees;
(e) People with limited English proficiency;
(f) People with disabilities;
(g) People experiencing homelessness;
(h) Low-income and low-wealth community members;
(i) Low- and moderate-income renters and homeowners;
(j) Single parents;
(k) Lesbian, gay, bisexual, transgender, queer, intersex, asexual, or two-spirit community
members; and
(l) Youth and seniors.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0130
Decision-Making with Underserved Populations
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(1) Cities and counties shall, as a part of an involvement program required as provided in OAR
660-015-0000(1), center the voices of underserved populations in processes at all levels of
decision-making under this division. Actions that may accomplish this include, but are not
limited to:
(a) Reporting regularly on progress made under this rule as provided by section (3);
(b) Conducting equity analyses as provided in OAR 660-012-0135;
(c) Considering the effect on underserved populations when developing plans, including land
use plans and plans for public investment;
(d) Developing decision-making factors that recognize and work to reduce historic and current
inequities; and,
(e) Engaging in additional outreach activities with underserved populations and in areas with
concentrations of underserved populations. Such outreach activities should include activities in
multiple languages and formats, and be accessible to:
(A) People with disabilities,
(B) People without internet access, and
(C) People with limited transportation and child care options, and with schedule constraints
around employment or other critical responsibilities.
(2) Cities and counties shall identify federally recognized sovereign tribes whose ancestral lands
include the planning area. The city or county shall engage with affected tribes to notify them of
coordinated land use and transportation planning activities and projects under this division.
(3) Cities and counties shall regularly assess and report on progress made under this rule by:
(a) Reporting to the department annually as provided in OAR 660-012-0900;
(b) Making regular reports to the planning commission and governing body of the city or
county; and
(c) Making regular public reports to the community.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
Attachment 7, Page 61 of 140
660-012-0135
Equity Analysis
(1) Cities and counties shall determine whether the land use and transportation plans required
in this division improve outcomes for underserved populations by using an equity analysis. An
equity analysis is intended to determine benefits and burdens on underserved populations, as
identified in OAR 660-012-0125.
(2) A city or county engaging in a major equity analysis shall conduct all the actions in the
engagement-focused equity analysis in section (3). In addition, a city or county shall:
(a) Assess, document, acknowledge, and address where current and past land use,
transportation, and housing policies and effects of climate change have harmed or are likely to
harm underserved populations;
(b) Assess, document, acknowledge, and address where current and past racism in land use,
transportation, and housing has harmed or is likely to harm underserved populations;
(c) Identify geographic areas with significantly disproportionate concentrations of underserved
populations;
(d) Develop key performance measures as required in OAR 660-012-0905, or review existing
performance measures, for key community outcomes as provided in subsection (3)(a) over
time; and
(e) Use the best available data in conducting sections (a) through (d).
(3) A city or county conducting an engagement-focused equity analysis shall:
(a) Engage with members of underserved populations as identified in OAR 660-012-0125 to
develop key community outcomes;
(b) Gather, collect, and value qualitative and quantitative information, including lived
experience, from the community on how the proposed change benefits or burdens
underserved populations;
(c) Recognize where and how intersectional discrimination compounds disadvantages;
(d) Analyze the proposed changes for impacts and alignment with desired key community
outcomes and key performance measures under OAR 660-012-0905;
(e) Adopt strategies to create greater equity or minimize negative consequences; and
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(f) Report back and share the information learned from the analysis and unresolved issues with
people engaged as provided in subsection (a).
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0140
Transportation System Planning in the Portland Metropolitan Area
(1) This rule applies to cities and counties in the Portland Metropolitan Area, and Metro. In the
Portland Metropolitan Area, cities and counties shall develop and adopt local transportation
system plans as provided in OAR 660-012-0100. Metro shall develop and adopt a regional
transportation system plan as provided in this rule.
(2) Cities and counties shall amend comprehensive plans, land use regulations, and
transportation system plans to be consistent with Metro’s regional transportation system plan.
Consistent means city and county comprehensive plans and implementing ordinances conform
with the policies and projects in the regional transportation system plan. If Metro finds a local
transportation system plan is consistent with the Regional Transportation Functional Plan, the
transportation system plan shall be deemed consistent with the regional transportation system
plan.
(3) Metro shall prepare, adopt, amend, and update a regional transportation system plan in
coordination the with regional transportation plan required by federal law. Insofar as possible,
the regional transportation system plan shall be accomplished through a single coordinated
process that complies with the applicable requirements of federal law and this division.
(a) When Metro adopts or amends the regional transportation plan to comply with this division
as provided in this section, Metro shall review the adopted plan or amendment and either:
(A) Adopt findings that the proposed regional transportation plan amendment or update is
consistent with the applicable provisions of adopted regional transportation system plan and
compliant with applicable provisions of this division; or
(B) Adopt amendments to the regional transportation system plan that make the regional
transportation plan consistent and compliant with applicable provisions of this division.
Necessary plan amendments or updates shall be prepared and adopted in coordination with
the federally-required plan update or amendment. Such amendments shall be initiated no later
than 30 days from the adoption of the regional transportation plan amendment or update and
shall be adopted no later than one year from the adoption of the regional transportation plan
amendment or update or according to a work program approved by the commission. A plan
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amendment is initiated for purposes of this subsection where the affected local government
files a post-acknowledgement plan amendment notice with the department as provided in OAR
660-018-0020.
(b) Adoption or amendment of the regional transportation plan relates to compliance with this
division for purposes of this section if it does one or more of the following:
(A) Changes plan policies;
(B) Adds or deletes a project from the list of planned transportation facilities, services, or
improvements or from the financially-constrained project list required by federal law;
(C) Modifies the general location of a planned transportation facility or improvement;
(D) Changes the functional classification of a transportation facility; or
(E) Changes the planning period or adopts or modifies the population or employment forecast
or allocation upon which the plan is based.
(c) The following amendments to the regional transportation plan do not relate to compliance
with this division for purposes of this section:
(A) Adoption of an air quality conformity determination;
(B) Changes to a federal revenue projection;
(C) Changes to estimated cost of a planned transportation project; or
(D) Deletion of a project from the list of planned projects where the project has been
constructed or completed.
(4) Notwithstanding any requirement in this division, Metro may adopt provisions into a
regional functional plan that require cities and counties to meet an additional requirement for
transportation system planning where Metro finds that the additional requirement is necessary
to meet regional planning objectives and supports the purposes of this division.
(5) Notwithstanding requirements for transportation system planning areas provided in OAR
660-012-0110:
(a) Metro shall work cooperatively with cities and counties to determine responsibility for
planning areas in the urbanizable area. Where a county has responsibility for a planning area,
the county must meet the requirements as provided for counties in OAR 660-012-0110;
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(b) Counties planning for unincorporated areas within the urban growth boundary shall meet all
applicable requirements based on the population of the planning area; and
(c) Counties and cities need not have the same planning horizon year.
(6) Notwithstanding requirements for transportation system inventories as provided in OAR
660-012-0150, Metro shall prescribe inventory requirements in transportation system plans for
cities and counties in a regional functional plan.
(7) Metro may propose alternative requirements in lieu of requirements provided in this
division.
(a) The director shall review proposed alternative requirements to make a recommendation to
the commission as to whether the proposed alternative requirements would meet the
objectives of the original requirements and support the purposes of this division.
(b) The commission shall hold a hearing to review the proposed alternative requirements and
the director’s recommendation. If the commission finds that the proposed alternative
requirements meet the objectives of the original requirements and support the purposes of this
division, then the commission shall issue an order approving the proposed alternative
requirements; otherwise, the commission shall remand the proposed alternative requirements
to Metro with specific directions for changes needed to meet the objectives of the original
requirement and support the purposes of this division.
(c) Upon approval by the commission, Metro may adopt the proposed alternative requirements
into a regional functional plan. Upon adoption by Metro, cities and counties that comply with
the alternative requirements of the regional functional plan are no longer required to meet the
specific requirements of this division as described in the commission order.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 184.899, ORS 197.012, ORS 197.274, ORS 197.301 & ORS
197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0145
Transportation Options Planning
(1) The transportation system options element of a transportation system plan shall include:
(a) The existing programs, services, and projects identified in section (2);
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(b) The future transportation demand management needs identified in section (3) and the
performance targets set as provided in OAR 660-012-0910; and
(c) A trip reduction strategy for large employers.
(2) Cities and counties shall coordinate with transportation options providers, public
transportation service providers, state agencies, and other cities and counties to identify
existing transportation options and transportation demand management programs, services,
and projects. These shall include, but are not limited to:
(a) Education, encouragement, and other transportation demand management programs and
services that focus on forms of transportation other than single-occupant vehicles;
(b) Transportation demand management programs and policies that discourage the use of
single-occupancy vehicles; and
(c) Transportation options needs of underserved populations.
(3) Cities and counties shall coordinate with transportation options providers, public
transportation service providers, and other cities and counties to identify future transportation
demand management needs. These shall include, but are not limited to:
(a) Commute trip reduction consultation and promotion of programs such as the provision of
transit passes and parking cash-out;
(b) Physical improvements such as carpool parking spaces and park and ride locations; and
(c) Regional solutions for intercity travel.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0150
Transportation System Inventories
(1) This rule applies to transportation inventories as provided in OAR 660-012-0505, OAR 660-
012-0605, OAR 660-012-0705, and OAR 660-012-0805.
(2) Cities and counties shall coordinate with other publicly owned transportation facility and
service providers, including, but not limited to state agencies, other cities and counties, and
public transportation system operators to develop the transportation system inventory.
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(3) Inventories shall include all publicly owned, operated, or supported transportation facilities
and services within the planning area, regardless of ownership or maintenance responsibility.
Inventories shall note ownership or maintenance responsibility for all facilities.
(4) Inventories shall clearly identify the following for each inventoried facility or service:
(a) Function, including the classification of the facility or service, its primary uses, and whether
it primarily serves local, regional, pass-through, or freight traffic.
(b) Primary users of the facility, including whether users are primarily on foot, bicycle, transit,
freight, or personal vehicle.
(c) Land use context for each segment of the facility, including determining what types of
planned land uses surround the facility.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.180 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0155
Prioritization Framework
(1) Cities, counties, Metro, and state agencies shall use the framework in this rule for decision
making regarding prioritization of transportation facilities and services. Cities, counties, Metro,
and state agencies shall consider the following:
(a) Prioritization factors as provided in section (3);
(b) Classification of facilities or segments as provided in section (4);
(c) The planned land use context as provided in section (5); and
(d) Expected primary users as provided in section (6).
(2) Cities, counties, Metro, and state agencies may use local values determined through
engagement as provided in OAR 660-012-0120 to weight various prioritized factors when
making prioritization decisions as provided in this division.
(3) Cities, counties, Metro, and state agencies shall prioritize transportation facilities and
services based on the following factors:
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(a) Meeting greenhouse gas reduction targets, including:
(A) Reducing per-capita vehicle miles traveled to meet greenhouse gas reduction targets
provided in OAR 660-044-0020 or OAR 660-044-0025;
(B) Supporting compact, pedestrian-friendly patterns of development in urban areas,
particularly in climate-friendly areas;
(C) Reducing single-occupant vehicle travel as a share of overall travel; and
(D) Meeting performance targets set as provided in OAR 660-012-0910.
(b) Improving equitable outcomes for underserved populations identified in OAR 660-012-0125;
(c) Improving safety, particularly reducing or eliminating fatalities and serious injuries;
(d) Improving access for people with disabilities;
(e) Improving access to destinations, particularly key destinations identified as provided in OAR
660-012-0360;
(f) Completing the multimodal transportation network, including filling gaps and making
connections;
(g) Supporting the economies of the community, region, and state; and
(h) Other factors determined in the community.
(4) Cities, counties, Metro, and state agencies shall consider the functional classification of
planned or existing transportation facilities or segments when making decisions about
appropriate transportation facilities and services. Cities, counties, Metro, and state agencies
may establish different functional classifications for each mode on any facility or segment that
they own and operate.
(5) Cities, counties, Metro, and state agencies shall consider the planned land use context
around an existing or planned transportation facility or segment when making decisions about
appropriate transportation facilities and services.
(a) Within climate-friendly areas, cities, counties, Metro, and state agencies shall prioritize
pedestrian, bicycle, and public transportation facilities and services. Cities, counties, Metro, and
state agencies shall ensure facilities are planned for these modes to experience safe, low stress,
and comfortable travel for people of all ages and abilities within climate-friendly areas with
minimal interference from motor vehicle traffic.
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(b) In areas with concentrations of underserved populations, cities, counties, Metro, and state
agencies shall prioritize transportation projects addressing historic and current marginalization.
Proposed transportation projects in these areas must work to rectify previous harms and
prevent future harms from occurring. These areas may have suffered from disinvestment or
harmful investments, including transportation system investments. Such harms include but are
not limited to displacement, increased exposure to pollutants, destruction and division of
neighborhoods, heat islands, and unsafe conditions for pedestrians, cyclists, transit users, and
others.
(6) Cities, counties, Metro, and state agencies shall consider the expected primary users of an
existing or planned transportation facility or segment when making decisions about appropriate
transportation facilities and services. In particular:
(a) In areas near schools or other locations with expected concentrations of children, or areas
with expected concentrations of older people or people with disabilities, cities, counties,
Metro, and state agencies must prioritize safe, protected, and continuous pedestrian and
bicycle networks connecting to key destinations, including transit stops.
(b) In industrial areas, along routes accessing key freight terminals, and other areas where
accommodations for freight are needed, cities, counties, Metro, and state agencies must
consider the needs of freight users. Pedestrian, bicycle, and public transportation system
connections must be provided in industrial areas at a level that provides safe access for
workers.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.180, ORS 197.712 & ORS 468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0160
Reducing Vehicle Miles Traveled
(1) The following jurisdictions are exempt from the requirements of this rule:
(a) Cities under 5,000 population;
(b) Counties under 5,000 population within urban growth boundaries but outside of
incorporated cities; and
(c) Counties under 10,000 population within urban growth boundaries but outside of
incorporated cities.
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(2) When a city or county, makes a major update to a transportation system plan as provided in
OAR 660-012-0105, or Metro makes an update to a regional transportation plan as provided in
OAR 660-012-0140, they shall use the following requirements to project vehicle miles traveled
per capita for the planning period.
(a) The city, county, or Metro must prepare a projection that estimates changes between
vehicle miles traveled per capita from the base year and vehicle miles traveled per capita that
would result from all projects on the financially-constrained project list prepared as provided in
OAR 660-012-0180; and
(b) Projections of vehicle miles traveled per capita must incorporate the best available science
on latent and induced travel of additional roadway capacity.
(3) The projections prepared as provided in section (2) must be based on:
(a) Land use and transportation policies in an acknowledged comprehensive plan and in the
proposed transportation system plan;
(b) Local actions consistent with the adopted performance targets under OAR 660-012-0910, or
OAR 660-044-0110; and
(c) Forecast land use patterns as provided in OAR 660-012-0340.
(4) Cities and counties may only adopt a transportation system plan if the projected vehicle
miles traveled per capita at the horizon year using the financially-constrained project list is
lower than estimated vehicle miles traveled per capita in the base year scenario.
(5) A city or county is not required to meet the requirements in sections (2) through (4) of this
rule if the city or county has selected a financially-constrained project list that does not contain
any project that would require review as provided in OAR 660-012-0830(1).
(6) Metro shall adopt a regional transportation plan in which the projected vehicle miles
traveled per capita at the horizon year using the financially-constrained project list is lower
than the estimated vehicle miles traveled per capita at the base year by an amount that is
consistent with the metropolitan greenhouse gas reduction targets in OAR 660-044-0020.
Metro may rely on assumptions on future state and federal actions, including the following
state-led actions that affect auto operating costs:
(a) State-led pricing policies, and energy prices; and
(b) Vehicle and fuel technology, including vehicle mix, vehicle fuel efficiency, fuel mix, and fuel
carbon intensity.
Statutory/Other Authority: ORS 197.040
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Statutes/Other Implemented: ORS 184.899, ORS 197.012, ORS 197.712 & ORS 486A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0170
Unconstrained Project List
(1) Cities and counties shall create a combined project list by combining:
(a) The pedestrian project list developed as provided in OAR 660-012-0520;
(b) The bicycle project list developed as provided in OAR 660-012-0620;
(c) The public transportation project list developed as provided in OAR 660-012-0720; and
(d) The streets and highways project list developed as provided in OAR 660-012-0820.
(2) Cities and counties shall, to the extent practicable, combine proposed projects from multiple
single-mode lists into a single multimodal project on the combined project list.
(3) Cities and counties shall develop an unconstrained project list by prioritizing the combined
project list, including multimodal projects. Cities and counties need not include every project in
the combined project list on the unconstrained project list. There is no limit to the number of
projects that may be included on the unconstrained project list.
(4) Cities and counties shall develop a method of prioritizing projects on the unconstrained
project list. Projects on the unconstrained project list may be ranked individually or in tiers.
Unconstrained project lists ranked in tiers shall have enough tiers to clearly be able to
determine the relative ranking of projects when making decisions. Cities and counties shall
describe the method used to prioritize the unconstrained project list in the transportation
system plan. Cities and counties must emphasize the following requirements when developing
a method of prioritizing projects on the unconstrained project list:
(a) The project will help reduce vehicle miles traveled;
(b) The project burdens underserved populations less than and benefit as much as the city or
county population as a whole; and
(c) The project will help achieve the performance targets set as provided in OAR 660-012-0910.
(5) Cities and counties shall develop planning-level cost estimates for the top ranked projects
on the prioritized unconstrained project list as provided in section (4). The city or county shall
make estimates for as many projects as the city or county reasonably believes could be funded
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in the planning period. The city or county need not make cost estimates for every project on
the unconstrained project list.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.899, ORS 197.012, ORS 197.712 & ORS 468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0180
Financially-Constrained Project List
(1) Cities and counties shall include a financially-constrained project list in a transportation
system plan. Cities and counties shall use the prioritized unconstrained project list developed as
provided in OAR 660-012-0170 and the amount of funding available developed as provided in
OAR 660-012-0115 to produce the financially-constrained project list.
(2) Cities, counties, Metro, and the state may only develop, fund, and construct projects on the
financially-constrained project list.
(a) Cities and counties may only submit projects on the financially-constrained project list in
their transportation system plan to the financially-constrained list of a federally-required
regional transportation plan.
(b) Cities and counties may permit projects on the unconstrained project list but not on the
financially-constrained list to be constructed if the project is built by a property owner as a
requirement of land development and the project would not require review as provided in OAR
660-012-0830.
(3) Cities and counties shall create a financially-constrained project list using the top available
projects on the prioritized unconstrained project list and the planning-level cost estimates
developed as provided in OAR 660-012-0170. The sum of the planning-level cost estimates for
projects placed on the financially-constrained project list shall not exceed 125 percent of the
funding available as identified in OAR 660-012-0115. Cities and counties shall select projects
such that the resulting financially-constrained list would:
(a) Reduce per capita vehicle miles traveled, as provided in OAR 660-012-0160;
(b) Burden underserved populations less than and benefit underserved populations as much or
more as the city or county population as a whole; and
(c) Make significant progress towards meeting the performance targets set for each
performance measure as provided in OAR 660-012-0910 or OAR 660-044-0110.
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(4) If the list of projects cannot meet each test in section (3), the city or county must adjust the
project list to find the highest-ranking set of projects that can meet the criteria in section (3).
This is the financially-constrained project list.
(5) Cities or counties making a major or minor amendment to the transportation system plan as
provided in OAR 660-012-0105 which includes an update to any project list, shall update the
financially-constrained project list as provided in this rule.
(6) Cities and counties shall prioritize the implementation of projects from the financially-
constrained project list for their ability to reduce climate pollution and improve equitable
outcomes using the criteria provided in section (3) of this rule.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 184.899, ORS 197.012, ORS 197.712 & ORS 468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0190
Transportation System Refinement Plans
(1) A city or county may, when adopting a major update to the transportation system plan as
provided in OAR 660-012-0105, defer decisions regarding function, general location, and mode
of a refinement plan if findings are adopted that:
(a) Identify the transportation need for which decisions regarding function, general location, or
mode are being deferred;
(b) Demonstrate why information required to make final determinations regarding function,
general location, or mode cannot reasonably be made available within the time allowed for
preparation of the transportation system plan;
(c) Explain how deferral does not invalidate the assumptions upon which the transportation
system plan is based or preclude implementation of the remainder of the transportation system
plan;
(d) Describe the nature of the findings that will be needed to resolve issues deferred to a
refinement plan; and
(e) Set a deadline for adoption of a refinement plan.
(2) Where a Corridor Environmental Impact Statement (EIS) is prepared pursuant to the
requirements of the National Environmental Policy Act of 1969, the development of the
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refinement plan shall be coordinated with the preparation of the Corridor EIS. The refinement
plan shall be adopted prior to the issuance of the Final EIS.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.200 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0200
Temporary Projects
(1) Notwithstanding any other part of this division, an operator of a transportation facility may
undertake a temporary project to change streets, roads, or highways consistent with this rule,
without specific inclusion in a project list in a transportation system plan.
(2) Temporary projects may include:
(a) Temporary projects to convert areas dedicated to existing on-street parking or general-
purpose travel lanes to pedestrian facilities, areas, or plazas; bicycle facilities; or transit lanes.
(b) Temporary projects to implement a pilot program to price facilities for motor vehicles on a
street or highway. This rule does not restrain any parking pricing or parking management
activities.
(c) Temporary transportation projects to provide basic transportation network connectivity and
function after a major emergency impacting the transportation system to a significant degree.
(3) Temporary projects as provided in this rule may be in place until the end of the planning
period. Projects extending past this duration must be adopted into the transportation system
plan.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0210
Transportation Modeling and Analysis
(1) A city or county relying on transportation models or mathematical analysis of the
transportation system to make a land use decision shall do so consistently with this rule.
Attachment 7, Page 74 of 140
(2) The model or analysis must account for changes in vehicle miles traveled per capita that
would result from any transportation projects proposed as a part of the land use decision.
(3) The assumptions and inputs used with the modeling or analysis must be consistent with
acknowledged plans.
(4) The modeling or analysis must demonstrate that the land use decision will not increase
vehicle miles traveled per capita.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0215
Transportation Performance Standards
(1) This rule applies to transportation performance standards that cities and counties use to
review comprehensive plan and land use regulation amendments as provided in OAR 660-012-
0060. If a city or county requires applicants to analyze transportation impacts as part of
development review in acknowledged local land use regulations, then that review must include
evaluation of the performance standards established under this rule. This rule applies to
transportation performance standards that Metro uses to review functional plan amendments
as provided in OAR 660-012-0060.
(2) Cities and counties shall adopt transportation performance standards. The transportation
performance standards must support meeting the targets for performance measures set as
provided in OAR 660-012-0910. The transportation performance standards must include these
elements:
(3) Characteristics of the transportation system that will be measured, estimated, or projected,
and the methods to calculate their performance;
(4) Thresholds to determine whether the measured, estimated, or projected performance
meets the performance standard. Thresholds may vary by facility type, location, or other
factors. Thresholds shall be set at the end of the planning period, time of development, or
another time; and
(5) Findings for how the performance standard supports meeting the targets for performance
measures set as provided in OAR 660-012-0910.
(6) Cities, counties, Metro, and state agencies shall adopt two or more transportation
performance standards. At least one of the transportation performance standards must
Attachment 7, Page 75 of 140
support increasing transportation options and avoiding principal reliance on the automobile.
The transportation system plan must clearly establish how to apply the multiple performance
standards to a proposal that meets some, but not all, of the transportation performance
standards. The transportation performance standards must evaluate at least two of the
following objectives for the transportation system, for any or all modes of transportation:
(a) Reducing climate pollution;
(b) Equity;
(c) Safety;
(d) Network connectivity;
(e) Accessibility;
(f) Efficiency;
(g) Reliability; and
(h) Mobility.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.180 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0300
Coordinated Land Use and Transportation System Planning
(1) Cities and counties shall coordinate land use and transportation plans.
(2) Cities and counties shall, if applicable, adopt and implement climate-friendly areas as
provided in OAR 660-012-0310.
(3) Cities and counties shall adopt and implement the applicable land use requirements as
provided in OAR 660-012-0330.
(4) Cities and counties shall, in the development of transportation plans, use the land use
assumptions developed as provided in OAR 660-012-0340.
(5) Cities and counties shall develop a list of key destinations, identified as provided in OAR 660-
012-0360.
Attachment 7, Page 76 of 140
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0310
Climate Friendly Areas
(1) This rule, OAR 660-012-0315, and OAR 660-012-0320 apply to cities and counties that:
(a) Are within a metropolitan area other than the Portland Metropolitan Area;
(b) Are inside incorporated cities or areas within an urban growth boundary as provided in
section (3); and
(c) Have a population of more than 5,000 within an urban growth boundary.
(2) Cities and counties shall study and zone climate-friendly areas for locations that meet the
following requirements.
(a) Locations able to support development consistent with the land use requirements of OAR
660-012-0320.
(b) The locations shall be in existing or planned urban centers, including downtowns,
neighborhood centers, transit-served corridors, or similar districts. To the extent practicable,
climate-friendly areas should be located within, or in close proximity to, areas planned for, or
provided with, high-density residential uses and a high concentration of employment
opportunities.
(c) The locations shall be in areas that are served, or planned for service, by high quality
pedestrian, bicycle, and transit services.
(d) The locations shall not be in areas where development is limited or disallowed by provisions
adopted pursuant to Statewide Planning Goal 7. Climate-friendly areas may be designated in
such areas if the local government has adopted requirements for development that will
mitigate potential hazards to life and property, in compliance with Statewide Planning Goal 7.
(e) Cities may designate climate-friendly areas within the urban growth boundary, but outside
the city limits boundary, if the following requirements are met:
(A) The area is contiguous with the city limits boundary;
Attachment 7, Page 77 of 140
(B) The provision of urban services is contingent upon annexation into the city limits and the
area is readily serviceable with urban water, sewer, stormwater, and transportation. “Readily
serviceable” means that urban infrastructure services are nearby and could be provided to
allow construction on the site within one year of an application for a building permit;
(C) The zoning that will be applied upon annexation, based on the city’s comprehensive plan
designation for the area, is consistent with climate-friendly area requirements;
(D) The county in which the subject area is located has adopted a consistent comprehensive
plan designation for the area; and
(E) The city can demonstrate that at least 70 percent of complete annexation applications
within the last five years have been approved within one year of the date of complete
annexation application.
(f) Climate-friendly areas shall have a minimum width of 750 feet, including any internal rights
of way that may be unzoned. Contiguous climate-friendly areas with distinct land use
requirements may be considered cumulatively to demonstrate compliance with the minimum
width requirement. Exceptions to these minimum dimensional requirements are allowed due
to natural barriers, such as rivers; or due to long-term barriers in the built environment, such as
freeways. Exceptions are also allowed if potential climate-friendly areas are constrained by
adjacent areas planned and zoned to meet industrial land needs.
(3) Cities and counties shall designate climate-friendly areas. Counties with planning jurisdiction
in unincorporated areas provided with urban water, sanitary sewer, stormwater, and
transportation services within an identified urban growth boundary shall coordinate with the
respective city or cities to address climate-friendly area requirements for those areas. Areas
under county jurisdiction outside urban growth boundaries; or within urban growth boundaries
but not provided with urban water, sanitary sewer, stormwater, and transportation services;
are not subject to this rule.
(4) Cities and counties shall designate climate-friendly areas as they cross the population
thresholds in subsections (a) and (b). City population is as determined by the most recently
certified Portland State University Population Research Center population estimate. Compliance
timelines are based upon the date of the certification of the population estimate. County
population within an urban growth boundary may be calculated by interpolating Portland State
University Population Research Center’s population forecast for the area within an urban
growth boundary, then subtracting the certified city population estimate from the total
population within the urban growth boundary for the current year.
(a) A city or county with a population within an urban growth boundary exceeding 5,000, but
less than 10,001 shall submit a study of potential climate-friendly areas to the department as
provided in OAR 660-012-0315 within 545 days of reaching a population exceeding 5,000. The
city or county shall subsequently adopt land use requirements as provided in OAR 660-012-
Attachment 7, Page 78 of 140
0315, and climate-friendly elements to their comprehensive plans within 365 days of the
deadline for submittal of the study of potential climate-friendly areas.
(b) A city or a county with a population exceeding 10,000 within an urban growth boundary
shall submit a study of potential climate-friendly areas to the department as provided in OAR
660-012-0315 within 545 days of reaching a population exceeding 10,000. The city or county
shall subsequently adopt land use requirements as provided in OAR 660-012-0315, and climate-
friendly elements to their comprehensive plans within 365 days of the deadline for submittal of
the study of potential climate-friendly areas. The city or county shall maintain sufficient lands
within climate-friendly areas as their population grows, as provided in OAR 660-012-0315. For
cities also subject to OAR 660-008-0045, compliance with this requirement shall be
demonstrated in each Housing Capacity Analysis following the initial designation of climate-
friendly areas. Land use requirements for climate-friendly areas shall be established concurrent
or prior to the adoption of the Housing Capacity Analysis as provided in OAR 660-012-0320.
Counties subject to this rule shall coordinate with cities to address climate-friendly area
requirements within an urban growth boundary.
(5) If a city or county has not designated sufficient climate-friendly areas as provided in this
rule, the commission may:
(a) Initiate periodic review for the city of county to address the requirement; or
(b) Issue an enforcement order to the city or county, consistent with ORS 197.646.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.615, ORS 197.646 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0315
Designation of Climate Friendly Areas
(1) The designation of climate-friendly areas refers to the process of studying potential climate-
friendly areas and adopting land use requirements and climate-friendly elements into
comprehensive plans, as provided in this rule. Cities and counties subject to the requirements
of OAR 660-012-0310 with a population greater than 10,000 shall designate climate-friendly
areas sufficient to accommodate at least 30 percent of the total identified number of housing
units necessary to meet all current and future housing needs by calculating zoned building
capacity as provided in section (2), or using an alternative methodology as provided in OAR 660-
012-0320(10).
(a) A local government may designate one or more climate-friendly areas to accommodate at
least 30 percent of housing units.
Attachment 7, Page 79 of 140
(b) The total number of housing units necessary to meet all current and future housing needs
shall be determined from the local government’s most recently adopted and acknowledged
housing capacity analysis, by adding the total number of existing dwelling units identified in the
buildable land inventory to the anticipated number of future needed housing units over the
planning period of the housing capacity analysis.
(2) Cities and counties subject to section (1) shall calculate the housing unit capacity within
climate-friendly areas, as follows:
(a) Regardless of existing development in a climate-friendly area, determine the potential
square footage of zoned building capacity for each net developable area based on existing or
anticipated development standards within the climate-friendly area, including applicable
setbacks, allowed building heights, open space requirements, on-site parking requirements,
and similar regulations. Within developed areas with no blocks greater than 5.5 acres, analysis
of net developable areas may be conducted for each city block, without regard to property
boundaries within the block. Within areas bounded by streets of 5.5 acres or more, the local
government shall assume the same ratio of total land area to net land area as that which exists
in the most fully developed urban center.
(b) Where the local government has not established a maximum building height, assumed
building height shall be 85 feet. For the purpose of calculating zoned building capacity, cities
and counties may assume the following number of floors within multistory buildings, based on
allowed building heights:
(A) Fifty feet allows for four floors.
(B) Sixty feet allows for five floors.
(C) Eighty-five feet allows for seven floors.
(c) If a local government allows height bonuses above the maximum building heights used for
calculations in subsection (b), the local government may include 25 percent of that additional
zoned building capacity when the bonuses:
(A) Allow building heights above the minimums established in OAR 660-012-0320(8); and,
(B) Allow height bonuses for publicly-subsidized housing serving households with an income of
80 percent or less of the area median household income, or height bonuses for the
construction of accessible dwelling units, as defined in OAR 660-008-0050(4)(a), in excess of
minimum requirements.
(d) Local governments shall assume that residential dwellings will occupy 30 percent of the
zoned building capacity calculated in subsections (a), (b), and (c) within climate-friendly areas.
Attachment 7, Page 80 of 140
Public parks and open space areas within climate-friendly areas that are precluded from
development shall not be included in calculations of zoned building capacity, but may be
counted towards minimum area and dimensional requirements for climate-friendly areas.
Zoning and development standards for public parks and open space areas are exempted from
compliance with the land use requirements in OAR 660-012-0320 if the existing zoning
standards do not allow residential, commercial, or office uses.
(e) Local governments shall assume an average dwelling unit size of 900 square feet. Local
governments shall use the average dwelling unit size to convert the square footage of zoned
residential building capacity calculated in subsection (d) into an estimate of the number of
dwelling units that may be accommodated in the climate-friendly area.
(3) Cities and counties subject to the requirements of OAR 660-012-0310 with a population of
10,000 or less shall designate at least 25 acres of land as climate-friendly area.
(4) Cities and counties must submit a study of potential climate-friendly areas to the
department as provided in this rule. The study of potential climate-friendly areas shall include
the following information:
(a) Maps showing the location and size of all potential climate-friendly areas. Cities and
counties shall use the study process to identify the most promising area or areas to be chosen
as climate-friendly areas but are not required to subsequently adopt and zone each studied
area as a climate-friendly area.
(b) Cities and counties subject to section (1) shall provide preliminary calculations of zoned
residential building capacity and resultant residential dwelling unit capacity within each
potential climate-friendly area consistent with section (2), or using an alternative methodology
as provided in OAR 660-012-0320(10), and using land use requirements within each climate-
friendly area as provided in OAR 660-012-0320. Potential climate-friendly areas must be
cumulatively sized and zoned to accommodate at least 30 percent of the total identified
number of housing units as provided in section (1).
(c) A community engagement plan for the designation of climate-friendly areas, including the
process to adopt associated amendments to the comprehensive plan and zoning code,
consistent with the requirements of OAR 660-012-0120 through 660-012-0130. The community
engagement plan shall be consistent with the requirements for an engagement-focused equity
analysis as provided in OAR 660-012-0135(3).
(d) Analysis of how each potential climate-friendly area complies, or may be brought into
compliance, with the requirements of OAR 660-012-0310(2).
(e) A preliminary evaluation of existing development standards within the potential climate-
friendly area(s) and a general description of any changes necessary to comply with the
requirements of OAR 660-012-0320.
Attachment 7, Page 81 of 140
(f) Plans for achieving fair and equitable housing outcomes within climate-friendly areas, as
identified in OAR 660-008-0050(4)(a)-(f). Analysis of OAR 660-008-0050(4)(f) shall include
analysis of spatial and other data to determine if the rezoning of potential climate-friendly
areas would be likely to displace residents who are members of state and federal protected
classes. The local government shall also identify actions that may be employed to mitigate or
avoid potential displacement.
(5) Cities and counties shall submit climate-friendly area study reports required in section (4).
Following submittal, the department shall review reports as follows:
(a) Within 30 days of receipt of the report, the department shall:
(A) Post a complete copy of the submitted report on the department’s website along with a
statement that any person may file a written comment regarding the submitted report no more
than 21 days after the posting of the report.
(B) Provide notice to persons described under ORS 197.615(3)(a), directing them to the posting
described in paragraph (A) and informing them that they may file a written comment regarding
the submitted report no more than 21 days after the posting of the report.
(b) Within 60 days of posting of the report on the department’s website, the department shall
provide written comments to the local government regarding the report information and the
progress made to identify suitable climate-friendly areas. The department shall also provide the
local government with any written comments submitted by interested persons, as provided in
subsection (a).
(6) Cities and counties must adopt land use requirements as provided in OAR 660-012-0320,
and climate-friendly elements to their comprehensive plans. Adoption of land use requirements
and the climate-friendly element of the comprehensive plan shall include the following:
(a) Cities and counties subject to section (1) shall provide maps showing the location of all
adopted climate-friendly areas, including calculations to demonstrate that climate-friendly
areas contain sufficient zoned residential building capacity to accommodate 30 percent of total
housing units as provided in section (2), or using an alternative methodology as provided in
OAR 660-012-0320(10), and based on adopted land use requirements in these areas as
provided in OAR 660-012-0320. Cities and counties subject to section (3) shall provide maps
showing the location of the adopted climate-friendly area. Local governments subject to (1) or
(3) shall include findings containing the information and analysis required in section (4) for any
climate-friendly areas that were not included in the initial study specified in section (4).
(b) Documentation of the number of total existing dwelling units, accessible dwelling units, and
income-restricted dwelling units within all climate-friendly areas. Where precise data is not
available, local governments may provide estimates based on best available information.
Attachment 7, Page 82 of 140
(c) Documentation that all adopted and applicable land use requirements for climate-friendly
areas are consistent with the provisions of OAR 660-012-0320.
(d) Adoption of a climate-friendly element into the comprehensive plan containing findings and
analysis summarizing the local government climate-friendly area designation decision process
and demonstration of compliance with the provisions of OAR 660-012-0310 through 660-012-
0325. Additionally, adopted findings shall include:
(A) Identification of all ongoing and newly-added housing production strategies the local
government shall use to promote the development of affordable housing in climate-friendly
areas. The local government may use the Housing Production Strategy Guidance for Cities to
review and identify potential strategies, as provided in OAR 660-008-0050(3). These strategies
shall be incorporated into future housing production strategy reports, as provided in OAR
chapter 660, division 8.
(B) Identification of all ongoing and newly-added housing production strategies the local
government shall use to prevent the displacement of members of state and federal protected
classes in climate-friendly areas. Findings shall include a description of how the strategies will
be implemented based on consideration of identified neighborhood typologies and the most
effective measures to prevent displacement based on typology. The local government may use
the Housing Production Strategy Guidance for Cities, along with the department’s “Anti-
Displacement and Gentrification Toolkit” to identify the most effective measures to prevent
displacement based on neighborhood typologies. These strategies shall be incorporated into
future housing production strategy reports, as provided in OAR chapter 660, division 8.
(7) For cities and counties identified in section (1), the information provided in compliance with
subsections (6)(b) and (d) shall provide a basis for subsequent Housing Production Strategy
Reports to assess progress towards fair and equitable housing production goals in climate-
friendly areas, as provided in OAR 660-008-0050(4)(a).
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0320
Land Use Requirements in Climate Friendly Areas
(1) Cities and counties subject to the provisions of OAR 660-012-0310 shall incorporate the
requirements in sections (2) through (7) of this rule into policies and development regulations
that apply in all climate-friendly areas. Cities and counties shall either incorporate the
provisions in section (8) into development regulations for climate-friendly areas, or shall
Attachment 7, Page 83 of 140
demonstrate with adopted findings and analysis that alternative development regulations for
climate-friendly areas will result in equal or higher levels of development in climate-friendly
areas as provided in section (9). If adopting more than one climate-friendly area, a city or
county may demonstrate compliance with either section (8) or section (9) for each climate-
friendly area, provided that all requirements for each respective climate-friendly area are met.
(2) Except as noted in subsection (a) and section (3), development regulations for a climate-
friendly area shall allow single-use and mixed-use development within individual buildings and
development sites, including the following outright permitted uses:
(a) Multifamily residential and attached single-family residential. Other residential building
types may be allowed, subject to compliance with applicable minimum density requirements in
section (8) of this rule, or alternative land use requirements as provided in section (9).
Notwithstanding this section, local governments may require ground floor commercial and
office uses within otherwise single-use multifamily residential buildings.
(b) Office-type uses.
(c) Non-auto dependent retail, services, and other commercial uses.
(d) Child care, schools, and other public uses, including public-serving government facilities.
(3) Portions of abutting residential or employment-oriented zoned areas within a half-mile
walking distance of a mixed-use area zoned as provided in section (1) may count towards
climate-friendly area requirements, if in compliance with subsections (a) or (b).
Notwithstanding existing development, zoned residential building capacity shall be calculated
for the abutting areas based on allowed building heights and existing development standards in
these areas, as provided in OAR 660-012-0315(2) or using an alternative methodology as
provided in OAR 660-012-0320(10). Residential and employment densities for abutting areas
shall correspond to the climate-friendly area type, provided in subsections (8)(a), (b), or (c) or
(9)(a), (b), or (c). If subsections (a) or (b) are met, no changes to existing zoning or development
standards are required for these areas.
(a) Residential areas with minimum residential densities or existing residential development
equal to or greater than the densities provided in section (8); or
(b) Existing employment uses equal to or greater than the number of jobs per acre provided in
section (9).
(4) Local governments shall prioritize locating government facilities that provide direct service
to the public within climate-friendly areas and shall prioritize locating parks, open space, plazas,
and similar public amenities in or near climate-friendly areas that do not contain sufficient
parks, open space, plazas, or similar public amenities. Local governments shall amend
Attachment 7, Page 84 of 140
comprehensive plans to reflect these policies, where necessary. Streetscape requirements in
climate-friendly areas shall include street trees and other landscaping, where feasible.
(5) Local governments shall establish maximum block length standards as provided below. For
the purpose of this rule, a development site consists of the total site area proposed for
development, absent previously dedicated rights-of-way, but including areas where additional
right-of-way dedication may be required.
(a) For development sites less than 5.5 acres in size, a maximum block length of 500 feet or less.
Where block length exceeds 350 feet, a public pedestrian through-block easement shall be
provided to facilitate safe and convenient pedestrian connectivity in climate-friendly areas.
Substantial redevelopment of sites of two acres or more within an existing block that does not
meet the standard shall provide a public pedestrian accessway allowing direct passage through
the development site such that no pedestrian route will exceed 350 feet along any block face.
Local governments may grant exceptions to street and accessway requirements as provided in
OAR 660-012-0330(2).
(b) For development sites of 5.5 acres or more, a maximum block length of 350 feet or less.
Local governments may grant exemptions to street requirements as provided in OAR 660-012-
0330(2).
(6) Development regulations may not include a maximum density limitation.
(7) Local governments shall adopt policies and development regulations in climate-friendly
areas that implement the following:
(a) The transportation review process in OAR 660-012-0325;
(b) The land use requirements as provided in OAR 660-012-0330;
(c) The applicable parking requirements as provided in OAR 660-012-0435; and
(d) The applicable bicycle parking requirements as provided in OAR 660-012-0630.
(8) Local governments shall adopt either the following provisions into development regulations
for climate-friendly areas, or the requirements in section (9). Local governments are not
required to enforce the minimum residential densities below for mixed-use buildings (buildings
that contain residential units, as well as office, commercial, or other non-residential uses) if the
mixed-use buildings meet a minimum floor area ratio of 2.0. A floor area ratio is the ratio of the
gross floor area of all buildings on a development site, excluding areas within buildings that are
dedicated to vehicular parking and circulation, in proportion to the net area of the
development site on which the buildings are located. A floor area ratio of 2.0 would indicate
that the gross floor area of the building was twice the net area of the site. Local governments
are not required to enforce the minimum residential densities below for redevelopment that
Attachment 7, Page 85 of 140
renovates and adds residential units within existing buildings, but that does not add residential
units outside the existing exterior of the building.
(a) Local governments with a population greater than 5,000 up to 25,000 shall adopt the
following development regulations for climate-friendly areas:
(A) A minimum residential density requirement of 15 dwelling units per net acre; and
(B) Maximum building height no less than 50 feet.
(b) Local governments with a population greater than 25,000 up to 50,000 shall adopt the
following development regulations for at least one climate-friendly area with a minimum area
of 25 acres. Additional climate-friendly areas may comply with the following standards or the
standards in subsection (a).
(A) A minimum residential density requirement of 20 dwelling units per net acre; and
(B) Maximum building height no less than 60 feet.
(c) Local governments with a population greater than 50,000 shall adopt the following
development regulations for at least one climate-friendly area with a minimum area of 25
acres. Additional climate-friendly areas may comply with the following standards or the
standards in subsections (a) or (b):
(A) A minimum residential density requirement of 25 dwelling units per net acre; and
(B) Maximum building height no less than 85 feet.
(9) As an alternative to adopting the development regulations in section (8), local governments
may demonstrate with adopted findings and analysis that their adopted development
regulations for climate-friendly areas will provide for equal or higher levels of development in
climate-friendly areas than those allowed per the standards in section (8). Specifically, the local
government must demonstrate that the alternative development regulations will consistently
and expeditiously allow for the levels of development described below:
(a) Local governments with a population greater than 5,000 up to 25,000 shall adopt
development regulations in climate-friendly areas to enable development of at least 20
dwelling units and 20 jobs per net acre.
(b) Local governments with a population greater than 25,000 up to 50,000 shall adopt
development regulations for at least one climate-friendly area of at least 25 acres to enable
development of at least 30 dwelling units and 30 jobs per net acre. Additional climate-friendly
areas may comply with this standard or with the standard in subsection (a).
Attachment 7, Page 86 of 140
(c) Local governments with a population greater than 50,000 shall adopt development
regulations for at least one climate-friendly area of at least 25 acres to enable development of
at least 40 dwelling units and 40 jobs per net acre. Additional climate-friendly areas may
comply with this standard or with the standard in subsections (a) or (b).
(10) A local government may provide an alternative methodology for zoned residential building
capacity calculations that differs from OAR 660-012-0315(2). The methodology must clearly
describe all assumptions and calculation steps, and must demonstrate that the methodology
provides an equal or better system for determining the zoned residential building capacity
sufficient to accommodate at least 30 percent of the total identified number of housing units
necessary to meet all current and future housing needs within climate-friendly areas. The
alternative methodology shall be supported by studies of development activity in the region,
market studies, or similar research and analysis.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0325
Transportation Review in Climate Friendly Areas
(1) Cities or counties shall use this rule to review amendments to comprehensive plans or land
use regulations within a climate-friendly area designated as provided in OAR 660-012-0315 and
in Region 2040 centers designated in Title 6 of Metro’s Urban Growth Management Functional
Plan. Cities and counties shall use this rule to review land use decisions made to implement
OAR 660-012-0310 through OAR 660-012-0320. Cities and counties are exempt from
requirements as provided in OAR 660-012-0060 when reviewing amendments to
comprehensive plans or land use regulations within a designated climate-friendly area and in
Region 2040 centers designated in Title 6 of Metro’s Urban Growth Management Functional
Plan.
(2) Cities and counties making amendments to comprehensive plans or land use regulations to
meet requirements as provided in OAR 660-012-0320 must either:
(a) Update the transportation system plan as provided in OAR 660-012-0105 and include a
multimodal transportation gap summary as provided in section (3) of this rule, considering the
proposed land uses in the climate-friendly area; or
(b) Develop and adopt a multimodal transportation gap summary in coordination with
impacted transportation facility providers and transportation service providers as provided in
section (3) to meet requirements in OAR 660-012-0320.
Attachment 7, Page 87 of 140
(3) A multimodal transportation gap summary must be coordinated between the local
jurisdiction, transportation facility providers, and transportation services providers to consider
multimodal transportation needs in each climate-friendly area as provided in OAR 660-012-
0320 or Region 2040 center. The multimodal transportation gap summary must include:
(a) A summary of the existing multimodal transportation network within the climate-friendly
area;
(b) A summary of the gaps in the pedestrian and bicycle networks in the climate-friendly area,
including gaps needed to be filled for people with disabilities, based on the summary of the
existing multimodal transportation network;
(c) If applicable as provided in section (4), a highway impacts summary as provided in section
(5); and
(d) A list of proposed projects to fill multimodal network gaps identified in subsection (b).
(4) A city or county shall include a highway impacts summary in the multimodal transportation
gap summary if the designated climate-friendly area as provided in OAR 660-012-0315 or
Region 2040 center contains a ramp terminal intersection, state highway, interstate highway, or
adopted ODOT Facility Plan.
(5) A highway impacts summary must identify how the transportation system may be affected
by implementation of the climate-friendly area. The highway impacts summary must include:
(a) A summary of the existing and proposed development capacity of the climate-friendly area
based on the proposed changes to the comprehensive plan and land use regulations;
(b) A summary of the additional motor vehicle traffic generation that may be expected in the
planning period, considering reductions for expected complementary mixed-use development,
additional multimodal options, and assuming meeting goals for reductions in vehicle miles
traveled per capita; and
(c) A summary of traffic-related deaths and serious injuries within the climate-friendly area in
the past five years.
(6) Cities and counties making amendments to adopted land use regulations shall adopt
findings including a highway impacts summary as provided in section (5) if:
(a) A city or county is reviewing a plan amendment within one-quarter mile of a ramp terminal
intersection, adopted Interchange Area Management Plan area, or adopted ODOT Facility Plan
area, or;
Attachment 7, Page 88 of 140
(b) The city or county is reviewing a plan amendment that would be reasonably likely to result
in increasing traffic on the state facility that exceeds the small increase in traffic defined in the
Oregon Highway Plan adopted by the Oregon Transportation Commission.
(7) Cities and counties shall provide notice of proposed adoption of a multimodal
transportation gap summary or a revised highway impacts summary to ODOT and other
affected transportation facility or service providers prior to submitting notice as provided in
OAR 660-018-0020.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.610-197.625, ORS 197.712 & ORS 197.717
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0330
Land Use Requirements
(1) Cities and counties shall implement plans and land use regulations to support compact,
pedestrian-friendly, mixed-use land use development patterns in urban areas. Land use
development patterns must support access by people using pedestrian, bicycle, and public
transportation networks.
(2) Cities and counties may allow exemptions to provisions in this rule when conditions on a site
or class of sites would make those provisions prohibitively costly or impossible to implement.
Cities or counties may adopt land use regulations that provide for exemptions as provided in
this section. Any allowed exemption shall advance the purposes of this rule to the extent
practical. Conditions that may provide for an exemption include, but are not limited to:
(a) Topography or natural features;
(b) Railroads, highways, or other permanent barriers;
(c) Lot or parcel size, orientation, or shape;
(d) Available access;
(e) Existing or nonconforming development;
(f) To provide for accessibility for people with disabilities; or
(g) Other site constraints.
Attachment 7, Page 89 of 140
(3) Cities and counties shall have land use regulations that provide for pedestrian-friendly and
connected neighborhoods. Land use regulations must meet the following requirements for
neighborhood design and access:
(a) Neighborhoods shall be designed with connected networks of streets, paths, accessways,
and other facilities to provide circulation within the neighborhood and pedestrian and bicycle
system connectivity to adjacent districts. A connected street network is desirable for motor
vehicle traffic but may be discontinuous where necessary to limit excessive through-travel, or
to protect a safe environment for walking, using mobility devices, and bicycling in the
neighborhood.
(b) Neighborhoods shall be designed with direct pedestrian access to key destinations identified
in OAR 660-012-0360 via pedestrian facilities.
(c) Cities and counties shall set block length and block perimeter standards at distances that will
provide for pedestrian network connectivity. Cities and counties may allow alleys or public
pedestrian facilities through a block to be used to meet a block length or perimeter standard.
(d) Cities and counties shall set standards to reduce out-of-direction travel for people using the
pedestrian or bicycle networks.
(4) Cities and counties shall have land use regulations in commercial and mixed-use districts
that provide for a compact development pattern, easy ability to walk or use mobility devices,
and allow direct access on the pedestrian, bicycle, and public transportation networks.
Commercial or mixed-use site design land use regulations must meet the following
requirements:
(a) Primary pedestrian entrances to buildings must be oriented to a public pedestrian facility
and be accessible to people with mobility disabilities. An uninterrupted accessway, courtyard,
plaza, or other pedestrian-oriented space must be provided between primary pedestrian
entrances and the public pedestrian facility, except where the entrance opens directly to the
pedestrian facility. All pedestrian entrances must be designed to be barrier-free.
(b) Motor vehicle parking, circulation, access, and loading may be located on site beside or
behind buildings. Motor vehicle parking, circulation, access, and loading must not be located on
site between buildings and public pedestrian facilities. Bicycle parking may be permitted.
(c) On-site accessways must be provided to directly connect key pedestrian entrances to public
pedestrian facilities, to any on-site parking, and to adjacent properties, as applicable.
(d) Any pedestrian entrances facing an on-site parking lot must be secondary to primary
pedestrian entrances as required in this section. Primary pedestrian entrances for uses open to
the public must be open during business hours.
Attachment 7, Page 90 of 140
(e) Large sites must be designed with a connected network of public pedestrian facilities to
meet the requirements of this section.
(f) Development on sites adjacent to a transit stop or station on a priority transit corridor must
be oriented to the transit stop or station. The site design must provide a high level of
pedestrian connectivity and amenities adjacent to the stop or station. If there is inadequate
space in the existing right of way for transit infrastructure, then the infrastructure must be
accommodated on site.
(g) Development standards must be consistent with bicycle parking requirements in OAR 660-
012-0630.
(h) These site design land use regulations need not apply to districts with a predominantly
industrial or agricultural character.
(5) Cities and counties shall have land use regulations in residential neighborhoods that provide
for slow neighborhood streets comfortable for families, efficient and sociable development
patterns, and provide for connectivity within the neighborhood and to adjacent districts. Cities
and counties must adopt land use regulations to meet these objectives, including but not
limited to those related to setbacks, lot size and coverage, building orientation, and access.
(6) Cities and counties shall have land use regulations that ensure auto-oriented land uses are
compatible with a community where it is easy to walk or use a mobility device. Auto-oriented
land uses include uses related to the operation, sale, maintenance, or fueling of motor vehicles,
and uses where the use of a motor vehicle is accessory to the primary use, including drive-
through uses. Land use regulations must meet the following requirements:
(a) Auto-oriented land uses must provide safe and convenient access opportunities for people
walking, using a mobility device, or riding a bicycle. Ease of access to goods and services must
be equivalent to or better than access for people driving a motor vehicle.
(b) Outside of climate-friendly areas, cities and counties may provide for exemptions to this rule
in cases where an auto-oriented land use cannot reasonably meet the standards of this rule.
Standards developed in cases of an exemption must protect pedestrian facilities.
(7) Cities and counties with an urban area over 100,000 in population must have reasonable
land use regulations that allow for development of low-car districts. These districts must be
developed with no-car or low-car streets, where walking or using mobility devices are the
primary methods of travel within the district. Cities and counties must make provisions for
emergency vehicle access and local freight delivery. Low-car districts must be allowed in
locations where residential or mixed-use development is authorized.
Attachment 7, Page 91 of 140
(8) Cities and counties must implement land use regulations to protect transportation facilities,
corridors, and sites for their identified functions. These regulations must include, but are not
limited to:
(a) Access control actions consistent with the function of the transportation facility, including
but not limited to driveway spacing, median control, and signal spacing;
(b) Standards to protect future construction and operation of streets, transitways, paths, and
other transportation facilities;
(c) Standards to protect public use airports as provided in OAR 660-013-0080;
(d) Processes to make a coordinated review of future land use decisions affecting
transportation facilities, corridors, or sites;
(e) Processes to apply conditions to development proposals in order to minimize impacts and
protect transportation facilities, corridors, or sites for all transportation modes;
(f) Regulations to provide notice to public agencies providing transportation facilities and
services, railroads, Metropolitan Planning Organizations, the Oregon Department of
Transportation, and the Oregon Department of Aviation of:
(A) Land use applications that require public hearings;
(B) Subdivision and partition applications;
(C) Other applications that affect private access to roads; and
(D) Other applications within airport noise corridors and imaginary surfaces that affect airport
operations.
(g) Regulations ensuring that amendments to land use designations, densities, and design
standards are consistent with the functions, capacities, and performance standards of facilities
identified in the TSP.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0340
Land Use Assumptions
Attachment 7, Page 92 of 140
(1) Future land use assumptions developed under this rule are for the purposes of
transportation planning. These land use assumptions are distinct from those used to plan for
residential land needs as provided in ORS 197.296.
(2) A city, county, or Metro must develop and adopt future land use assumptions for
transportation planning consistent with this rule when preparing a transportation system plan,
or zoning a climate-friendly area or Region 2040 center as provided in OAR 660-012-0325.
(3) Future land use assumptions must be developed for future years, including but not limited
to the planning horizon year of the transportation system plan, and a common horizon year for
all jurisdictions within the metropolitan area.
(4) Future land use assumptions must be consistent with the most recent final population
forecast as provided in OAR 660-032-0020 or OAR 660-032-0030, as applicable.
(5) Future land use assumptions for transportation planning must assume existing
acknowledged comprehensive plan designations and policies, and existing land use regulations
remaining in force throughout the planning period; except where these designations, policies,
or regulations are superseded by statute or rule. Future land use assumptions must assume
existing acknowledged urban growth boundaries throughout the planning period.
(6) Where applicable, future land use assumptions for transportation planning must allocate
growth assumptions for employment and housing within climate-friendly areas as provided in
OAR 660-012-0320 before allocating growth to other parts of the city or county.
(7) Future land use assumptions must be developed at a sufficient level of detail to understand
where future development is expected.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.296 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0350
Urban Growth Boundary Expansions
(1) A city and county must meet the following requirements prior to undertaking an urban
growth boundary expansion as provided in OAR 660-024-0020(1) or OAR 660-038-0020(13).
(a) The city must have an acknowledged transportation system plan as provided in OAR 660-
012-0100. If the county has responsibility for planning in urban unincorporated areas as
provided in OAR 660-012-0110, the county must also have an acknowledged transportation
system plan for the urban area as provided in OAR 660-012-0100.
Attachment 7, Page 93 of 140
(b) The city must have submitted a major report in the past five years as provided in OAR 660-
012-0900 and have had that report approved by order as provided in OAR 660-012-0915.
(c) The city and county must have designated climate-friendly areas as provided in OAR 660-
012-0315 and must demonstrate compliance with OAR 660-008-0010(2).
(d) The city and county must have adopted land use regulations as provided in OAR 660-012-
0330.
(2) A city and county must meet the following requirements as part of the urban growth
boundary expansion process as provided in OAR 660-024-0020(1) or OAR 660-038-0020(13).
(a) Lands otherwise of the same level of priority category for an urban growth boundary
expansion as provided in OAR 660-024-0067 or OAR 660-038-0170 may be prioritized by
determining the potential level of access to existing urban pedestrian, bicycle, and transit
networks, and the ability of those networks to be extended to the candidate areas for
expansion as part of the evaluation of the boundary location factors of Goal 14.
(b) Transportation system planning assumptions developed to make decisions about an urban
growth boundary expansion must be consistent with performance targets set under OAR 660-
012-0910.
(c) Transportation system planning assumptions developed to make decisions about an urban
growth boundary expansion may not assume the construction of any facility required to be
reviewed as provided in OAR 660-012-0830 if the proposed facility has not been authorized.
(d) The city and county must determine if the designation of additional lands as part of climate-
friendly areas will be required to meet the targets for households within these areas, as
provided in OAR 660-012-0310.
(3) Where an urban growth boundary is intended to follow an existing or planned street, road,
or highway right-of-way, the boundary shall be placed on the rural side of the right-of-way or
planned right-of-way, so that the right-of-way is inside the urban growth boundary.
(4) Cities and counties with areas added to an urban growth boundary after August 17, 2022,
where the requirements of OAR 660-012-0060 are not applied at the time of urban growth
boundary amendment as provided in OAR 660-024-0020 or OAR 660-038-0020, must update
the land use assumptions as provided in OAR 660-012-0340 prior to an update of the
transportation system plan as provided in OAR 660-012-0105.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.712 & ORS 197.798
History:
Attachment 7, Page 94 of 140
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0360
Key Destinations
(1) Cities and counties shall use best available data to identify key destinations for purposes of
coordinated land use and transportation planning. Key destinations are destinations described
in this rule, as well as other destinations determined locally that are expected to attract a
higher than average rate of pedestrian, bicycle, or transit trips.
(2) Key destinations may include, but are not limited to:
(a) Climate-friendly areas;
(b) Pedestrian-oriented commercial areas outside of climate-friendly areas;
(c) Transit stations, stops, and terminals;
(d) Retail and service establishments, including grocery stores;
(e) Child care facilities, schools, and colleges;
(f) Parks, recreation centers, paths, trails, and open spaces;
(g) Farmers markets;
(h) Libraries, government offices, community centers, arts facilities, post offices, social service
centers, and other civic destinations;
(i) Medical or dental clinics and hospitals;
(j) Major employers;
(k) Gyms and health clubs;
(l) Major sports or performance venues; and
(m) Other key destinations determined locally.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
Attachment 7, Page 95 of 140
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0400
Parking Management
(1) OAR 660-012-0400 through OAR 660-012-0450 apply to:
(a) Cities within metropolitan areas; and
(b) Portions of counties in a metropolitan area within an urban growth boundary, where the
population of the unincorporated area within the urban growth boundary is 5,000 or more, and
the area is served with urban water and sanitary services.
(2) Cities and counties shall adopt comprehensive plans and land use regulations that
implement provisions of OAR 660-012-0405 through OAR 660-012-0415.
(3) Cities and counties shall remove parking mandates as directed under OAR 660-012-0420. In
lieu of removing parking mandates, cities and counties may amend their comprehensive plans
and land use regulations to implement the provisions of OAR 660-012-0425, OAR 660-012-
0430, OAR 660-012-0435, OAR 660-012-0440, OAR 660-012-0445, and OAR 660-012-0450.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0405
Parking Regulation Improvements
(1) Cities and counties shall adopt land use regulations as provided in this section:
(a) Designated employee parking areas in new developments shall provide preferential parking
for carpools and vanpools;
(b) Property owners shall be allowed to redevelop any portion of existing off-street parking
areas for bicycle-oriented and transit-oriented facilities, including bicycle parking, bus stops and
pullouts, bus shelters, park and ride stations, and similar facilities; and
(c) In applying subsections (a) and (b), land use regulations must allow property owners to go
below existing mandated minimum parking supply, access for emergency vehicles must be
retained, and adequate parking for truck loading should be considered.
Attachment 7, Page 96 of 140
(2) Cities and counties shall adopt policies and land use regulations that allow and encourage
the conversion of existing underused parking areas to other uses.
(3) Cities and counties shall adopt policies and land use regulations that allow and facilitate
shared parking.
(4) Cities and counties shall adopt land use regulations for any new development that includes
more than one-quarter acre of surface parking on a lot or parcel as provided below:
(a) Developments must provide one of the following:
(A) Installation of solar panels with a generation capacity of at least 0.5 kilowatt per parking
space on the property. Panels may be located anywhere on the property. In lieu of installing
solar panels on site, cities may allow developers to pay $1,500 per parking space in the
development into a city or county fund dedicated to equitable solar or wind energy
development or a fund at the Oregon Department of Energy designated for such purpose;
(B) Actions to comply with OAR 330-135-0010; or
(C) Tree canopy covering at least 50 percent of the parking lot at maturity but no more than 15
years after planting.
(b) Developments must provide street trees along driveways but are not required to provide
them along drive aisles; and
(c) Developments must provide street-like design and features along driveways including curbs,
pedestrian facilities, and buildings built up to pedestrian facilities.
(d) Development of a tree canopy plan under this section shall be done in coordination with the
local electric utility, including pre-design, design, building and maintenance phases.
(e) In providing trees under subsections (a), (b) and (c), the following standards shall be met.
The tree spacing and species planted must be designed to maintain a continuous canopy. Local
codes must provide clear and objective standards to achieve such a canopy. Trees must be
planted and maintained to maximize their root health and chances for survival, including having
ample high-quality soil, space for root growth, and reliable irrigation according to the needs of
the species. Trees should be planted in continuous trenches where possible. The city or county
shall have minimum standards for planting and tree care no lower than 2021 American National
Standards Institute A300 standards, and a process to ensure ongoing compliance with tree
planting and maintenance provisions.
(5) Cities and counties shall establish off-street parking maximums in appropriate locations,
such as downtowns, designated regional or community centers, and transit-oriented
developments.
Attachment 7, Page 97 of 140
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0410
Electric Vehicle Charging
(1) This rule applies to cities within a metropolitan area.
(2) Cities shall ensure new development supports electric vehicle charging pursuant to
amendments to the state building code adopted pursuant to ORS 455.417.
(3) As authorized in ORS 455.417(4), for new multifamily residential buildings with five or more
residential dwelling units, and new mixed-use buildings consisting of privately owned
commercial space and five or more residential dwelling units, cities shall require the provision
of electrical service capacity, as defined in ORS 455.417, to accommodate 40 percent of all
vehicle parking spaces.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.712 & ORS 455.417
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0415
Parking Maximums and Evaluation in More Populous Communities
(1) Cities with populations over 100,000, counties with populations over 100,000 outside city
limits but within the urban growth boundary, and cities with populations over 25,000 within the
Portland Metropolitan Area, shall set parking maximums in climate-friendly areas and in
regional centers and town centers, designated under the Metro Title 6, Centers, Corridors,
Station Communities and Main Streets, Adopted Boundaries map. Those cities and counties
shall also set parking maximums on lots or parcels within the transit corridors and rail stop
areas listed in OAR 660-012-0440.
(a) Parking maximums shall be no higher than 1.2 off-street parking spaces per studio unit and
two off-street parking spaces per non-studio residential unit in a multi-unit development in
climate-friendly areas and within one-half mile walking distance of priority transit corridors.
These maximums shall include visitor parking;
Attachment 7, Page 98 of 140
(b) Parking maximums shall be no higher than five spaces per 1,000 square feet of floor space
for all commercial and retail uses other than automobile sales and repair, eating and drinking
establishments, and entertainment and commercial recreation uses;
(c) For land uses with more than 65,000 square feet of floor area, surface parking may not
consist of more area than the floor area of the building;
(d) In setting parking maximums, cities and counties shall consider setting maximums equal to
or less than 150 percent of parking mandates in their adopted land use regulations in effect as
of January 1, 2020. A city or county that sets a higher parking maximum must adopt findings for
doing so. In no case shall the city or county exceed the limits in subsections (a) through (c) in
climate-friendly areas and for developments on parcels or lots within one-half mile of transit
corridors and three-quarters mile of rail transit stops listed in OAR 660-012-0440; and
(e) Non-surface parking, such as tuck-under parking, underground and subsurface parking, and
parking structures may be exempted from the calculations in this section.
(2) Cities with populations over 200,000 shall, in addition to the requirements in section (1) of
this rule:
(a) Study the use of priced on-street timed parking spaces in those areas subject to OAR 660-
012-0435 or 660-012-0440. This study shall be conducted every three years or more frequently.
Cities shall adjust prices to ensure availability of on-street parking spaces at all hours. This shall
include all spaces in the city paid by minutes, hours, or day but need not include spaces where a
longer-term paid residential permit is required;
(b) Use time limits or pricing to manage on-street parking spaces in an area at least one year
before authorizing any new structured parking on city-owned land including more than 100
spaces in that area after March 31, 2023;
(c) Adopt procedures ensuring prior to approval of construction of additional structured parking
projects of more than 300 parking spaces designed to serve existing uses, developer of that
parking structure must implement transportation demand management strategies for a period
of at least six months designed to shift at least 10 percent of existing vehicle trips ending within
one-quarter mile of the proposed parking structure to other modes; and
(d) Adopt design requirements requiring applicants to demonstrate that the ground floor of
new private and public structured parking that fronts a public street and includes more than
100 parking spaces would be convertible to other uses in the future, other than driveways
needed to access the garage.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
Attachment 7, Page 99 of 140
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0420
Exemption for Communities without Parking Mandates
(1) Cities and counties that adopt land use regulations that do not include parking mandates are
exempt from OAR 660-012-0425 through OAR 660-012-0450.
(2) Cities and counties that retain land use regulations with parking mandates shall conform
with OAR 660-012-0425 through OAR 660-012-0450.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0425
Reducing the Burden of Parking Mandates
(1) This rule applies to cities and counties that:
(a) Are within a metropolitan area; and
(b) Have not adopted land use regulations without parking mandates as provided in OAR 660-
012-0420.
(2) Cities and counties shall adopt and enforce land use regulations as provided in this section:
(a) Garages and carports may not be required for residential developments;
(b) Garage parking spaces shall count towards off-street parking mandates;
(c) Provision of shared parking shall be allowed to meet parking mandates;
(d) Required parking spaces may be provided off-site, within 2,000 feet pedestrian travel of a
site. If any parking is provided on site, required parking for parking for people with disabilities
shall be on site. If all parking is off-site, parking for people with disabilities must be located
within the shortest possible distance of an accessible entrance via an accessible path and no
greater than 200 feet from that entrance;
(e) Parking mandates shall be reduced by one off-street parking space for each three kilowatts
of capacity in solar panels or wind power that will be provided in a development;
Attachment 7, Page 100 of 140
(f) Parking mandates shall be reduced by one off-street parking space for each dedicated car-
sharing parking space in a development. Dedicated car-sharing parking spaces shall count as
spaces for parking mandates;
(g) Parking mandates shall be reduced by two off-street parking spaces for every electric vehicle
charging station provided in a development. Parking spaces that include electric vehicle
charging while an automobile is parked shall count towards parking mandates; and
(h) Parking mandates shall be reduced by one off-street parking space for every two units in a
development above minimum requirements that are fully accessible to people with mobility
disabilities.
(3) Any reductions under section (2) shall be cumulative and not capped.
(4) Cities and counties shall require the parking for multi-family residential units in the areas in
OAR 660-012-0440 be unbundled parking.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0430
Reduction of Parking Mandates for Development Types
(1) This rule applies to cities and counties that:
(a) Are within a metropolitan area; and
(b) Have not adopted land use regulations without parking mandates as provided in OAR 660-
012-0420.
(2) Cities and counties may not require more than one parking space per unit in residential
developments with more than one dwelling unit on a single legally-established property.
(3) Cities and counties may not require parking for the following development types:
(a) Facilities and homes designed to serve people with psychosocial, physical, intellectual or
developmental disabilities, including but not limited to a: residential care facility, residential
training facility, residential treatment facility, residential training home, residential treatment
home, and conversion facility as defined in ORS 443.400;
Attachment 7, Page 101 of 140
(b) Child care facility as defined in ORS 329A.250;
(c) Single-room occupancy housing;
(d) Residential units smaller than 750 square feet;
(e) Affordable housing as defined in OAR 660-039-0010;
(f) Publicly supported housing as defined in ORS 456.250;
(g) Emergency and transitional shelters for people experiencing homelessness; and
(h) Domestic violence shelters.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.712, ORS 329A.250, ORS 443.400 & ORS
456.250
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0435
Parking Reform in Climate Friendly Areas
(1) This rule applies to cities and counties that:
(a) Are within a metropolitan area; and
(b) Have not adopted land use regulations without parking mandates as provided in OAR 660-
012-0420.
(2) Cities and counties shall adopt land use regulations addressing parking mandates in climate-
friendly areas as provided in OAR 660-012-0310. Cities and counties in Metro shall adopt land
use regulations addressing parking mandates in regional centers and town centers designated
under the Metro Title 6, Centers, Corridors, Station Communities and Main Streets, Adopted
Boundaries map. In each such area, cities and counties shall either:
(a) Remove all parking mandates within the area and on parcels in its jurisdiction that include
land within one-quarter mile distance of those areas; or
(b) Manage parking by:
(A) Adopting a parking benefit district with paid on-street parking and some revenues dedicated
to public improvements in the area;
Attachment 7, Page 102 of 140
(B) Adopting land use amendments to require no more than one-half off-street parking space
per dwelling unit in the area; and
(C) Adopting land use regulations without parking mandates for commercial developments.
(3) Cities and counties that opt to retain parking mandates under OAR 660-012-0400 shall
require the parking for multi-family residential units in the areas listed in section (2) be
unbundled parking.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0440
Parking Reform Near Transit Corridors
(1) This rule applies to cities and counties that:
(a) Are within a metropolitan area; and
(b) Have not adopted land use regulations without parking mandates as provided in OAR 660-
012-0420.
(2) Cities and counties may not require parking spaces for developments on a lot or parcel that
includes lands within three-quarters mile of rail transit stops.
(3) Cities and counties may not enforce parking mandates for developments on a lot or parcel
that includes lands within one-half mile of frequent transit corridors, including:
(a) Priority transit corridors designated under OAR 660-012-0710;
(b) Corridors with bus service arriving with a scheduled frequency of at least four times an hour
during peak service; and
(c) Corridors with the most frequent transit route or routes in the community if the scheduled
frequency is at least once per hour during peak service.
(4) Cities and counties may use either walking distance or straight-line distance in measuring
distances in this rule.
Statutory/Other Authority: ORS 197.040
Attachment 7, Page 103 of 140
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0445
Parking Management Alternative Approaches
(1) In lieu of adopting land use regulations without parking mandates under OAR 660-012-0420,
cities and counties shall select and implement either a fair parking policy approach as provided
in subsection (a) or a reduced regulation parking management approach as provided in
subsection (b).
(a) A fair parking policy approach shall include at least three of the following five provisions:
(A) A requirement that parking spaces for each residential unit in developments that include
five or more leased or sold residential units on a lot or parcel be unbundled parking. Cities and
counties may exempt townhouse and rowhouse development from this requirement;
(B) A requirement that parking spaces serving leased commercial developments be unbundled
parking;
(C) A requirement for employers of 50 or more employees who provide free or subsidized
parking to their employees at the workplace provide a flexible commute benefit of $50 per
month or the fair market value of that parking, whichever is greater, to those employees
eligible for that free or subsidized parking who regularly commute via other modes instead of
using that parking;
(D) A tax on the revenue from commercial parking lots collecting no less than 10 percent of
income, with revenues dedicated to improving transportation alternatives to drive-alone travel;
and
(E) A reduction of parking mandates for new multifamily residential development to no higher
than one-half spaces per unit, including visitor parking.
(b) A reduced regulation parking management approach shall include all of the following:
(A) A repeal of all parking mandates within one-half mile pedestrian travel of climate-friendly
areas;
(B) A repeal of parking mandates for transit-oriented development and mixed-use
development;
Attachment 7, Page 104 of 140
(C) A repeal of parking mandates for group quarters, including but not limited to dormitories,
religious group quarters, adult care facilities, retirement homes, and other congregate housing;
(D) A repeal of parking mandates for studio apartments, one-bedroom apartments and
condominiums in residential developments of five or more units on a lot or parcel;
(E) A repeal of parking mandates for change of use of, or redevelopment of, buildings vacant for
more than two years. Cities and counties may require registration of a building as vacant two
years prior to the waiving of parking mandates;
(F) A repeal of requirements to provide additional parking for change of use or redevelopment;
(G) A repeal of parking mandates for expansion of existing businesses by less than 30 percent of
a building footprint;
(H) A repeal of parking mandates for buildings within a National Historic District, on the
National Register of Historic Places, or on a local inventory of historic resources or buildings;
(I) A repeal of parking mandates for commercial properties that have fewer than ten on-site
employees or 3,000 square feet floor space;
(J) A repeal of parking mandates for developments built under the Oregon Residential Reach
Code;
(K) A repeal of parking mandates for developments seeking certification under any Leadership
in Energy and Environmental Design (LEED) rating system, as evidenced by either proof of pre-
certification or registration and submittal of a complete scorecard;
(L) A repeal of parking mandates for schools;
(M) A repeal of parking mandates for bars and taverns;
(N) Setting parking maximums consistent with OAR 660-012-0415(1), notwithstanding
populations listed in that section; and
(O) Designation of at least one residential parking district or parking benefit district where on-
street parking is managed through permits, payments, or time limits.
(2) Cities and counties may change their selection between subsections (1)(a) and (b) at any
time.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
Attachment 7, Page 105 of 140
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0450
Parking Management in More Populous Communities
(1) Cities with populations over 100,000 shall either:
(a) Adopt land use regulations without parking mandates; or
(b) Price at least 10 percent of on-street parking spaces, and report the percentage of on-street
parking spaces that are priced as provided in OAR 660-012-0900. Residential parking permits
priced at lower than $15 per month, 50 cents per day per space, or equivalent amounts do not
count towards this total.
(2) Cities may change their selection made between subsections (1)(a) or (b) at any time.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0500
Pedestrian System Planning
(1) Transportation system plans must include a pedestrian system element that meets the
requirements of this rule. For the purposes of this division, the pedestrian system is intended to
serve people walking and those using mobility devices or other devices that operate at a similar
speed and scale as people walking. The pedestrian system is intended to serve most short trips
under one mile in cities.
(2) A pedestrian system element must include the following elements:
(a) The complete pedestrian system as described in section (3) of this rule that includes the full
buildout of the pedestrian system within the urban growth boundary;
(b) Identification of gaps and deficiencies in the pedestrian system as described in section (4);
(c) Locations of key pedestrian destinations identified as provided in OAR 660-012-0360; and
(d) A list of prioritized pedestrian system projects developed as provided in OAR 660-012-0520.
Attachment 7, Page 106 of 140
(3) The complete pedestrian system is the full buildout of a complete pedestrian system within
the planning area. A city or county determines the complete pedestrian system plan by:
(a) Using the pedestrian system inventory developed under OAR 660-012-0505 as a base;
(b) Adding the minimum pedestrian facilities to places that do not presently meet the minimum
pedestrian system requirements in OAR 660-012-0510; and
(c) Adding enhanced facilities above the minimum pedestrian system requirements where the
city or county finds that enhanced facilities are necessary or desirable to meet the goals of the
jurisdiction’s comprehensive plan.
(4) Cities and counties shall identify gaps and deficiencies in the pedestrian system by
comparing the complete pedestrian system plan with the pedestrian system inventory
developed under OAR 660-012-0505. Cities or counties must include any part of the complete
pedestrian system not presently built to the standard in the complete pedestrian system plan
as a gap or deficiency.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0505
Pedestrian System Inventory
(1) Pedestrian system inventories must include information on pedestrian facilities and street
crossings for all areas within climate-friendly areas, within Metro Region 2040 centers, within
one-quarter mile of all schools, and along all arterials and collectors. Pedestrian system
inventories should include information on pedestrian facilities and street crossings for all areas
within the planning area.
(a) Inventories of pedestrian facilities must include information on width and condition.
(b) Inventories of street crossings must include crossing distances, the type of crossing, closed
crossings, curb ramps, and distance between crossings.
(2) Pedestrian system inventories must include the crash risk factors of inventoried pedestrian
facilities, including but not limited to speed, volume, and roadway width. Pedestrian system
inventories must also include the location of all reported injuries and deaths of people walking
or using a mobility device. This must include all reported incidents from the most recent five
years of available data prior to the year of adoption of the pedestrian system inventory.
Attachment 7, Page 107 of 140
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0510
Pedestrian System Requirements
(1) This rule describes the minimum planned pedestrian facilities that must be included in
plans. Cities and counties may choose to exceed the requirements in this rule.
(2) Pedestrian facility owners must design, build, and maintain pedestrian facilities to allow
comfortable travel for all people, including people with disabilities.
(3) All streets and highways, other than expressways, shall have pedestrian facilities, as
provided in ORS 366.514.
(a) Pedestrian facilities must be planned for both sides of each street.
(b) Cities shall plan for enhanced pedestrian facilities such as wide, protected sidewalks and
pedestrian zones, such as plazas, in the following contexts:
(A) Along high volume or high-speed streets;
(B) In climate-friendly areas and Metro Region 2040 centers;
(C) In areas with concentrations of underserved populations.
(c) A substantial portion of the right-of-way in climate-friendly areas and Metro Region 2040
centers must be dedicated to pedestrian uses, including but not limited to sidewalks,
pedestrian plazas, and protective buffers.
(d) Cities shall plan for enhanced tree canopy and other infrastructure that uses natural and
living materials in pedestrian spaces in climate-friendly areas, Metro Region 2040 centers, and
areas with concentrations of underserved populations.
(4) Off-street multi-use paths must be designed to permit comfortable joint or separated use
for people walking, using mobility devices, and cycling. Separated areas for higher speeds and
low speeds shall be provided when there is high anticipated use of the path.
(5) Enhanced crossings are pedestrian facilities to cross streets or highways that provide a high
level of safety and priority to people crossing the street. Enhanced crossings must have
Attachment 7, Page 108 of 140
adequate nighttime illumination to see pedestrians from all vehicular approaches. Enhanced
crossings must be provided, at minimum, in the following locations:
(a) Closely spaced along arterial streets in climate-friendly areas and Metro Region 2040
centers;
(b) Near transit stops on local access priority arterial segments, or collector streets in a climate-
friendly area or Metro Region 2040 center, or on a priority transit corridor;
(c) At off-street path crossings; and
(d) In areas with concentrations of underserved populations.
(6) Cities may take exemptions to the requirements in this rule through findings in the
transportation system plan, for each location where an exemption is desired, for the following
reasons:
(a) A city may plan for a pedestrian facility on one side of local streets in locations where
topography or other barriers would make it difficult to build a pedestrian facility on the other
side of the street, or where existing and planned land uses make it unnecessary to provide
pedestrian access to the other side of the street. Street crossings must be provided near each
end of sections where there is a pedestrian facility on only one side of the street.
(b) A city or county may plan for no dedicated pedestrian facilities on very slow speed local
streets that are sufficiently narrow, and carry little or no vehicular traffic, so that pedestrians
are the primary users of the street.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.712 & ORS 366.514
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0520
Pedestrian System Projects
(1) Cities and counties shall develop a list of pedestrian system projects that would address all
the gaps and deficiencies in the pedestrian system identified by the city under OAR 660-012-
0500(4).
(2) Cities and counties shall develop pedestrian project prioritization factors that are able to
sort the list of pedestrian system projects into a prioritized list of pedestrian system projects.
Cities must develop pedestrian project prioritization factors by engaging underserved
populations as provided in OAR 660-012-0130.
Attachment 7, Page 109 of 140
(3) Cities and counties shall use the following factors when prioritizing pedestrian system
projects:
(a) Pedestrian system investments in climate-friendly areas and Metro Region 2040 centers;
(b) Pedestrian system investments in areas with concentrations of underserved populations;
(c) Pedestrian system investments in areas with pedestrian safety risk factors such as roadways
with high speeds and high traffic volumes;
(d) Pedestrian system investments in areas with reported crashes involving pedestrian serious
injuries and deaths;
(e) Pedestrian system investments that provide access to key pedestrian destinations identified
as provided in OAR 660-012-0360;
(f) Pedestrian system investments that will connect to, fill gaps in, and expand the existing
pedestrian network;
(g) Pedestrian system investments that prioritize pedestrian travel consistent with the
prioritization factors in OAR 660-012-0155; and
(h) Where applicable, pedestrian system investments that implement a scenario plan approved
by order as provided in OAR 660-044-0120.
(4) The transportation system plan must include a description of the prioritization factors and
method of prioritizing pedestrian projects used to develop the prioritized list of pedestrian
system projects.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0600
Bicycle System Planning
(1) Transportation system plans must include a bicycle system element that meets the
requirements of this rule. The bicycle system must be designed to provide safe and comfortable
routes for a range of users and abilities. For the purposes of this division, the bicycle system is
intended to serve people riding bicycles and other vehicles that operate at a similar speed and
Attachment 7, Page 110 of 140
scale to people riding bicycles. These vehicles include, but are not limited to: electric bicycles,
kick-style and electric scooters, and skateboards; and do not include motorcycles.
(2) A bicycle system element must include the following elements:
(a) The complete bicycle system as described in section (3) that includes the full buildout of the
bicycle system within the urban growth boundary;
(b) Identification of gaps and deficiencies in the bicycle system as described in section (4);
(c) Locations of key bicycle destinations identified as provided in OAR 660-012-0360; and
(d) A list of prioritized bicycle system projects developed as provided in OAR 660-012-0620.
(3) The complete bicycle system is the full buildout of a complete bicycle system within the
planning area. A city or county determines the complete bicycle system plan by:
(a) Using the bicycle system inventory developed under OAR 660-012-0605 as a base;
(b) Adding the minimum bicycle facilities to places that do not presently meet the minimum
bicycle system requirements in OAR 660-012-0610; and
(c) Adding enhanced facilities above the minimum bicycle system requirements where the city
or county finds that enhanced facilities are necessary or desirable to meet the goals of the
jurisdiction’s comprehensive plan.
(4) Cities and counties shall identify gaps and deficiencies in the bicycle system by comparing
the complete bicycle system with the bicycle system inventory developed under OAR 660-012-
0605. Cities must include any part of the complete bicycle system not presently built to the
standard in the complete bicycle plan as a gap or deficiency.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0605
Bicycle System Inventory
(1) Bicycle system inventories must include information on bicycle lanes, bicycle routes,
accessways, paths, and other types of bicycle facilities, including pedestrian facilities that may
be used by bicycles. Inventories must include information on width, type, and condition.
Attachment 7, Page 111 of 140
(2) Bicycle system inventories must include information on bicycle facilities of all types within
climate-friendly areas, within Metro Region 2040 centers, within one-quarter mile of all
schools, on bicycle boulevards, and along all arterials and collectors. Bicycle system inventories
should include information on bicycle facilities and street crossings for all areas within the
planning area.
(3) Bicycle system inventories must include the crash risk factors of inventoried bicycle facilities,
including but not limited to speed, volume, separation, and roadway width. Bicycle system
inventories must also include the location of all reported injuries and deaths of people on
bicycles. This must include all reported incidents from the most recent five years of available
data prior to the year of adoption of the bicycle system inventory.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0610
Bicycle System Requirements
(1) This rule describes the minimum planned bicycle facilities that must be included in plans.
Cities or counties may choose to exceed the requirements in this rule.
(2) Cities and counties shall plan for a connected network of bicycle facilities that provides a
safe, low stress, direct, and comfortable experience for people of all ages and abilities. All ages
and abilities includes:
(a) School-age children;
(b) People over 65 years of age;
(c) Women;
(d) People of color;
(e) Low-income riders;
(f) People with disabilities;
(g) People moving goods, cargo, or other people; and
(h) People using shared mobility services.
Attachment 7, Page 112 of 140
(3) A connected network is comprised of both the ability to access key destinations within a
community and enough coverage of safe and comfortable facilities to ensure most people
within the community can travel by bicycle.
(a) Cities and counties must design the connected network to connect to key destinations
identified as provided in OAR 660-012-0360, and to and within each climate-friendly area or
Metro Region 2040 center.
(b) Cities and counties must design the connected network to permit most residents of the
planning area to access the connected network with an emphasis on mitigating uncomfortable
or unsafe facilities or crossings.
(c) The connected network shall consist of connected bicycle facilities including, but not limited
to, separated and protected bicycle facilities, bicycle boulevards, and multi-use or bicycle paths.
The connected network must include a series of interconnected bicycle facilities and provide
direct routes to key destinations. Cities and counties must design comfortable and convenient
crossings of streets with high volumes of traffic or high-speed traffic.
(4) Cities and counties shall plan and design bicycle facilities considering the context of adjacent
motor vehicle facilities and land uses.
(a) Cities and counties must design bicycle facilities with higher levels of separation or
protection along streets that have higher volumes or speeds of traffic.
(b) Cities and counties must plan for separated or protected bicycle facilities on streets in
climate-friendly areas, Metro Region 2040 centers, and other places with a concentration of
destinations. Separated or protected bicycle facilities may not be necessary on streets with very
low levels of motor vehicle traffic or where a high-quality parallel bicycle facility on the
connected network exists within one block.
(c) Cities and counties must identify locations with existing bicycle facilities along high traffic or
high-speed streets where the existing facility is not protected or separated, or parallel facilities
do not exist. Cities and counties must plan for a transition to appropriate facilities in these
locations.
(5) Cities and counties shall adopt standards for bicycle system planning and facilities that will
result in a safe, low stress, and comfortable experience for people of all ages and abilities. In
adopting standards, cities and counties may use one or more of the following:
(a) The Urban Bikeway Design Guide, second edition, published by the National Association of
City Transportation Officials;
(b) Designing for All Ages & Abilities, December 2017, published by the National Association of
City Transportation Officials; and
Attachment 7, Page 113 of 140
(c) For state facilities, The Blueprint for Urban Design, 2019, published by the Oregon
Department of Transportation.
(6) Cities and counties shall use the transportation prioritization framework in OAR 660-012-
0155 when making decisions about bicycle facilities.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0620
Bicycle System Projects
(1) Cities and counties shall develop a list of bicycle system projects that would address all the
gaps and deficiencies in the bicycle system identified by the city under OAR 660-012-0600(4).
(2) Cities and counties shall develop bicycle project prioritization factors that are able to sort
the list of bicycle system projects into a prioritized list of bicycle system projects. Cities must
develop bicycle project prioritization factors by engaging underserved populations as provided
in OAR 660-012-0130.
(3) Cities and counties shall use the following factors when prioritizing bicycle system projects:
(a) Bicycle system investments in climate-friendly areas and Metro Region 2040 centers;
(b) Bicycle system investments in areas with concentrations of underserved populations;
(c) Bicycle system investments in areas with safety risk factors such as roadways with high
speeds and high traffic volumes;
(d) Bicycle system investments in areas with reported crashes involving serious injuries and
deaths to people riding bicycles;
(e) Bicycle system investments that provide access to key bicycle destinations identified as
provided in OAR 660-012-0360;
(f) Bicycle system investments system investments that will connect to, fill gaps in, and expand
the existing bicycle system network;
(g) Bicycle system investments that prioritize bicycle travel consistent with the prioritization
factors in OAR 660-012-0155; and
Attachment 7, Page 114 of 140
(h) Where applicable, bicycle system investments that implement a scenario plan approved by
order as provided in OAR 660-044-0120.
(4) The transportation system plan must include a description of the prioritization factors and
method of prioritizing bicycle projects used to develop the prioritized list of bicycle system
projects.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0630
Bicycle Parking
(1) Cities and counties shall require and plan for adequate parking to meet the increasing need
for travel by bicycle and other small-scale mobility devices.
(2) Cities and counties shall require covered, secure bicycle parking for all new multifamily
development or mixed-use development of four residential units or more, and new office and
institutional developments. Such bicycle parking must include at least one bicycle parking space
for each residential unit.
(3) Cities and counties shall require bicycle parking for all new retail development. Such bicycle
parking shall be located within a short distance from the main retail entrance.
(4) Cities and counties shall require bicycle parking for all major transit stations and park-and-
ride lots.
(5) Cities and counties shall require bicycle parking in climate-friendly areas, Metro Region 2040
centers, and near key destinations identified as provided in OAR 660-012-0360.
(6) Cities and counties shall allow and provide for parking and ancillary facilities for shared
bicycles or other small-scale mobility devices in climate-friendly areas, Metro Region 2040
centers, and near key destinations identified as provided in OAR 660-012-0360.
(7) Cities and counties shall require bicycle parking for any land use where off-street motor
vehicle parking is mandated. The minimum number of bicycle parking spaces shall be no less
than the greater of:
(a) Twice the number of mandated motor vehicle parking spaces, raised to the power of 0.7,
rounded to the next highest whole number; or
Attachment 7, Page 115 of 140
(b) As otherwise provided in this rule.
(8) Cities and counties shall ensure that all bicycle parking provided must:
(a) Allow ways to secure at least two points on a bicycle;
(b) Be installed in a manner to allow space for the bicycle to be maneuvered to a position
where it may be secured without conflicts from other parked bicycles, walls, or other
obstructions;
(c) Be in a location that is convenient and well-lit; and
(d) Include sufficient bicycle parking spaces to accommodate large bicycles, including family and
cargo bicycles.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0700
Public Transportation System Planning
(1) Transportation system plans must include a public transportation system element that
meets the requirements of this rule. Cities and counties must work in close cooperation with
transit service providers in order to complete the public transportation system element of the
transportation system plan.
(a) Cities and counties shall coordinate with public transportation service providers to develop
the public transportation system plan element.
(b) The public transportation system plan element must include elements of the public
transportation system that are in the control of the city, county, and coordinating
transportation facility owners.
(c) The public transportation system plan element must identify elements of the public
transportation system that the city or county will work with transit service providers to realize
or improve, including transit priority corridors, transit supportive infrastructure, and stop
amenities.
Attachment 7, Page 116 of 140
(d) Cities and counties must align the public transportation system plan transit element with
Transit Development Plans, goals, and other strategic planning documents developed by a
transit service provider.
(e) Transportation system plans do not control public transportation elements exclusively
controlled by transit service providers. These include funding or details of transit service
provision, including timetables and routing.
(2) A public transportation system element must include the following elements:
(a) The complete public transportation system as described in section (3) that includes the full
buildout and provision of services of the public transportation system within the urban growth
boundary;
(b) Identification of gaps and deficiencies in the public transportation system as described in
section (4);
(c) Locations of key public transportation destinations identified as provided in OAR 660-012-
0360; and
(d) A list of prioritized public transportation system projects developed as provided in OAR 660-
012-0720.
(3) The complete public transportation system is the full buildout of a complete public
transportation system within the planning area. The city or county determines the complete
public transportation system plan by:
(a) Using the public transportation system inventory developed under OAR 660-012-0705 as a
base; and
(b) Adding the minimum public transportation services and facilities to places that do not
presently meet the minimum public transportation system requirements in OAR 660-012-0710.
(4) Cities and counties shall identify gaps and deficiencies in the public transportation system by
comparing the complete public transportation system with the public transportation system
inventory developed under OAR 660-012-0705. Cities and counties must include any part of the
complete public transportation system not presently built or operated to the standards in the
complete public transportation system plan as a gap or deficiency. Cities and counties must
identify gaps in the transit supportive facilities provided on priority transit corridors and other
transit corridors identified as provided in OAR 660-012-0710. Transit supportive facilities
include, but are not limited to:
(a) Stations, hubs, stops, shelters, signs, and ancillary features; and
Attachment 7, Page 117 of 140
(b) Transit priority infrastructure, including signals, queue jumps, and semi-exclusive or
exclusive bus lanes or transitways.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0705
Public Transportation System Inventory
(1) The public transportation system inventory must include information on local and intercity
transit services, including the location of routes, major stations, transit stops, transitways,
transit lanes, transit priority signals, queue jumps, on-route charging, and other transit
supportive facilities not otherwise inventoried. The inventory must document which services
and facilities are accessible for people with disabilities based on the requirements in the
Americans with Disabilities Act, or locally adopted higher standards.
(2) The public transportation system inventory must include the identification of existing
service characteristics, including frequency and span of service for all services along identified
transit priority corridors, serving key destinations, and serving major transit stations.
(3) Where local or intercity transit services travel outside of the planning area to other cities,
the public transportation system inventory must include the identification of routes connecting
to the next nearest cities with a population exceeding 9,000, as well as key destinations and
major stations these routes serve.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0710
Public Transportation System Requirements
(1) Cities and counties shall plan for a connected local transit network that serves key
destinations identified as provided in OAR 660-012-0360, and can be accessed by housing and
jobs within the planning area. Cities must identify transit corridors, including:
(a) Priority transit corridors, which are transit corridors that are planned for the highest levels
of regional transit service providing for a wide range of mobility needs; and
Attachment 7, Page 118 of 140
(b) Other transit corridors, which are planned to carry at least a moderate level of transit
service providing for basic mobility needs.
(2) Cities and counties shall plan for a range of transit supportive facilities along priority transit
corridors and in other locations where transit priority is desired. Cities and counties shall:
(a) Coordinate with transit service providers to determine transit priority infrastructure needed
on priority transit routes for efficient transit service;
(b) Prioritize expedited access for transit vehicles to and from major stops, stations, and
terminals; and
(c) Consider intercity transit access to stations or terminals.
(3) Cities and counties shall plan for safe and accessible transit stops and stations.
(a) Along priority transit corridors and other locations where transit priority is desired, cities
and counties shall coordinate with transit service providers on the construction of transit
supportive facilities. Cities and counties shall allow transit service providers to construct
amenities at stops outright, with limited permitting requirements. These amenities include but
are not limited to: pedestrian facility repair and extension, signage, lighting, benches, and
shelters.
(b) Cities and counties shall limit on-street parking at transit stop locations at the request of a
transit service provider.
(4) Cities and counties shall coordinate with transit service providers to identify needs for
intercity transit services at a level appropriate to the size of the urban area and the size and
distance of intercity markets.
(5) Cities and counties shall coordinate with transit service providers to identify gaps in transit
service provided in the transportation system plan, and gaps for each priority transit corridor
and other transit corridors.
(6) Cities and counties with an urban area of less than 10,000 population need not plan for
priority transit corridors.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
Attachment 7, Page 119 of 140
660-012-0720
Public Transportation System Projects
(1) Cities and counties shall develop a list of public transportation projects that would address
all the gaps and deficiencies in the public transportation system identified by the city under
OAR 660-012-0700(4).
(2) Cities and counties shall coordinate with transit service providers to identify the gaps in
transit service provided in the transportation system plan and those identified in a land use and
transportation scenario plan as provided in OAR 660-044-0110 or in the Statewide
Transportation Strategy as adopted by the Oregon Transportation Commission, including the
gap in transit miles per capita, and gaps for each priority transit corridor and other transit
corridors. The purpose of identifying these gaps is to illustrate the need for transit service
operating funds for services operated within the planning area. The transportation system plan
need not make provisions for funding operations of transit services directly.
(3) Cities and counties shall develop public transportation system project prioritization factors
that are able to sort the list of public transportation system projects into a prioritized list of
public transportation system projects. Cities must develop public transportation project
prioritization factors by engaging underserved populations as provided in OAR 660-012-0130.
(4) Cities and counties shall use the following factors when prioritizing public transportation
system projects:
(a) Public transportation system investments in climate-friendly areas and Metro Region 2040
centers;
(b) Public transportation system investments in areas with concentrations of underserved
populations, particularly in areas with concentrations of people dependent on public
transportation;
(c) Public transportation system investments that provide access to key public transportation
destinations identified as provided in OAR 660-012-0360;
(d) Public transportation system investments that will connect to, fill gaps in, and expand the
existing public transportation network;
(e) Public transportation system investments that prioritize transit travel consistent with the
prioritization factors in OAR 660-012-0155; and
(f) Where applicable, public transportation system investments that implement a scenario plan
approved by order as provided in OAR 660-044-0120.
Attachment 7, Page 120 of 140
(5) The transportation system plan must include a description of the prioritization factors and
method of prioritizing public transportation projects used to develop the prioritized list of
public transportation projects.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0800
Street and Highway System Planning
(1) Transportation system plans must include a street and highway system element that meet
the requirements of this rule.
(2) A street and highway system element must include the following elements:
(a) The complete street and highway system as described in section (3) that includes the full
buildout of the street and highway system within the urban growth boundary.
(b) Identification of gaps or deficiencies in the street and highway system as described in
section (4);
(c) Locations of key destinations identified as provided in OAR 660-012-0360; and
(d) A list of prioritized street and highway system projects developed as provided in OAR 660-
012-0820.
(3) The complete street and highway system is the full buildout of a complete street and
highway system within the planning area. A city determines the ultimate street and highway
system plan by:
(a) Using the street and highway system inventory developed under OAR 660-012-0805 as a
base;
(b) Adding the minimum street and highway facilities to places that do not presently meet the
minimum street and highway system requirements in OAR 660-012-0810; and
(c) Accommodating the reallocation of right of way on facilities where this is deemed necessary
as provided in this division.
(4) Cities and counties shall identify gaps and deficiencies in the street and highway system by
comparing the complete street and highway system with the street and highway system
Attachment 7, Page 121 of 140
inventory developed under OAR 660-012-0805. Cities must include any part of the complete
street and highway system not presently built to the standard in the ultimate street and
highway plan as a gap or deficiency.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0805
Street and Highway System Inventory
(1) Street and highway system inventories must include information on all streets and
highways, including the functional classification of each facility.
(a) For local streets, inventories must include location.
(b) For collector streets, inventories must include location, condition, and number of general-
purpose travel lanes, and turn lanes.
(c) For arterial streets, inventories must include location, condition, and number of general-
purpose travel lanes, turn lanes, and lane width.
(d) For expressways and other limited-access highways, inventories must include location,
condition, number of general-purpose travel lanes, and lane width. Inventories must also
include locations and type of interchanges.
(2) Street and highway system inventories must include the location of all reported serious
injuries and deaths of people related to vehicular crashes. This must include all reported
incidents from the most recent five years of available data prior to the year of adoption of the
street and highway system inventory.
(3) Street and highway system inventories must include an overview of pricing strategies in use,
including specific facility pricing, area or cordon pricing, and parking pricing. Inventories must
include pricing mechanisms and rates.
(4) Street and highway system inventories must include the location of designated freight
routes, and the location of all key freight terminals within the planning area, including
intermodal terminals.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
Attachment 7, Page 122 of 140
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0810
Street and Highway System Requirements
(1) Cities and counties shall plan, design, build, and maintain a connected streets and highway
network in a manner that respects the prioritization factors in OAR 660-012-0155.
(a) Cities and counties shall plan streets and highways for the minimum size necessary for the
identified function, land use context, and expected users of the facility.
(b) Cities and counties shall consider and reduce excessive standards for local streets and
accessways in order to reduce the cost of construction, increase safety, provide for more
efficient use of urban land, provide for emergency vehicle access while discouraging
inappropriate traffic volumes and speeds, provide for utility placement, and support connected
and safe pedestrian and bicycle networks.
(c) Cities and counties shall plan for an equitable allocation of right-of-way consistent with the
prioritization factors as provided in OAR 660-012-0155. Streets in climate-friendly areas, Metro
Region 2040 centers, and along priority transit corridors must be designed to prioritize
pedestrian, bicycle, and transit systems, as provided in OAR 660-012-0510, OAR 660-012-0610,
and OAR 660-012-0710.
(2) Cities and counties shall plan local streets to provide local access to property and localized
circulation within neighborhoods.
(a) Cities and counties shall plan and design local streets for low and safe travel speeds
compatible with shared pedestrian and bicycle use.
(b) Cities and counties shall establish standards for local streets with pavement width and right-
of-way width as narrow as practical to meet needs, reduce the cost of construction, efficiently
use urban land, discourage inappropriate traffic volumes and speeds, improve safety, and
accommodate convenient pedestrian and bicycle circulation. Local street standards adopted by
a city or county must be developed as provided in ORS 368.039. A local street standard where
the paved width is no more than 28 feet on streets where on-street parking is permitted on
both sides of the street shall be considered adequate to meet this requirement. Wider
standards may be adopted if the local government makes findings that the wider standard is
necessary.
(c) Cities and counties shall plan and design a complete and connected network of local streets.
Cities and counties may plan for chicanes, diverters, or other strategies or devices in local street
networks where needed to prevent excessive speed or through travel. These measures must
continue to provide for connected and pedestrian and bicycle networks.
Attachment 7, Page 123 of 140
(d) Cities and counties shall avoid planning or designing local streets with a dead end. Dead end
local streets may be permitted in locations with topographic or other barriers, or where the
street is planned to continue to a connected network in the future.
(e) Cities and counties shall plan for multimodal travel on local streets as provided in OAR 660-
012-0510, OAR 660-012-0610, and OAR 660-012-0710. Cities and counties must plan local
streets in climate-friendly areas and Metro Region 2040 centers to prioritize pedestrian and
bicycle systems, and be limited to local access for motor vehicles.
(f) A city or county may plan for local streets to be wider than otherwise allowed in this rule
when used exclusively for access to industrial or commercial properties outside of climate-
friendly areas or Metro Region 2040 centers, and where plans do not allow residential or
mixed-use development.
(g) Transportation system plans need not include the specific location of all planned local
streets but must describe areas where they will be necessary.
(3) Cities and counties shall plan collector streets to provide access to property and collect and
distribute traffic between local streets and arterials. Cities and counties must plan and design a
collector street network that is complete and connected with local streets and arterials.
(a) Cities and counties must plan for multimodal travel on collector streets as provided in OAR
660-012-0510, OAR 660-012-0610, and OAR 660-012-0710.
(b) Cities and counties must plan collectors in climate-friendly areas and Metro Region 2040
centers to prioritize pedestrian, bicycle, and public transportation systems.
(4) Cities and counties shall plan arterial streets and highways to provide travel between
neighborhoods and across urban areas. Cities and counties must plan an arterial street network
that is complete and connected with local streets and collectors.
(a) Cities and counties shall designate each segment of an arterial as one of the three categories
below in the transportation system plan. These designations must be made considering the
intended function, the land use context, and the expected users of the facility. Cities and
counties must address these considerations to ensure local plans include different street
standards for each category of arterial segment.
(A) Cities and counties shall plan for local access priority arterial segments to prioritize access to
property and connected streets when balancing needs on the facility. Local access priority
arterial segments will generally allow for more access locations from property, more
opportunities to make turns, more frequent intersections with other streets, and slower
speeds.
Attachment 7, Page 124 of 140
(B) Cities and counties shall plan for through movement priority arterial segments to prioritize
through movement of traffic when balancing needs on the facility. Through movement priority
arterial segments will generally prioritize access limited to intersections with the street
network, limited access to individual properties, and safe speeds.
(C) Cities and counties shall plan for arterial segments in a climate-friendly area to prioritize
multimodal travel as provided in subsection (b). This includes prioritizing complete, connected,
and safe pedestrian, bicycle, and public transportation facilities.
(b) Cities and counties shall plan for multimodal travel on or along arterial streets as provided in
OAR 660-012-0510, OAR 660-012-0610, and OAR 660-012-0710.
(A) Cities and counties shall plan arterials in climate-friendly areas to prioritize pedestrian,
bicycle, and public transportation systems.
(B) Cities and counties shall plan arterials along transit priority corridors to prioritize transit
service reliability and frequency over general-purpose traffic.
(5) Cities and counties shall carefully consider new or expanded freeways considering goals for
reductions in vehicle miles traveled per capita.
(a) Cities and counties shall consider high-occupancy vehicle lanes, including transit lanes, and
managed priced lanes on freeways.
(b) Pedestrian and bicycle facilities should be parallel to freeways, rather than on them. Transit
facilities on or along freeways must be designed for direct transit vehicle access.
(6) Notwithstanding other provisions of this rule, where appropriate, cities and counties shall
plan and design streets and highways to accommodate:
(a) Transit vehicles on a segment of a priority transit corridor or transit corridor without
dedicated transit lanes or transitway.
(b) Freight travel on designated freight routes and key freight terminals inventoried as provided
in OAR 660-012-0805.
(c) Agricultural equipment on streets or highways connecting to agriculturally zoned land used
for agricultural purposes where equipment access is necessary.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.712 & ORS 368.039
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
Attachment 7, Page 125 of 140
660-012-0820
Street and Highway Projects
(1) Cities and counties shall develop a list of street and highway system projects that would
address the gaps and deficiencies in the street and highway system.
(2) Cities and counties shall develop street and highway project prioritization factors that are
able to sort the list of street and highway system projects into a prioritized list of street and
highway system projects. Cities must develop street and highway project prioritization factors
by engaging underserved populations as provided in OAR 660-012-0130.
(3) Cities and counties shall use the following factors when prioritizing street and highway
system projects:
(a) Street and highway investments that reallocate right-of-way from facilities dedicated to
moving motor vehicles to those for use by the pedestrian, bicycle, and public transportation
systems, particularly:
(A) In climate-friendly areas and Metro Region 2040 centers;
(B) In areas with concentrations of underserved populations; and
(C) In areas with reported serious injuries and deaths.
(b) Street and highway system investments that will fill gaps in the existing street network;
(c) Street and highway system investments consistent with the prioritization factors in OAR 660-
012-0155;
(d) Street and highway system investments that will help meet the performance targets set as
provided in OAR 660-012-0910; and
(e) Street and highway system investments consistent with a scenario plan approved by order
as provided in OAR 660-044-0120.
(4) The transportation system plan must include a description of the prioritization factors and
method of prioritizing street and highway projects used to develop the prioritized list of street
and highway system projects.
(5) Cities or counties choosing to include a proposed facility requiring authorization as provided
in OAR 660-012-0830 in the transportation system plan must first meet the requirements
provided in OAR 660-012-0830.
Statutory/Other Authority: ORS 197.040
Attachment 7, Page 126 of 140
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0830
Enhanced Review of Select Roadway Projects
(1) Cities and counties shall review and may authorize certain proposed facilities to be included
as a planned project or unconstrained project in any part of the local comprehensive plan,
including the transportation system plan.
(a) The following types of proposed facilities must be reviewed as provided in this rule:
(A) A new or extended arterial street, highway, freeway, or bridge carrying general purpose
vehicle traffic;
(B) New or expanded interchanges;
(C) An increase in the number of general purpose travel lanes for any existing arterial or
collector street, highway, or freeway; and
(D) New or extended auxiliary lanes with a total length of one-half mile or more. Auxiliary lane
means the portion of the roadway adjoining the traveled way for speed change, turning,
weaving, truck climbing, maneuvering of entering and leaving traffic, and other purposes
supplementary to through-traffic movement.
(b) Notwithstanding any provision in subsection (a), the following proposed facilities need not
be reviewed or authorized as provided in this rule:
(A) Changes expected to have a capital cost of less than $5 million;
(B) Changes that reallocate or dedicate right of way to provide more space for pedestrian,
bicycle, transit, or high-occupancy vehicle facilities;
(C) Facilities with no more than one general purpose travel lane in each direction, with or
without one turn lane;
(D) Changes to intersections that do not increase the number of lanes, including
implementation of a roundabout;
(E) Access management, including the addition or extension of medians;
(F) Modifications necessary to address safety needs; or
Attachment 7, Page 127 of 140
(G) Operational changes, including changes to signals, signage, striping, surfacing, or intelligent
transportation systems.
(c) To retain a proposed facility that is included in an existing acknowledged plan adopted as
provided in OAR 660-012-0015, a city or county shall review that facility under this rule at the
time of a major update to its transportation system plan.
(2) Cities and counties choosing to authorize a proposed facility as provided in this rule shall:
(a) Initiate the authorization process through action of the governing body of the city or county;
(b) Include the authorization process as part of an update to a transportation system plan to
meet the requirements as provided in OAR 660-012-0100, or have an existing acknowledged
transportation system plan meeting these requirements;
(c) Have met all applicable reporting requirements as provided in OAR 660-012-0900;
(d) Designate the project limits and characteristics of the proposed facility, including length,
number of lanes, or other key features;
(e) Designate a facility impact area and determine affected jurisdictions as provided in section
(3);
(f) Conduct an engagement-focused equity analysis of the proposed facility as provided in OAR
660-012-0135;
(g) Develop a public involvement strategy as provided in section (4);
(h) Conduct an alternatives review as provided in sections (5) and (6);
(i) Choose to move forward with an authorization report as provided in section (7);
(j) Complete an authorization report as provided in section (8); and
(k) Publish the authorization report as provided in section (9).
(3) A city or county designating a facility impact area and determining affected jurisdictions
shall:
(a) Coordinate with all cities and counties with planning jurisdictions within two miles of the
limits of the proposed facility to determine the extent of the facility impact area;
Attachment 7, Page 128 of 140
(b) Review the extent of the impact of the proposed facility by including all areas where
implementation of the proposed facility is expected to change levels or patterns of traffic or
otherwise change the transportation system or land use development patterns;
(c) Take particular care when reviewing the facility impact area in places with concentrations of
underserved populations. The city or county must consider the special impact of new facilities
in the context of historic patterns of discrimination, disinvestment, and harmful investments;
(d) Designate a facility impact area to include, at minimum, areas within one mile of the
proposed facility; and
(e) Determine affected jurisdictions by including all cities or counties with planning jurisdictions
in the designated facility impact area.
(4) A city or county developing a public involvement strategy shall, in coordination with affected
jurisdictions:
(a) Develop the public involvement strategy as provided in OAR 660-012-0130.
(b) Require that the public involvement strategy provides for opportunities for meaningful
public participation in decision-making over the course of the authorization process;
(c) Require that the public involvement strategy includes regular reports to the affected
governing bodies, planning commissions, and the public on the progress of the authorization
process; and
(d) Coordinate the public involvement strategy with other public involvement activities that
may be concurrent, including updates to a transportation system plan or authorizations for
other proposed facilities.
(5) A city or county choosing to undertake an alternatives review shall, in coordination with
affected jurisdictions:
(a) Have designated the facility impact area, determined affected jurisdictions, transit service
providers, and transportation options providers; and developed a public consultation strategy
as provided in this rule;
(b) Develop a summary of the expected impacts of the proposed facility on underserved
populations identified as provided in OAR 660-012-0125, particularly, but not exclusively, in
neighborhoods with concentrations of underserved populations. These impacts must include,
but are not limited to, additional household costs, and changes in the ability to access jobs and
services without the use of a motor vehicle;
Attachment 7, Page 129 of 140
(c) Develop a summary of the estimated additional motor vehicle travel per capita that is
expected to be induced by implementation of the proposed facility over the first 20 years of
service, using best available science;
(d) Investigate alternatives to the proposed facility, as provided in subsections (e) through (h).
Cities and counties must use a planning level of analysis, and make use of existing plans and
available data as much as practical;
(e) Investigate alternatives to the proposed facility through investments in the pedestrian and
bicycle systems. The city or county must:
(A) Review the transportation system plan for identified gaps and deficiencies in pedestrian and
bicycle facilities within the facility impact area;
(B) Determine how much of the need for the proposed facility may be met through enhanced
investments in the pedestrian and bicycle networks;
(C) Identify pedestrian and bicycle system investments that could contribute to meeting the
identified need which do not require implementation of the proposed facility; and
(D) Identify pedestrian and bicycle system investments that could contribute to meeting the
identified need which may be implemented without the proposed facility, and may be retained
if the proposed facility is implemented.
(f) Investigate alternatives to the proposed facility through investments in the public
transportation system. The city or county must:
(A) Review the transportation system plan for identified gaps and deficiencies in public
transportation facilities and services within the facility impact area;
(B) Coordinate with transit service providers to identify opportunities for providing additional
transit service within or to the facility impact area; and
(C) Identify potential transit facility and service investments that contribute to meeting the
identified need which may be implemented without the proposed facility.
(g) Investigate alternatives to the proposed facility through investments in transportation
options programs; or other means to reduce demand for motor vehicle travel. The city or
county must:
(A) Review the transportation system plan for identified existing and needed transportation
demand management services within the facility impact area;
Attachment 7, Page 130 of 140
(B) Coordinate with transportation options providers to identify opportunities for providing
transportation demand management services in and around the facility impact area; and
(C) Identify potential transportation options program investments that contribute to meeting
the identified need which may be implemented without the proposed facility.
(h) Investigate alternatives to the proposed facility that include system pricing. The city or
county must:
(A) Determine if various types of pricing could substantially reduce the need for the proposed
facility;
(B) Investigate a range of pricing methods appropriate for the facility type and need, which may
include, but are not limited to: parking pricing, tolling, facility pricing, cordon pricing, or
congestion pricing; and
(C) Identify pricing methods where it is reasonably expected to meet the need for the facility,
may reasonably be implemented, and can be expected to generate sufficient revenue to cover
the costs of operating the collection apparatus.
(6) A city or county completing an alternatives review must, in coordination with affected
jurisdictions:
(a) Review the projects identified in section (5) to determine sets of investments that may be
made that could substantially meet the need for the proposed facility without implementation
of the proposed facility. A city or county must consider adopted state, regional, and local
targets for reduction of vehicle miles traveled to reduce greenhouse gas emissions when
making determinations of substantially meeting the need for the proposed facility; and
(b) Complete an alternatives review report upon completion of the alternatives review phase.
The alternatives review report must include a description of the effectiveness of identified
alternatives. The alternatives review report must include the summaries developed in
subsections (5)(b) and (c). The alternatives review report must be provided to the public, and
the governing bodies and planning commissions of each affected city or county. The
alternatives review report must also be included in the next annual report to the director as
provided in OAR 660-012-0900.
(7) The governing body of the city or county shall review the alternatives review report and may
either:
(a) Select a set of investments reviewed in the alternatives review report intended to
substantially meet the identified need for the proposed facility. These investments may be
added to the unconstrained project list of the transportation system plan as provided in OAR
660-012-0170; or
Attachment 7, Page 131 of 140
(b) Choose to complete the authorization report for the proposed facility, as provided in section
(8).
(8) A city or county choosing to complete an authorization report as provided in section (7)
shall, after completion of the alternatives review, include the following within the authorization
report:
(a) A record of the initiation of the authorization process by the governing body;
(b) The public involvement strategy developed as provided in section (4), and how each part of
the public involvement strategy was met;
(c) The alternatives review report;
(d) A summary of the estimated additional long-term costs of maintaining the proposed facility,
including expected funding sources and responsible transportation facility operator.
(9) A city or county shall publish the authorization report upon completion and provide it to the
public and governing bodies of each affected jurisdiction.
(10) A city or county, having completed and published an authorization report, may place the
proposed project on the list of street and highway system projects with other projects as
provided in OAR 660-012-0820. A proposed project authorized as provided in this rule may
remain on a project list in the transportation system plan as long there are no significant
changes to the proposed project or the land use context as described in the authorization
report.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.712 & ORS 468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0900
Reporting
(1) Cities and counties outside of the planning area of Metro shall report annually on progress
toward meeting the requirements in division 44 and this division.
(2) Metro shall prepare a report annually on progress toward meeting the requirements in
division 44 and this division. Cities and counties within the planning area of Metro shall
coordinate with Metro and provide information to Metro. Cities and counties within the
Attachment 7, Page 132 of 140
planning area of Metro are not required to report directly to the department as provided in this
rule.
(3) Cities, counties, and Metro shall submit the report to the director no later than May 31 of
each year for the report for the previous calendar year.
(4) The director shall provide for a method of submission. The director shall review reports as
provided in OAR 660-012-0915.
(5) Cities, counties, and Metro shall submit either a minor report, as provided in section (6), or a
major report, as provided in section (7), each year.
(a) Minor reports shall be submitted each year where a major report is not submitted.
(b) Major reports shall be submitted for each year that the metropolitan planning organization
representing the city or county approved a regional transportation plan as provided in 23 CFR §
450.324.
(6) A minor report must include the following information:
(a) A narrative summary of the state of coordinated land use and transportation planning in the
planning area over the reporting year, including any relevant activities or projects undertaken
or planned by the city or county;
(b) The planning horizon date of the acknowledged transportation system plan, a summary of
any amendments made to the transportation system plan over the reporting year, and a
forecast of planning activities over the near future that may include amendments to the
transportation system plan;
(c) Copies of reports made in the reporting year for progress towards centering the voices of
underserved populations in processes at all levels of decision-making as provided in OAR 660-
012-0130 and a summary of any equity analyses conducted as provided in OAR 660-012-0135;
and
(d) Any alternatives reviews undertaken as provided in OAR 660-012-0830, including those
underway or completed.
(7) A major report must include the following information:
(a) All information required in a minor report as provided in section (6);
(b) For reporting cities and counties:
Attachment 7, Page 133 of 140
(A) A description of what immediate actions the city or county has considered to be taken to
reduce greenhouse gas emissions as provided in ORS 184.899(2); and
(B) A description of the consultations with the metropolitan planning organization on how the
regional transportation plan could be altered to reduce greenhouse gas emissions as provided
in ORS 184.899(2).
(c) Reporting for each regional and local performance measures as provided in OAR 660-012-
0905 or OAR 660-044-0110 including:
(A) Baseline data;
(B) Baseline projections of expected outcomes from acknowledged plans;
(C) An assessment of whether the city, county, or Metro has met or is on track to meet each
performance target for each reporting year between the base year and planning horizon year
set as provided in OAR 660-012-0910;
(D) For any performance targets that were not met, a proposal for the corrective actions that
will be taken to meet the performance target by the next major report;
(E) An assessment of whether the reporting city or county has adopted local amendments to
implement the approved land use and transportation scenario plan as provided in OAR 660-
044-0130;
(F) For any amendments to implement the approved land use and transportation scenario plan
as provided in OAR 660-044-0130 that have not yet been adopted, a proposal for the corrective
actions that will be taken to adopt the amendments; and
(G) The status of any corrective actions identified in prior reports.
(8) Upon a written request for an exemption submitted to the department prior to the due date
of a report, the director may grant a city or county an exemption to a requirement to include
any required element of a report under sections (6) or (7) when the director determines that
the requestor has established that collection and reporting of the information would not be
possible or would place an undue burden on the city or county.
(9) Counties need only report for those portions of the county within an urban growth
boundary inside the metropolitan area. A county may jointly report with a city for the entire
urban growth area of the city.
(10) Reports as provided by this rule are not land use decisions.
Statutory/Other Authority: ORS 197.040
Attachment 7, Page 134 of 140
Statutes/Other Implemented: ORS 184.899, ORS 197.012, ORS 197.301, ORS 197.712 & ORS
468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0905
Land Use and Transportation Performance Measures
(1) Cities, counties, and Metro that have a land use and transportation scenario approved by
the commission as provided in OAR 660-044-0050 or OAR 660-044-0120 shall report on the
performance measures from the approved regional scenario plan.
(2) Cities and counties that do not have a land use and transportation scenario approved by the
commission as provided in OAR 660-044-0120 shall report on the specific actions, including
capital improvements and the adoption of policies or programs that they have or will undertake
to reduce pollution and increase equitable outcomes for underserved populations. At a
minimum, this report must include the following performance measures:
(a) Compact Mixed-use Development
(A) Number of publicly supported affordable housing units in climate-friendly areas.
(B) Number of existing and permitted dwelling units in climate-friendly areas and percentage of
existing and permitted dwelling units in climate-friendly areas relative to total number of
existing and permitted dwelling units in the jurisdiction.
(C) Share of retail and service jobs in climate-friendly areas relative to retail and service jobs in
the jurisdiction.
(b) Active Transportation
(A) Percent of collector and arterials streets in climate-friendly areas and underserved
population neighborhoods with bicycle and pedestrian facilities with Level of Traffic Stress 1 or
2.
(B) Percent of collector and arterial roadways in climate-friendly areas and underserved
population neighborhoods with safe and convenient marked pedestrian crossings.
(C) Percent of transit stops with safe pedestrian crossings within 100 feet.
(c) Transportation Options
(A) Number of employees covered by an Employee Commute Options Program.
Attachment 7, Page 135 of 140
(B) Number of households engaged with Transportation Options activities.
(C) Percent of all Transportation Options activities that were focused on underserved
population communities.
(d) Transit
(A) Share of households within one-half mile of a priority transit corridor.
(B) Share of low-income households within one-half mile of a priority transit corridor.
(C) Share of key destinations within one-half mile of a priority transit corridor.
(e) Parking Costs and Management: Average daily public parking fees in climate-friendly areas.
(f) Transportation System
(A) Vehicle miles traveled per capita.
(B) Percent of jurisdiction transportation budget spent in climate-friendly areas and
underserved population neighborhoods.
(C) Share of investments that support modes of transportation with low pollution.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.712 & ORS 468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0910
Land Use and Transportation Performance Targets
(1) Cities and counties must set performance targets for each reporting year for each
performance measure provided in OAR 660-044-0110 and OAR 660-012-0905 in their local
transportation system plan. Performance targets for the performance measures provided in
OAR 660-012-0905 must be set at levels that are reasonably likely to achieve the regional
performance targets from an approved land use and transportation scenario plan as provided in
OAR 660-044-0110 or the regional performance targets from the Statewide Transportation
Strategy as adopted by the Oregon Transportation Commission.
Attachment 7, Page 136 of 140
(2) Cities and counties that have a land use and transportation scenario approved by the
commission as provided in OAR 660-044-0120 must set targets for equity performance
measures in a transportation system plan as provided in OAR 660-044-0110(9)(c).
(3) Cities and counties shall set performance targets in any major update to their transportation
system plan as provided in OAR 660-012-0105. If a city or county has not yet set targets and is
submitting a major report as provided in OAR 660-012-0900(7), then the city or county shall set
performance targets through a minor update to their transportation system plan.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 184.899, ORS 197.012, ORS 197.712 & ORS 468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0915
Review of Reports
(1) Upon receipt of a submitted minor report as provided in OAR 660-012-0900(6):
(a) The director shall make a preliminary determination of completeness within 30 calendar
days of receipt and shall notify the submitter of any missing items required under OAR 660-012-
0900(6) that is not subject to an exemption under OAR 660-012-0900(8).
(b) The submitter must submit information to the department within 30 days of the director’s
notification under subsection (a), unless the submitter requests, and the director grants, an
extension of time to submit the missing information, for a period not to exceed 90 additional
days.
(c) If the submitter does not submit the missing information within the time allotted by the
director, the director may refer the report for a compliance hearing as provided in OAR 660-
012-0920.
(d) Once a minor report submitted as provided in OAR 660-012-0900(6) is determined to be
complete, the director shall post the minor report on the department website and send notice
of approval to the submitter.
(2) Upon receipt of a submitted major report as provided in OAR 660-012-0900(7);
(a) The director shall make a preliminary determination of completeness within 30 calendar
days of receipt and shall notify the submitter of any missing items required under OAR 660-012-
0900(7) that is not subject to an exemption under OAR 660-012-0900(8).
Attachment 7, Page 137 of 140
(b) The submitter must submit information to the department within 30 days of the director’s
notification under subsection (a), unless the submitter requests, and the director grants, an
extension of time to submit the missing information, for a period not to exceed 90 additional
days. If the submitter does not submit additional information, the director shall proceed with
review of the submission as provided in sections (3) and (4).
(c) If the director does not notify the submitter of missing items within 30 days of submittal, the
director shall proceed with review of the submission as provided in sections (3) and (4).
(3) Upon completion of the process in section (2), the director shall:
(a) Post a complete copy of the major report on the department’s website along with the
alternative findings the director may make in section (4), and a statement that any person may
file a written comment regarding the submitted report no more than 21 days after the posting
of the report.
(b) Provide notice to persons described under ORS 197.615(3)(a), directing them to the posting
described in subsection (a) and informing them that they may file a written comment regarding
the submitted report no more than 21 days after the posting of the report.
(4) Within 60 days of completion of the process in section (2), the director shall;
(a) Find that the submitter has met the performance targets set as provided in OAR 660-012-
0910, and has adopted local amendments to implement any approved land use and
transportation scenario plan as provided in OAR 660-044-0130;
(b) Find that the submitter has proposed adequate corrective actions to address any
performance targets that were not met and adequate to meet any performance targets set as
provided in OAR 660-012-0910;
(c) Find that the submitter has not met a performance target set as provided in OAR 660-012-
0910 and has proposed inadequate corrective actions; or
(d) Find that the submitter has not implemented an approved land use and transportation
scenario plan as provided in OAR 660-044-0130 and proposed inadequate corrective actions.
(5) If the director makes findings described in subsections (4)(a) or (b);
(a) The director shall issue an order approving the report. The department shall post an
approval order on a public website and send notice to the submitter, and persons who provided
written comment under section (3). The order must include information on the process to
appeal the director’s order as described in this rule.
Attachment 7, Page 138 of 140
(b) A person who has provided written comment under section (3) may appeal the director’s
order to the commission. An appeal is valid only if the appeal clearly identifies a deficiency in
the submitted report based on the requirements of this division on issues raised in the written
comments.
(c) The director shall determine if the appeal filed is valid, and the director’s determination of
validity is final.
(d) If no valid appeals are filed in response to the director’s order, the order is final.
(e) If any valid appeals are filed in response to the director’s order, then the director shall refer
the report for a compliance hearing as provided in OAR 660-012-0920.
(6) If the director makes findings described in subsections (4)(c) or (d), then the director shall
refer the report for a compliance hearing as provided in OAR 660-012-0920.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012, ORS 197.615 & ORS 197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0920
Compliance Hearings
(1) The commission shall hold a compliance hearing in response to referral from the director at
its next regularly scheduled meeting that is at least 30 days after the referral.
(2) The commission may hold a compliance hearing on its own motion or in response to an
allegation that a city, county, or Metro has:
(a) Missed a deadline in this division;
(b) Missed a deadline in OAR 660-044-0015;
(c) Failed to implement corrective actions required by this division; or
(d) Failed to comply with a requirement in this division.
(3) The department shall post notice of a compliance hearing on a public website and send
notice to the parties.
(4) At the compliance hearing the commission shall:
Attachment 7, Page 139 of 140
(a) Consider the director’s written and oral report; and
(b) Consider oral testimony and written testimony provided at least 14 days prior to the hearing
from a city, a county, or Metro and any persons who provided written comment as provided in
OAR 660-012-0915(3)(b).
(5) The commission may evaluate the compliance of the cities and counties within a
metropolitan area in a collective evaluation, or the commission may evaluate the compliance of
an individual city or county separately.
(6) If the commission finds that a report meets the requirements of this division, or that the
city, county, or Metro is in compliance with the requirements of this division, then the
commission shall issue an order of approval.
(7) If the commission finds a city, a county, or Metro out of compliance with the requirements
of this division, the commission may use any authority granted to commission, including but not
limited to the actions below.
(a) Issue an order to remand a report with specific directions for changes necessary to comply
with this division;
(b) Issue an enforcement order as provided in ORS 197.319 through 197.335;
(c) Issue an order to invalidate the acknowledgement of local transportation system plans that
are not consistent with an approved Land use and Transportation Scenario Plan; and
(d) Provide notice to the Oregon Department of Transportation and the United States
Department of Transportation of the lack of compliance with state planning requirements.
(8) The director shall mail the order to all parties.
(9) A commission order under this rule may be reviewed as provided in ORS 183.484 for orders
in other than a contested case. Reports and orders as provided in this rule are not land use
decisions.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 183.484, ORS 197.012, ORS 197.319-ORS 197.335 & ORS
197.712
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
Attachment 7, Page 140 of 140
Department of Land Conservation and Development
Chapter 660
Division 44
METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS
660-044-0000
Purpose
(1) This division implements Oregon Land Use Planning Goal 12 (Transportation) and the state
goal in ORS 468A.205 to reduce greenhouse gas emissions. The purpose of this division is to
significantly, and as rapidly as possible, reduce climate pollutants that are causing climate
disruption.
(2) Cities, counties, metropolitan planning organizations, and the Metropolitan Service District
serving the Portland metro area (Metro) are encouraged to take actions beyond the minimum
requirements of this division to rapidly make large reductions in pollution.
(3) This division requires cities, counties, and Metro to change transportation and land use
plans to significantly reduce pollution from light vehicles. This division places specific
requirements on Metro in recognition of its unique status in Oregon. This division also requires
cities and counties within other metropolitan regions to work together to prepare a preferred
land use and transportation scenario that describes a future set of desired transportation
facilities, alternative future land use patterns, and policies that will reduce greenhouse gas
pollution from light vehicles. This division requires the cities and counties within a metropolitan
area to prepare a transportation and land use scenario plan that defines and implements a
preferred scenario, identifies performance measures for tracking progress, and works to not
only avoid or mitigate any impacts to underserved populations, but to improve outcomes for
these communities over time.
(4) This division aims to reduce inequities for underserved populations. The land use and
transportation scenario planning process and the local implementation process must prioritize
underserved populations so that the actions that reduce pollution also reduce the historic
inequities from prior transportation and land use development.
Statutory/Other Authority: ORS 197.040, Ch 865 OL 2009 (HB 2001) § 37(6) and (8) & Ch 85 OL
2010 Special Session (SB 1059) § 5
Statutes/Other Implemented: Ch 865 OL 2009 (HB 2001) § 37(6) and (8) & Ch 85 OL 2010
Special Session (SB 1059) § 5
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17
LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13
Attachment 8, Page 1 of 23
LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
660-044-0005
Definitions
For the purposes of this division, the definitions in ORS 197.015 and the statewide planning
goals apply. In addition, the following definitions shall apply:
(1) “Climate Friendly Area” has the meaning provided in OAR 660-012-0005(10).
(2) “Community-based conversations” means accessible and inclusive community meetings
held for areas with above-average concentrations of underserved community members.
(3) “Design type” means the conceptual areas described in the Metro Growth Concept text and
map in the Metro regional framework plan, including central city, regional centers, town
centers, station communities, corridors, main streets, neighborhoods, industrial areas and
employment areas.
(4) “Equitable outcomes” has the meaning provided in OAR 660-012-0005(14).
(5) “Framework plan” or “regional framework plan” means the plan adopted by Metro as
defined by ORS 197.015(16).
(6) “Functional plan” or “regional functional plan” means an ordinance adopted by Metro to
implement the regional framework plan through city and county comprehensive plans and land
use regulations.
(7) “Greenhouse gas” has the meaning given in ORS 468A.210. Greenhouse gases are measured
in terms of carbon dioxide equivalents, which means the quantity of a given greenhouse gas
multiplied by a global warming potential factor consistent with a state-approved emissions
reporting method.
(8) “Greenhouse gas emissions reduction target” or “target” means a reduction from 2005
emission levels of per capita greenhouse gas emissions from travel in light vehicles. Targets are
the reductions beyond reductions in emissions that are likely to result from the use of improved
vehicle technologies and fuels. Travel in light vehicles includes all travel by members of
households or university group quarters living within a metropolitan area regardless of where
the travel occurs, and local commercial vehicle travel that is a function of household labor or
demand regardless of where the travel occurs. Examples include commuting to work, going to
school, going shopping, traveling for recreation, delivery vehicles, service vehicles, travel to
business meetings, and travel to jobsites.
(9) “Land use and transportation scenario planning” means the preparation and evaluation by
local governments of two or more land use and transportation scenarios and the cooperative
Attachment 8, Page 2 of 23
selection of a preferred land use and transportation scenario that accommodates planned
population and employment growth while achieving a reduction in greenhouse gas emissions
from light vehicle travel in the metropolitan area and an increase in equitable outcomes for
underserved community members. Land use and transportation scenario planning may include
preparation and evaluation of alternative scenarios that do not meet targets specified in this
division.
(10) “Light vehicles” means motor vehicles with a gross vehicle weight rating of 10,000 pounds
or less.
(11) “Metro” means the metropolitan service district organized for the Portland metropolitan
area under ORS chapter 268.
(12) “Metropolitan planning area” or “metropolitan area” means lands within the planning area
boundary of a metropolitan planning organization.
(13) “Metropolitan planning organization” means an organization located wholly within the
State of Oregon and designated by the Governor to coordinate transportation planning in an
urbanized area of the state pursuant to 49 USC § 5303(c). The Longview-Kelso-Rainier
metropolitan planning organization and the Walla Walla Valley metropolitan planning
organization are not metropolitan planning organizations for the purposes of this division.
(14) “Planning period” means the period of time over which the expected outcomes of a
scenario plan are estimated, measured from a 2005 base year, to a future year that
corresponds with greenhouse gas emission targets set forth in this division.
(15) “Preferred land use and transportation scenario” means a plan for a metropolitan area that
achieves the targets for reducing greenhouse gas emissions set forth in OAR 660-044-0020 and
660-0440-0025 as provided in OAR 660-044-0040 and 660-044-0110.
(16) "Underserved Populations” has the meaning provided in OAR 660-012-0125(2).
(17) “Vehicle Miles Traveled” has the meaning provided in OAR 660-012-0005(59).
(18) “Statewide Transportation Strategy” means the statewide strategy adopted by the Oregon
Transportation Commission as part of the state transportation policy to aid in achieving the
greenhouse gas emissions reduction goals set forth in ORS 468A.205 as provided in Oregon
Laws 2010, chapter 85, section 2.
Statutory/Other Authority: ORS 197.040, Ch 865 OL 2009 (HB 2001) § 37(6) and (8) & Ch 85 OL
2010 Special Session (SB 1059) § 5
Statutes/Other Implemented: Ch 865 OL 2009 (HB 2001) § 37(6) and (8) & Ch 85 OL 2010
Special Session (SB 1059) § 5
History:
Attachment 8, Page 3 of 23
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17
LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13
LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
660-044-0015
Applicability - Compliance Schedule
(1) OAR 660-044-0000 through OAR 660-044-0020, OAR 660-044-030, and OAR 660-044-0040
through OAR 660-044-0060 of this division apply to Metro. OAR 660-044-0055 applies to the
cities and counties within Metro.
(2) OAR 660-044-0000 through 660-044-0015, OAR 660-044-0025 through 660-044-0030, and
OAR 660-044-0100 through 660-044-0130 of this division apply to the cities and counties within
the metropolitan planning area of the Central Lane Metropolitan Planning Organization as
provided in subsections (a) and (b).
(a) These cities and counties must:
(A) Submit a work program containing all of the elements provided in OAR 660-044-0100 to the
department for review under section (4) by June 30, 2023;
(B) Prepare a land use and transportation scenario plan as provided in OAR 660-044-0110 and
submit it for review by the commission as provided in OAR 660-044-0120 by December 31,
2023 or another date in the approved work program;
(C) Adopt local amendments as provided in OAR 660-044-0130 by December 31, 2026, or other
date in the approved work program.
(b) These cities and counties may use the preferred scenario submitted to the commission and
legislature in 2015 as required by Oregon Laws 2010, chapter 865, as the basis for the land use
and transportation scenario plan. If these cities and counties use the preferred scenario from
2015, then they:
(A) Are neither required to redo the prior work that produced the preferred scenario, nor
comply with requirements of OAR 660-044-0110 specific to the preferred scenario.
(B) Are required to produce only the additional elements that build on the preferred scenario to
prepare a complete transportation and land use scenario plan, as provided in OAR 660-044-
0110(3) and 660-044-0110(9) through (10).
(3) OAR 660-044-0000 through 660-044-0015, OAR 660-044-0025 through 660-044-0030, and
OAR 660-044-0100 through 660-044-0130 of this division apply to the cities and counties within
Attachment 8, Page 4 of 23
the metropolitan planning area of the Salem-Keizer Area Transportation Study. These cities and
counties must:
(a) Submit a work program containing all of the elements provided in OAR 660-044-0100 to the
department by June 30, 2023;
(b) Prepare a land use and transportation scenario plan as provided in OAR 660-044-0110 and
submit it for review by the commission as provided in OAR 660-044-0120 by June 30, 2024, or
another date in the approved work program; and
(c) Adopt local amendments as provided in OAR 660-044-0130 by June 30, 2025, or another
date in the approved work program.
(4) Cities and counties may request, and the director or commission may approve, applying OAR
660-044-0000 through 660-044-0015, OAR 660-044-0025 through 660-044-0030, and OAR 660-
044-0100 through 660-044-0130 of this division to the cities and counties within a metropolitan
area and establishing compliance schedule under the following procedures.
(a) Cities and counties within a metropolitan area may jointly submit a proposed work program
or resubmit a revised work program as provided in OAR 660-044-0100.
(b) The department shall consult with the Oregon Department of Transportation to review a
proposed work program. The director may approve the work program or refer the work
program to the commission with recommended revisions.
(c) If the director refers a proposed work program to the commission under subsection (b), the
commission shall hold a hearing to review the proposed work program and the recommended
revisions. The commission may approve the work program based on OAR 660-044-0100 or
remand the work program with required revisions.
(5) The commission may issue an order applying OAR 660-044-0000 through 660-044-0015,
OAR 660-044-0025 through 660-044-0030, and OAR 660-044-0100 through 660-044-0130 of
this division to cities and counties within a metropolitan area and establishing a compliance
schedule using the procedures below.
(a) The department will provide the cities and counties a draft order with compliance schedule
prior to a commission hearing.
(b) The commission will hold a hearing and consider any revised or alternate order proposed by
cities or counties, and any public testimony.
(c) When considering whether to issue an order, the commission shall consider the following
factors using the best available data:
Attachment 8, Page 5 of 23
(A) Greenhouse gas emissions including actual measurements, model estimates, recent trends,
and future projections under current adopted plans;
(B) Local transportation and land use actions that influence greenhouse gas emissions and more
equitable outcomes, including adopted plans, recent actions by cities and counties, and
development trends;
(C) Population growth including recent trends and future projections;
(D) Presence or absence of regional cooperation on greenhouse gas emissions reduction;
(E) Vehicles miles traveled per capita in the metropolitan area, including actual measurements,
model estimates, recent trends, and future projections under current adopted plans; and
(F) State and local funding available for scenario planning.
(6) The director may grant a whole or partial exemption from the requirements of this division
to cities or counties outside of the Portland metropolitan area with a population of less than
5,000 within the metropolitan planning area. The director may also grant a temporary whole or
partial exemption from the requirements of this division to jurisdictions of any size that are
newly included in an existing metropolitan area or a newly designated metropolitan area.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 184.899, ORS 197.012 & ORS 468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-044-0020
Greenhouse Gas Emissions Reduction Target for the Portland Metropolitan Area
(1) Metro shall use the greenhouse gas emissions reduction targets in this rule as it develops,
reviews, and updates a land use and transportation scenario that accommodates planned
population and employment growth while achieving a reduction in greenhouse gas emissions
from light vehicle travel in the metropolitan area as required by OAR 660-044-0040 through
660-044-0060.
(2) This rule only applies to the Portland metropolitan area.
(3) The greenhouse gas emissions reduction target is a 20 percent reduction in the year 2035.
(4) Targets for the year 2040 and beyond are:
(a) By 2040, a 25 percent reduction.
Attachment 8, Page 6 of 23
(b) By 2041, a 26 percent reduction.
(c) By 2042, a 27 percent reduction.
(d) By 2043, a 28 percent reduction.
(e) By 2044, a 29 percent reduction.
(f) By 2045, a 30 percent reduction.
(g) By 2046, a 31 percent reduction.
(h) By 2047, a 32 percent reduction.
(i) By 2048, a 33 percent reduction.
(j) By 2049, a 34 percent reduction.
(k) By 2050 and beyond, a 35 percent reduction.
Statutory/Other Authority: ORS 197.040, Ch. 865 OL 2009 (HB 2001) §37(6) & Ch. 85 OL 2010
Special Session (SB 1059) §5
Statutes/Other Implemented: Ch. 865 OL 2009 (HBl 2001) §37(6) & Ch. 85 OL 2010 Special
Session (SBl 1059) §5
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17
LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
660-044-0025
Greenhouse Gas Emissions Reduction Targets for Other Metropolitan Areas
(1) Purpose and effect of targets: Local governments in metropolitan planning areas not
covered by OAR 660-044-0020 shall use the targets set forth in section (2) of this rule as they
conduct land use and transportation planning to reduce greenhouse gas emissions.
(2) Targets for the year 2040 and beyond are:
(a) By 2040 or earlier, a 20 percent reduction.
(b) By 2041, a 21 percent reduction.
Attachment 8, Page 7 of 23
(c) By 2042, a 22 percent reduction.
(d) By 2043, a 23 percent reduction.
(e) By 2044, a 24 percent reduction.
(f) By 2045, a 25 percent reduction.
(g) By 2046, a 26 percent reduction.
(h) By 2047, a 27 percent reduction.
(i) By 2048, a 28 percent reduction.
(j) By 2049, a 29 percent reduction.
(k) By 2050 and beyond, a 30 percent reduction.
Statutory/Other Authority: ORS 197.040, Ch. 865 OL 2009 (HB 2001) § 37(6) & Ch. 85 OL 2010
Special Session (SB 1059) § 5
Statutes/Other Implemented: Ch. 865 OL 2009 (HBl 2001) § 37(6) & Ch. 85 OL 2010 Special
Session (SBl 1059) § 5
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17
LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
660-044-0030
Methods for Estimating Greenhouse Gas Emissions and Emissions Reductions
(1) Applicability: When local governments within a metropolitan area are conducting land use
and transportation planning to demonstrate that their plans would meet the greenhouse gas
emissions reductions targets established in this division, then they shall use the provisions and
options in this rule to project future emissions.
(2) Vehicle Miles Traveled: The greenhouse gas emissions reduction targets as provided in OAR
660-044-0020 and 660-044-0025 are the ratio of future year to base year vehicle miles traveled
per capita after controlling for the effects of state and federal policies and other conditions on
vehicles, fuels, and pricing.
(3) Projected Emission Rates: Projections of greenhouse gas emissions must use emission rates
based on the Statewide Transportation Strategy as adopted by the Oregon Transportation
Commission that reflect the reductions likely to result by the use of improved vehicle
Attachment 8, Page 8 of 23
technologies and fuels. Metropolitan area greenhouse gas target modeling efforts must rely on
emission rates agreed to by the Oregon Department of Transportation and the department to
ensure this compliance.
(4) Actions in the Statewide Transportation Strategy as adopted by the Oregon Transportation
Commission: Projections of greenhouse gas emissions may assume state actions specified in
subsection (a) and may use the flexibility for local and regional actions described in subsection
(b).
(a) State Actions: Projections of greenhouse gas emissions may include reductions projected to
result from state actions, programs, and associated interactions up to, but not exceeding, the
levels identified in the Statewide Transportation Strategy.
(b) Local and Regional Actions: Projections of greenhouse gas emissions may include local or
regional actions similar to actions in the Statewide Transportation Strategy if the local or
regional governments have authority to adopt plans or policies that would implement the
actions. Local governments may use projections of greenhouse gas emissions that are lower
than the rates based on the Statewide Transportation Strategy if local or regional programs or
actions can be demonstrated to result in changes to vehicle fleet, technologies, or fuels above
and beyond the assumption in the Statewide Transportation Strategy, or agreed to by the
Oregon Department of Transportation and the department. One example would be a program
to add public charging stations that is estimated to result in use of hybrid or electric vehicles
greater than the statewide assumption in the Statewide Transportation Strategy.
Statutory/Other Authority: ORS 197.040, Ch. 865 OL 2009 (HB 2001) § 37(6) & Ch. 85 OL 2010
Special Session (SB 1059) § 5
Statutes/Other Implemented: Ch. 865 OL 2009 (HBl 2001) § 37(6) & Ch. 85 OL 2010 Special
Session (SBl 1059) § 5
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17
LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
660-044-0035
Review and Evaluation of Greenhouse Gas Reduction Targets
(1) The commission shall by June 1, 2021, and at four-year intervals thereafter, conduct a
review of the greenhouse gas emissions reduction targets in OAR 660-044-0020 and 660-044-
0025.
(2) The review by the commission shall evaluate whether revisions to the targets established in
this division are warranted considering the following factors:
Attachment 8, Page 9 of 23
(a) Results of land use and transportation scenario planning conducted within metropolitan
planning areas to reduce greenhouse gas emissions from light vehicles;
(b) New or revised federal and state laws or programs established to reduce greenhouse gas
emissions from light vehicles;
(c) State plans or policies establishing or allocating greenhouse gas emissions reduction goals to
specific sectors or subsectors;
(d) Policies and recommendations in the Statewide Transportation Strategy adopted by the
Oregon Transportation Commission;
(e) Additional studies or analysis conducted by the Oregon Department of Transportation, the
Department of Environmental Quality, the Oregon Department of Energy or other agencies
regarding greenhouse gas emissions from light vehicle travel, including but not limited to
changes to vehicle technologies, fuels and the vehicle fleet;
(f) Changes in population growth rates, metropolitan planning area boundaries, land use or
development patterns in metropolitan planning areas that affect light vehicle travel;
(g) Efforts by local governments in metropolitan areas to reduce greenhouse gas emissions
from all sources;
(h) Input from affected local and regional governments and metropolitan planning
organizations;
(i) Land use feasibility and economic studies regarding land use densities; and
(j) State funding and support for scenario planning and public engagement.
(3) The department shall, in consultation and collaboration with affected local governments,
metropolitan planning organizations and other state agencies, prepare a report addressing
factors listed in section (2) of this rule to aid the commission in determining whether revisions
to targets established in this division are warranted.
Statutory/Other Authority: ORS 197.040, Ch. 865 OL 2009 (HB 2001) § 37(6) & Ch. 85 OL 2010
Special Session (SB 1059) § 5
Statutes/Other Implemented: Ch. 865 OL 2009 (HBl 2001) § 37(6) & Ch. 85 OL 2010 Special
Session (SBl 1059) § 5
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17
LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11
Attachment 8, Page 10 of 23
660-044-0040
Cooperative Selection of a Preferred Scenario; Initial Adoption
(1) Within one year of adoption or amendment of a preferred scenario, Metro shall amend the
regional framework plan and the regional growth concept to select and incorporate a preferred
land use and transportation scenario that meets targets in OAR 660-044-0020 consistent with
the requirements of this division.
(2) In preparing, selecting, or amending a preferred land use and transportation scenario Metro
shall:
(a) Consult with affected local governments, representatives of underserved populations, the
Port of Portland, TriMet, and the Oregon Department of Transportation;
(b) Consider adopted comprehensive plans and local aspirations for growth in developing and
selecting a preferred land use and transportation scenario;
(c) Use assumptions about population, housing and employment growth consistent with the
coordinated population and employment projections for the metropolitan area for the planning
period;
(d) Use evaluation methods and analysis tools for estimating greenhouse gas emissions that
are:
(A) Consistent with the provisions of this division;
(B) Reflect best available information and practices; and,
(C) Coordinated with the Oregon Department of Transportation.
(e) Make assumptions about state and federal policies and programs expected to be in effect
over the planning period, including the Statewide Transportation Strategy, in coordination with
the responsible state agencies;
(f) Evaluate a reference case scenario that reflects implementation of existing adopted
comprehensive plans and transportation plans;
(g) Evaluate at least two alternative land use and transportation scenarios for meeting
greenhouse gas reduction targets and identify types of amendments to comprehensive plans
and land use regulations likely to be necessary to implement each alternative scenario;
(h) Develop and apply evaluation criteria that assess how alternative land use and
transportation scenarios compare with the reference case in achieving important regional goals
or outcomes;
Attachment 8, Page 11 of 23
(i) Evaluate if the preferred scenario relies on new investments or funding sources to achieve
the target, the feasibility of the investments or funding sources including:
(A) A general estimate of the amount of additional funding needed;
(B) Identification of potential/likely funding mechanisms for key actions, including local or
regional funding mechanisms;
(C) Coordination of estimates of potential state and federal funding sources with relevant state
agencies (i.e. the Oregon Department of Transportation for transportation funding); and,
(D) Consider effects of alternative scenarios on development and travel patterns in the
surrounding area (i.e. whether proposed policies will cause change in development or increased
light vehicle travel between metropolitan area and surrounding communities compared to
reference case).
(3) The preferred land use and transportation scenario shall include:
(a) A description of the land use and transportation growth concept providing for land use
design types;
(b) A concept map showing the land use design types;
(c) Policies and strategies intended to achieve the target reductions in greenhouse gas
emissions in OAR 660-044-0020;
(d) Planning assumptions upon which the preferred scenario relies including:
(A) Assumptions about state and federal policies and programs;
(B) Assumptions about vehicle technology, fleet or fuels, if those are different than those
provided in OAR 660-044-0030;
(C) Assumptions or estimates of expected housing and employment growth by jurisdiction and
land use design type; and
(D) Assumptions about proposed regional programs or actions other than those that set
requirements for city and county comprehensive plans and land use regulations, such as
investments and incentives;
(e) Performance measures and targets to monitor and guide implementation of the preferred
scenario. Performance measures and targets shall be related to key elements, actions and
expected outcomes from the preferred scenario; and
Attachment 8, Page 12 of 23
(f) Recommendations for state or federal policies or actions to support the preferred scenario.
(4) When amending a local Transportation Systems Plan, or comprehensive plan, local
governments shall adopt findings demonstrating that implementation of the preferred land use
and transportation scenario meets the requirements of this division and can reasonably be
expected to achieve the greenhouse gas emission reductions as set forth in the target in OAR
660-044-0020. The findings shall demonstrate how:
(a) The expected pattern of land use development in combination with land use and
transportation policies, programs, actions set forth in the preferred scenario will result in levels
of greenhouse gas emissions from light vehicle travel that achieve the target in OAR 660-044-
0020;
(b) The preferred scenario advances equitable outcomes for underserved communities; and
(c) The preferred scenario is or will be made consistent with other applicable statewide
planning goals or rules.
(5) Guidance on evaluation criteria and performance measures.
(a) The purpose of evaluation criteria referred to in subsection (2)(h) is to encourage Metro to
select a preferred scenario that achieves greenhouse gas emissions reductions in a way that
maximizes attainment of other community goals and benefits. This rule does not require the
use of specific evaluation criteria. The following are examples of categories of evaluation
criteria that Metro might use:
(A) Public health;
(B) Air quality;
(C) Household spending on energy or transportation;
(D) Implementation costs;
(E) Economic development;
(F) Access to parks and open space; and,
(G) Equity, specifically promoting equitable outcomes for underserved community members.
(b) The purpose of performance measures and targets referred to in subsection (3)(e) is to
enable Metro and area local governments to monitor and assess whether key elements or
actions that make up the preferred scenario are being implemented, and whether the preferred
Attachment 8, Page 13 of 23
scenario is achieving the expected outcomes. This rule does not establish or require use of
particular performance measures or targets. The following are examples of types of
performance measures that Metro might establish:
(A) Transit service revenue hours;
(B) Mode share;
(C) People per acre by 2040 Growth Concept design type;
(D) Percent of workforce participating in employee commute options programs; and
(E) Percent of households and jobs within one-quarter mile of transit.
Statutory/Other Authority: ORS 197.040 & 2009 OL Ch. 865 §37(8) (HB 2001)
Statutes/Other Implemented: 2009 OL Ch. 865 §37(8) (HB 2001)
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17
LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13
660-044-0045
Adoption of Regional Plans to Implement the Preferred Scenario
(1) Within one year of the commission’s order approving Metro’s amendments to the regional
framework plan to select, incorporate, or amend a preferred land use and transportation
scenario, Metro shall adopt regional functional plan amendments to implement the framework
plan amendments.
(2) Functional plan amendments shall establish requirements, deadlines, and compliance
procedures for amendments to local comprehensive plans, transportation system plans, and
land use regulations as necessary to implement the framework plan amendments. The
functional plan amendments shall require affected cities and counties to adopt implementing
amendments to comprehensive plans and land use regulations within two years of
acknowledgement of Metro’s functional plan amendments or by a later date specified in the
adopted functional plan.
(3) Functional plan amendments shall include requirements that local governments amend local
comprehensive plans, transportation system plans, and land use regulations to:
(a) Use population, housing and employment allocations to specific areas and land use design
types that are consistent with estimates in the framework plan including assumptions about
densities, infill, and redevelopment;
Attachment 8, Page 14 of 23
(b) Apply comprehensive plan designations and zoning districts that are consistent with land
use design type, allowing uses and densities that are consistent with land use design type and
limiting uses that would be incompatible with the design type specified in the preferred
scenario; and,
(c) Include other provisions needed to implement the amended framework plan.
(4) As part of its adoption of functional plan amendments under this rule, Metro shall adopt
findings demonstrating that actions required by the functional plan amendments are consistent
with and adequate to implement the relevant portions of the preferred land use and
transportation scenario set forth in the adopted framework plan amendments. The findings
shall demonstrate that assumptions or allocations of housing and employment growth to
specific areas are consistent with the estimates or assumptions in the framework plan
amendments. In the event Metro’s allocations or assumptions vary from those upon which the
framework plan amendments are based, Metro shall demonstrate that the revised assumptions
or allocations, in combination with other measures adopted as part of the functional plan will
meet the greenhouse gas emission reduction target in OAR 660-044-0020.
(5) Those portions of the preferred scenario in the framework plan that Metro chooses to
implement by establishing requirements for city and county comprehensive plans and land use
regulations shall be set forth in amendments to the functional plan. The amendments shall
meet the following minimum planning standards:
(a) For adoption of amendments to the regional framework plan, the Metro Council shall follow
the process set forth in the Metro Charter;
(b) For adoption of amendments to the functional plan, the Metro Council shall follow the
process set forth in the Metro Charter for adoption of ordinances;
(c) The Metro Council shall strive for flexibility when establishing new requirements for cities
and counties, and shall consider offering optional compliance paths to cities and counties, such
as adoption of a model ordinance developed by Metro;
(d) Metro shall make new requirements for cities and counties included in the functional plan
amendments adopted under this rule enforceable by Metro pursuant to ORS 268.390(6).
(6) When it adopts an updated regional transportation system plan required by OAR chapter
660, division 12, Metro shall demonstrate that the updated plan is consistent with framework
plan amendments adopting a preferred scenario as provided in OAR 660-044-0040(3).
Statutory/Other Authority: ORS 197.040 & 2009 OL Ch. 865 §37(8) (HB 2001)
Statutes/Other Implemented: 2009 OL Ch. 865 §37(8) (HB 2001)
History:
Attachment 8, Page 15 of 23
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13
660-044-0050
Commission Review of Regional Plans
(1) The commission shall review Metro’s framework plan amendments adopting or amending a
preferred land use and transportation scenario and amendments to functional plans to
implement the framework plan amendments in the manner provided for periodic review under
ORS 197.628 to 197.650.
(2) The commission’s review of framework plan amendments adopting a preferred land use and
transportation scenario shall determine whether the preferred scenario can reasonably be
expected to achieve greenhouse gas emission reductions as set forth in the targets in OAR 660-
044-0020, other requirements of this division, and any applicable statewide planning goals.
(3) The commission’s review of amendments to functional plans shall determine whether the
adopted functional plans are consistent with and adequate to carry out relevant portions of the
framework plan amendments.
(4) The commission may conduct review of Metro’s framework plan amendments adopting a
preferred scenario in conjunction with review of an urban growth boundary amendment or an
update to the regional transportation system plan.
Statutory/Other Authority: ORS 197.040, ORS 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001)
Statutes/Other Implemented: ORS 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001)
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13
660-044-0055
Adoption of Local Plans to Implement the Preferred Scenario
(1) Local governments shall amend comprehensive plans, land use regulations, and
transportation system plans to be consistent with and implement relevant portions of the
preferred land use and transportation scenario as set forth in Metro’s functional plans or
amendments. “Consistent” for the purpose of this section means city and county
comprehensive plans and implementing ordinances, on the whole, conforms with the purposes
of the performance standards in the functional plan and any failure to meet individual
performance standard requirements is technical or minor in nature.
Attachment 8, Page 16 of 23
(2) Beginning one year from Metro’s adoption or amendment of the preferred scenario, local
governments in the Portland metropolitan area shall, in updating or adopting an amendment to
a comprehensive plan or transportation system plan, demonstrate that the proposed update or
amendment is consistent with the preferred land use and transportation scenario.
Statutory/Other Authority: ORS 197.040, ORS 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001)
Statutes/Other Implemented: ORS 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001)
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13
660-044-0060
Monitoring
(1) Metro shall prepare a report monitoring progress in implementing the preferred scenario
including status of performance measures and performance targets adopted as part of the
preferred scenario as part of regular updates to the Regional Transportation Plan and
preparation of Urban Growth Reports.
(2) Metro’s report shall assess whether the region is making satisfactory progress in
implementing the preferred scenario; identify reasons for lack of progress, and identify possible
corrective actions to make satisfactory progress. Metro may update and revise the preferred
scenario as necessary to ensure that performance targets are being met.
(3) The commission shall review the report and shall either find Metro is making satisfactory
progress or provide recommendations for corrective actions to be considered or implemented
by Metro prior to or as part of the next update of the preferred scenario.
Statutory/Other Authority: ORS 197.040, ORS 197.301, ORS 197.274(2) & 2009 OL Ch. 865 §
37(8) (HB 2001)
Statutes/Other Implemented: ORS 197.301 & 2009 OL Ch. 865 § 37(8) (HB 2001)
History:
LCDD 3-2022, amend filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary amend filed 06/01/2022, effective 06/01/2022 through 11/27/2022
LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17
LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13
660-044-0100
Scenario Planning Work Programs
As used in this division, a work program must include:
Attachment 8, Page 17 of 23
(1) A proposed governance structure for regional cooperation: a proposed mechanism for
regional cooperation. The governance structure may be an existing metropolitan planning
organization, a new regional inter-governmental entity, an intergovernmental agreement for
collaboration among local governments, or other mechanism. The governance structure must
describe how the entity or entities will make decisions and complete tasks. The governance
structure must, at a minimum, include cities and counties and describe how transit providers
will be involved in the planning process.
(2) A scope of work: A proposed list of tasks to develop scenarios, analyze scenarios, select a
preferred scenario, assemble a land use and transportation scenario plan, and amend local
plans and ordinances consistent with the land use and transportation scenario plan.
(3) A community engagement plan: A community engagement plan with a focus on outreach to
and inclusion of underserved populations including community-based conversations.
(4) A funding estimate: A general estimate of needs for each city and county to adopt local
amendments to implement the selected scenario. The funding estimate must include a
schedule of requested amounts in current and future budget periods.
(5) A schedule: The work program must include a proposed schedule for submitting the land
use and transportation scenario plan and for adopting local amendments to implement the
approved preferred land use and transportation scenario.
(6) Cities and counties may submit a proposed work program to the department with
alternative deadlines to those found in OAR 660-044-0015.
(7) The department shall consult with the Oregon Department of Transportation to review the
proposed work program. The director may approve the work program or refer the work
program to the commission with recommended revisions.
(8) If the director refers a proposed work program to the commission under section (7), the
commission shall hold a hearing to review the proposed work program and the recommended
revisions. The commission may approve the work program or remand the work program with
required revisions.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 184.899, ORS 197.012 & ORS 468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-044-0110
Land Use and Transportation Scenario Plan Contents
Attachment 8, Page 18 of 23
A land use and transportation scenario plan must include:
(1) A planning period of at least 20 years in the future.
(2) An assessment of the housing and transportation needs of underserved populations;
(3) Policies and strategies intended to achieve the applicable greenhouse gas emissions
reduction target in OAR 660-044-0025.
(4) Planning assumptions used to develop the scenario including:
(a) Regionally significant projects reasonably likely to be funded through the planning period;
(b) Regionally significant projects that would require additional funding;
(c) General estimates of the amount of additional funding required; and
(d) Potential sources of additional funding.
(5) Projections of land uses for the planning period including:
(a) Residential densities and locations;
(b) Employment densities and locations;
(c) Climate Friendly Areas as designated under OAR 660-012-0315; and
(d) Total regional population consistent with forecasts under OAR 660-032-0020.
(6) Analysis of local development regulations to identify any changes needed to enable
development of the projected land uses, such as:
(a) Comparison of zoning maps with projected land use needed to meet the target;
(b) Parking requirements; and
(c) Electric vehicle charging requirements.
(7) Projection of future greenhouse gas emissions for the planning period using methods
described in OAR 660-044-0030 using a preferred land use and transportation scenario to meet
the applicable greenhouse gas reduction target in OAR 660-044-0025.
(8) Assumptions used to project future greenhouse gas emissions including:
Attachment 8, Page 19 of 23
(a) Assumptions about state and federal policies and programs;
(b) Assumptions about vehicle technology, fleet or fuels, if those are different than those
provided in OAR 660-044-0030; and
(c) Assumptions about proposed regional programs or actions such as investments and
incentives not already included in the list of transportation projects and projections of future
land uses.
(9) Performance measures and methodologies that cities and counties will use to report on
implementation of the preferred land use and transportation scenario, including:
(a) Regional performance measures to determine whether outcomes are progressing to achieve
the projected reductions in greenhouse gas emissions. The regional performance measures
must include actual performance for the data elements used to project greenhouse gas
emissions as described in OAR 660-044-0030.
(b) Local implementation performance measures to determine whether cities and counties are
taking the actions necessary to implement the preferred land use and transportation scenario.
(c) Equity performance measures to determine whether implementation of the preferred land
use and transportation scenario is improving equitable outcomes for underserved communities.
(10) The performance measures in section (9) must include:
(a) A set of performance measures including methods, details, and assumptions to calculate the
value;
(b) Baseline current data, or historical data, for each performance measure;
(c) A reporting schedule repeating every four or five years through the planning period;
(d) A target for each performance measure for each reporting point; and
(e) Best available demographic information for underserved populations.
(11) Report on community-based conversations and other efforts to solicit input from
underserved communities.
(12) An assessment of benefits and burdens of the scenario on underserved community
members compared to the population as a whole.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 184.899, ORS 197.012 & ORS 468A.205
Attachment 8, Page 20 of 23
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-044-0120
Commission Review of a Land Use and Transportation Scenario Plan
(1) Cities and counties shall submit a land use and transportation scenario plan to the director.
(2) Upon receipt of a land use and transportation scenario plan, the director shall determine
whether the submittal is complete based on the applicable criteria in this division.
(a) If there is any missing information, the director must inform the cities and counties with
sufficient specificity to allow the cities and counties to provide missing information.
(A) The cities and counties must supply additional information within 30 days of the director's
notification. If the cities and counties do not supply additional information, the director shall
review the original submission as provided in subsection (b).
(B) If the director does not send a notice of missing information within 30 days of submittal, the
submittal shall be deemed complete.
(b) Upon completeness, the department shall:
(A) Post the complete land use and transportation scenario plan on the department’s website;
and
(B) Provide notice to persons described under ORS 197.615(3).
(C) The notice provided shall describe;
(i) How and where the land use and transportation scenario plan may be freely obtained; and
(ii) That objections to the land use and transportation scenario plan may be submitted to the
department within 14 days of the notice.
(c) Review the submittal for compliance with this division and either:
(A) Issue an order approving the submittal, with responses to any objections submitted; or
(B) Refer the submittal to the commission for review and action under section (5).
Attachment 8, Page 21 of 23
(d) If the director does not issue an order approving the submittal or make a referral to the
commission within 60 days of completeness, the submittal is deemed approved, and an order
sent under section (3).
(3) The director shall send an approval order to the cities and counties, post on a public website
using the Internet or a similar electronic method, and provide a copy of the order to the
commission at its next regular meeting. The approval order must include information on the
process to appeal the director’s order as described in this rule.
(4) A person who has filed an objection may appeal a director’s approval order to the
commission. An appeal must be submitted within 30 days of the date of the commission
meeting(s) at which the commission received the order. An appeal must clearly identify an
alleged deficiency in the submittal based on the requirements of this division.
(5) The commission shall hold a hearing on a submittal referred by the director under section
(2) or appealed under section (4).
(a) The commission will consider the contents of the land use and transportation scenario plan,
the director’s staff report, testimony from cities or counties that submitted the plan, and
testimony from any persons who filed objections to the plan.
(b) The commission may:
(A) Remand the submittal with specific directions for needed changes consistent with the
requirements of this division; or
(B) Approve the submittal.
(6) The director shall issue an order of the commission’s decision to the cities and counties and
to all participants in the hearing.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 184.899, ORS 197.012 & ORS 468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-044-0130
Local Amendments to Implement Approved Land Use and Transportation Scenario Plan
(1) Local governments shall amend comprehensive plans, land use regulations, and
transportation system plans to be consistent with and implement relevant portions of the land
use and transportation scenario plan approved by an order under OAR 660-044-0120.
“Consistent” for the purpose of this rule means city and county comprehensive plans and
Attachment 8, Page 22 of 23
implementing ordinances, on the whole, conform to the purposes of the performance
standards in the approved land use and transportation scenario plan.
(2) Cities and counties with an approved land use and transportation scenario plan under OAR
660-044-0120 may only adopt amendments to a comprehensive plan, land use regulation, or
transportation system plan that are consistent with the approved land use and transportation
scenario plan.
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 184.899, ORS 197.012, ORS 197.615 & ORS 468A.205
History:
LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022
LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
Attachment 8, Page 23 of 23