Oregonians in Action v. Land Conservation & Development Commission

In this proceeding under ORS 183.400, petitioner challenges the validity of LCDC’s amendments to Goal 4 and its adoption of certain rules, codified in OAR Chapter 660, Division 6, that implement the amended goal.1 We hold that the amended goal and rules are valid.

Petitioner first argues that LCDC’s “notice of proposed rulemaking” did not comply with the requirement of ORS 183.335(2) (b)(B) for a “statement of the need for the rule and a statement of how the rule is intended to meet the need.” LCDC responds, first, that, although the requirement of that statute applies to the challenged rules,…