DLCD Adopts Climate-Friendly and Equitable Communities Rules
by Kenneth Katzaroff
On July 21, 2022, the Department of Land Conservation and Development (DLCD) adopted the Climate-Friendly and Equitable Communities (CFEC) rules. DLCD then filed the permanent CFEC rules with the Oregon Secretary of State on August 17, which are now in effect. To note, the rules are still up for appeal; on a petition for judicial review, the Court of Appeals could declare a rule invalid.
As background, in 2007, the Oregon legislature adopted a goal to reduce Oregon’s climate pollution by 75% by 2050. Oregon is not on track to meet that goal. As a result, in 2017 Governor Brown issued Executive Order 17-21 and directed state agencies to promote cleaner vehicles, cleaner fuels, and less driving. DLCD launched its CFEC rulemaking in response to Governor Brown’s order.
The CFEC rules are aimed at reducing climate pollution, increasing transportation and housing choices, and creating more equitable outcomes in Oregon’s eight most populated areas. As such, the rules apply in Oregon’s metropolitan areas, including Portland Metro, Salem-Keizer, Albany, Corvallis, Central Lane, Bend, Middle Rogue, and the Rogue Valley. The rules require changes to local transportation and land use plans in these areas to ensure Oregonians have more ways to get around, and also improve equity in housing and community transportation.
The new CFEC rules have varying implementation deadlines. First, as of December 31, 2022, the effected jurisdictions listed above must reduce parking mandates for specific developments. Specifically, local governments cannot mandate more than one parking space per unit for residential developments with more than one unit; cannot mandate any parking for small units, affordable units, childcare facilities, facilities for people with disabilities, or transitional shelters for people experiencing homelessness or domestic violence; and no parking mandates will be allowed within ¾ mile of light or heavy rail stations or ½ mile of frequent transit corridors. Other changes that can be expected from 2023 and later are:
- Parking regulation improvement, under OAR 660-012-0405;
- Setting parking maximums in more populous cities, under OAR 660-012-0415;
- Requiring more electric vehicle charging stations in new housing and mixed-use developments;
- Conducting climate-friendly area studies, under OAR 660-012-0315, and allowing walkable mixed-use development within urban growth boundaries;
- Transportation system plan updates under OAR 660-012 and -018, including planning for high-quality pedestrian, bicycle, and transit infrastructure; and
- Transportation planning rule regulations, including submission of biennial reports, under OAR 660-012-0330.
DLCD is providing flexibility around implementation deadlines, which already extend through 2029. As such, expect to see effected jurisdictions working toward implementation with amendments to local transportation and land use plans. Future development should be prepared to conform to CFEC rules, and perhaps more “green” development rules in general. Developers should be aware of HB 2001, which also allows more, denser housing in Oregon, and understand that new CFEC rules may further impact HB 2001 requirements or recent local code updates.
This article summarizes aspects of the law and does not constitute legal advice. For legal advice for your situation, you should contact an attorney.