Skip to main content

Proposed Rulemaking

Rules under consideration

Description

DSL is beginning the process of amending these rules and differentiating between trust and non-trust easements. The State Land Board authorized DSL to initiate rulemaking on June 22, 2011. The purpose of this rulemaking effort is to:

  • Accommodate statutory (including HB 2460, and rule changes (including the adoption of OAR 141-145 that have occurred in the past several years,
  • Update the general provisions section to reflect the current practices of DSL,
  • Complete rule language changes recommended by the Oregon Department of Justice,
  • Review and update the administrative procedures for reviewing and issuing easements, and
  • Review and update the compensation formulas for issuing easements.

DSL will be holding 4 RAC meetings starting in January 2018.

The fourth meeting is scheduled for Tuesday, May 8, 2018, 8:30AM - 12:30PM at the State Land Board Meeting Room, 775 Summer Street NE, Salem, Oregon.

DIV 122 DRAFT Rule
DIV 123 DRAFT Rule
RAC Roster​
Non-Trust VS Trust Lands PowerPoint​

Dropbox for RAC members​

Agenda for RAC mtg 4​

Status
Active
Document
Description

Revisions to the rules for the General Authorization (GA) for Recreational Placer Mining within ESH are needed to achieve consistency with Senate Bill 3 (2017) and to streamline the process for administering removal-fill permits, reduce paperwork, increase certainty and timeliness, and enhance resource protection. To meet these needs, DSL is modifying rules under OAR Chapter 141, Division 89 to change the rule titles, purpose, eligibility requirements, authorized activities, and activity-specific conditions of the General Authorization for Recreational Placer Mining.

The public review and comment period is currently open for these draft rules. Public comment will be accepted until 5:00 PM on Wednesday, March 28, 2018. Please submit comments using the comment form below or by mailing:

Anne Friend, Rules Coordinator
775 Summer Street NE, Suite 100
Salem, Oregon 97301-1279

DSL is holding a public hearing on the draft rules from 4pm - 6pm, Wednesday, March 21, 2018 at the Department of State Lands, 775 Summer St NE, Land Board Room, Salem, OR 97301.

Final DRAFT Rule with Track Changes​
Final DRAFT Rule Changes Accepted - clean copy​
DIV 89 Placer Mining RAC Roster​
​Fiscal Impact Statem​ent​​​​

Comment Form​

Status
Active
Document
Description

DSL is initiating rulemaking to incorporate a new approach to compensate for wetland and stream losses. The goal of the rulemaking is to update the statewide mitigation using a watershed-based approach, and function-based assessment and accounting methods.

We are changing our policy because in 2008, the federal government adopted a new rule – the Final Compensatory Mitigation Rule – which promotes a watershed- and function-based approach to compensatory mitigation. Studies show that the current practice of requiring acreage-based mitigation is leading to an overall loss of functions and values of aquatic resources across the nation. The new mitigation framework aims to bring Oregon’s mitigation program into alignment with the federal standard and to provide more successful, sustainable benefits for the environment.

This new approach to compensating for wetland and stream losses will be collaboratively implemented by DSL, U.S. Army Corps of Engineers-Portland District (Corps) and U.S. Environmental Protection Agency-Region 10 (EPA) in February 2019.

DSL in the process of selecting RAC members and plans to schedule the first RAC meeting in March or April 2018.​

DIV 85 Draft Rule​
DIV 85 Rule Changes​
DIV 85 RAC Roster​

​​​​
Status
Active
Document
Description

​This rulemaking is on hold indefinitely. The Department of State Lands has initiated rulemaking to create a new removal-fill General Permit (OAR 141-093) for certain activities involving the placement of materials or structures in waterways for the purpose of promoting the reconnection of waterways with their historic floodplains.

DIV93 Ocean Energy GP Fiscal Impact
DIV 93 Ocean Energy GP Draft
DIV 93 Draft Rule Public ​

Status
Active
Document
Related Documents

Rulemaking meetings and hearings

Anne Friend
Executive Assistant & Rules Coordinator
Phone: 503-986-5245

Your browser is out-of-date! It has known security flaws and may not display all features of this and other websites. Learn how

×