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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:
3 repealed an earlier moratorium on placer mining and replaced it with a
prohibition on certain types of operations in certain areas (ESH/lamprey). The
bill also establishes a permit program at DEQ. DSL will continue to issue GA's
for non-motorized recreational placer mining and IP's for large projects in
non-ESH waters. DSL plans to begin the formal rulemaking process to update the
GA by the end of 2017. DSL does not intend to convene a RAC because the
rulemaking will only codify the statutory requirements of SB 3.
The Department of State Lands has concluded rulemaking to codify the requirements of recent administrative and legislative actions affecting the placement of ocean renewable energy devices in the territorial sea. These actions include adoption of Part 5 of the Territorial Sea Plan by the Land Conservation and Development Commission; enactment of HB 2694 (2013) – establishing seafloor data sharing requirements; enactment of SB 606 (2013) – amending financial assurance and civil penalty statutes for ocean renewable energy projects; and enactment of SB 319 (2015) refining the Department’s regulatory and proprietary roles in siting ocean renewable energy projects. SB 319 specifically requires the Department to convene a committee to assist in evaluating whether to establish by rule a general permit under ORS 196.816, or grant by rule a general authorization under ORS 196.850, for ocean renewable energy facilities that are used as components of research projects or demonstration projects that produce ocean renewable energy. Public Hearings were held on June 20,21 & 28, 2017 & July 6, 2017 around the state. Final rule is being presented to the State Land Board on October 17th at DSL.
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.
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