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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 second meeting is scheduled for Friday, February 23, 2018, 8:30 AM - 12:30 PM at the Dept of State Lands, 775 Summer St NE, Salem, OR 97301; State Land Board Room

DIV 122 DRAFT Rule
DIV 123 DRAFT Rule
RAC Roster
Non-Trust VS Trust Lands PowerPoint
 
Status
Active
Document
Description

SB 3 repealed an earlier moratorium on placer mining and replaced it with a prohibition on certain types of operations in certain areas (ESH/lamprey).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.​

Final Rule

DIV 89 Placer Mining Draft Rule

DIV 89 Placer Mining RAC Roster

DIV 89 RAC Agenda 1-16-18​​


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.​

Documents: Draft Rule; 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. 

Status
Active
Document
Related Documents

Rulemaking meetings and hearings

Sabrina Foward
Executive Support & Rules Coordinator
Phone: 503-986-5236

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