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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3 repealed an earlier moratorium on placer mining and replaced it with a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.
DIV 89 Placer Mining Draft Rule
DIV 89 Placer Mining RAC Roster
DIV 89 RAC Agenda 1-16-18
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
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
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.
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