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Rulemaking Activity

Notice of Rulemaking & Public Hearings

The Department of State Lands will be accepting public comment on the following rulemaking activities:​
Written comments can be submitted via email (rules@dsl.state.or.usor by U.S. mail to: Sabrina Foward, Rules Coordinator, 775 Summer Street NE, Suite 100, Salem, Oregon 97301-1279. Comments via telephone cannot be accepted.​​​​  
 
1.    DIV 68 RULES GOVERNING THE IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE OF HISTORICALLY FILLED LANDS, AND THE APPROVAL TO CREATE, SELL AND EXCHANGE NEW LANDS. 
DSL convened the Filled Lands Adv​isory Group (FLAG) to engage with the Department to ensure a fair and transparent process to resolve state ownership interests in historically filled submerged and submersible lands. The FLAG came up with a set of recommendations that were presented to the State Land Board. These recommendations were also the basis for Senate Bill 912, which passed during the 2015 session.  DSL is engaging in rulemaking to address the recommendations of the FLAG and requirements of SB 912. A ​rulemaking advisory committee was developed and met on Oct 8, 2015 and Nov 4, 2015 to create the proposed draft rules. On April 12, 2016, the State Land Board adopted the new Division 68 Rule as proposed.  
Rule for LB Adoption

2.   DIV 82 RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND.
​​The Department of State Lands is revising the rules governing the management of its waterways through issuing leases, licenses and registrations for structures and uses of state-owned submerged and submersible land. This includes the recently approved Submerged Lands Enhancement Fund and how it may be used, House Bill 2463. The attached Draft Rule is being proposed and is under review by the Dept of Justice. Final Rule will be posted and submitted for adoption by The State Land Board in October 2016.
Draft Rule​ ​Fiscal Impact​​
3.   DIV 93 RULES GOVERNING THE DEVELOPMENT OF A NEW GENERAL PERMIT FOR ​NAVIGATIONAL ACCESS MAINTENANCE DREDGING.​​
​​The Department of State Lands initiated rulemaking to create a new removal-fill General Permit (OAR 141-093) for routine maintenance dredging of existing marinas, boat basins, terminals, access channels, etc. for navigational access purposes. The Department specifically requested public comment on whther other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business pursuant to ORS 183.335 (2)(b)(G). On June 14, 2016, the Department adopted this rule which goes into effect September 1, 2016.
​Final Rule​​                           Fiscal Impact​​
Approval Memo                    Public Comment Responses​

4.   DIV 89 GENERAL AUTHORIZATION FOR RECREATIONAL PLACER MINING WITHIN ESSENTIAL INDIGENOUS HABITAT THAT IS NOT DESIGNATED STATE SCENIC WATERWAYS.   
​​The Department of State Lands has completed the process of reviewing revisions to the General Authorization in OAR 141-089-0820 to 089-0835 are to needed to implement statutory changes. A legislatively established moratorium (Enrolled Senate Bill 838--2013) on some motorized placer mining began on January 2, 2016. It was necessary to revise the Department's General Authorization in response to SB 838 statutory changes, including implementing the moratorium for some motorized placer mining. The Department adopted a temporary rule to clarify the process for determining eligibility for the General Authorization and removing certain limitations on placer mining that were established for the period ending January 2, 2016. The agency has concluded permanent rulemaking and taking public comment on the permanent rule. The Department approved the final rule June 15, 2016.                                                          
​Final Rule​ Fiscal Impact

5.   DIV 93 RULES GOVERNING THE GENERAL PERMIT FOR IMPACTS TO VERNAL POOLS AND OTHER WATERS OF THE STATE IN JACKSON COUNTY.   
The Department of State Lands initiated permanent rulemaking to the General Permits for Impacts to Vernal Pool wetlands and other waters of the state in Jackson County, Oregon. The purpose of this rule, OAR 141-093 is to provide an expedited authorizaion for certain projects that involve removal-fill activities in vernal pool wetlands and includes a mitigation framework to conserve the rare species found in these wetlands.Changes include minor alterations to the General Permit, including extending the expiraion date to January 1, 2021.  
Final Rule​       
Fiscal Impact
​​
6. DIV 89 AND 93 RECOMMENDATIONS FOR REVISIONS TO THE REMOVAL-FILL GENERAL AUTHORIZATIONS AND GENERAL PERMITS. 
​​The Department of State Lands is in the process of reviewing the general authorizations and general permits of the Removal-Fill Law (OAR 141-089 and OAR 141-093). Per ORS 196.850(7), the Department is required to review each general authorization every five years. The final recommendations are now available.
​​ ​​​ Final Recommendations​
​ ​

​7.  DIV 89 AND 93 RULES GOVERNING THE DEVELOPMENT OF A NEW GENERAL AUTHORIZATION AND/OR GENERAL PERMIT FOR STREAM RESTORATION ACTIVITIES MIMICKING BEAVER DAMS. ​

The Department of State Lands has initiated rulemaking to create a new removal-fill General Authorzation (OAR 141-089) and/or a new General Permit (OAR 141-093) for stream restoration activities involving the placement of materials or structures in waterways for the purpose of mimicking beaver dams to promote beaver recovery.  
Rule Advisory Committee ​
(RAC) Meeting
Tuesday, January 19, 2016; 1:00-4:30 PM​
Dept of Agriculture Building, 635 Capitol St SE, 
Salem 97301; Conf Room D (in the basement-no checkin required)
​Rule Advisory Committee (RAC) Meeting ​Friday, February 19, 2016; 9:00 AM - 12:30 PM ​State Lands Buidling, Land Board Room, 775 Summer St NE, Salem, OR 97301 
​Rule Advisory Committee (RAC) Meeting ​Tuesday, March 15, 2016; 1:00 - 4:00 PM  ​State Lands Buidling, Land Board Room, 775 Summer St NE, Salem, OR 97301 
​Rule Advisory Committee (RAC) Meeting ​Wednesday, April 27, 2016: 9:00 AM - 12:00 PM  ​State Lands Buidling, Land Board Room, 775 Summer St NE, Salem, OR 97301 ​
​Rule Advisory Committee (RAC) Meeting ​Tuesday, June 7, 2016: 1:00 - 4:00 PM ​​State Lands Buidling, Land Board Room, 775 Summer St NE, Salem, OR 97301
RAC Agenda 1-19-16​​​ 1-19-16 RAC Mtg Summary​​ RAC Rules ​        RAC Roster​
​​RAC Agenda 2-19-16 2-19-16 ​RAC Mtg Summary ​​​Draft Rule​        Draft Rule #2
​RAC Agenda 3-15-16​ 3-15-16 RAC Mtg Summary ​​
​​RAC Agenda 4-27-16 ​4-27-16 RAC Mtg Summary ​​
RAC Agenda 6-7-16 ​6-7-16 RAC Mtg Summary ​​

8.   DIV 85, 89, 93 & 140 RULES GOVERNING THE PLACEMENT OF OCEAN RENEWABLE ENERGY DEVICES IN THE TERRIORIAL SEA.

The Department of State Lands has initiated 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.​
​Rule Advisory Committee
(RAC) Meeting
Tuesday, June 2, 2016: 1:00 PM - 4:00 PM  ​State Lands Buidling, Land Board Room, 775 Summer St NE, Salem, OR 97301 
​Rule Advisory Committee
(RAC) Meeting
​Tuesday, July 12, 2016; 1:00 PM - 4:00 PM ​ODFW Commission Room, 4034 Fairview Indsutrial Dr SE, Salem, OR 97302
​Rule Advisory Committee (RAC) Meeting ​Wednesday, August 17, 2016; 10:00 AM - 1:00 PM ​City of Newport, City Council Meeting Room, 169 SW Coast Hwy, Newport, OR 97365
RAC Agenda 6-2-16          

SLB Agenda Item​
​​​RAC Agenda 7-12-16   RAC Roster​ ​​ 
​RAC Agenda 8-17-16​ ​RAC Roles & Responsibilities  
  
Written comments can be submitted via email (rules@dsl.state.or.usor by U.S. mail to: Sabrina Foward, Rules Coordinator, 775 Summer Street NE, Suite 100, Salem, Oregon 97301-1279. Comments via telephone cannot be accepted.​​​​  
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