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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:​

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. Due to strong public interest, the Department is extending the public comment period for this rulemaking effort. Written comments will be accepted by the Department until 5:00 pm, Sunday, January 31, 2016. The extension is at the request of stakeholders, and will provide a reasonable opportunity for interested persons to review the draft rules and associated materials.

Public Hearing Wednesday, December 16, 2015; 5:00 PM - 7:00 PM Judge Guy Boyington Building, 857 Commercial St, Astoria, OR
Public Hearing Thursday, December 17, 2015; 5:00 PM - 7:00 PM ​Coos Bay City Hall, Council Chambers, 500 Central Ave, Coos Bay, OR ​​
Informational Public Meeting-Q&A Tuesday, January 26, 2016; 5:00 PM - 7:00 PM Judge Guy Boyington Building, 857 Commercial St, Astoria, OR
​Notice​ ​Fiscal Impact​ ​DIV 67 Amended Rule    DIV 68 Draft Rule​
​Press Release ​SB 912​​ RAC Summary​​
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. ​​

Rule Advisory Committee (RAC) Meeting Thursday, Nov 19, 2015; 
​9:00 AM​ - 12:00 PM

State Lands Building, 775 Summer St NE, Salem, OR 97301; Mill Creek Room
​Rule Advisory Committee
(RAC) Meeting
​Friday, Dec 18, 2015;
9:00 AM - 12:00 PM​
State Lands Building, 775 Summer St NE, Salem, OR 97301; Mill Creek Room
​Rule Advisory Committee
(RAC) Meeting
​Friday, January 29, 2016; 9:00 AM - 12:00 PM State Lands Building, 775 Summer St NE, Salem, OR 97301​; Mill Creek Room
RAC Mtg Agenda 11-19-15 ​RAC Mtg Summary  ​RAC Roster
​RAC Mtg Agenda 12-18-15 RAC Mtg Summary 12-18-15 ​Draft Rules​
RAC Mtg Agenda 1-29-16​ ​RAC Mtg Summary 1-29-16
​DIV 93 RULES GOVERNING THE DEVELOPMENT OF A NEW GENERAL PERMIT FOR ​NAVIGATIONAL ACCESS MAINTENANCE DREDGING.​​​
The Department of State Lands has initiated rulemaking to creat 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. 
Rule Advisory Committee (RAC) Meeting Friday, December 4, 2015; 10:00 AM - 12:00 PM State Lands Building, 775 Summer St NE, Salem, OR 97301; Mill Creek Room
​Rule Advisory Committee 
(RAC) Meeting
Friday, January 22, 2016; 10:00 AM - 12:00 PM State Lands Building, 775 Summer St NE, Salem, OR 97301; Mill Creek Room
​Rule Advisory Committee (RAC) Meeting ​Friday, February 26, 2016; 10:00 AM - 12:00 PM State Lands Building, 775 Summer St NE, Salem, OR 97301; Mill Creek Room
RAC Mtg Agenda 12-4-15
Mtg Minutes (audio available upon request) ​RAC Roster     ​RAC Roles
​​RAC Mtg Agenda 1-22-16​
Mtg Minutes (available upon request)​ ​Draft Rules​​​​     Permit Options​
​RAC Mtg Agenda 2-26-16​
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 (DSL) is initiating permanent rulemaking to extend to January 1, 2021, the State General Permit for Impacts to Vernal Pool Wetlands and Other Waters of the State in Jackson County, Oregon.  This rule, in OAR 141-093, will expire on April 1, 2016. The purpose of this General Permit is to provide an expedited authorization 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. Proposed changes include minor alterations to the General Permit, including extending the expiration date. The public comment closed Jan 19, 2016.  
Public Meeting
Friday, December 18, 2015; 2:30 PM
Lane County Public Works Dept, Willamette Building, Goodson Room, 3040 N Delta Hwy, Eugene OR 
Draft Rule Fiscal Impact​​
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 filed a temporary rule that will take effect on Jan. 2, 2016.  The rule clarifies the process for determining eligibility for the general authorization and removes certain limitations on placer mining that were established for the period ending Jan. 2, 2016. The agency will be conducting permanent rulemaking and taking public comment starting in March or April 2016.  The permanent rule will go into effect no more than 180 days from the date of this filing. If any new legislation results from the 2016 legislative session that affects how placer mining is regulated in Oregon, the permanent rules will address these changes.​

Temp Rule Need/Justification SOS Filing Cert​
​​
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 review must include public notice and opportunity for public hearings. The review report, which contains recommendations for changes to the current general authorizations and general permits. The public comment period closed February 5, 2016.

Public Hearing Thursday, January 21, 2016; ​2:30-3:30 PM​ State Lands Building, 775 Summer St NE, Salem, OR 97301; Mill Creek Room
​​ ​Draft Recommendations​
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, 775 Summer St NE, Salem, OR 97301; Land Board Room
RAC Agenda 1-19-16​​​ ​RAC Roster RAC Rules​        
​RAC Agenda 2-19-16
​​Special Use Rules / Geothermal Resources​
The Department of State Lands repealed the administrative rules governing the exploration for and development of geothermal resources (OAR 141-075-0010 through OAR 141-075-0575). The content of these rules were added to the special use rules to include the exploration for and the development of geothermal resources (OAR 141-125). The State Land Board adopted the proposed rules at their meeting on October 13, 2015, see the link below. 
​Land Board Adoption​
  
Written comments can be submitted via email (rules@dsl.state.or.usor by U.S. mail to: Sabrina Owings, Rules Coordinator, 775 Summer Street NE, Suite 100, Salem, Oregon 97301-1279. Comments via telephone cannot be accepted.​​​​  
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