Economic Recovery Review Council: Department of State Lands (DSL)
Senate Bill 766 created the Economic Recovery Review Council, with the DSL director serving as one of five members. The ERRC administers programs to foster industrial development in Oregon, and coordinates permit processes among member state agencies. Learn more about the Council and the programs it administers.
DSL’s primary role in industrial development is issuing removal-fill permits for impacts to wetlands and waterways. The ERRC program relevant to removal-fill permitting is the expedited permitting program for Industrial Development Projects of State Significance. Qualification for, and approval as, an Industrial Development Project of State Significance involves two steps:
- Filing a Notice of Intent with the Council
- Filing an Application for a Project Certificate with the Council
DSL Requirements for the Notice of Intent
A Notice of Intent must include a current DSL-approved wetland determination for the project site. If you do not have a DSL determination for the site, submit a Wetland Determination Request Form to DSL. To receive expedited handling, be sure to indicate the request is for the Industrial Development Projects of State Significance program. You will receive a completed determination report in approximately 10 days. Attach this report to your Notice of Intent as Exhibit G. If you already have a DSL-concurred wetland delineation report for the site, you do not need to submit a wetland determination request. Simply attach the DSL concurrence letter and delineation map as Exhibit G.
DSL Requirements for the Application for a Project Certificate
If a project is determined by the Council to qualify as an Industrial Development Project of State Significance, the proponent will then apply for a Project Certificate. The Application for a Project Certificate includes, as one element, DSL’s Joint Permit Application form. The Joint Permit Application must be completed when the proposed project involves removal-fill activity in wetlands or waterways. Resources to assist applicants in preparing the Joint Permit Application include:
Joint Permit Application (JPA)
Instructions for Completing the JPA
Joint Permit Application Completeness Checklist
Compensatory Wetland Mitigation Plan Completeness Checklist
Contact DSL’s Industrial Development Projects Liaison
The completed application for a Project Certificate is submitted to the Oregon Business Development Department (OBDD) which staffs the Council. OBDD will then forward the Joint Permit Application to DSL for priority review. The application is subject to a completeness review. An incomplete application will be returned to the applicant with an explanation of deficiencies and instructions for refiling. DSL may, at its discretion, circulate complete applications for public review. This public review is separate from the public hearing process conducted by the Council for the Project Certificate. After the Council’s public hearing, DSL will provide its recommendation to OBDD on whether the project meets the standards and criteria for a removal-fill permit. If yes, DSL will provide recommendations for conditions of approval to include in the Project Certificate. The Council will make the Project Certificate decision within 120 days of application filing. A final removal-fill permit will be issued to the applicant within 10 days of the Council approving a Project Certificate.