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DSL Rulemaking Activity

Land Management Division

DIVISION 88 - JONES BEACH RULEMAKING
(Rules adopted by the State Land Board with an effective date of December 1, 2013)
 
This rulemaking will amend the Department’s public recreational use rules relative to state-owned land at Jones Beach, Columbia County.  The Department of State Lands received a request petition on April 9, 2012 to impose restrictions on public recreational use of state-owned land at Jones Beach, citing a number of reasons for the proposed restrictions.  The petition includes photo documentation, and 58 signatures.  The State Land Board directed the Department to initiate rulemaking at the June 12, 2012 meeting.

State Land Board Adopts Rules​ (Effective: December 1, 2013)


The Department held a public hearing at the following location on May 22 at 5:00 P.M.

Clatskanie People’s Utility District   
Community Meeting Room   
495 E. Columbia River Highway    
Clatskanie, OR 97016​
For more information on Jones Beach rulemaking, please contact Chris Castelli, Senior Policy Analyst, (503) 986-5280.

 

 
 DIVISION 88 - CHETCO RIVER RULEMAKING
(Rules adopted by the State Land Board with an effective date of September 1, 2013)
 
This rulemaking will amend the Department’s public recreational use rules relative to state-owned submerged and submersible land in the Chetco River.  On October 20, 2011, the Department received a petition for rulemaking from the Chetco River Watershed Council, pursuant to ORS 183.390 and OAR 137-001-0070.  The petition sought adoption of a rule limiting use of motorized vehicles in the wetted channel of the Chetco River, subject to certain exceptions.  The petition asserted that use of motorized vehicles within the wetted river channel “poses a significant risk of harm and damage to the natural resource of the land and to the public.”  The Department recommended to the State Land Board that it grant the petition and authorize the Department to initiate rulemaking to impose additional restrictions on the public recreational use of state-owned land on the Chetco River as part of the Department’s rules on “Public Recreational Use of State-Owned Property” found in Oregon Administrative Rules at OAR 141-088.  The State Land Board approved this request at the December 13, 2011 meeting.
 

 
DIVISION 145 - WATERWAY REMEDIATION AND RESTORATION RULEMAKING
(Rules adopted by the State Land Board with an effective date of February 1, 2014)
 
The department assembled an advisory committee to help draft new administrative rules governing how DSL should manage authorizations for restoration and remediation activities on state-owned waterways. Committee members represented a wide variety of interests and geographic locations throughout Oregon. Their charge is to help draft rules to facilitate selling or issuing authorizations for these activities on state land; to address how to value the land; and to establish appropriate compensation for various uses or the sale of the land. DSL retained The Mary Orton Company, LLC, to provide convening and facilitation services for the committee. The group met monthly and their meetings were open to the public. For more information: agendas, meeting notes and public meetings.
  






State Land Board Adopts Rules  (Effective Date: February 1, 2014)

 
For additional information regarding Land Management rulemaking please contact:
 
Senior Policy Analyst
Oregon Department of State Lands
775 Summer Street N.E., Suite 100
Salem, Oregon 97301
(503) 986-5280
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Wetland and Waterway Conservation Division

  
DIVISION 89 - RECREATIONAL PLACER MINING RULEMAKING
(New rules effective January 1, 2014)


​​SB 838 (2013 Or Laws, c. 783, section 5(2)), passed by the 2013 Oregon Legislature, pertains to motorized mining and the state’s Removal-Fill Law. 

The legislation requires new restrictions for motorized mining in waters of the state. The restrictions include a minimum 500-foot distance between motorized dredge operations, motorized mining operating hours between 9 a.m. and 5 p.m., and a prohibition against leaving motorized equipment unattended in the waterway. The restrictions do not apply to any mining for which an operating permit has been issued under ORS 517.702 to 517.989. 

The new legislations also puts a limit of 850 on the number of authorizations and permits issued by the Department at any time for the 2014 and 2015 operating seasons. The bill states that the Department shall give priority, to the greatest extent practicable, to those persons who held permits or authorizations for the longest period of time before January 1, 2014. 

The operating restrictions and limit on the number of permits and authorizations apply to any river and tributaries thereof, of which any portion contains essential indigenous anadromous salmonid habitat (ESH), or naturally reproducing populations of bull trout. A link to the map depicting these areas is posted below.

Authorizations for the 2014 and 2015 operating seasons will require a revision to the Department of State Lands’ General Authorization for Recreational Placer Mining within Essential Salmonid Habitat (OAR 141-089-0820 through -0835). Rule revisions include the new operating restrictions and the method by which the Department will implement the limit on the number of authorizations and permits.







Rulemaking hearings were held throughout October at the following locations: Baker City, Salem, and Grants Pass.

For additional information regarding Wetland and Waterway Conservation rulemaking, please contact:
 
Anita Huffman (Staff Contact)
Resource Coordinator
Oregon Department of State Lands
775 Summer Street N.E., Suite 100
Salem, Oregon 97301
(503) 986-5250




DIVISION 102 - ESSENTIAL SALMON HABITAT RULEMAKING

Rulemaking has been suspended for revisions to the maps designating 
ESH (Essential Indigenous Anadromous Salmonid Habitat).  

Through public comments, the Department of State Lands recognized an error in the rendering of the maps available on our website which caused them to differ from our internal maps.  The errors are being corrected and DSL intends to send new notices with the corrected maps.  DSL will hold another public review process in the spring.  We apologize for the inconvenience.  If you have any questions on the process, please contact:

Charles Redon at (503)986-5305 or charles.redon@state.or.us ​


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Fin​​ance and Administration Division

DIVISIONS 141-030/035/040/045
(Rules filed with SOS and Legislative Counsel, effective date February 1, 2014)

The revised rules repeal all references to institutional escheat property which was no longer reportable to the Department when ORS 179.540 was repealed in 1997, and all such property currently being held has been held for more than 10 years and is no longer available for claim.  Other sections of the rules are revised to reflect the current statutory authority and/or remove authority that has been repealed. The revised rules clarify the types of abandoned tangible personal property that are not considered reportable as unclaimed. The revisions provide specific exclusions for willful abandonment of things such as automobiles, furniture, household goods, used clothing, and hazardous materials. The agency and its stakeholders have been able to achieve efficiencies in administration of and compliance with program requirements by advances in technology.  The rules have been revised to reflect the increased use of technology and electronic reporting and record keeping. The Division 35 rules were last revised in December 2003.  The majority of the revisions are intended to provide clarity and improve the readability of the rules. 


Draft Rules:

RULEMAKING HEARING: A rulemaking hearing was held Wednesday, December 18, 2013 at 3:00 PM, Department of State Lands, Land Board Room, 775 Summer Street NE, Salem 97301.

For additional information regarding Estates and Unclaimed Property rulemaking, please contact:

Cyndi Wickham​, Assistant Director
Oregon Department of State Lands
775 Summer Street N.E., Suite 100
Salem, Oregon 97301
(503) 986-5227


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