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Recently Adopted Rules

The following list provides information about rulemakings that took place during the past two years. Rulemaking records prior to 2019 are available via public records request

The Department recently amended rules governing revisions to the Essential Salmonid Habitat (ESH) map, revising the process for future map updates. The new rules and map became effective on May 14, 2021, view the 2021 ESH map​ and the permanent rule filing (click here​ for a "tracked changes" version​). 

View the Notice of Proposed Rulemaking​​​, which includes the rule draft and fiscal impact statement. Learn more about ESH​, Removal-Fill Permitting​, and how to submit an ESH review request form to DSL.

View public comments and ESH designation review requests received by the agency​​, including the agency's response to comments and review requests.  

The public comment period for the proposed rule change opened on February 2, 2021, and closed on March 19, 2021 at 5:00 p.m. Please note that the close date was changed due to the agency receiving a formal request to extend the comment period. Two public hearings were held on February 16 and 17, 2021.

Informational Meeting & Public Hearing 1
February 16, 2021, 3:00-4:00 p.m.

Staff provided an informational overview of ESH and heard testimony until 3:30, at which time the public hearing concluded. View the meeting record​ing.

Informational Meeting & Public Hearing 2
February 17, 2021, 5:00-6:00 p.m.

Staff provided an informational overview of ESH and heard testimony until 5:35, at which time the public hearing concluded. View the meeting recording​​

RAC Meetings

The Department held four rule advisory committee (RAC) meetings between September and December of 2020. To watch recordings of the RAC meetings, visit DSL's YouTube channel.

The first RAC meeting was held on September 22. Meeting materials include the RAC roster​​​​​​​​​​​,​​ the meeting agenda, a presentation on the project purpose and scope​, and an ODFW presentation on the Oregon Fish Habitat Distribution and ESH​. The meeting summary is available here​.

The second RAC meeting was held on October 7. View the meeting agenda, a 2014 informational handout, a presentation on current ESH map updates, and a presentation on future ESH map updates​. The meeting summary is available here.

The third RAC meeting was held on November 4. Meeting materials include an agenda​ and a fact sheet describing the scope of the rulemaking. View the meeting summary.

The fourth RAC meeting was held on December 10. View the meeting agenda, draft rule, draft fiscal impact statement​, and a synopsis of the rulemaking. The meeting summary is available here​.

​DSL conducted rulemaking to extend the Vernal Pool General Permit expiration date from January 1, 2021 to January 1, 2026. The General Permit option was developed by the agencies that regulate earth moving in vernal pool wetlands: the Oregon Department of State Lands, the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service.

Vernal pools are a type of seasonal wetland in Jackson County that supports three federally listed rare species. Projects meeting the criteria may secure wetland and Endangered Species Act permits faster than the usual individual permit and consultation process. View frequently asked questions on vernal pools here​​.

The Notice of Proposed Rulemaking​ was filed on September 25 with the Secretary of State. A public hearing was held on October 20, 2020 from 4-5 p.m. via Zoom. Listen to the hearing recording here. The public comment period ran from October 1 through November 1, 2020; view the public comments received by DSL​. The final rule was filed on November 4, 2020, and became effective on December 1, 2020. View the SOS permanent filing receipt​.

The Department of State Lands (DSL) conducted rulemaking to restrict the recreational use of state-owned land on the banks​ of the Columbia River between river mile 102 to 106 (Hayden Island to the north side and Marine Drive to the south side) and river mile 120 to 121 (Sandy River Delta), and along the Oregon Slough (also known as the North Portland Harbor Channel) between river mile 0 to 2.5, in Multnomah County. See a map of the proposed are​as here​. 

All uses are prohibited in these areas between 10 p.m. and 5 a.m.; campsites and fires are prohibited at all times. 

The restrictions are designed to protect against (1) the loss of, or damage to property; (2) the loss of, or damage to natural resources and the environment; (3) degradation of water quality; and (4) loss of, or damage to riparian vegetation and wildlife habitat.

DSL held one Rule Advisory Committee (RAC) meeting on May 13, 2020 from 1:00-2:00 PM. View the agenda​ and RAC roster here. 

The Notice of Proposed Rulemaking was filed with SOS in May 2020. One public hearing was held remotely over Zoom on June 17, 2020, from 4:30-5:30 PM. The public comment period closed on July 1, 2020. 

The rule was approved by the State Land Board at their August 11, 2020 meeting, and went into effect on September 21, 2020. View the permanent filing receipt here.

DSL conducted rulemaking allowing the Oregon Ocean Science Trust (OOST) to work with private, nonprofit organizations for fundraising purposes, resulting from SB 753 (2019) (ORS 196.570). Though the OOST is a separate entity from DSL, we provide administrative support to the seven-member Trust, which includes rulemaking activities.

DSL filed a temporary rule effective March 1, 2020, and initiated the permanent rulemaking process by holding two Rule Advisory Committee (RAC) meetings. The meetings, held on April 23 and May 8, 2020, gave the RAC the opportunity to provide input on the permanent change.


DSL filed the Notice of Proposed Rulemaking with Secretary of State at the end of May, marking the beginning of the public comment period on June 1. One public hearing was held remotely on June 16, 2020, from 4:30-5:30 PM. The public comment period closed on July 1, 2020. 

The rule change was approved by the Oregon Ocean Science Trust at their July 10 meeting, and was filed permanent in July, effective August 15, 2020.


DSL conducted rulemaking to restrict the recreational use of state-owned land on the banks​ of the Willamette River from River Mile 1 to 11 in Multnomah County, Oregon. 

All uses are prohibited between 10 p.m. and 5 a.m.; camping and fires are prohibited at all times.

The restrictions are designed to protect against (1) the loss of, or damage to property; (2) the loss of, or damage to natural resources and the environment; (3) degradation of water quality; and (4) loss of, or damage to riparian vegetation and wildlife habitat.

DSL held one Rule Advisory Committee (RAC) Meeting in August 2019, in Portland, Oregon. View the meeting agendasummary, and RAC roster.​​​​

Two public hearings were held in October 2019, in Portland and Salem. The public comment period closed on October 31, 2019. The rule change was approved by the State Land Board at its December 2019 meeting.​ View the final rule here.​ ​

The Department of State Lands (DSL) conducted rulemaking to restrict the recreational use of state-owned banks and islands on the Willamette River within Eugene city limits, Lane County, Oregon. 

All uses are prohibited in these areas between 10 p.m. and 5 a.m; camping and fires are prohibited at all times.

The restrictions are designed to protect against (1) the loss of, or damage to property; (2) the loss of, or damage to natural resources and the environment; (3) degradation of water quality; and (4) loss of, or damage to riparian vegetation and wildlife habitat.

DSL held two Rule Advisory Committee (RAC) Meetings in Eugene, Oregon.  View the RAC roster here.


Two public hearings were held in October 2019, in Eugene and Salem. The public comment period closed on October 31, 2019. The rule change was approved by the State Land Board at its December 2019 meeting. View the final rule here.

The South Slough National Estuarine Research Reserve (South Slough Reserve; Reserve; SSNERR) proposed a permanent rule change to allow commercial guiding companies to operate within the Reserve through a permitting process overseen by the SSNERR’s Management Commission.

The restriction is designed to protect against unregulated use of the Reserve for commercial gain and establish permit requirements to meet the SSNERR's management goals:

1) Maintain the integrity of the estuary;

2) Protect the estuary from uses, both within ​and beyond its boundaries, that may alter or affect the ecosystem and its natural dynamic processes; and

3) Preserve the area for long-term scientific and educational uses.

Permitting commercial guides to offer these experiences within the scope of the permit requirements will expand education and outreach opportunities for the public while also protecting the Reserve’s ​​natural and cultural resources and fostering a sentiment of stewardship of public lands.

The South Slough Reserve held a rule advisory committee (RAC) meeting in August 2019. View the meeting packet​meeting summary​​, and RAC roster.​

A public hearing was held on October 29, and the public comment period closed on October 31, 2019. View the final rule here.​

DSL conducted rulemaking to include administrative procedures to ensure military medals and related ​militaria are safeguarded and returned to the service member, their descendants, or other appropriate custodians.

The rule change addressed the following administrative actions:

1. Create a public webpage including photographs and relevant information to make it easier for the service member or their descendants to seek and recover military medals and related militaria.

2. Outline the requirements and methods used to transfer medals and related militaria to designated custodians.
  • Qualified military veterans’ organizations
  • State or federal agency
  • The Oregon Military Museum​
3. Define the investigation methods DSL will use to identify the service member who earned the medal.

4. Create the claim requirements for the original box owner, a service member, or their descendants to successfully recover the medal and associated militaria.

5. Create criteria on any safekeeping fees owed to a financial institution that reported the contents as reimbursable before recovery of the medal is allowed.​

​DSL held three RAC meetings in January-March 2019. View the RAC roster here. One public hearing was held on May 21, 2019, from 5:00-6:30 P.M. in Salem, Oregon. The public comment period was held May 1-May 31, 2019.​

SOS Notice of Proposed Rulemaking (including the statement of need and fiscal impact). 

View the SOS final permanent filing, including the final rule language. ​​

The Department of State Lands (DSL) conducted rulemaking to create clear definitions and procedures to (1) locate owners of U.S. Savings Bonds, (2) se​ek court approval to cash in matured U.S. Savings Bonds after three years, and (3) post the bond proceeds to the owner’s accounts.

The rules addressed the following administrative actions:

1. ​​Develop a strategy to locate owners or their descendants, and return their U.S. Savings Bonds during a three-year period before escheatment by:

  • Creating a webpage to educate the public, enable them to search for U.S. Savings Bond owners, and provide a way to file a claim for the bonds;
  • Planning public outreach efforts designed to provide any interested parties the opportunity to search for and recover U.S. Savings Bonds; and
  • Ensuring the outreach strategy meets the due process requirements of escheatment.​

2. ​Develop an escheatment timeline and process with Marion County Courts.

3. ​Work w​ith U.S. Treasury to develop th​e process and paperwork needed to cash in matured escheated U.S. Savings Bonds.

4. ​Post the proceeds of escheated bonds to the owner’s account so petitions can be made against the funds.

DSL held three RAC meetings in January-March 2019. View the RAC roster here. One public hearing was held on May 21, 2019, from 5:00-6:30 P.M. in Salem, Oregon. The public comment period was held May 1-May 31, 2019.

SOS Notice of Proposed Rulemaking (including the statement of need and fiscal impact). 

View the SOS final permanent filing, including the final rule language. ​


DSL conducted rulemaking to update the statewide compensatory mitigation requirements using a watershed-based approach and function-based assessment and accounting methods, and implement routine rules maintenance. The rules became effective on April 1, 2019.

The rule change stemmed from a federal rule adopted in 2008 – the Final Compensatory Mitigation Rule – which promoted a watershed- and function-based approach to compensatory mitigation. Studies show that requiring acreage-based mitigation leads to an overall loss of functions and values of aquatic resources across the nation. This rule change brought Oregon’s mitigation program into alignment with the 2008 rule and provided more successful, sustainable benefits for all aquatic resources across the state. Existing exemptions were not affected.

The new approach to compensating for wetland and stream losses was collaboratively implemented by DSL, U.S. Army Corps of Engineers-Portland District (Corps) and U.S. Environmental Protection Agency-Region 10 (EPA) as provided in the Special Joint Public Notice​ of Change to Wetlands and Stream Mitigation in Oregon.

The Department held three public hearings in November 2018, in Bend, Salem, and Astoria. The public comment period ran from November 1-December 7, 2018. View the final filing receipt here.​​

DSL amended these rules to differentiate 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 was to:
  • Accommodate statutory and rule changes stemming from HB 2460 (2015) and the adoption of OAR​ 141-145​;
  • Update the general provisions to reflect current agency practices;
  • Align with Oregon Department of Justice recommendations; and
  • Review and update the administrative procedures and compensation formulas for issuing easements.

View the Non-Trust VS Trust Lands PowerPoint​ for background information on the administrative rule change.

The Department held three public hearings in August 2018, in Ontario, Bend, and Salem. DSL presented reccommendations to the State Land Board in December 2018 to finalize the rule. View the SOS permanent filing receipt here.




Contact

Rules Coordinator
Phone: 503-986-5279

775 Summer St. NE
Suite 100 
Salem, OR 97301

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