The Department of State Lands is seeking public comment on permanent rulemaking (OAR 141-090) that would update the procedures for making a wetland determination in Oregon and the requirements for wetland delineation reports submitted to DSL. Wetland determinations and delineations help property owners know whether a permit may be required to remove or add materials in Oregon’s wetlands and waters. Consultants with specialized expertise map the exact boundaries of wetlands or other waters on a site and submit these reports to DSL staff for review.
Last updated in 2013, the existing rules do not meet the needs for current practices. A Rulemaking Advisory Committee was convened in October 2022 – January 2023 to advise on the revised draft rule language, representing the interests and expertise of city and county planners, wetland conservationists, engineers, the building industry and more.
The proposed changes will help ensure information submitted is complete, creating more efficient processes for property owners, consultants, and DSL staff. Changes being considered include: clarifications to the process, updates to technical requirements and standards for reports, inclusion of aquatic resources of special concern (for example, bogs, hot springs, kelp beds, and more) in the mapping, and requirements for GIS data. New GIS data submission requirements would follow a staggered timeline to allow consulting firms time to develop their GIS capabilities and spread out any new costs over multiple years. Lastly, the appeal process for requesting an independent review is being updated in response to a law that expired in 2022. The proposed changes are likely to save time and money for property owners and the state by addressing the common reasons projects are delayed.
Final Rule Language
On May 5, 2023, the Department filed the amended rule language with the Secretary of State, which are effective June 1, 2023.
Proposed Rule Language
Notice of Proposed Rulemaking filed with the Secretary of State
Public Comment Period
The public comment period for the proposed rule language was open March 1, 2023, through March 31, 2023, at 5:00 p.m.
Public Rule Hearing and Information Session
A public rule hearing and information session was held via Zoom on March 15, 2023, at 6:00 p.m.
Rulemaking Advisory Committee (RAC) Meetings
RAC Meeting 4 was held via Zoom on Janaury 9, 2023, at 1:00 p.m.
RAC Meeting 3 was held via Zoom on December 6, 2022, at 2:00 p.m.
RAC Meeting 2 was held via Zoom on November 1, 2022, at 2:00 p.m.
RAC Meeting 1 was held via Zoom on October 20, 2022, at 10:00 a.m.