Recently Adopted Rules

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

The Department of State Lands conducted rulemaking to restrict public use of approximately 500 yards of the bank of the Columbia River along the north side of Hayden Island, between river mile 106 and 107, east of a navigational pile dike and west of the I-5 Oregon/Washington bridge.

The rule closes the area to all uses between 10 p.m. and 5 a.m. and prohibits the establishment of campsites or fires at all times. See a map of riverbank segment where restrictions are proposed.

Rule Adoption

On October 11, 2022, the State Land Board approved the rule for adoption. OAR 141-088-0240 was filed and became effective on November 1, 2022. Read the Permanet Rule Filing

Draft of the Proposed Rulemaking
DSL filed a notice of proposed rulemaking with the Secretary of State on July 27, 2022. Read the proposed OAR 141-088-0240 rule language.

Public Comment on the Proposed Rulemaking
See public comments received by the Department.

Public Hearing
A public hearing on the proposed rulemaking was held on August 15 at 5:30 p.m. View the meeting recording.

Rulemaking Advisory Committee (RAC) meetings

The rulemaking advisory committee meeting was held on July 7, 2022 at 2 p.m. Read the meeting materials:

RAC Meeting Summary

RAC Meeting Agenda

RAC Operating Principles

DRAFT OAR 141-088 Administrative Rules
Fiscal Impact Statement

DSL concluded rulemaking to transfer the Trust Property program to Oregon State Treasury (OST) as directed by Senate Bill 454 (2019). To transfer administrative rules between agencies, DSL repealed Trust Property rules while OST adopted new rules. View DSL's permanent filing reciept and OST's permanent filing receipt.

DSL filed the Notice of Proposed Rulemaking with the Secretary of State on April 27.

Public Comment

The public comment period opened on April 30, 2021 and closed on May 28, 2021.

Informational Meeting and Public Hearing

A public hearing was jointly administered by DSL and OST on May 24, 2021 from 10:00-11:00 AM. No attendees were present to provide testimony.

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.

Public Comment
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. The close date was changed due to the agency receiving a formal request to extend the comment period.

Informational Meetings and Public Hearings

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 recording.

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.

Rulemaking Advisory Committee (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.

RAC Meeting 1
Held on September 22, 2020.
RAC roster
Meeting 1 agenda
Meeting 2 summary
DSL presentation on project purpose and scope
ODFW presentation on Oregon Fish Habitat Distribution and ESH

RAC Meeting 2
Held on October 7, 2020.
Meeting 2 agenda
Meeting 2 summary
2014 informational handout
Presentation - Current ESH map updates
Presentation - Future ESH map updates

RAC Meeting 3
Held on November 4, 2020
Meeting 3 Agenda
Meeting 3 summary

Rulemaking Fact sheet

RAC Meeting 4
Held on December 10, 2020.
Meeting 4 agenda
Meeting 4 summary
Draft rule
Draft fiscal impact statement
Synopsis of the rulemaking

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.

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.

RAC Roster

RAC Agenda 1

RAC Agenda 2

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.

Rulemaking Comments Received

SOS Permanent Filing