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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 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.
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 were proposed​.

Final Rule Language
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 Permanent Rule Filing

Proposed Rule Language
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 Period
See public comments received by the Department.

Public Hearing and Information Session
A public hearing on the proposed rulemaking was held on August 15, 2022. View the meeting recording.​

​Rulemaking Advisory Committee (RAC) meetings​​
The rulemaking advisory committee meeting was held on July 7, 2022.

​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 record​ing.

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

​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.

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.


Danielle Boudreaux
Rulemaking Coordinator
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