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Recently Adopted Rules

Description

DSL is in the process of amending these rules and differentiating 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 is to:

  • Accommodate statutory (including HB 2460, and rule changes (including the adoption of OAR 141-145 that have occurred in the past several years,
  • Update the general provisions section to reflect the current practices of DSL,
  • Complete rule language changes recommended by the Oregon Department of Justice,
  • Review and update the administrative procedures for reviewing and issuing easements, and
  • Review and update the compensation formulas for issuing easements.

DSL held 3 public hearings in August. DSL will present reccommendations to the Land Board in December to finalize the rule.

Hearing locations were:

Public Hearing #1
Aug. 21, 2018 
4 pm to 6 p
m
Clarion Inn, Lewis and Clark Room
1249 Tapadera Ave., Ontario, Oregon

    Public Hearing #2
    August 22, 2018
    4 pm to 6 pm
    Deschutes County Road Department
    61150 SE 27th St., Bend, Oregon

    Public Hearing #3
    August 28, 2018
    4 pm to 6 pm
    Dept. of State Lands, Land Board Room
    775 Summer Street NE, Salem, Oregon

    Status
    Adopted
    Document
    Description

    Revisions to the rules for the General Authorization (GA) for Recreational Placer Mining within ESH are needed to achieve consistency with Senate Bill 3 (2017) and to streamline the process for administering removal-fill permits, reduce paperwork, increase certainty and timeliness, and enhance resource protection. To meet these needs, DSL is modifying rules under OAR Chapter 141, Division 89 to change the rule titles, purpose, eligibility requirements, authorized activities, and activity-specific conditions of the General Authorization for Recreational Placer Mining.

    The expiration and no-transfer provisions were developed as part of a recent rulemaking pertaining to the placer mining GA. Due to an error, the expiration and no-transfer provisions were not properly noticed prior to the public hearing and comment period for those rules and could not be adopted as permanent rules. DSL adopted the expiration and no-transfer provisions as temporary rules. DSL is undertaking this rulemaking to adopt the expiration and no-transfer provisions as permanent rules.

    Comments were accepted through 5 pm on June 21, 2018.

    Final Rule​

    Status
    Adopted
    Document
    Description

    DSL has updated the statewide compensatory mitigation requirements using a watershed-based approach, and function-based assessment and accounting methods; and made other non-substantive edits for routine rules maintenance. New rules will take effect on April 1, 2019.

    We are changing our policy because in 2008, the federal government adopted a new rule – the Final Compensatory Mitigation Rule – which promotes a watershed- and function-based approach to compensatory mitigation. Studies show that the current practice of requiring acreage-based mitigation is leading to an overall loss of functions and values of aquatic resources across the nation. The new mitigation framework brings Oregon’s mitigation program into alignment with the 2008 Rule and provides more successful, sustainable benefits for all aquatic resources across the state. Existing exemptions are not affected. Click here ​to go to the Aquatic Resources Mitigation Framework website.

    This new approach to compensating for wetland and stream losses will be collaboratively implemented by DSL, US Army Corps of Engineers-Portland District (Corps) and US 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 during the month of November 2018 at the following locations:

    November 15, 2018, 4:30-6 PM
    Deschutes County Road Department
    Large Conference Room
    61150 SE 27th
    Bend, Oregon

    November 20, 2018, 4:30-6 PM

    Department of State Lands Building
    Land Board Room
    775 Summer Street NE
    Salem, Oregon

    November 28, 2018, 4:30-6 PM

    Hampton Inn & Suites
    201 39th Street
    Astoria, Oregon

    The public Comment Period was from November 1 through 5 PM on December 7, 2018.

    Final Rules​

    Status
    Adopted
    Document
    Description

    The Department of State Lands has concluded rulemaking to codify the requirements of recent administrative and legislative actions affecting the placement of ocean renewable energy devices in the territorial sea. These actions include adoption of Part 5 of the Territorial Sea Plan by the Land Conservation and Development Commission; enactment of HB 2694 (2013) – establishing seafloor data sharing requirements; enactment of SB 606 (2013) – amending financial assurance and civil penalty statutes for ocean renewable energy projects; and enactment of SB 319 (2015) refining the Department’s regulatory and proprietary roles in siting ocean renewable energy projects. SB 319 specifically requires the Department to convene a committee to assist in evaluating whether to establish by rule a general permit under ORS 196.816, or grant by rule a general authorization under ORS 196.850, for ocean renewable energy facilities that are used as components of research projects or demonstration projects that produce ocean renewable energy.​ Public Hearings were held on June 20, 21 & 28, 2017 & July 6, 2017 around the state. ​Final rule is being presented to the State Land Board on October 17th at DSL.

    Final Rule SOS​

    ​​
    Status
    Adopted
    Document
    https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=368

    Contact

    Anne Friend
    Rules Coordinator
    Phone: 503-986-5245

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