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Pending rules currently open for public comment


DSL is initiating rulemaking to update the statewide compensatory mitigation requirements using a watershed-based approach, and function-based assessment and accounting methods; and to make other non-substantive edits for routine rules maintenance.

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 aims to bring Oregon’s mitigation program into alignment with the federal standard and to provide more successful, sustainable benefits for the environment. Click here ​to go to the Aquatic Resource 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) in February 2019.​

DIV 85, 89, & 93 Final DRAFT Rule with Track Changes​

​DIV 85, 89, & 93 Final DRAFT Rule Changes Accepted - clean copy

DIV 85, 89, & 93 Notice of Proposed Rulemaking and Fiscal Impact Statement​​​​
DIV 85, 89, & 93 Notice of Proposed Rulemaking and Fiscal Impact Statement​​​​​ Supporting Information​

An overview of the proposed changes was provided in a Skype webinar on Nov. 8. Click here ​for the recorded webinar.

The Department will be holding three public hearings during the month of November 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
​Public Comment Period will be from November 1 through 5 PM on December 7, 2018.

There will be an overview of the changes at the beginning of each hearing.

Comment period closes
12/7/2018 5:00:00 PM
If no list appears above, there are currently no rules open for public comment.


MailAnne Friend, Rules Coordinator
775 Summer Street NE, Suite 100
Salem, Oregon 97301-1279

Comments via telephone cannot be accepted.


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