Pending rules currently open for public comment
DIV 85, DIV 89 & DIV 93; Rules to incorporate changes to compensatory mitigation for unavoidable impacts to waters of this state (Aquatic Resource Mitigation Framework) (ARMF)
DIV 85, 89, & 93 Final DRAFT Rule Changes Accepted - clean copy
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 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
- November 20, 2018, 4:30-6 PM
Department of State Lands Building
Land Board Room
775 Summer Street NE
Public Comment Period will be from November 1 through 5 PM on December 7, 2018.
- November 28, 2018, 4:30-6 PM
Hampton Inn & Suites
201 39th Street
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.
Mail: Anne Friend, Rules Coordinator
775 Summer Street NE, Suite 100
Salem, Oregon 97301-1279
Comments via telephone cannot be accepted.