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Proposed Rulemaking

Rules under consideration

The Department of State Lands is conducting 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 proposed rules would close the area to all uses between 10 p.m. and 5 a.m. and prohibit the establishment of campsites or fires at all times. See a map of riverbank segment where restrictions are proposed​.

Review a Draft of the Proposed Rulemaking

DSL filed a notice of proposed rulemaking with the Secretary of State on July 27, 2022.

Proposed OAR 141-088-0240 rule language.

​​​Comment on the Proposed Rulemaking

Public comments on the proposed rulemaking may be submitted August 1 – August 31, 2022.

​Comments can be sent to DSL.Rules@dsl.oregon.gov.

A public hearing on the proposed rulemaking will be held on August 15 at 5:30 p.m. 

Topic: Public Rulemaking Hearing: Restrictions for State-Owned Property on Hayden Island
Time: Aug 15, 2022 05:30 PM Pacific Time (US and Canada) 

Join Zoom Meeting
https://us02web.zoom.us/j/84340358138?pwd=UGlIRDhVMm9UMHAvemRWbGhjZVU0QT09 

Meeting ID: 843 4035 8138
Passcode: 458a.ETu

Join by phone: 1-669-444-9171
Phone passcode: 22808677


​Rulemaking Advisory Committee (RAC) meetings​​

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

Links to the meeting materials are below:



DSL's administrative rules for authorizing special uses (OAR 141-125) on state-owned land have not been thoroughly updated since 2008. However, due to rapid advancements in technology, there is a need to break out two categories, Communications Sites and Renewable Energy, into two separate rule divisions.

The Department is undergoing rulemaking for new administrative rules that authorize communication site facilities on state-owned lands (Division 126). These leases include towers and infrastructure supporting the following communication service types: cellular phone, VHF radio, seismic monitoring, Wi-Fi broadband, amateur radio (HAM), emergency services communications and television.
 
The rule change seeks to address some of the following issues commonly experienced across communication site leases: fluidity in equipment ownership and lease assignments, need to establish a modern fee structure in keeping with the industry, high frequency of sublessees, subcontractors, and complexity with co-locating at communication sites.  The new rules will allow a higher level of detail and adaptability in managing communication sites.​

DSL filed two notices of proposed rulemaking with the Secretary of State on June 17. 
- Proposed OAR 141-126 rules establish seperate administrative rules for communication site facility leases.
- Proposed amendments to OAR 141-125 remove management of communication sites under these rules as communications sites will be managed under OAR 141-126 once the rules are adopted. 

Public Comment
The public comment period was open from July 1, 2022, through July 31, 2022.

Informational Meeting & Public Hearing

July 21, 2022, 5:30­ - 7:00 p.m.

Staff provided an informational overview of the proposed rulemaking and heard testimony until 6:15, at which time the public hearing concluded. View the meeting recording. ​


Reference materials


Rulemaking Advisory Committee (RAC) meetings​​

The 3rd RAC meeting was held via Zoom on October 27th, 2021. Links to the meeting summary and additional meeting materials are below:



The 2nd RAC meeting was held via Zoom on September 14th, 2021. Links to the meeting summary and additional meeting materials are below:



The 1st RAC meeting was held via Zoom on August 24th, 2021.
You can view the RAC roster here and links to the meeting summary and additional meeting materials are below:



Rulemaking meetings and hearings

Contact

Rules Coordinator
Phone: 503-986-5279

775 Summer St. NE
Suite 100 
Salem, Oregon 97301