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