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DSL is beginning 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:
DSL will be holding 4 RAC meetings starting in January 2018.
The fourth meeting is scheduled for Tuesday, May 8, 2018, 8:30AM - 12:30PM at the State Land Board Meeting Room, 775 Summer Street NE, Salem, Oregon.
DIV 122 DRAFT RuleDIV 123 DRAFT RuleRAC RosterNon-Trust VS Trust Lands PowerPoint
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.
Members of the public may
send comments via mail or email during the public comment period which ends Thursday,
June 21, 2018 at 5:00 p.m. Please submit comments using the comment form below or by mailing:
Anne Friend, Rules Coordinator
775 Summer Street NE, Suite 100
Salem, Oregon 97301-1279
Final DRAFT Rule with Track ChangesFinal DRAFT Rule Changes Accepted - clean copyFiscal Impact Statement
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
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 Draft RuleDIV 85 Rule ChangesDIV 85 RAC Roster
Current RAC Meeting Agenda
This rulemaking is on hold indefinitely. The Department of State Lands has initiated rulemaking to create a new removal-fill General Permit (OAR 141-093) for certain activities involving the placement of materials or structures in waterways for the purpose of promoting the reconnection of waterways with their historic floodplains.
DIV93 Ocean Energy GP Fiscal ImpactDIV 93 Ocean Energy GP DraftDIV 93 Draft Rule Public
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