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Proposed Rulemaking

Rules may be adopted, amended, repealed, suspended, or renumbered through a process known as rulemaking. The rulemaking process is designed so there are several opportunities for communities to provide feedback on a proposed rule: 
  • A Rulemaking Advisory Committee (RAC), representing those who are likely to be affected by the rule, is convened to give input on the draft rules, fiscal impact statement, and racial equity statement.
  • Tribal governments are invited to be involved with rulemaking that may affect Tribal members or resources of interest. 
  • Community members are invited to attend RAC meetings and to weigh in on the rule, and may provide written comment or testify during a public hearing.

Attend a RAC meeting

Rulemaking Advisory Committee meetings are open to the public. Community members may attend committee meetings as observers but not to actively participate on the agenda items. The committee may designate time on the agenda to hear comments from the public as time allows. At a later date, after the RAC has concluded, DSL will invite public comments on the proposed rules and will hold a public hearing, prior to consideration and adoption. See here for guidance on public participation in advisory committee meetings.

Rules under consideration

Current Status: Under review with a Rulemaking Advisory Committee to provide input on the draft rules and advise on the fiscal impacts and racial equity impacts of the proposed rules.​

On August 8, 2023, the Department requested and received approval from the State Land Board to initiate a rulemaking process, within OAR 141-088, to explore permanently restricting vehicle use and discharge of firearms. This restriction is regarding public use of state lands at Sandy River Delta, including approximately 50 acres of natural area east of the Sandy River, the Sandy River riverbank from mile 0 to 2.5, and the Columbia River Side Channel riverbank. Sandy River Delta partners support both the emergency restrictions and DSL exploring permanent restrictions. Learn more in the memo prepared for the Land Board's approval to initiate the rulemaking process on August 8, 2023.

​Rulemaking Advisory Committee

The RAC meeting will be held via Zoom on October 2, 2023, at 11:00 a.m. Please see below for the meeting materials, including how to join in the agenda.

RAC Agenda​​​
​Draft Rule Text​​​
Draft Need for the Rules​​​
Draft Racial Equity Statement​​​
​Draft Fiscal Impact Statement​

Current Status: Public comments are being reviewed following the close of the public comment period. Subsequently, this will be brought before the State Land Board at a future meeting​ for a decision.

The Department is initiating rulemaking to adopt a permanent rule that will restrict public access to Crump Lake, in Lake County, during times when the dry lakebed is exposed to protect cultural and natural resources. 

Frequent droughts have dried up the lakebed of Crump Lake during the summer and increasingly extending into dry years. Since 2014 DSL has received reports from State Police, local Tribes, and residents regarding property damage as well as vandalism of and looting of significant cultural artifacts, enabled by the low water conditions which expose the lakebed. DSL Directors have implemented multiple emergency closures of the lake to all public uses during low water conditions, most recently in July of 2022. Those temporary closures have helped to reduce negative impacts. Learn more in the memo prepared for the Land Board's approval to initiate the rulemaking process on February 8, 2023.

Proposed Rule Language
A notice of proposed rulemaking has been published by the Secretary of State on July 1, 2023.

Notice of Proposed Rulemaking with Proposed Rule

Rulemaking Comment Period
The rulemaking comment period was open from July 1, 2023 through July 31, 2023. 

Public Hearing and Information Session
A hybrid public meeting was held on Wednesday, July 26, 2023 at 2:00 p.m.

Public Hearing Presentation

​ Public Hearing Recording​

​Rulemaking Advisory Committee (RAC)
RAC Roster​​

RAC Meeting 2
A RAC meeting was held on May 24, 2023, both via Zoom and in-person at Memorial Hall in Lakeview, OR. 

RAC Meeting 2 Agenda
RAC Meeting 2 Draft Rule Language
RAC Meeting 2 Draft Map
RAC Meeting 2 Summary​
RAC Meeting 2 Recording​​

RAC Meeting 1
A RAC meeting was held on April 11, 2023, both via Zoom and in-person at the BLM Lakeview District office.

RAC Meeting 1 Agenda
RAC Meeting 1 Draft Rule Language
RAC Meeting 1 Presentation
RAC Meeting 1 Summary
RAC Meeting 1 Recording​​​
Current Status: Under review with a Rulemaking Advisory Committee to provide input on the draft rules and advise on the fiscal impacts and racial equity impacts of the proposed rules. ​

Work requiring the addition or removal of materials from wetlands and rivers, streams, lakes, or other waters usually requires a removal-fill permit. Projects with minimal anticipated impacts to wetlands or waters may be eligible for a general authorization without a permit. Oregon Administrative Rules (OAR) Division 141-089 outline the issuance and enforcement of general authorizations within waters of this state. 

Pursuant to Oregon Revised Statutes (ORS) 196.850, the Department is required to review each general authorization adopted by rule every five years, modifying, reissuing, or rescinding the general authorizations as needed. During its most recent review, the Department determined that revisions of the rules in Division 141-089 were necessary to promote habitat improvement, reflecting current scientific research; modify the existing general authorizations to increase usability; and remove general authorizations that are not being used or are duplicative.

Rulemaking Advisory Committee (RAC)

RAC Meeting #5
A RAC meeting was held on September 14, 2023, at 1:00 p.m. 

RAC Meeting #4
A RAC meeting was held on August 17, 2023, at 1:00 p.m. 

RAC Meeting #3
A RAC meeting was held on July 20, 2023, at 1:00 p.m. 
RAC Meeting #2
A RAC meeting was held on June 22, 2023, at 1:00 p.m. 
Draft Rule Text for Discussion
Crosswalk: Sediment Behind Tidegates GA
Crosswalk: Transportation GA
RAC Meeting #2 Summary
RAC Meeting #2 Recording​

Current Status: Administration of the proposed rule language is under review with the Department of Justice. This page will be updated with more information regarding next steps for Land Board review.

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.​​

Final Rule Language
DSL issued changes to proposed rule language, pursuant to public comment, in March 2023. 

Proposed Rule Language
DSL filed two notices of proposed rulemaking with the Secretary of State on June 17, 2022.
- 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 Period
The public comment period was open from July 1, 2022, through July 31, 2022. View public comment received by the agency.

Changes to Draft Rule Language​ Pursuant to Public Comment
 (March 2023)​
​
Public Rule Hearing and Information Session

On July 21, 2022, staff provided an informational overview of the proposed rulemaking and heard testimony. View the meeting recording. ​

Reference materials

Rulemaking Advisory Committee (RAC) meetings

RAC Meeting 3 was held via Zoom on October 27, 2021. 

RAC Meeting 1 was held via Zoom on August 24, 2021. 

Contact

Danielle Boudreaux
Rulemaking Coordinator
503-798-6846
dsl.rules@dsl.oregon.gov
Subscribe to receive updates on rulemaking comment opportunities:


Resources

   Public Meetings Calendar

   Submit public comment online

   Current and past rulemaking advisory committee meetings

   Secretary of State: Administrative Rules

   Learn about the accessibility of our documents and meetings.