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Proposed Rulemaking

Rules under consideration

The Department of State Lands is initiating rulemaking to update the procedures for making a wetland determination and the requirements for wetland delineation reports submitted to the Department (OAR Division 141-090). These rules establish standards and procedures by which the Department of State Lands makes jurisdictional determinations of wetlands and other waters of this state. These rules also establish minimum standards for wetland delineation reports submitted to the Department for review and the procedures for Department review and approval. ​

The rules were last updated in 2013, and since then changes in wetland and waterway permitting and delineation practices necessitate these revisions. DSL will hold a series of Rulemaking Advisory Committee (RAC) meetings to consider changes to what information is collected and how it is submitted. Also, DSL needs to remove rule language associated with the process for requesting an independent review per Oregon Laws 2012, c. 108, §2, because the sections of the 2012 Act that detailed this process were repealed on January 2, 2022.
 
Rulemaking Advisory Committee (RAC) Meetings

RAC Meeting 3 will be held via Zoom on December 6, 2022, at 2:00 p.m. Information about the meeting can be found below.


RAC Meeting 2 was held via Zoom on November 1, 2022, at 2:00 p.m. Information about the meeting can be found below.


RAC Meeting 1 was held via Zoom on October 20, 2022, at 10:00 a.m. Information about the meeting can be found 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:

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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:

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Contact

Danielle Boudreaux
Rules 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.