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Proposed Rulemaking

Rules under consideration


DSL is in 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:

  • Accommodate statutory (including HB 2460, and rule changes (including the adoption of OAR 141-145 that have occurred in the past several years,
  • Update the general provisions section to reflect the current practices of DSL,
  • Complete rule language changes recommended by the Oregon Department of Justice,
  • Review and update the administrative procedures for reviewing and issuing easements, and
  • Review and update the compensation formulas for issuing easements.

DSL held 3 public hearings in August. DSL will present reccommendations to the Land Board in Decemberto finalize the rule.

Hearing locations were:

Public Hearing #1
Aug. 21, 2018 
4 pm to 6 p
Clarion Inn, Lewis and Clark Room
1249 Tapadera Ave., Ontario, Oregon

    Public Hearing #2
    August 22, 2018
    4 pm to 6 pm
    Deschutes County Road Department
    61150 SE 27th St., Bend, Oregon

    Public Hearing #3
    August 28, 2018
    4 pm to 6 pm
    Dept. of State Lands, Land Board Room
    775 Summer Street NE, Salem, Oregon

    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​

    ​DIV 85, 89, & 93 Final DRAFT Rule Changes Accepted - clean copy

    DIV 85, 89, & 93 Notice of Proposed Rulemaking and Fiscal Impact Statement​​​​
    DIV 85, 89, & 93 Notice of Proposed Rulemaking and Fiscal Impact Statement​​​​​ Supporting Information​

    An overview of the proposed changes was provided in a Skype webinar on Nov. 8. Click here ​for the recorded webinar.

    The Department will be holding three public hearings during the month of November at the following locations:

    • November 15, 2018, 4:30-6 PM
      Deschutes County Road Department
      Large Conference Room
      61150 SE 27th
      Bend, Oregon
    • November 20, 2018, 4:30-6 PM
      Department of State Lands Building
      Land Board Room
      775 Summer Street NE
      Salem, Oregon
    • November 28, 2018, 4:30-6 PM
      Hampton Inn & Suites
      201 39th Street
      Astoria, Oregon
    ​Public Comment Period will be from November 1 through 5 PM on December 7, 2018.

    There will be an overview of the changes at the beginning of each hearing.

    Open for comment

    Rulemaking meetings and hearings

    Anne Friend
    Rules Coordinator
    Phone: 503-986-5245

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