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Proposed Rulemaking

Rules under consideration


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:

  • 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 will hold 3 public hearings in August. 

Hearing locations are:

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 in the process of finalizing the proposed rules to put out for public comment and will be scheduling public hearings during August 2018.

      DIV 122 DRAFT Rule
      DIV 123 DRAFT Rule
      RAC Roster​
      Non-Trust VS Trust Lands PowerPoint​


      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.

      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 Draft Rule​
      DIV 85, 89, & 93 Rule Changes​
      DIV 85, 89, & 93 RAC Roster​​​

      Current RAC Meeting Agenda​

      The next Rule Advisory Committee meeting will be held:

      Thursday, July 26, 2018
      10:00 a.m. - 2:30 p.m.
      Oregon Association of Nurseries
      29751 Town Center Loop W
      Wilsonville, Oregon 97070


      ​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 Impact
      DIV 93 Ocean Energy GP Draft
      DIV 93 Draft Rule Public ​

      Related Documents

      Rulemaking meetings and hearings

      Anne Friend
      Executive Assistant & Rules Coordinator
      Phone: 503-986-5245

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