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Proposed Rulemaking

Rules under consideration

The Department is initiating rulemaking to adopt a permanent rule that will restrict public access to Crump Lake, in Lake County, while 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 and local Tribes regarding 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 on February 8, 2023.​

The Department of State Lands is seeking public comment on permanent rulemaking (OAR 141-090) that would update the procedures for making a wetland determination in Oregon and the requirements for wetland delineation reports submitted to DSL. Wetland determinations and delineations help property owners know whether a permit may be required to remove or add materials in Oregon’s wetlands and waters. Consultants with specialized expertise map the exact boundaries of wetlands or other waters on a site and submit these reports to DSL staff for review​.

Last updated in 2013, the existing rules do not meet the needs for current practices. A Rulemaking Advisory Committee was convened in October 2022 – January 2023 to advise on the revised draft rule language, representing the interests and expertise of city and county planners, wetland conservationists, engineers, the building industry and more. 

The proposed changes will help ensure information submitted is complete, creating more efficient processes for property owners, consultants, and DSL staff. Changes being considered include: clarifications to the process, updates to technical requirements and standards for reports, inclusion of aquatic resources of special concern (for example, bogs, hot springs, kelp beds, and more) in the mapping, and requirements for GIS data. New GIS data submission requirements would follow a staggered timeline to allow consulting firms time to develop their GIS capabilities and spread out any new costs over multiple years. Lastly, the appeal process for requesting an independent review is being updated in response to a law that expired in 2022. The proposed changes are likely to save time and money for property owners and the state by addressing the common reasons projects are delayed. ​

Proposed Rule Language
​Notice of Proposed Rulemaking filed with the Secretary of State​
 
Public Comment Period
The public comment period for the proposed rule language is open March 1, 2023, through March 31, 2023, at 5:00 p.m. Comments may be submitted in writing through dsl.rules@dsl.oregon.gov or by submitting a comment through our online form​.

Public Rule Hearing and Information Session
A public rule hearing and information session was held via Zoom on March 15, 2023, at 6:00 p.m. 

Rulemaking Advisory Committee (RAC) Meetings

RAC Meeting 4 was held via Zoom on Janaury 9, 2023, at 1:00 p.m. Information about the meeting can be found below.

RAC Meeting 3 was 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. View public comment received by the agency.​

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

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

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

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.