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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:
DSL held 3 public hearings in August. DSL will present reccommendations to the Land Board in October to finalize the rule.
Hearing locations were:
Public Hearing #1Aug. 21, 2018 4 pm to 6 pmClarion Inn, Lewis and Clark Room1249 Tapadera Ave., Ontario, Oregon
DIV 122 DRAFT RuleDIV 123 DRAFT RuleFiscal Impact StatementRAC RosterNon-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. 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 ChangesDIV 85, 89, & 93 Final DRAFT Rule Changes Accepted - clean copyDIV 85, 89, & 93 Fiscal Impact Statement
Div 85, 89, & 93 Rulemaking Advisory Committee (RAC) Roster
Current RAC Meeting Agenda
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 ImpactDIV 93 Ocean Energy GP DraftDIV 93 Draft Rule Public
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