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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 be holding 4 RAC meetings starting in January 2018.

The fourth meeting is scheduled for Tuesday, May 8, 2018, 8:30AM - 12:30PM at the State Land Board Meeting Room, 775 Summer Street NE, Salem, Oregon.

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


Revisions to the rules for the General Authorization (GA) for Recreational Placer Mining within ESH are needed to achieve consistency with Senate Bill 3 (2017) and to streamline the process for administering removal-fill permits, reduce paperwork, increase certainty and timeliness, and enhance resource protection. To meet these needs, DSL is modifying rules under OAR Chapter 141, Division 89 to change the rule titles, purpose, eligibility requirements, authorized activities, and activity-specific conditions of the General Authorization for Recreational Placer Mining.

The expiration and no-transfer provisions were developed as part of a recent rulemaking pertaining to the placer mining GA. Due to an error, the expiration and no-transfer provisions were not properly noticed prior to the public hearing and comment period for those rules and could not be adopted as permanent rules. DSL adopted the expiration and no-transfer provisions as temporary rules. DSL is undertaking this rulemaking to adopt the expiration and no-transfer provisions as permanent rules.

Members of the public may send comments via mail or email during the public comment period which ends Thursday, June 21, 2018 at 5:00 p.m. Please submit comments using the comment form below or by mailing:

Anne Friend, Rules Coordinator
775 Summer Street NE, Suite 100
Salem, Oregon 97301-1279

Final DRAFT Rule with Track Changes​
Final DRAFT Rule Changes Accepted - clean copy​
​Fiscal Impact Statem​ent​​​​

Open for comment

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 Draft Rule​
DIV 85 Rule Changes​
DIV 85 RAC Roster​​​

Current RAC Meeting Agenda​

The first Rule Advisory Committee meeting will be held as follows:

Thursday, June 21, 2018
9:30 a.m. - 3:00 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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