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Building with flowers blooming in front.Oregon Administrative Rules (OARs) determine how the Department of State Lands and other state agencies operate, including how they interpret and implement state laws. Administrative rules can also describe agency practices and policies.

Rules may be adopted, amended, repealed, suspended, or renumbered through a process known as rulemaking. Our rulemaking process offers several opportunities for people and organizations to provide feedback on a proposed rule:

  • A Rulemaking Advisory Committee (RAC) representing those who may have an interest in the rule helps shape rule language.
  • Tribal governments are invited to be involved with rulemaking that may affect Tribal members or resources of interest.
  • Oregonians are invited to weigh in on the rule and may attend RAC meetings, provide written comments, or testify during a public hearing.

After a proposed rule has been approved and filed with the Secretary of State, that rule becomes adopted. Sign up to receive rulemaking email updates here.

Proposed Rules

The following rules are under consideration, see draft rules and review materials from Rulemaking Advisory Committees below.

Oregon’s Removal-Fill Law helps protect wetlands and waters by requiring permits to remove or add materials in wetlands, rivers, streams, lakes, and other waters of the state. For example, building bridges or boat ramps, installing culverts, or filling wetlands to develop property are common types of projects that require a removal-fill permit. When wetlands or waters are present, a delineation report is require​d to identify the boundaries of the protected resource. 

The Common School Fund heavily subsidizes Oregon’s removal-fill permitting process. The current fees paid by developers, property owners, and other permit applicants cover just 21%. On average, it costs $2.8 million every year to cover the remaining removal-fill permitting costs. 

This rulemaking will establish fee structures in the following rules:

Current S​tatus

​In 2023, the Oregon Legislature approved moving removal-fill fees from statute into rule​, allowing the Common School Fund subsidy to be addressed with a new fee structure for the permits we process.​​ ​

A Rulemaking Advisory Committee (RAC) will be convened in Summer 2024, and all RAC meetings will be noticed, recorded, and open to the community to attend. The anticipated meeting schedule (subject to change, subscribe to notifications​):

  • July 10, 2024
  • August 14, 2024
  • August 28, 2024
  • September 11, 2024
  • October 9, 2024

Prior to adoption, the proposed rule language will open for a comment period and at least one public hearing will be held. ​Contact​ with any questions.

​​​Rulemaking Advisory Committee (RAC)

​​RAC Roster

​RAC Meeting #1
A RAC meeting was held on July 10, 2024, at 9:00 a.m. via Zoom.

​​Oregon-owned rivers, lakes, and the territorial sea are shared resources the public may use and enjoy for navigation, recreation, commerce, and fishing. The Department of State Lands oversees use of these Oregon-owned waterways, keeping them healthy and safe while promoting responsible waterway use. Marinas, ports, floating homes, docks, and other uses of public waterways require authorization from the DSL. Some authorizations, including leases and registrations, compensate the public for use of their waterways and ensure the use does not negatively affect the health and safety of public lands or waters. 

In recent years DSL has explored strategies to achieve sustainable operations in managing waterway leases. Some of these strategies did not require rulemaking and have been implemented, such as clarifying use of land costs in lease rates and adding new lease requirements for vessel reporting and site inspections. Further strategies require rulemaking and, in this process, we're looking to: establish consistency in lease rate calculations, cover administrative costs from application fees, tie fee and rate increases to a price index, clarify the initial term of lease, and require financial assurance for registrations and wharf certifications, and simplify rule language overall.

Current Status

​On April 9, 2024, the State Land Board approved the initiation of rulemaking for Oregon Administrative Rules 141-082​. For more information please see the Land Board agenda item​, which includes a 2018 Waterway Leasing Study.​ 

A Rulemaking Advisory Committee (RAC) will be convened in Fall 2024, and all RAC meetings will be noticed, recorded, and open to the community to attend. Prior to adoption, the proposed rule language will open for a comment period in and at least one public hearing will be held. ​​

Contact​ with any questions.

​Oregon Administrative Rules 141-090-0035​, "Standards and Requirements for Wetland Delineation Reports Submitted to the Department"​, is being amended to include hydrogeomorphic method (HGM) subclass along with HGM class as a requirement for the submission of a wetland delineation report. 

Division 90 rules were a​mended in 2023 (see "Recently Adopted Rules" below)​ and became effective on June 1, 2023. However, the need to include HGM subclass was inadvertently overlooked. The inclusion of HGM subclass is necessary as it is required for a removal-fill permit, for which a wetland delineation report is needed.​

​Proposed Rule Text

Notice of Proposed Rule

Public Comment Period

A public comment period for the amendment of this rule was open from June 3, 2024, through July 3, 2024, at 5:00 p.m.

Questions? Contact DSL Rules Coordinator at​

DSL's administrative rules for authorizing special uses on state-owned land, Oregon Administrative Rules 141-125​, have not been thoroughly updated since 2008. However, due to rapid advancements in technology, there is a need to separate out two categories, Communications Sites and Renewable Energy, into two separate rule divisions: Division 125 and Division 126.

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.

Current Status

Administration of the proposed rule language is under review with th​e Department of Justice. Due to the length of time that has passed and the substantive changes, the Division 126 draft rule language will be opened for a second comment period in Summer 2024.

This page will be updated with more information regarding next steps for the comment period and subsequent Land Board review.

Public Review Period

Proposed Rule Language
DSL filed two notices of proposed rulemaking with the Secretary of State on June 17, 2022.​

Public Comment
The public comment period was held from July 1 - July 31, 2022. 

Public Hearing and Information Session
A public meeting was held on July 21, 2022. View the meeting ​recording here.​

Rulemaking Advisory Committee (RAC)​​​​​

RAC Member Roster​

RAC Meeting #3 was held on October 27, 2021.​

Meeting 3 Agenda​
Meeting 3 Summary
141-126 Updated DRAFT Rules
Rate Study Tables 1 and 2
Rate Study Table 3: 20 year comparison

RAC Meeting #2 was held ​​on September 14, 2021.

RAC Meeting 2 Agenda
RAC Meeting 2 Summary
Rate Study and Tables
141-126 DRAFT Statement of Need and Fiscal Impact Statement​​

RAC Meeting #1 was held on August 24, 2021.

Meeting 1 Agenda
Meeting 1 Summary
RAC Operating Principles​
DRAFT ​Div 126 Administrative Rules​​

Open for Public Review and Comment

Click here to submit a comment through an online form. If no list appears below, there are no rules currently open for comment.

Recently Adopted Rules

Rulemaking materials from rules adopted in the last two years can be found below. See our full list of current laws and rules for the Department of State Lands here.

Changes to administrative rules under OAR 141-089 have been adopted and will become effective on July 1, 2024. These rules guide how the Department of State Lands (DSL) issues and enforces general authorizations in Oregon’s wetlands, rivers, streams, lakes, or other waters.

Changes to OAR 141-089 include:
  • ​Fish passage plan authorizations and fish screen approvals must be submitted with most general authorization notices. Most activities will now require advance coordination with the Oregon Department of Fish and Wildlife to obtain fish passage plan authorization or fish screen approval. These documents were previously required prior to starting the activity and now must be submitted with the notice to DSL. This change will ensure DSL is reviewing a general authorization notice for the final project design.
  • More activities will be eligible for a general authorization. Examples include maintaining in-water structures up to 10 cubic yards, some types of residential docks, some temporary impacts to waterways, and habitat improvement activities like placing beaver dam analogs in a waterway.
  • Removal of unused or duplicative general authorization types. General authorizations for certain transportation activities and removal of sediment behind tide gates will no longer be available. In most cases, these activities are either already exempt from removal-fill permit requirements or are covered under an alternative permit process.
An overview of the rule changes is available here. Questions? Contact Russ Klassen, Removal-Fill Specialist, at​.

Project Background
Work requiring the addition or removal of materials from Oregon’s waters usually requires a removal-fill permit. Projects with minimal anticipated impacts to wetlands or waters may be eligible for a general authorization without a removal-fill permit. During the required review held every five years, it was determined that revisions were necessary to promote habitat improvement, reflect current scientific research, increase usability for both staff and applicants, and align with current DSL guidance and practices.

These amendments were informed by the experiences and recommendations of DSL staff who administer general authorizations and conduct compliance monitoring. DSL held extensive consultation with the Oregon Department of Fish and Wildlife and a Rulemaking Advisory Committee to shape the proposed rule language. The Rulemaking Advisory Committee was convened to advise on draft rule language, representing the interests and expertise of city and county government, home builders and property owners, ports, small businesses, environmental resource management organizations, and state agencies. 

Current Status

The final rule language was approved by the Department's Executive Director and was filed May 31, 2024, for and effective date of July 1, 2024. Download the public notice here.​

Final Rule Language  
Secretary of State Permanent Filing​ (final rule language)

Public Review​ Period

Proposed Rule Language 

Public Comment
The public comment period was held from February 1 - March 4, 2024.

Public Rule Hearing and Information Session ​
A public rule hearing was held on February 21, 2024. 

Rulemaking Advisory Committee (RAC)

RAC Meeting #6 was held on October 26, 2023. 

RAC Meeting #5 was held on September 14, 2023. 

RAC Meeting #4 was held on August 17, 2023.

RAC Meeting #3 was held on July 20, 2023.
RAC Meeting #2 was held on June 22, 2023.

A new rule under OAR 141-088 from the Oregon Department of State Lands permanently restricts the use of vehicles and discharge of firearms from Oregon-owned lands, including islands, in the Sandy River Delta. The use restriction area extends from the mouth of the Sandy River to the I-84 bridge crossing, including the Columbia River side channel. This rule grants the Department the authority to temporarily prohibit, from the Sandy River Delta, individuals who violate these restrictions or who commit criminal acts within the Sandy River Delta. These restrictions are necessary to protect public health and safety and the environment.​​

Current Status

​​The rule was ​approved by the State Land Board on February 13, 2024, and was filed for adoption on March 1, 2024, with an effective date of April 1, 2024.

Sandy River Delta Restriction/Closure Map

Public Review Period​

Proposed Rule Language

Notice of Proposed Rulemaking​​

Public Comment
The public comment period closed December 1, 2023.​ 

Public Hearing and Information Session
​A hybrid public meeting was held November 15, 2023.

​Rulemaking Advisory Committee (RAC)

The RAC m​eeting was held on October 2, 2023. See the RAC Roster here.

RAC Agenda​​​
Draft Rule Text​​​
Draft Need for the Rules​​​
Draft Racial Equity Statement​​​
Draft Fiscal Impact Statement​
RAC Meeting Presentation​
RAC Meeting Summary
Post-RAC Draft Rule Text
​RAC Meeting Recording​​

Under Oregon Administrative Rules 141-088​, the Department will restrict public access to Crump Lake, in Lake County, during times when 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, local Tribes, and residents regarding property damage as well as 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 to initiate the rulemaking process​​ on February 8, 2023.

Current Status

The rule was approved by the State Land Board on October 10, 2023, and was filed for adoption on November 1, 2023.

Final Rule Language SOS Filing Receipt
Map of Crump Lake Periodic Closure Area

Public Review Period

Proposed Rule Language
A notice of proposed rulemaking has been published by the Secretary of State on July 1, 2023: Notice of Proposed Rulemaking with Proposed Rule​

Public Comment
The public comment period was held from July 1 - July 31, 2023. 

Public Hearing and Information Session
A hybrid public meeting was held on July 26, 2023.
Public Hearing Presentation​
Public Hearing Recording​

Rulemaking Advisory Committee (RAC)

RAC Roster​​

RAC Meeting 2
A RAC meeting was held on May 24, 2023, both online and in-person at Memorial Hall in Lakeview, OR. 

RAC Meeting 1
A RAC meeting was held on April 11, 2023, both online and in-person at the BLM Lakeview District office in Lakeview, OR.
RAC Meeting 1 Agenda​

Newly amended rules in OAR 141-190​ concerning wetlands in Oregon bring new efficiencies for property owners, consultants, and the state by addressing the common reasons projects are delayed. The Department filed the final rule language with the Secretary of State with an effective date of June 1, 2023.

These rules provide guidelines and processes for making wetland jurisdictional determinations and the technical requirements for submitting a wetland delineation report to the Department. ​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. 

The key changes that were adopted: 

1. All delineation reports submitted to the DSL for review and approval will need: 
  • ​​​​All wetlands and other waters classified to Cowardin system and class, HGM class, and aquatic resources of special concern (ARSC) type, as applicable. Separate polygons are required when more than one adjoining Cowardin class are present within the same wetland and when ARSCs are a portion of a larger wetland.
  • Classification information along with State-approved compensatory mitigation descriptions, if present, included in the report text, and feature boundaries shown on the report delineation map(s).

2. New GIS data submission requirements will follow a staggered timeline to allow consulting firms time to develop their GIS capabilities and spread out any new costs over multiple years.

  • ​Effective June 1, 2025, applicants are required to submit GIS data for Cowardin, HGM, Highest Measured Tide line, Stream Centerline, Stream Ordinary High Water Line, Study Area Polygon, Tax Lot Polygon, Water Polygon, and Wetland Polygon, as applicable.
  • Effective June 1, 2028, applicants are required to submit GIS data for all applicable attributes in the Delineation GIS Template and Data Description.

​3. An informal process for appealing jurisdictional determination disputes to the DSL’s Director replaced the former independent review panel process that expired in 2022.

Current Status

​On May 5, 2023, the Department filed the amended rule language with the Secretary of State, which became effective June 1, 2023.

Public Review Period

Proposed Rule Language

Public Comment
The public comment period was held from March 1 - March 31, 2023.

Public Rule Hearing and Information Session 
An online public meeting was held on March 15, 2023.

Rulemaking Advisory Committee (RAC) Meetings

RAC Meeting 4 was held on Janaury 9, 2023.

RAC Meeting 3 was held on December 6, 2022.

RAC Meeting 2 was held on November 1, 2022.​

RAC Meeting 1 was held on October 20, 2022.

The Department of State Lands conducted rulemaking to restrict public use of approximately 500 yards of the bank of the Columbia River along the north side of Hayden Island, between river mile 106 and 107, east of a navigational pile dike and west of the I-5 Oregon/Washington bridge.

The rule closes the area to all uses between 10 p.m. and 5 a.m. and prohibits the establishment of campsites or fires at all times. See a map of riverbank segment where restrictions are effective​.​

Current Status

On October 11, 2022, the State Land Board approved the rule for adoption. OAR 141-088-0240 was filed and became effective on November 1, 2022.

Public Review Period

Proposed Rule Language

A notice of proposed rulemaking was filed​​ with the Secretary of State on July 27, 2022: Notice of Proposed Rulemaking with Proposed Rule

​​​Public Comment
A public comment period was held August 1 - 30, 2022. See public comments received by the Department​

Public Hearing and Information Session
A public hearing on the proposed rulemaking was held on August 15, 2022. View the meeting recording.​

​Rulemaking Advisory Committee (RAC) meetings​​


Danielle Boudreaux, Rulemaking Coordinator