Current Status
DSL is updating administrative rules (OAR 141-083) that guide how
easements are issued for uses of the territorial sea. Proposed changes are intended to strengthen protections for Oregon’s marine ecosystems, streamline permitting, and ensure fair public compensation for use of the seafloor.
Public Comment Period
How to Comment
Comments may be submitted in writing by:
Public Comments
The public comment period was originally open from July 1 through August 3, 2026. Below are comments DSL received through the original close date of August 3. Comments received during the extended comment period will be available online after the close of public comment on September 21.
Proposed Rule Text
Public Rule Hearings
Four public rule hearings were conducted from July 20-23, 2026. See below for the recording of the virtual hearing and a copy of the presentation.
What Happens Next?
If adopted, these proposed rules and fees are anticipated to go into effect in January 2027.
About the Rulemaking
For decades, cables have been installed on the bottom of Oregon’s territorial sea—the area of the Pacific Ocean extending from the shoreline to three nautical miles offshore. These cables, often called “undersea” or “submarine” cables, carry global data through optical fibers and are placed on, attached to, or buried beneath the seafloor. In the future, similar infrastructure may also include power transmission cables and pipelines to serve purposes like carrying electricity from offshore wind turbines to shore. DSL, with approval from the State Land Board, issues easements for use of the territorial sea.
DSL is one of several agencies with a regulatory role in the territorial sea, but the administrative rules guiding DSL’s work are out of date.
Oregon’s administrative rules governing these easements have not been comprehensively updated in 25 years. Since then, undersea infrastructure technology has evolved significantly, including the development of SMART cables that support both data transmission and sensors for ocean monitoring. In addition, Oregon’s Territorial Sea Plan Part Four was updated in 2023, and Senate Bill 793 now requires DSL to set application and compensation fees for easements associated with water, gas, electric, and communication infrastructure in the territorial sea. These changes in technology, policy, and state law make updates to the rules necessary.
What’s Proposed
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Alignment with Oregon’s ocean resource management goals. Proposed updates align DSL’s easement review and authorization processes with Oregon’s Territorial Sea Plan Part Four and other applicable state policies governing uses of the seafloor.
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Enhanced application requirements. Applicants would be required to provide additional information during project planning and review, including resource and use inventories, effects evaluations, decommissioning plans, emergency response plans, and information about potential encroachments. Early coordination through pre-application meetings and the Joint Agency Review Team would help identify information needs and potential issues before applications are submitted.
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A cooperative review framework. Updates would support collaboration among applicants, state and federal agencies, Tribal governments, and local communities. Clearer requirements and review procedures would provide greater transparency and predictability throughout the process.
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New fee structure. A new structure for application fees will support sustainable funding for the interagency application review. New compensation fees allow use of Oregon’s territorial sea while compensating Oregonians for the usage of this public resource. Revenues go to the Common School Fund.
This rulemaking focuses on implementing specific provisions of Senate Bill 793 as well as the current, adopted Territorial Sea Plan into the administrative rule. While there are many related policies, rules, and active state initiatives affecting Oregon’s territorial sea (for example, development of
Oregon’s Offshore Wind Energy Roadmap, OPRD rulemaking on
ocean shore alterations and permitting), these are outside the scope of this rulemaking project.
Rulemaking Advisory Committee
See the
RAC Roster here (PDF).
RAC Meeting #5 - June 5, 2026, 9:00 a.m.
See below for meeting materials.
RAC Meeting #4 - May 6, 2026, 9:00 a.m.
See below for meeting materials.
RAC Meeting #3 - April 8, 2026, 9:00 a.m.
See below for meeting materials.
RAC Meeting #2 - March 11, 2026, 9:00 a.m.
See below for meeting materials and how to join.
RAC Meeting #1 - February 11, 2026
See below for meeting materials.