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DSL Partial Assumption of Federal 404 Permit Authority

DSL partial assumption of federal 404 permit authority

Currently, developers are required to go through two separate but duplicative Removal-Fill permit processes to obtain approval for development that has an impact on wetlands and waterways – one process from the U.S. Army Corps of Engineers and one process from the Oregon Department of State Lands. “Partial 404 assumption” (Section 404 of the federal Clean Water Act) provides a process for developers to obtain state and federal authorizations with a single permit issued by DSL.

A single permit process administered by the state would streamline development (e.g., housing) opportunities in Oregon, while achieving the same outcome that would have resulted from obtaining the two separate permits. Should DSL assume the permitting authority, current regulatory environmental protections will remain unchanged. 

HB 2436 (2019) directed DSL to submit recommendations, including draft statutory language, for consideration in advance of the 2020 session of the Oregon Legislature. The process for Oregon assuming 404 authority will take at least through 2020 -21.

The resource list below provides information on HB 2436 and the work of the 404 assumption Work Group.  Updates will be provided on this page as they develop.


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Barbara Poage, 404 Assumption Analyst,