Proposed Rulemaking

Rules may be adopted, amended, repealed, suspended, or renumbered through a process known as rulemaking. The rulemaking process is designed so there are several opportunities for communities to provide feedback on a proposed rule:

A Rulemaking Advisory Committee (RAC), representing those who are likely to be affected by the rule, is convened to give input on the draft rules, fiscal impact statement, and racial equity statement.
Tribal governments are invited to be involved with rulemaking that may affect Tribal members or resources of interest.
Community members are invited to attend RAC meetings and to weigh in on the rule, and may provide written comment or testify during a public hearing.

Attend a RAC meeting

Rulemaking Advisory Committee meetings are open to the public. Community members may attend committee meetings as observers but not to actively participate on the agenda items. The committee may designate time on the agenda to hear comments from the public as time allows. At a later date, after the RAC has concluded, DSL will invite public comments on the proposed rules and will hold a public hearing, prior to consideration and adoption. See here for guidance on public participation in advisory committee meetings.

Rules under consideration

The Department is initiating rulemaking to adopt a permanent rule that will restrict public access to Crump Lake, in Lake County, while 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 and local Tribes regarding 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 on February 8, 2023.

Rulemaking Advisory Committee

RAC Roster

RAC Meeting 2

A RAC meeting will be held on May 24, 2023, at 1:00 p.m., both via Zoom and in-person at Memorial Hall in Lakeview, OR. Meeting information can be found below.

RAC Meeting 2 Agenda

RAC Meeting 2 Draft Rule Language

RAC Meeting 2 Draft Map

RAC Meeting 1

A RAC meeting was held on April 11, 2023, at 12:00 p.m., both via Zoom and in-person at the BLM Lakeview District office. Meeting information can be found below.

RAC Meeting 1 Agenda

RAC Meeting 1 Draft Rule Language

RAC Meeting 1 Presentation

RAC Meeting 1 Summary

RAC Meeting 1 Recording

Work requiring the addition or removal of materials from wetlands and rivers, streams, lakes, or other 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 permit. Oregon Administrative Rules (OAR) Division 141-089 outline the issuance and enforcement of general authorizations within waters of this state.

Pursuant to Oregon Revised Statutes (ORS) 196.850, the Department is required to review each general authorization adopted by rule every five years, modifying, reissuing, or rescinding the general authorizations as needed. During its most recent review, the Department determined that revisions of the rules in Division 141-089 were necessary to promote habitat improvement, reflecting current scientific research; modify the existing general authorizations to increase usability; and remove general authorizations that are not being used or are duplicative.

Rulemaking Advisory Committee (RAC)

RAC Roster

RAC Meeting #1

A RAC meeting will be held via Zoom on May 31, 2023, at 1:00 p.m. For meeting details please see the materials below.

RAC Meeting #1 Agenda

RAC Meeting #2

A RAC meeting will be held on June 22, 2023, at 1:00 p.m. Additional meeting materials coming soon.

Draft Rule Language for Discussion

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

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

DSL is currently reviewing public comments and revising the proposed rules.

Secretary of State Filings

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

- Proposed OAR 141-126 rules establish seperate administrative rules for communication site facility leases.

- Proposed amendments to OAR 141-125 remove management of communication sites under these rules as communications sites will be managed under OAR 141-126 once the rules are adopted.

Public Comment

The public comment period was open from July 1, 2022, through July 31, 2022. View public comment received by the agency.

DSL Responses to Public Comment

Changes to Draft Rule Language Pursuant to Public Comment

Informational Meeting & Public Hearing

July 21, 2022, 5:30 - 7:00 p.m.
Staff provided an informational overview of the proposed rulemaking and heard testimony until 6:15, at which time the public hearing concluded. View the meeting recording.

Reference materials

Fiscal impact statement

Proposed Lease Rental Rates and Fee Schedule

Rulemaking Advisory Committee (RAC) meetings

RAC Member Roster

RAC Meeting 3 was held via Zoom on October 27th, 2021.

RAC Meeting 3 Agenda

RAC 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 via Zoom on September 14th, 2021.