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.
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 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.
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.
Rulemaking Advisory Committee (RAC) meetings
RAC Meeting 3 was held via Zoom on October 27th, 2021.
RAC Meeting 2 was held via Zoom on September 14th, 2021.
RAC Meeting 1 was held via Zoom on August 24th, 2021.