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Rulemaking

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Rules may be adopted, amended, repealed, suspended, or renumbered through a process known as rulemaking.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. 

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 in:

Current S​tatus

A Rulemaking Advisory Committee (RAC) has been convened. 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 and at least one public hearing will be held. ​Contact dsl.rules@dsl.oregon.gov​ with any questions.

​​​Rulemaking Advisory Committee (RAC)

See the RAC Roster here. The anticipated meeting schedule is subject to change, subscribe to notifications here.

  • Meeting 1: July 10 - RAC Orientation and Background
  • Meeting 2: August 14 - Fee Structure and Schedule in Division 90: Wetland Delineations
  • Meeting 3: August 28 - Fee Structure and Schedule in Division 89: General Authorizations
  • Meeting 4: September 11 - Fee Structure and Schedule in Division 85: Removal-Fill Permits and Division 93: General Permits​
  • Meeting 5: October 9 - Fee Structure and Schedule in Division 85 and 93 (cont.)​
  • Meeting 6: November 6 - Cost Recovery Model
  • An additional RAC meeting may be held in December.

RAC Meeting #6

A RAC meeting will be held on November 6, 2024 at 9:00 a.m. via Zoom. Meeting materials to be posted one week prior to the meeting.

Join online:
Meeting Link: Click Here
Meeting ID: 250 886 8653
Passcode: w#EnJ067

Join by phone:
Phone #: 1-669-444-9171
Meeting ID: 250 886 8653
Passcode: 87671005​

RAC Meeting #5

A RAC meeting was held on October 9, 2024.

RAC Meeting #4

The meeting was held on September 11, 2024. 


​RAC Meeting #3

The meeting was held on August 28, 2024.


RAC Meeting #2​

The meeting was held on August 14, 2024.

RAC Meeting #1
The meeting was held on July 10, 2024.

​​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. Implementing best management practices for waterway leases that will help protect the health and safety of public lands and waters and minimize operational risks.​ 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, clarify the initial term of lease, and require financial assurance for registrations and wharf certifications, and simplify rule language overall. ​

Current S​tatus

​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 begin in late 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. ​​


Rulemaking Advisory Committee

​The anticipated meeting schedule is subject to change, subscribe to rulemaking updates here​. Meeting materials are posted and noticed one week in advance of each meeting.

  • Meeting 1: November 13, 2024 
  • Meeting 2: December 11, 2024 
  • Meeting 3: January 22, 2025 
  • Meeting 4: February 19, 2025 
  • Meeting 5: March 19, 2025​
  • Meeting 6: April 16, 2025
  • Additional RAC meetings may be scheduled.

Contact dsl.rules@dsl.oregon.gov​ with any questions.

​The Department of State Lands (DSL) has proposed adoption of new administrative rules in OAR 141-126 that guide how communication site facilities are leased on DSL-managed land. 

DSL manages leases for communication site facilities located on DSL-managed lands that are owned by the people of Oregon and generate revenue for the state’s Common School Fund​. Communication site leases allow entities to place communication facilities on those lands. These facilities support wireless cellular service, internet service, emergency communications, technologies that detect wildfires or seismic activities, cable and radio broadcast, local radio users, and more. 

An advisory committee was convened in 2021 to shape the proposed rule language and fee structure, followed by a public comment period in July 2022. In response to feedback from public comments, and following a review with the Department of Justice, the latest changes have standardized the DSL’s processes with those of other state agencies and industry standards, reduced the administrative burden on DSL, and ensured that DSL is operating within its given authorities.

These rules are being amended to:

  • Manage communication site leases more efficiently. For example, the lessees of the base-lease may choose to sublease to other entities to co-locate on the site. The lessee sets the rate, administers the sublease, and notifies DSL for review and approval. Part of the revenue generated from subleasing is sent to DSL for the Common School Fund.
  • Establish a lease rate and modern fee structure. Proposed changes in 2022 were aligned with a market rate study, and since then DSL has revised some of the rates and fee structures to align with evolving federal and industry standards. For example, more nuanced categories were added to acknowledge the differences between small and large wireless facilities.
  • Align with broader federal and Oregon policies. Increasing broadband access to underserved communities is a priority for the State, and lower lease rates for small wireless facilities will reduce barriers to promoting broadband development.
This rulemaking also requires amendments to OAR 141-125 Administrative Rules for Authorizing Special Uses on State-Owned Land. These amendments would remove management of communication sites under Division 125, as instead communications sites would be managed under the newly created Division 126.

Current Status

A second public comment period was open from August 1, 2024, through September 3, 2024. Revised proposed rule language and information about the public comment period and public rule hearing can be found below. Given the extent of changes and length of time since the first comment period, a second comment period was held prior to bringing the decision before an upcoming State Land Board.

Second Public Comment Period

Proposed Rule Language
A second public comment period was open from August 1, 2024, through September 3, 2024. A second Notice of Proposed Rulemaking for Division 126 was published by the Secretary of State on August 1, 2024. Below are the proposed rules along with a tracked changes version showing the differences between the first Notice of Proposed Rulemaking (July 2022) and the second Notice (August 2024).

Additional ​reference materials:​

​Public Hearing and Information Session
An information session followed by a public rule hearing was held via Zoom on Thursday, August 15, 2024:


First Public Comment Period

​

The first public comment period was held from July 1 - July 31, 2022. DSL filed two Notices of Proposed Rulemaking with the Secretary of State on June 17, 2022.​ An information session and public hearing was held on July 21, 2022.


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.

The Department of State Lands (DSL) is seeking comments on updates to administrative rules in OAR 141-142 that guide the establishment and management of marine reserves and marine protected areas in Oregon’s territorial sea. 

DSL is following through on the Department’s responsibility to amend these rules with the updated designations of rocky habitat sites, in conformance with the community-informed work already done by Oregon’s Ocean Policy Advisory Council (OPAC) and Department of Land and Conservation Development (DLCD) on updating Oregon’s Territorial Sea Plan: Part Three​. 

Additional Background Information 

Oregon’s marine rocky habitats are integral to the unique landscape and seascape of the Oregon Coast. They provide a safe harbor for a variety of species that have uniquely adapted to live on the margin between the land and sea. The living resources found in rocky habitats include fish, invertebrates, and plant life, particularly in the intertidal areas, as well as seabirds and seals that use adjacent cliffs and offshore rocks for shelter, feeding, and reproduction. Below the surface, rocky habitats offer stable footing for structure-forming marine plants such as kelps and seagrasses. These marine plants provide a foundation for the diverse, unique, and economically important species that live in rocky habitats. 

Part Three of Oregon’s Territorial Sea Plan outlines the state’s Rocky Habitat Management Strategy. Originally published in 1994, the Territorial Sea Plan is managed by the Ocean Policy Advisory Council and the Department of Land Conservation and Development. It outlines clear policies and direction for strong, site-based management and the protection of unique ecosystems along the Oregon Coast. This includes classifications such as marine gardens, habitat refuges, and research and conservation areas. 

After a 3-year public review process, an updated Part Three of the Territorial Sea Plan was adopted in April 2023. 

The Department of State Lands’ administrative rules in OAR 141-142 have not been updated since 2012, and rulemaking is needed to align rules with the updated Plan and the designated areas for protection. ​For more information please see Appendix A: Rocky Habitat Designations and Map.


​Current Status

The proposed rule language is open for public comment until October 31, 2024.


​Public Comment Period


Proposed Rule Language

A Notice of Proposed Rulemaking was published by the Secretary of State on October 1, 2024. Below are the proposed rules, as published in the Notice.


Public Comment
A public comment period is open from October 1, 2024, through October 31, 2024 at 5:00 p.m.
Comments may be submitted in writing through the public comment form, emailing DSL at DSL.Rules@dsl.oregon.gov, or mailed to DSL at 775 Summer Street NE, Suite 100, Salem, OR 97301.

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.

​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.​

Final Rule Text

The final rule text was filed for an effective date of August 5, 2024.

Secretary of State Permanent Filing Receipt​

​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.rules@dsl.oregon.gov​

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 Russ.Klassen@dsl.oregon.gov​.

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 Director and was filed on May 31, 2024, for an 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 Comments and Agency Responses​

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.
Draft Rule Text for Discussion
Crosswalk: Sediment Behind Tidegates GA
Crosswalk: Transportation GA
RAC Meeting #2 Summary
RAC Meeting #2 Recording​

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.

Final Rule Language SOS Filing Receipt​
Sandy River Delta Restriction/Closure Map​

Public Review Period​

​ Proposed Rule Language

Notice of Proposed Rulemaking​​

Public Comment
The public comment period was held from November 1 - December 1, 2023.​ 
Public Comments and Agency Responses​

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.

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
Notice of Proposed Rulemaking

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

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 2 Agenda
RAC Meeting 2 Draft Rule Language
RAC Meeting 2 Draft Map
RAC Meeting 2 Summary​​
RAC Meeting 2 Recording​​

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​
RAC Meeting 1 Draft Rule Language
RAC Meeting 1 Presentation
RAC Meeting 1 Summary
RAC Meeting 1 Recording​

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​​

CONTACT

Danielle Boudreaux, Rulemaking Coordinator
503-798-6846
dsl.rules@dsl.oregon.gov