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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 (Oregon Revised Statutes, ORS). Administrative rules can also describe agency practices and policies.

Rules may be adopted, amended, repealed, suspended, or renumbered through a process known as rulemaking.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 people and organizations to provide feedback on a proposed rule:

  • A Rulemaking Advisory Committee representing those who may have an interest in the rule helps shape the initial rule development.
  • 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 provide written comment or testify during a public hearing.

Once 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.

On August 8, 2023, the Department requested and received approval from the State Land Board to initiate a rulemaking process, within OAR 141-088, to explore permanently restricting vehicle use and discharge of firearms. This restriction is regarding public use of state lands at Sandy River Delta, including approximately 50 acres of natural area east of the Sandy River, the Sandy River riverbank from mile 0 to 2.5, and the Columbia River Side Channel riverbank. Sandy River Delta partners supported both the emergency restrictions and permanent restrictions. ​

Current Status

​​The rule was ​approved by the State Land Board on February 13, 2024, and will be filed for adoption on March 1, 2024 with an effective date of April 1, 2024.

Final Rule Language SOS Filing Receipt (to come)
Sandy River Delta Restriction/Closure Map

Public Review Period​

Proposed Rule Language

Notice of Proposed Rulemaking​​

Public Comment Period
The public comment period closed December 1, 2023.​ 

Public Hearing and Information Session
​A hybrid public hearing was held November 15, 2023, at 6:00 p.m.


​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

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 separate 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

Administration of the proposed rule language is under review with th​e Department of Justice. This page will be updated with more information regarding next steps for Land Board review.


Public Review Period

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


Public Comment
The public comment period was open from July 1, 2022, through July 31, 2022. 

Public Hearing and Information Session
A public hearing was held on July 21, 2022. View the meeting ​recording here.​

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.

Current Status: The Rulemaking Advisory Committee has completed their review of the proposed rule language. 

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.

Proposed Rule Language 

Public Comment Period
The public comment period is open from February 1, 2024, through March 4, 2024, at 5:00 p.m. Written comments can be submitted through the online rulemaking comment form or emailed to DSL.Rules@dsl.oregon.gov​. ​

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.


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.

The Department adopted a permanent rule that 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. Learn more in the memo prepared for the Land Board's approval to initiate the rulemaking process​​ on February 8, 2023.

Curent 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
A notice of proposed rulemaking has been published by the Secretary of State on July 1, 2023: Notice of Proposed Rulemaking with Proposed Rule​

Rulemaking Comment Period
The rulemaking comment period was open from July 1, 2023 through July 31, 2023. 

Public Hearing and Information Session
A hybrid public meeting was held on Wednesday, 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 via Zoom and in-person at Memorial Hall in Lakeview, OR. 

RAC Meeting 1
A RAC meeting was held on April 11, 2023, both via Zoom and in-person at the BLM Lakeview District office.
RAC Meeting 1 Agenda​

Newly amended rules 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 Department staff for review.

The amended rules will help ensure information submitted is sufficient and complete, creating more efficient processes for property owners, consultants, and Department staff. Changes include: clarifications to the process, updates to technical requirements and standards for reports, inclusion of aquatic resources of special concern (for example, bogs, hot springs, kelp beds, and more) in the mapping, and requirements for GIS data. 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. Lastly, the appeal process for requesting an independent review is being updated in response to a law that expired in 2022. 


Final Rule Language 

On May 5, 2023, the Department filed the amended rule language with the Secretary of State, which are effective June 1, 2023.


Public Review Period



Public Comment Period 
The public comment period for the proposed rule language was open March 1 - March 31, 2023.


Public Rule Hearing and Information Session 
A public rule hearing and information session was held via Zoom on March 15, 2023, at 6:00 p.m.


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 Period
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