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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Rules may be adopted, amended, repealed, suspended, or renumbered through a process known as rulemaking.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, or you can review our calendar of forecasted rulemaking here (May - October 2026).

Proposed Rules

The following rules are under consideration, see draft rules and review materials from Rulemaking Advisory Committees below.

The Oregon Department of State Lands oversees the beds and banks of the Sandy River, as well as approximately 50 acres of natural area adjacent to the Sandy River Delta, a 1,500-acre U.S. Forest Service natural area extensively used for recreation. 

For more than a decade, this area has been used for long-term camping by people experiencing unsheltered homelessness. DSL works with local, state, and federal partners to reduce impacts of long-term camping, with an emphasis on connecting people with services and housing. The Delta is vulnerable to long-term, unauthorized overnight camping, which has contributed to extensive damage to its environmental, cultural, and recreational resources. While DSL recognizes the complex challenges of unsheltered homelessness, this land is not suitable for habitation due to wildfire risk, flooding, and environmental degradation. 


However, these closures are short-term solutions. Open fires and overnight camping are not currently addressed in the current rules on public use restrictions in the 50 acres of state-owned land in the Delta. First adopted into rule in April 2024, current restrictions do prohibit the use of motor vehicles and firearms. This rulemaking proposes amendments to also prohibit overnight camping year-round and open fires between May and November. Without permanent rulemaking, local law enforcement and DSL cannot enforce those restrictions long-term.

Current Status

On June 9, 2026, the State Land Board​ approved begining this rulemaking process. DSL is drafting the proposed rules and anticipates opening a public comment period in Summer 2026. Sign up here to be notified of rulemaking updates.

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 Stat​us

DSL is seeking comments on proposed changes to administrative rules (OAR 141-083) that guide how easements are issued for uses of the territorial sea​. Proposed changes are intended to strengthen protections for Oregon’s marine ecosystems, streamline permitting, and ensure fair public compensation for use of the seafloor. 

The comment period is open from July 1 – August 3, 2026 (closes at 5:00 p.m. Pacific). See below for how to comment.

Questions? Please contact DSL.Rules@dsl.oregon.gov​.​

About the Rulemaking

​For decades, cables have been installed on the bottom of Oregon’s territorial sea—the area of the Pacific Ocean extending from the shoreline to three nautical miles offshore. These cables, often called “undersea” or “submarine” cables, carry global data through optical fibers and are placed on, attached to, or buried beneath the seafloor. In the future, similar infrastructure may also include power transmission cables and pipelines to serve purposes like carrying electricity from offshore wind turbines to shore. DSL, with approval from the State Land Board, issues easements for use of the territorial sea. 

DSL is one of several agencies with a regulatory role in the territorial sea, but the administrative rules guiding DSL’s work are out of date. 

Oregon’s administrative rules governing these easements have not been comprehensively updated in 25 years. Since then, undersea infrastructure technology has evolved significantly, including the development of SMART cables that support both data transmission and sensors for ocean monitoring. In addition, Oregon’s Territorial Sea Plan Part Four was updated in 2023, and Senate Bill 793 now requires DSL to set application and compensation fees for easements associated with water, gas, electric, and communication infrastructure in the territorial sea. These changes in technology, policy, and state law make updates to the rules necessary. 

What’s Proposed

  • Alignment with Oregon’s ocean resource management goals. Proposed updates align DSL’s easement review and authorization processes with Oregon’s Territorial Sea Plan Part Four and other applicable state policies governing uses of the seafloor.
  • Enhanced application requirements. Applicants would be required to provide additional information during project planning and review, including resource and use inventories, effects evaluations, decommissioning plans, emergency response plans, and information about potential encroachments. Early coordination through pre-application meetings and the Joint Agency Review Team would help identify information needs and potential issues before applications are submitted.
  • A cooperative review framework. Updates would support collaboration among applicants, state and federal agencies, Tribal governments, and local communities. Clearer requirements and review procedures would provide greater transparency and predictability throughout the process.
  • New fee structure​. A new structure for application fees will support sustainable funding for the interagency application review. New compensation fees allow use of Oregon’s territorial sea while compensating Oregonians for the usage of this public resource. Revenues go to the Common School Fund. ​
This rulemaking focuses on implementing specific provisions of Senate Bill 793 as well as the current, adopted Territorial Sea Plan into the administrative rule. While there are many related policies, rules, and active state initiatives affecting Oregon’s territorial sea (for example, development of Oregon’s Offshore Wind Energy Roadmap, OPRD rulemaking on ocean shore alterations and permitting​), these are outside the scope of this rulemaking project​.
​

​Public Comment Period

The public comment period is open from July 1 - August 3​, 2026 until 5:00 p.m. Members of the public may offer comments in writing or orally at one of four public hearings: three in-person and one virtual. Please see below for meeting information and how to submit written comments.

​​Proposed Rule Text

​​​Public Rule Hearings​

In-person: The meetings held at the in-person locations are in-person only and will not have virtual access.
  • North Bend, OR: Monday, July 20 at 6:30 p.m. at North Bend Community Center, 2222 Broadway Ave., North Bend, OR 97459
  • Newport, OR: Tuesday, July 21 at 5:00 p.m. at Hatfield Marine Science Center, Classroom 30/32 (HMSC 3032), 2030 SE Marine Science Dr., Newport, OR 97365 (map to classroom)
  • Seaside, OR: Wednesday, July 22 at 5:30 p.m. at Seaside Library, 1131 Broadway, Seaside, OR 97138
Virtual (online only): Thursday, July 23 at 2:30 p.m.
  • Meeting ID: 250 886 8653
  • Join online: Click here to join (Passcode: w#EnJ067)
  • Join by phone: 1-669-444-9171 (Passcode: 87671005)
Written Comments
Comments may also be submitted in writing by online form, emailed to dsl.rules@dsl.oregon.gov​, or mailed to DSL (Attn: Rules Coordinator) at 775 Summer Street NE, Suite 100, Salem, OR 97301.

What Happens Next? 

After the comment period closes and comments are addressed, proposed rules are presented at an upcoming meeting of the State Land Board​ for a decision. The public may provide additional testimony at that time. 

If adopted, these proposed rules and fees are anticipated to go into effect in January 2027. For the latest updates, visit the DSL website. ​

Rulemaking Advisory Committee

​See the RAC Roster here (PDF)​.

RAC Meeting #5 - June 5, 2026, 9:00 a.m.
See below for meeting materials.
​RAC Meeting #4 - May 6, 2026, 9:00 a.m.
See below for meeting materials.
RAC Meeting #3 - April 8, 2026, 9:00 a.m.

​​See below for meeting materials.

RAC Meeting #2 - March 11, 2026, 9:00 a.m.
See below for meeting materials and how to join.
RAC Meeting #1 - February 11, 2026
See below for meeting materials.

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 people of Oregon own the beds and banks of all navigable and tidally influenced waterways throughout the state. Oregon-owned rivers, lakes, and the territorial sea are shared resources the public may use for navigation, recreation, commerce, and fishing. DSL oversees these waterways by promoting healthy, safe, and responsible waterway use. Marinas, ports, docks, floating homes, and other uses of public waterways require authorization from DSL. Some authorizations, including leases and registrations, compensate the public and ensure the use does not adversely affect the health and safety of public lands or waters or unreasonably interfere with other uses. 

In recent years DSL has explored strategies to achieve sustainable operations in managing waterway authorizations and ensure lease rates are consistent and fair. In addition, Oregonians have experienced serious environmental risks and unexpected financial liability from some private uses along waterways such as neglected structures and stockpiling of hazardous and derelict boats. DSL has identified best management practices for waterway leases that will help protect the health and safety of public lands and waters and minimize operational risks.
​

Current S​tatus

The State Land Board approved the proposed rule language on April 14, 2026. The rules were filed with the Secretary of State on May 4, 2026, with an effective date of July 1, 2027. Contact dsl.rules@dsl.oregon.gov​​ with questions.​

Public Comment Period

​A 45-day public review and comment period was held from July 1 to August 15, 2025. DSL held six public hearings (four in-person, two online), with additional time for an information session and questions.​ After the comment period concluded and comments addressed, proposed rules were presented to the Land Board for a decision.​

Rulemaking Advisory Committee

See the RAC Roster here​, and see an overall summary of the RAC meetings and feedback here​.

RAC Meeting #5 - March 19, 2025

RAC Meeting #4 - February 19, 2025

RAC Meeting #3 - January 22, 2025

RAC Meeting #2 - December 11, 2024

​RAC Meeting #1 - November 13, 2024​​

The Oregon Department of State Lands (DSL) has updated administrative rules which include changes to stream mitigation accounting and mitigation banking, along with minor updates to removal-fill permitting. These changes improve regulatory clarity, efficiency, and transparency. 

See the full annnouncement here.​

When Do the Changes Apply? 
Changes will be effective on Monday, May 3, 2027.
  • Complete applications received on or before May 2, 2027: The current rules apply. Permit applicants are not required to use the new stream mitigation accounting protocols to determine their compensatory stream mitigation requirements, although compensatory stream mitigation may still be required under existing rules. See current OAR 141-085 rules in effect now.
  • Complete applications received on or after May 3, 2027: The updated rules apply, including use of stream mitigation accounting protocols to determine compensatory stream mitigation requirements. See updated OAR 141-085 rules (PDF).

    If the submitted application is determined to be incomplete and is later revised and resubmitted, the revised application is subject to the rules in effect at the time of resubmittal. ​

Current S​tatus

The DSL Director approved the proposed rule language in May 2026. The rules were filed with the Secretary of State on May 11, 2026, with an effective date of May 3, 2027. Contact dsl.rules@dsl.oregon.gov​​ with questions.

Public Comment Period

A public comment period was held from October 1 - October 31, 2025.  Two virtual public rule hearings were held on October 20 and 21, 2025.​

 

Rulemaking Advisory Committee

See the RAC Roster here and a sumary of RAC input here​.

RAC Meeting #6 - August 6, 2025

RAC Meeting #5 - July 9, 2025

RAC Meeting #4 - June 12, 2025

RAC Meeting #3 - May 21, 2025

RAC Meeting #2 - April 2, 2025

​RAC Meeting #1 - March 12, 2025

The Oregon Department of State Lands (DSL) has adopted updated administrative rules establishing new fees for Oregon's Removal-Fill Program. This program helps protect the state's wetlands and waterways by requiring permits for activities that involve removing or adding material to rivers, streams, lakes, wetlands, and other waters throughout Oregon.

When Do the New Fees Apply?
  • On or before December 31, 2025: Permit applications, general authorization notices, wetland determinations and delineations that are postmarked or received by DSL on or before December 31, 2025 will be charged the current fees. See the current 2025 fees here.
  • On or after January 1, 2026: The new fees will be effective January 1, 2026, and subsequent increases are scheduled to fall annually on January 1. See the new five-year fee schedule (2026-2030) here.
What Changed?

Changes to administrative rules include:
  • Fees that will cover 80 percent of program costs within five years: Fees will increase gradually over the next five years, beginning with covering 60 percent of costs starting January 1, 2026 and increasing annually until 80 percent of costs are covered in 2030. This allows DSL to immediately begin addressing statutory Common School Fund impacts while also providing applicants with time to budget for increased fees. An annual inflation increase of 5 percent is also included.
  • Fees that are based on time, resources required. A tiered fee structure has been adopted for wetland delineation reports and removal-fill permits that's aligned with how much staff time is required. The tiers for wetland delineation report reviews are based on the size of wetlands or waters present and the size of the study area. The tiers for removal-fill permits are based on the complexity of each permit application, the environmental impacts of different project types on waters of the state, and whether the nature of the project is for-profit or not.
  • A five-year fee schedule that clearly states the cost of removal-fill program services: The new five-year fee schedule covers general authorizations, wetland determinations and delineation reports, and removal-fill permits (Individual, General, and Emergency).​

Curren​t S​tatus

The permanent rules have been filed with the Secretary of State with an effective date of January 1, 2026.  ​Contact dsl.rules@dsl.oregon.gov​​ with any questions, and subscribe to email notifications here.​

Final Rule Language


Second Public Comment Period

​A second public comment period was held from May 1 - May 31, 2025, and DSL held two virtual public rule hearings.

Materials

​First Public Comment Period

A public comment period was held January 2 - February 17, 2025. DSL held two public rule hearings ​on January 16, 2025 and February 3, 2025.​

Materials

Rulemaking Advisory Committee (RAC)

See the RAC Roster here.​

RAC Meeting #6 - November 6, 2024

RAC Meeting #5 - October 9, 2024

RAC Meeting #4 - September 11, 2024

​RAC Meeting #3 - August 28, 2024

RAC Meeting #2​ - August 14, 2024

RAC Meeting #1 ​- July 10, 2024

The Elliott State Research Forest​ was established northeast of Coos Bay in 1930 as Oregon's first state forest. Today, about 83,000 acres are now a nationally important center for forest science research and management that also contributes to conservation, education, recreation, Indigenous culture, and local economies in Oregon. 

The Forest Management Plan for the Elliott guides how the lands will be managed to sustain its diverse values, address fundamental research questions regarding working forests in the context of climate change, and achieve the specific ecosystem goods and service outcomes envisioned for the Elliott. 

People of many different perspectives – including interests of conservation, timber, school funding, recreation, local government, and Tribes – came together to inform the development of a Forest Management Plan for the Elliott. Feedback was gathered from the public, local and federal partners, Tribal governments, and the Elliott State Research Forest Board. Opportunities included listening sessions, a public comment period that received over 400 comments, and board meetings. A summary of key themes and comments can be found in the Community Engagement Report​. 

T​he rules were amended to adopt, by reference, the Forest Management Plan for the Elliott State Research Forest into Oregon Administrative Rules 141-079. In October 2024, the Land Board approved the 2024 Forest Management Plan with the intent to then incorporate the plan into Oregon’s Administrative Rules. The adoption of the Forest Management Plan into rule further codifies it and advances public accountability with respect to the Elliott and related DSL management actions on the research forest.

Current Status

The State Land Board approved the proposed rule language on April 8, 2025. The rule was filed with the Secretary of State on April 9, 2025, with an effective date of April 9, 2025.

Final Rule Language and Related Materials

Public Comment Period

​A public comment period was open from February 3 - March 5, 2025.

The Department of State Lands (DSL) is updating 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​. 

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. 

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

​Current Status

The State Land Board approved the proposed rule language on February 11, 2025. The rules were filed with the Secretary of State (SOS) on February 12, 2025, with an effective date of February 12, 2025.

Final Rule Language and Related Materials

Public Comment Period

​A public comment period was open from October 1 - October 31, 2024. A Notice of Proposed Rulemaking was published by the Secretary of State on October 1, 2024. 

​Updated rules have been adopted that guide how the Department of State Lands leases communication site facilities 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. ​

These rules are being amended to:

  • More efficient lease management. 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.
  • Updated lease rates 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.
  • Alignment 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 required amendments to OAR 141-125 Administrative Rules for Authorizing Special Uses on State-Owned Land. These amendments removed management of communication sites from Division 125, as instead communications sites are now managed under the newly created Division 126.

Current Status

On December 10, 2024, the State Land Board approved the filing of final rule language with the Secretary of State.

Final Rule Language and Related Materials

​​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). An information session followed by a public rule hearing was held online on Thursday, August 15, 2024.

Additional ​reference materials:​


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​​

​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.​

Current Status

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

Secretary of State Permanent Filing Receipt​

Public Comment Period

A public comment period for the amendment of this rule was open from June 3 - July 3, 2024. A Notice of Proposed Rulemaking was published by the Secretary of State.

CONTACT

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