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.