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Comment on Proposed Rules

You may submit public comment on proposed rules through multiple ways: 

  • Submit public comment online through the form below. 
  • Email us at dsl.rules@dsl.oregon.gov 
  • Mail your comment to:
    Rules Coordinator
    775 Summer Street NE, Suite 100
    Salem, Oregon 97301-1279 
  • Attend and testify at a rule hearing

Rules open for public review and comment

If no list appears below, there are no rules currently open for comment. Learn more about rulemaking and proposed rules here.

Summ​ary
DSL is updating 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.​

Current​ Stat​us
​The public comment period has been reopened. After reviewing comments received through September 21, 2026, DSL has made additional rule revisions and is seeking public input from October 26 through November 2, 2026. 

Comments may be submitted in writing: 
​All comments must be received by November 2, 2026, 5 pm (PDT).
Questions? Please contact DSL.Rules@dsl.oregon.gov​.​

What's Changed Since September 21, 2026

DSL proposes additional rule revisions that

  • Revis​​e compensation formulas for new, renewed, and encroachment easements, using diameter increments for infrastructure under 30 inches and a diameter multiplier for infrastructure 30 inches or greater.
  • Add a 5% surcharge to fund restoration activities in Oregon’s territorial sea through DSL’s existing grant program for waterway enhancements.
  • Add an allowance for a two-year temporary encroachment easement to transfer an existing bore pipe/HDD conduit to a department-approved potential user for reuse.
  • Clarify applicability to existing easements issued under Division 123.
  • Clarify application requirements and review timelines.
  • Clarify appeals process.

New materials now available.

​​​​
Public Comment Period

​​The public comment period was originally open from July 1 through August 3​, 2026. The public comment period was extended through September 21 and then reopeoend from October 26 thorugh November 2. 

Below are comments DSL received.​

Proposed Rule Text - October 23, 2026​ ​​

Proposed Rule Text - July 1, 2026

​​​Public Rule Hearings​

Four public rule hearings were conducted from July 20-23, 2026. See below for the recording of the virtual hearing and a copy of the presentation.
​

What Happ​ens Next?​

After the comment period closes and comments are addressed, proposed rules will be presented at an upcoming meeting of the State Land Board for a decision. The public may provide additional testimony at that time. DSL anticipates presenting these rules at the December 8, 2026 meeting of the Land Board, visit the State Land Board page for current meeting information and testimony guidance. 

If adopted, these proposed rules and fees are anticipated to go into effect in January 2027.

About t​he R​ulemaking

​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​.

​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.



 

 



CONTACT

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