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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.

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 required to identify the boundaries of the protected resource. 

The statutory 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. With 2023’s House Bill 2238, the Oregon Legislature approved moving removal-fill fees from statute into administrative rule, allowing the statutory Common School Fund subsidy to be addressed with a new fee structure. 

What’s Proposed
  • Fees that will cover 85 percent of program costs within five years: Fees will increase gradually over the next five years, beginning with covering 60 percent of costs starting July 1, 2025 and increasing annually until 85 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 proposed.
  • Fees that are based on time and resources required. DSL is proposing a tiered fee structure 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, and the environmental impacts of different project types on waters of the state.
  • A five-year fee schedule that clearly states the cost of removal-fill program services: The fee schedules cover general authorizations, wetland determinations and delineation reports, and removal-fill permits (Individual, General, and Emergency). 

See the proposed removal-fill program fees here (PDF). 

These fee changes will be implemented in administrative rules OAR 141-089-0635; OAR 141-090-0032; and OAR 141-085-0545; related conforming rule changes will be implemented in administrative rules OAR 141-085-0510 and OAR 141-093-0120. ​


Current S​tatus

A rulemaking advisory committee was convened from July – November 2024 to inform the how program costs could be covered through changes to the fees, the proposed tiers that the fees would fall under, and how much the fees would be each year. 

A public comment period is now open, see the full public notice here​. ​Contact dsl.rules@dsl.oregon.gov​ with any questions, and subscribe to email notifications here.


Public Comment Period

Proposed Rule Language

​Notice of Proposed Rulemaking: Tracked Changes
Proposed Removal-Fill Program Fees

​​​Public Comment

A public comment period is open through 5:00 p.m. on February 17, 2025 (see the full public notice here). Written comments may be submitted by:

Public Rule Hearings and Information Sessions
The Department will host two public rule hearings via Zoom. The hearing will begin with an informational Q&A session, followed by a public comment session.
  • January 16, 2025, at 6:00 p.m.
  • February 3, 2025, at 9:30 a.m.
Join online: Click here for meeting link
Meeting ID: 250 886 8653
Passcode: w#EnJ067

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

Rulemaking Advisory Committee (RAC)

See the RAC Roster here.​

RAC Meeting #6

A final RAC meeting was held on November 6, 2024.


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.




 

 



CONTACT

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