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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 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 September 1, 2025 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 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). (Updated - May 2025)

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

Due to significant changes based on public feedback, this is the second public comment period for the proposed fees following the initial one held earlier this year. 

A public comment period will be open through May 31, at 5:00 p.m. (see the full public notice here​​), and two virtual public hearings will be held on May 28 and May 29 (please see below for meeting information and how to join). ​Contact dsl.rules@dsl.oregon.gov​ with any questions, and subscribe to email notifications here.​


Second Public Comment Period

​Revised Proposed Rule Language

Second Notice of Proposed Rulemaking: Tracked Changes (May 2025)​

Track changes of revisions after the first comment period:


Public Comment
A public comment period will be open from May 1, 2025, through 5:00 p.m., May 31, 2025.

Comments may be submitted in writing via 

Public Rule Hearings and Information Sessions
The Department will hold two virtual public rule hearings:
  • ​Wednesday, May 28 at 6:00 p.m.
  • Thursday, May 29 at 9:00 a.m.

Join online:
Meeting ID: 250 886 8653
Passcode: w#EnJ067

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

Please note that the meeting link and call-in number are the same for both public hearings.


First Public Comment Period

Proposed Rule Language

​Notice of Proposed Rulemaking: Tracked Changes (January 2025)
Proposed Removal-Fill Program Fees (January 2025)

​​​Public Comment

A public comment period was open January 2, 20025, through February 17, 2025 (see the full public notice here). 

The Department received nine comments total during the first public comment period and has provided written responses​.


Public Rule Hearings and Information Sessions
The Department held two public rule hearings on January 16, 2025, and February 3, 2025.
Please note there were no members of the public in attendance at the January 16 meeting.

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

The 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