DSL's administrative rules for authorizing special uses on state-owned land, Oregon Administrative Rules 141-125, have not been thoroughly updated since 2008. However, due to rapid advancements in technology, there is a need to separate out two categories, Communications Sites and Renewable Energy, into two separate rule divisions: Division 125 and Division 126.
The Department is undergoing rulemaking for new administrative rules that authorize communication site facilities on state-owned lands (Division 126). These leases include towers and infrastructure supporting the following communication service types: cellular phone, VHF radio, seismic monitoring, Wi-Fi broadband, amateur radio (HAM), emergency services communications and television.
The rule change seeks to address some of the following issues commonly experienced across communication site leases:
- fluidity in equipment ownership and lease assignments,
- need to establish a modern fee structure in keeping with the industry,
- high frequency of sublessees, subcontractors, and
- complexity with co-locating at communication sites.
The new rules will allow a higher level of detail and adaptability in managing communication sites.
Current Status
Administration of the proposed rule language is under review with the Department of Justice. This page will be updated with more information regarding next steps for Land Board review.
Public Review Period
Proposed Rule Language
DSL filed two notices of proposed rulemaking with the Secretary of State on June 17, 2022.
Public Comment
The public comment period was held from July 1 - July 31, 2022.
Public Hearing and Information Session
A public meeting was held on July 21, 2022. View the meeting recording here.
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