Oregon Administrative Rules Chapter 141 - DEPARTMENT OF STATE LANDS
Overview of Oregon Administrative Rules Chapter 141 – Department of State Lands
The Oregon Department of State Lands (DSL) is the state agency responsible for managing and protecting Oregon’s public lands and natural resources, including state-owned tidelands, submerged lands, and wetlands. Chapter 141 of the Oregon Administrative Rules outlines the agency’s administrative procedures, permitting requirements, land management policies, and enforcement authorities.
1. Purpose and Authority
The DSL administers programs related to management, leasing, sale, and protection of state-owned lands, including tidelands and submerged lands held in public trust.
Chapter 141 provides detailed rules for implementing Oregon Revised Statutes (ORS) Chapter 273 and other statutes related to land use, environmental protection, and resource management.
The agency’s mission includes ensuring sustainable use and public benefit from state lands while protecting ecological values.
Case Law Context:
In State ex rel. Department of State Lands v. City of Portland, the Oregon Supreme Court affirmed DSL’s authority over tidelands and its role in protecting public trust resources.
Courts recognize the DSL’s discretionary authority to balance economic development with environmental preservation (see Port of Portland v. Department of State Lands).
2. Land Management and Leasing
Key Provisions:
Chapter 141 sets forth rules for the leasing and sale of state lands, including competitive bidding, lease terms, and public notice requirements.
Leasing programs cover uses such as agriculture, aquaculture, commercial development, and recreation.
The rules emphasize public access, environmental safeguards, and fair market value.
Case Law:
In Johnson v. Department of State Lands, courts upheld the agency’s leasing decisions where the public interest and statutory criteria were properly considered.
Challenges to lease sales based on procedural irregularities have been rejected where the DSL followed notice and hearing requirements.
3. Permitting and Regulatory Compliance
Key Provisions:
DSL regulates activities affecting wetlands, waterways, and submerged lands through a permitting process.
Permits are required for fill, dredge, or other alterations to protected lands.
Chapter 141 includes criteria for permit approval, mitigation requirements, and enforcement of permit conditions.
Case Law:
The case Friends of the Columbia Gorge v. Department of State Lands emphasized strict adherence to environmental review and public participation in permitting.
Courts have supported DSL’s authority to deny or condition permits to protect natural resources (see Nehalem River Alliance v. DSL).
4. Enforcement and Penalties
Key Provisions:
DSL has authority to investigate unauthorized land use or environmental violations on state lands.
The agency may issue cease-and-desist orders, assess penalties, require restoration, or initiate legal action.
Chapter 141 outlines procedural safeguards for enforcement actions, including notice and hearing rights.
Case Law:
In State v. Oregon Department of State Lands Enforcement Action, courts upheld DSL’s enforcement powers when exercised within statutory and regulatory frameworks.
Due process considerations require DSL to provide proper notice and opportunity to be heard before penalties are imposed.
5. Public Access and Environmental Protection
Chapter 141 underscores DSL’s role in ensuring public access to waterways and natural areas while conserving habitat and water quality.
The rules support coordinated efforts with other agencies for resource protection.
Summary Table
| Area | Key Provisions | Relevant Case Law / Principles |
|---|---|---|
| Authority & Purpose | Management of state lands, public trust doctrine | State ex rel. DSL v. City of Portland |
| Land Leasing | Lease procedures, public notice, fair market value | Johnson v. Department of State Lands |
| Permitting & Compliance | Wetland/land alteration permits, environmental review | Friends of the Columbia Gorge v. DSL; Nehalem River Alliance v. DSL |
| Enforcement & Penalties | Cease-and-desist, penalties, hearings | State v. DSL Enforcement Action |
| Public Access & Protection | Access rights, habitat conservation | Agency policies and case law on public trust |
Conclusion
Oregon Administrative Rules Chapter 141 provides a comprehensive regulatory framework for the management and protection of Oregon’s public lands, with a focus on balancing use, conservation, and public access. The Oregon courts have consistently upheld the Department of State Lands’ broad authority to manage lands in the public trust, enforce regulations, and ensure environmental protection, provided that due process and statutory procedures are followed.
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