Essential Salmonid Habitat Map

Proposed Map Update — Comment Period Ends February 12th

 

The Oregon Department of State Lands (DSL) is seeking comments on its proposed updates to the statewide map of essential habitat for salmonid fish species. The comment period opened January 13th and ends February 12th, 2025.

A permit is often required to remove or fill materials in Oregon streams, side channels, and adjacent wetlands that have been mapped as Essential Salmonid Habitat (ESH).

Click the button below to visit the ESH page, and scroll to the bottom section to access proposed map updates and commenting info:

Comments can be made by:

Note the special instructions at the very bottom of the page for submitting proposed edits to the ESH map.

Per the DSL ESH page: “Statewide, about 113 additional stream miles will now be designated as essential habitat and about 12 stream miles will no longer be essential habitat. The updated map will take effect Monday, March 3, 2025.”

Additional Comment Periods, News and Events

Potential Hayden Island Land Sale

The Oregon State Land Board (which oversees the DSL) includes the following action items in its February 11, 2025 Meeting Agenda with opportunity for public testimony:

  • Begin due diligence for a potential land sale on the western side of Hayden Island.
    • On behalf of the Interstate Bridge Group, the Oregon Department of transportation (ODOT) has applied to purchase 65 acres of filled lands on Hayden Island.
    • Currently undeveloped open space, ODOT seeks to maintain these lands in a natural state in perpetuity to offset impacts related to I-5 bridge construction.
    • Due diligence begins research on a potential land sale and includes opening a public comment period.
  • Adopt amended rules to formally incorporate new rocky habitat designations identified in Part III of Oregon’s Territorial Sea Plan.
  • Appoint Kaitlin Lovell of Colton as a voting member of the Elliott State Research Forest Board of Directors.

More information with instructions for attendance and providing public testimony is at the following link (expand the February 11, 2025 entry):

DSL Rulemaking: Removal-Fill/Wetland Fees & Elliott Forest Plan

Two Department of State Lands (DSL) rulemaking proposals are currently open for public comment:

  • Fees for Removal-Fill Permits and Wetland Delineation Reports
    • Per DSL, the current statutory fee structure only covers 21% of the total cost to the state of administering the removal-fill permitting process. The statutory Common School Fund subsidizes the remaining cost.
    • Under the proposed rulemaking (approved by 2023’s House Bill 2238), fees will gradually increase over the next five years, reaching 85% coverage of total costs.
    • This public comment period is part of that rulemaking process and closes on February 17th, 2025 at 5:00pm.
  • Adopt, by reference, the 2024 Elliott State Research Forest Management Plan into Oregon Administrative Rules 141-079

More information with instructions for making comments (including a public comment web form) is at the following link:

Industrial Development Proposes Removal and Fill of Wetlands

The Oregon Department of Environmental Quality (DEQ) requests public comments on a proposed Mutual Agreement and Order for the proposed Hillsboro Corporate Park real estate development. Comments are due by March 10th, 2025 at 5:00pm.

  • Hillsboro Corporate Park by Trammell Crow proposes to impact wetlands in order to develop an industrial park with multiple buildings and associated infrastructure. The project is located in wetlands adjacent to McKay Creek, in Hillsboro, Washington County, Oregon.
  • The public notice is available for review and comment in the Your DEQ Online public records module.
  • Viewing and commenting do not require a user account unless adding an attachment.

Click the Direct Link button, review the Submittal Info and Public Notice, then click “Comments” at the top:

State Bill Introduced to Fund Study of Columbia Blvd Bridge Replacements

A bill has been introduced in the state legislature (HB 2749) that would appropriate $5 million to ODOT for distribution to the Portland Bureau of Transportation (PBOT) to begin studying replacements of the Columbia Boulevard bridges crossing over “the cut” (rail trench) in North Portland. Among other benefits, this would support Columbia Boulevard as an emergency route.

  • A post by Donna Cohen in the North Peninsula Review with map images is linked below. A link to the legislature’s page for the bill is also below.
  • To receive an alert when the bill is scheduled to be heard in Committee, click the Legislation Link button below, click “e-Subscribe” at the upper-right corner of the page, and submit your information.
  • Once the hearing is scheduled, the “Register to Testify” and “Submit Testimony” links at the top of the page will activate and you will receive a notification if you e-Subscribed. We encourage you to submit testimony in support of the bill at that time.

Oregon’s Climate Protection Program

DEQ has released informational materials to support the recently adopted Climate Protection Program (CPP).

  • During its November 2024 meeting, Oregon’s Environmental Quality Commission adopted rules to establish the CPP, as OAR Chapter 340, Division 273.
  • The CPP sets an enforceable declining cap on greenhouse gas emissions from fossil fuels used throughout Oregon, including diesel, gasoline, and natural gas.
  • The Program is designed to reduce these emissions by 50% by 2035 and 90% by 2050. Learn more:

DEQ PFAS Rulemaking

DEQ held its second of two planned Rules Advisory Committee (RAC) meetings on January 22nd, 2025 for a proposed PFAS* rulemaking. During the meeting, observed via Zoom by a PHCAG board member, the RAC debated three options:

  • Adding two PFAS to DEQ’s hazardous substances list (specifically PFOA and PFOS), matching EPA’s action in April 2024 adding these two to its CERCLA list, or
  • Adding six PFAS to DEQ’s list (specifically PFOA, PFOS, PFHxS, PFNA, HFPO-DA a/k/a “GenX Chemicals”, and PFBS), matching EPA’s April 2024 drinking water standards ruling, or
  • Readopting EPA’s entire current CERCLA hazardous substances list as updated through April 2024; this would represent a substantial update to DEQ’s list which has not been updated since March 2006.

Due to the lengthy and in-depth nature of the conversation on January 22nd, DEQ is weighing the addition of a third RAC meeting before proceeding to rulemaking and public comment. At the time of this blog post’s publication, no updates have yet been posted to this RAC’s webpage.

* PFAS stands for per- and polyfluoroalkyl substances.

Monitor status and learn more:

DEQ Approves a Company’s Fuel Tank Seismic Stability Risk Mitigation Plan

DEQ’s Fuel Tank Seismic Stability (FTSS) Program recently approved PDX Fuel Company, LLC’s seismic Risk Mitigation Implementation Plan for their facility at Portland International Airport.

  • The FTSS Program regulates large-capacity oil and liquid fuel storage and distribution facilities in Lane, Multnomah, and Columbia counties.
  • The Program requires facilities to assess their vulnerability to earthquakes and develop a plan to minimize the risk of damage from earthquakes and their secondary effects on the public and employees.
  • Located near the Port of Portland, PDX Fuel Company, LLC’s fuel facility provides jet fuel to the Portland International Airport.
  • The company’s Mitigation Plan includes building three new jet fuel storage tanks, and involves replacing most of the existing fuel facility infrastructure in approximately four years. Learn more:

DEQ Receives Zenith’s LUCS from City of Portland

DEQ received a City of Portland-approved Land Use Compatibility Statement (LUCS) from Zenith Energy on February 3rd, 2025.

  • DEQ is reviewing the LUCS to ensure it is complete and will provide confirmation of that decision in the coming weeks.
  • Zenith’s air quality permitting process is still on pause while DEQ evaluates the LUCS.

Rumble on the River #20

Rumble on the River #20 is coming up:

  • Thursday, February 20th, 2025
  • Doors open at 5:30pm, Panel Discussion at 6:30pm
  • St. Luke Lutheran Church, 4595 SW California St Portland OR 97219
  • Topics:
    • Zenith Energy’s Expansion Schemes
    • PGE’s Proposed Intrusion Into Forest Park
    • Port Westward Plans: Massive Refinery & Rail Yard in the Columbia River Estuary
    • Surge of Artificial Intelligence & Data Centers—Threats To Oregon’s 45 Year Old Anti-Nuke Law
Rumble on the River #20 Flyer