Gienger v. Department of State Lands

Petitioner 1 seeks judicial review of a final order of the Department of State Lands (the department) that found that petitioner had violated ORS 196.810 by removing material from the bed and banks of a waterway known as Golf Course Creek without a permit. On review, he raises five assignments of error to the department’s final order. We conclude that the department correctly determined that Golf Course Creek is a “water of the state” and not exempt from the requirements of ORS 196.810. Consequently, we affirm.

Although there are some purported factual issues raised by petitioner in this case,…