State Ex Rel. Cox v. Wilson

The State, acting through the Director of the Division of State Lands, brought this suit to enjoin the defendant from filling a portion of Five Mile Creek without first obtaining a permit. The trial court dismissed the Division’s complaint. The Court of Appeals reversed and held the defendant must secure a permit before filling the creek. 26 Or App 887, 554 P2d 529 (1976). We allowed the defendant’s petition for review.

The issue is whether a rule adopted by the Division is authorized by ORS 541.605(8). The rule is an interpretive rule as defined by ORS 183.310. ORS 183.400(2) provides that…