Owen v. Division of State Lands

Petitioners Brent Owen and Redding Foundation, Inc. (Redding) seek judicial review of a final order of the Division of State Lands (DSL). The order upheld a cease and desist order that directed petitioners to stop fill activities on a road that spans wetlands located on petitioners’ property until they obtained a permit for that work as provided in ORS 196.810(l)(a). 1 Petitioners assert that the work is exempt from the permit requirement under ORS 196.905(4)(b), 2 the statutory exemption for maintenance of certain farm roads, or under ORS 196.905(6), 3 the exemption for maintenance or…