of County Commrs of Marion Co., 42 Or App 115, 600 P2d 433 (1979), Sup Ct review denied, Granting of conditional use permit to construct sewage treatment facility on undersized parcel in farm-residential use zone was consistent with this section. Monday - Friday Uses permitted in exclusive farm use zones in nonmarginal lands counties, ORS 215.275 (Utility facilities necessary for public service), ORS 215.274 (Associated transmission lines necessary for public service), ORS 92.010 (Definitions for ORS 92.010 to 92.192), ORS 215.780 (Minimum lot or parcel sizes), ORS 308A.250 (Definitions for ORS 308A.250 to 308A.259), ORS 215.279 (Farm income standard for dwelling in conjunction with farm use), ORS 517.750 (Definitions for ORS 517.702 to 517.989), ORS 358.480 (Definitions for ORS 358.480 to 358.545), ORS 215.291 (Alteration, restoration or replacement of lawfully established dwelling), ORS 215.255 (Farm product processing facility), ORS 454.695 (License required to perform sewage disposal services), 468B.053 (Alternatives to obtaining water quality permit), 468B.055 (Plans and specifications for disposal, treatment and sewerage systems), ORS 468B.095 (Use of sludge on agricultural, horticultural or silvicultural land), ORS 215.246 (Approval of land application of certain substances), 215.251 (Relationship to other farm uses), ORS 162.135 (Definitions for ORS 162.135 to 162.205), ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones), ORS 215.203 (Zoning ordinances establishing exclusive farm use zones), 215.255 (Farm product processing facility), ORS 215.298 (Mining in exclusive farm use zone), ORS 195.120 (Rules and planning goal amendments for parks required), ORS 195.300 (Definitions for ORS 195.300 to 195.336), ORS 215.447 (Photovoltaic solar power generation facilities on high-value farmland), ORS 671.520 (Definitions for ORS 671.510 to 671.760), ORS 671.318 (Businesses providing landscape architecture services), ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), 215.284 (Dwelling not in conjunction with farm use). ORS of Rev., 4 OTR 489 (1971), Contiguous area of substantial size not used for farm purposes must be denied exemption even though contained within boundaries of qualifying farm operation. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978), Where county had not yet adopted comprehensive plan but had zoned certain portions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. 0000003976 00000 n Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon To replace a dwelling that currently or previously existed. The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. Are new dwellings allowed in Exclusive Farm Use (EFU) zones? Wetherell v. Douglas County, 342 Or 666, 160 P3d 614 (2007), Where respondent landowner grows, cuts, bales and compresses straw on property, zoned for exclusive farm use, then ships straw to market, respondent engages in "preparation" of straw and respondent's use of property is "farm use." Approval of this type of dwelling typically requires evidence of earned farm income over the past several years. It is intended to be applied in those areas composed of tracts that are predominantly high-value farm soils as defined in OAR 660-033-0020(8). Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied, Statutory scheme establishing LCDC and granting it authority to establish state-wide land use planning goals does not unconstitutionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Write: Publications, Oregon Department of Revenue, 955 Center Street, NE, Salem OR 97301-2555. v7b[hZ8lR%"c g9;%>|}Ykb6{ATi_VkA,f=4LL]6~^w]Pe<4.~eY>_osTf"QE%z P=m&^r}ZI9o9xu}@#eSQqu. Dorvinen v. Crook County, 153 Or App 391, 957 P2d 180 (1998), Sup Ct review denied, Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284, Published notice is adequate if property owners can reasonably ascertain that property in which they hold interest may be affected. Just driving through farmland in Oregon provides persuasive evidence that EFU zoning has been able to protect large areas of land from conversion to other uses, particularly sprawling and costly residential subdivisions. Learn how, An official website of the State of Oregon, Department of Land Conservation and Development, An official website of the State of Oregon , Transportation and Growth Management Program, Land Conservation and Development Commission, Oregon Legislative Information System (OLIS), Show these lands in the county's comprehensive plan, Adopt policies to preserve farmland in the comprehensive plan, Zone farmland EFU (exclusive farm use)consistent with state law. Can I Open Carry In Oregon If I Live In Idaho? They allow landowners to build, extend, develop, convert, excavate or carry out engineering work on certain sites without going through the full planning permission process, and some have been designed specifically for agricultural buildings. All 36 counties in Oregon have implemented EFU zoning. Fitzwater v. Dept. Dwellings on Farm and Forest Lands Lot-of-record dwellings may not be sited on high-value farmland unless the parcel cannot practicably be managed for farm use. EFU (exclusive farm use)zoning limits development that could conflict with farm practices. (last accessed Jun. What Do You Need To Fly From California To Oregon? hb```b`` Xmd$6OI H@xy:oPia)OACe?,4}W&ZkXgGKw3]uH1;fH3@ OJ+ endstream endobj 167 0 obj <>/Filter/FlateDecode/Index[8 120]/Length 27/Size 128/Type/XRef/W[1 1 1]>>stream Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. An official website of the State of Oregon Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. Only share sensitive information on official, secure websites. 0000003487 00000 n CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 10 Farm Structures That Can Be Built on Agricultural Land. Everhart v. Dept. Salaries above this are outliers. Oregon is the top producer in the nation of thirteen crops including hazelnuts, fescue seed, and Christmas trees. 215.283 Hooper v. Clackamas County, 87 Or App 167, 741 P2d 921 (1987), Sup Ct review denied, Defendant's kennel operations did not become nonconforming use until county enacted ordinance to prohibit kennel operations in agricultural zone, and were permitted under earlier zoning ordinances because they come within definition of farm use. Clark v. Jackson County, 313 Or 508, 836 P2d 710 (1992), Uses that "may be permitted" in exclusive farm use zone are uses as of right not subject to additional local government restriction. 3 0 obj Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied, Statutory scheme establishing LCDC and granting it authority to establish state-wide land use planning goals does not unconstitutionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Large lot sizes help prevent the division of farms and ranches into smaller parcels that do not support commercial agriculture. % Fitzwater v. Dept. A county law enforcement facility that lawfully existed on August 20, 2002, and is used to provide rural law enforcement services primarily in rural areas, including parole and post-prison supervision, but not including a correctional facility as defined under ORS 162.135 (Definitions for ORS 162.135 to 162.205). Land within such zones shall be used exclusively for farm use except as otherwise provided in ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses . 5225 0 obj <>stream One is Rogue Valley International Medford Airport and, $6,837 is the 90th percentile. During these two seasons, visitors will find lighter crowds and cooler, Scientists believe this is due to pesticides, urban development, and light pollution. Acreage residential zones are areas that are suitable for development of acreage homesites. Craven v. Jackson County, 308 Or 281, 779 P2d 1011 (1989); Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), For purpose of determining whether accessory dwelling for farmer's relative is permissible, questions of whether farm owner is farm operator and whether owner requires relative's assistance in conducting farm operations are inseparable, and should not be treated as independent questions. No, there is no registration or license to be a farmer. Learn CD-uV%]@|=tsqu5QEP zLh U7Ln8[z]17Mm`~8s}KU[ s6AF!1/p;z_a`7q ID5a!r 26, 2021). Josephine County v. Garnier, 163 Or App 333, 987 P2d 1263 (1999), Separate showing of compliance with, or exception to, state land use planning goal dealing with urbanization is not required in order to allow uses in exclusive farm use zone that are urban in nature but of kinds specifically allowed by statute. entrepreneurship, were lowering the cost of legal services and Keicher v. Clackamas County, 175 Or App 633, 29 P3d 1155 (2001), Provision of emergency medical services and training is within statutory authorization for facilities providing rural fire protection services. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied, Statutory scheme establishing LCDC and granting it authority to establish state-wide land use planning goals does not unconstitutionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. for non-profit, educational, and government users. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html hbbd``b`$ ~Hp\|ENYCM Q h x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue; Can I convert agricultural building to residential? exclusive farm useThe purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. Statewide Planning Goal 3 defines agricultural land using soil types and other factors. Chapin v. Dept. Through social Join thousands of people who receive monthly site updates. of Comm. of Rev., 7 OTR 162 (1977), Farm use land includes any land capable of profitable agricultural production regardless of its size under position taken by Oregon Tax Court. 0000003713 00000 n of Rev., 12 OTR 48 (1991), Listing of specific activity as permitted nonfarm use prevents activity from qualifying under broader farm use category, so land used for activity is not in farm use. 128 0 obj <> endobj xref 128 41 0000000016 00000 n Home; Disclaimer; Sitemap; Staff Login; Staff Login X. Username or e-mail * You may login with either . EFU zoning also helps prevent establishment of uses that are not compatible with agriculture. 0000001554 00000 n of Rev., 12 OTR 48 (1991), Uses permitted conditionally under this section and ORS 215.283 cannot be absolutely prohibited by ORS 215.243, rather, when possible, effect must be given to both statutory provisions. How Long Can You Stay At An Oregon State Park? Kenagy v. Benton County, 115 Or App 131, 838 P2d 1076 (1992), Sup Ct review denied, Proposed activities on farm property is basis for determining whether relative's assistance is required. The division and sale of farmland for non-farm purposes drives up land prices, often putting it out of the reach of existing farms and new farmers wanting to enter the market. 0000014673 00000 n sU$G`J.8gW. Taylor v. Dept. Linfoot v. Dept. Evidence of earned farm income is typically required. Friends of Parrett Mountain v. Northwest Natural Gas Co., 336 Or 93, 79 P3d 869 (2003), Enactment of ORS 215.452 and 2010 changes to that statute do not preclude wineries from being established, subject to approval of governing body, in exclusive farm use zone if winery is operated in conjunction with farm use. endobj The minimum parcel size of Comm. Exclusive Farm Use (EFU) Zoned Farm (a.k.a. 0000027601 00000 n The Official Zoning Maps will be numbered, dated, and signed bythe Board of . for non-profit, educational, and government users. Oregon's Goal 14 also requires cities and counties to plan for growth in population and employment and that this growth is to be contained inside urban growth boundaries. Agricultural practices like pesticide spraying, manure management, and movement of farm machinery, while critical for maintaining farm operations, are not pleasant to live with as a residential neighbor. The maximum time allowed within any campground is 14 nights within any 17-night period. 215.263 Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030 (1995), Where language describing use permitted as of right employs inexact or delegative terms to describe limitations, agency may interpret limits by rule. Gilmour v. Linn County, 279 Or App 584, 379 P3d 833 (2016), Ritch v. Dept. of Rev., 6 OTR 496 (1976), Buildings used for temporary housing of itinerant farm workers during harvest periods were buildings supporting "accepted farming practices" under this section. Dallas, OR 97338Google Map, Ph. If you are not sure if your land is within a farm-use zone, check with your planning office or your county assessor's office. Land in an EFU zones is eligible for lower property taxes when the land is farmed. Carrots & Parsnips. Cox v. Polk County, 174 Or App 332, 25 P3d 970 (2001), Sup Ct review denied, Fire service facility has purpose of "providing rural fire protection services" if predominant area served by facility is rural. 17.136.020 Permitted uses. Marquam Farms Corp. v. Multnomah County, 147 Or App 368, 936 P2d 990 (1997), Buildings established for listed permitted uses are subject to restrictions and requirements of general application. Kang v. Dept. of Revenue, 14 OTR 169 (1997), aff'd 329 Or 414, 988 P2d 369 (1999), "Profit" is measured by direct expenditures and income from use of land and excludes consideration of indirect expenditures and profits. A. For planning purposes the zoning ordinance as it pertains to EFU, generally allows for only one single family dwelling unit, buildings accessory to a dwelling, and permitted agricultural buildings for animals and equipment as necessary to operate a farm. Josephine County v. Garnier, 163 Or App 333, 987 P2d 1263 (1999), Requirement that utility facility be "necessary" for provision of service refers only to need to site facility in exclusive farm use zone instead of nonfarmland site, not to selection of facility as means of providing service. EFU is a zoning category, and rarely gets changed. In addition, 0000007150 00000 n The state's agriculture is also one of the most diverse in the nation with over 225 different types of crops and livestock. Oregon's statewide program requires counties to: Oregon's program emphasizes availability of land, free from conflicts, for use by commercial agriculture. Land Conservation and Development Commission (LCDC) sets standards and criteria for protecting farmland. 0000035528 00000 n ORS Refer to the Oregon Department of Revenue Farm Assessment flyer for your propertys zoning (EFU or NON-EFU) for What Land Qualifies. For NON-EFU zoning, be sure to read the Gross Income Requirements as well. The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . Keicher v. Clackamas County, 175 Or App 633, 29 P3d 1155 (2001), "Subsurface of public roads and highways" includes entire right-of-way within which thoroughfare has been constructed, not merely hard surface on which traffic travels. It has known security flaws and may not display all features of this and other websites. 17.136.030 Dwellings permitted subject to standards. increasing citizen access. Agriculture is one of the state's biggest industries. For more than four decades, Oregon has maintained a strong policy to protect farmland. . endstream endobj 129 0 obj <>/Metadata 6 0 R/Pages 5 0 R/StructTreeRoot 8 0 R/Type/Catalog/ViewerPreferences<>>> endobj 130 0 obj <>/Font<>/ProcSet[/PDF/Text]/Properties<>/XObject<>>>/Rotate 0/StructParents 1/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 131 0 obj <> endobj 132 0 obj <>stream (1/9/03) B. !aSVQ{\ mP| q!-}.ac 0000008983 00000 n https://oregon.public.law/statutes/ors_215.203. It is virtually impossible to have a small-acreage off-grid farm in Oregon. It is intended to be applied in those areas composed of tracts that are predominantly high-value farm soils as defined in OAR 660-033-0020(8). Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. The capability of land for farming also plays a role in where urban development goes. SECTION 3.010. 0000032125 00000 n Forestland Deferral You may download an Application for Designation of Land as Forestland. We will always provide free access to the current law. Section 215.203 Zoning ordinances establishing exclusive farm use zones; definitions, Zoning that limits land partitioning, speculation, and adjacent conflicting uses leaves farmers and ranchers free to pursue farming and confident enough of a long-range future in farming to make continued investments in their operations.