However, Oregon does have very strict zoning laws which may make it difficult to build or do certain things on your property. %PDF-1.5 % 0000001554 00000 n 0000003713 00000 n 0000014673 00000 n DLCD v. Douglas County, 28 Or LUBA 242 (1994). increasing citizen access. 0000013659 00000 n hbbd``b`$ ~Hp\|ENYCM Q h 0Pi) o|7x5] ?Rtq\JD'XaAXVOeX2:Jb$A8N|8t K? Jackson County, Oregon Chapter 5 Page i . 0000003976 00000 n If an agricultural tenancy is in place, express consent for the conversion from both the landlord and tenant must be obtained (you cannot terminate an agricultural tenancy for the purposes of carrying out the residential development, unless there is a written agreement that the site is no longer required for. King Estate Winery, Inc. v. Dept. #17Public Health. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). 0000008352 00000 n (d) Operations conducted for: (A) Capsey v. Dept. we provide special support These areas are generally well suited for large-scale farming. 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. of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894. (1/9/03) EFU is a zoning category, and rarely gets changed. of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894. of Clackamas County, 48 Or App 951, 618 P2d 986 (1980), Since former version of this section provided that dwellings provided in conjunction with farm use were nonfarm uses, half-acre homesite on 111 acre tract zone Exclusive Farm Use was properly valued as homesite rather than farmland. How you know of Comm. 0000030356 00000 n 0000036266 00000 n 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. Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978), Where county board of commissioners approved subdivision but did not address policy ramifications of ORS 215.243, order approving subdivision was legally insufficient. Original Source: Properties like churches, utilities, schools, hospitals, offices, feed stores, kennels, etc., are often allowed to inhabit agricultural land. Wright v. KECH-TV, 300 Or 139, 707 P2d 1232 (1985), Provision in county ordinance permitting "utility facilities necessary for public service" in agricultural zones means it must be necessary to place facility in zone. EFU is a zoning category, and rarely gets changed. Do You Pay Sales Tax On A House In Oregon? To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993, 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 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 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780), ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325). A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. The building must be solely for the purpose of agriculture. we provide special support K!t&E @0[Z!.($Ppp}XT6aGd#)z+ @ SIY5wzW] pmU3UIWC`CzgQSyc$~w'A BPx@o=BGV5gPZOm 6SFF1upq8@ A&e[ {$1Sc::xWXA&F Purpose. Your browser is out-of-date! In Oregon, local governments codify these regulations in zoning ordinances or development codes. Linn County v. Hickey, 98 Or App 100, 778 P2d 509 (1989), This section, which provides that churches may be allowed as permitted uses in Exclusive Farm Use zone does not preclude counties from regulating church uses or making them conditional. 0000003075 00000 n 26, 2021). 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon Only share sensitive information on official, secure websites. Zoning ordinances establishing exclusive farm use zones, ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties), 215.284 (Dwelling not in conjunction with farm use), ORS 321.267 (Lands not eligible for special assessment), 321.824 (Lands not eligible for special assessment), ORS 215.255 (Farm product processing facility), ORS 315.141 (Biomass production or collection). It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. Hillcrest Vineyard v. Bd. ORS hTkGw;8c95&iOED"DahS/ZB(-AB[Huc?hPZhg&B3o `@`(X\MF!eF 9LnNp. Salaries above this are outliers. There are two international airports in Oregon. EFU (exclusive farm use)zoning limits development that could conflict with farm practices. Nichols v. Clackamas County, 146 Or App 25, 932 P2d 1185 (1997), Sup Ct review denied, Invalidation of rules inconsistent with statutes listed in ORS 215.304 as of March 1, 1994, is specifically directed to preventing replacement of marginal lands designation and does not otherwise limit LCDC authority to restrict permissible uses of exclusive farm use lands within marginal lands counties. Hawaii is the top state for health care. What are you allowed to do with agricultural land? B. What are Top 10 Highest Paying Cities for Hourly Rate, #32Health Care Access. Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993, Single-family residence could not, as matter of law, be permitted on five-acre parcel zoned for farm use where subject property was presently in agricultural use, generally suitable for such use, and surrounded by operating farms. See if the property is available for sale or lease. If the land is more than six and one half but fewer than 30 acres, your gross income from the farm use must be $100 multiplied by the number of acres. (x) Yes. Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. Rutherford v. Armstrong, 31 Or App 1319, 572 P2d 1331 (1977), Sup Ct review denied, Where land cannot presently or in foreseeable future be utilized for "farm use" as defined in this section, LCDC goal does not require exclusive farm use zoning upon finding of predominance of certain class soils. The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. (last accessed Jun. . !aSVQ{\ mP| q!-}.ac Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978); 1000 Friends v. Benton County, 32 Or App 413, 575 P2d 651 (1978), Although plaintiff's attempt to control tansy ragwort could have restored subject property to profitable future activity, such use of property did not constitute "farm use" within the meaning of this section because the land was not currently being used to obtain profits. of Rev., 8 OTR 361 (1980), aff'd 290 Or 931, 627 P2d 480 (1981), Board of county commissioners' finding that land for which subdivision was proposed could not "presently or in the foreseeable future be utilized for farm use" as defined in this section was not based on substantial evidence where board did not specifically address possible farm applications other than grazing. %PDF-1.4 % Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. The minimum parcel size Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. % Linn County v. Hickey, 98 Or App 100, 778 P2d 509 (1989), Winery with tasting room and related retail activity constitutes commercial activity in conjunction with farm use in form of vineyard. 0000035528 00000 n of Revenue, 12 OTR 407 (1993), Winery is not farm use. Linfoot v. Dept. View photos, public assessor data, maps and county tax information. That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. Through social Learn The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. 0000019932 00000 n The Official Zoning Maps will be numbered, dated, and signed bythe Board of . Counties apply EFU zoning to agricultural lands protected under Statewide Planning Goal 3. For NON-EFU zoning, be sure to read the Gross Income Requirements as well. Kang v. Dept. Section 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules, Everhart v. Dept. EFU zoning reflects the state's agricultural land use policies by seeking to preserve agricultural land for commercial farming and ranching. 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. 17.136.030 Dwellings permitted subject to standards. In order to approve many uses that are not directly related to agriculture, a county must analyze whether the proposed use will significantly change or increase the cost of farming practices on surrounding lands. As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. Join thousands of people who receive monthly site updates. In 1973, only 12 uses were allowed in EFU zones. 0000005055 00000 n Cabbage. Write: Publications, Oregon Department of Revenue, 955 Center Street, NE, Salem OR 97301-2555. A vibrant local farm economy requires a critical mass of farmland. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html Click on a question to reveal the answer. Greenfield v. Multnomah County, 259 Or App 687, 317 P3d 274 (2013), "Private park" as used in this section includes low-intensity outdoor recreational use on farm land that has as component natural enjoyment of outdoors and recreational use for particular group or class of persons. EFU zoning has changed over the years. Is Unsolicited Pictures Illegal In Oregon? CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE 401-5 Last Amended 10/23/21 Table 401-1: Permitted Uses in the EFU District HV LV Use Subject To REST USES A A Propagation or harvesting of a forest product. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>> There are very strict rules on how this land can be used. The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. State law requires that for farmers to qualify, they have to gross $100 an acre. Exclusive Farm Use (EFU) Zoned Farm (a.k.a. Through social J and D Fertilizers, Ltd. v. Clackamas County, 105 Or App 11, 803 P2d 280 (1990), Sup Ct review denied, Boarding of horses for profit is not farm use. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning ( EFU or NON-EFU) for "What Land Qualifies.". Uses permitted in exclusive farm use zones in nonmarginal lands counties, Accessory dwelling for farmer's relative whose assistance in managing farm was required by farmer could be permitted if farmer remained significantly involved in farm operations although relative assumed primary responsibility for managing farm. MLS # . Gilmour v. Linn County, 279 Or App 584, 379 P3d 833 (2016), Ritch v. Dept. (1/9/03) B. Join thousands of people who receive monthly site updates. Agriculture is linked economically to approximately 13 percent of all Oregon sales and 11 percent of the state's economy. (last accessed Jun. Polk County | 850 Main Street | Dallas, Oregon 97338. 215 and Oregon Administrative Rule (OAR) Chapter 660 Division 33. Can you change the use of agricultural land? 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. of Comm., 44 Or App 603, 606 P2d 681 (1980), as modified by 45 Or App 797, 609 P2d 847 (1980), aff'd 290 Or 251, 621 P2d 562 (1980), (1) no finding was made that proposed dwellings would not materially alter stability of overall land use pattern in area and; (2) board's finding that land was generally unsuitable for production of farm crops and livestock was not supported by reliable, probative and substantial evidence. 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 5178 0 obj <> endobj Zoning ordinances establishing exclusive farm use zones, Woodlot was not currently employed as part of whole parcel, and was not surrounded by and did not border on farm use parcel and was therefore not appurtenant. Original Source: for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. stream This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. Can I convert agricultural building to residential? 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. 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. In addition, a case by case review to determine whether the proposed dwelling will have adverse impacts. It has known security flaws and may not display all features of this and other websites. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. As farm operations scale down or leave, farm infrastructure, such as feed stores, processing facilities and irrigation districts may start to disappear, affecting the ability of the remaining farm community to be successful, and driving the cycle of conversion. 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. To preserve agricultural use of agricultural land. Can I build a second house on my property Oregon? 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. Yes! 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. CD-uV%]@|=tsqu5QEP zLh U7Ln8[z]17Mm`~8s}KU[ s6AF!1/p;z_a`7q ID5a!r Cauliflower. <> of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894. Full-Time Residential Use of Tiny Houses on Wheels Largely Illegal in Oregon. Location: EFU is a zoning category, and rarely gets changed. An official website of the State of Oregon . The primary intent of these regulations is to conserve farm and forest lands for the production of crops, livestock, and timber products. 0000035861 00000 n Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). (last accessed Jun. An official website of the State of Oregon 4 0 obj 17.136.020 PERMITTED USES. Kola Tepee, Inc. v. Marion County, 99 Or App 481, 782 P2d 955 (1989), Sup Ct review denied, Boarding of horses for profit is conditional use permitted in EFU zone but is not farm use. of Douglas County, 45 Or App 285, 608 P2d 201 (1980), Since former version of this section specifically excepted "use of dwelling customarily provided in conjunction with farm use" from definition of "farm use," half acre homesite on 111 acre tract zoned Exclusive Farm Use was properly valued as homesite rather than farmland. Carrots & Parsnips. 0000012722 00000 n 0000003599 00000 n Kenagy v. Benton County, 115 Or App 131, 838 P2d 1076 (1992), Sup Ct review denied, Uses permitted conditionally under this section and ORS 215.213 cannot be absolutely prohibited by ORS 215.243, rather, when possible, effect must be given to both statutory provisions. The state's agriculture is also one of the most diverse in the nation with over 225 different types of crops and livestock. 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. It cannot exceed 500 square metres or 12 metres in height. 0000007794 00000 n As an accessory dwellings for farm help not related to the operator. increasing citizen access. Large lot sizes help prevent the division of farms and ranches into smaller parcels that do not support commercial agriculture. Section 215.263 Land divisions in exclusive farm use zones; criteria for approval; rules, PDF versions can be viewed using Adobe Acrobat Reader. High Rise Apartment Residential Zoning District: RH: 136: Exclusive Farm Use Zoning District: EFU: 138: Farm/Forest Zoning District: FF: 140: Commercial Office Zoning District: CO: 141: . 0000001116 00000 n 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. Temporarily during a medical hardship of a family member. What structures can be built on agricultural land? 26, 2021). Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. How big a agricultural building can I build without planning permission? increasing citizen access. Some of the restrictions include: Parcel size: To prevent over-development, there are parcel size minimums of 20 to 160 acres. The maximum time allowed within any campground is 14 nights within any 17-night period. Rutherford v. Armstrong, 31 Or App 1319, 572 P2d 1331 (1977), Sup Ct review denied, Under variance provisions of this section, land included within exclusive farm use zone pursuant to LCDC goal may be used for certain non-farm purposes. What produce is in season right now in Oregon? 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. SECTION 3.010. 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. Menges v. Bd. for non-profit, educational, and government users. ft. home is a 4 bed, 2.0 bath property. 0000003487 00000 n of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894. However, you may need to register with the Secretary of State if you use an assumed name for your business. 26, 2021). $560 is the 25th percentile. As a primary dwelling for the farm operator. (how to identify a Oregon.gov website) When too much residential development encroaches on farmland, a downward cycle of conversion can begin, in which farms experience conflicts with neighbors, such as trespass, littering, pets chasing livestock and complaints about spraying, manure application, hours of operation and other normal farming practices. entrepreneurship, were lowering the cost of legal services and Seven options exist for establishing a dwelling in an EFU zone: New dwellings in an EFU zone have also been authorized as a result of Ballot Measures 37 and 49. https://oregon.public.law/statutes/ors_215.213. On a "lot of record" that has been in the same ownership since 1985. :#dBvX-hH'I+=14K4WeasOa j6}OW:7;Ix2k'7&2t}IFn[UzeNn+]++zhWrCrLWxPOhfw@FN$hz(`pP8b_;50*!^lS |,G'``bI(/E*O:DP3\ED1RZ0aB>ALD6m48V{~G=.mA@X"BO@2A5P0Y76%@ZdaV2dTt! of Revenue, 15 OTR 76 (1999), In determining whether land is suitable for "farm use," factors considered by local government may include net gain or receipts from farm or agricultural activities. The governing body of a county or its designee may approve a proposed division of land in an exclusive farm use zone for nonfarm uses, except dwellings, set out in ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1) (c) or (2) or 215.283 (Uses permitted in exclusive farm use . Widespread development of houses and amenities that serve urban populations on farmland can result in increased conflicts with agricultural practices. exclusive farm useThe purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. Comprehensive plan policies must strive to minimize conversion of farmland to other uses. A. (last accessed Jun. 0000008983 00000 n In 2015, Oregon's agricultural sector produced $5.7 billion. Meeker v. Board of Commissioners, 36 Or App 699, 585 P2d 1138 (1978), aff'd 287 Or 665, 601 P2d 804 (1979), County may not approve partition of exclusive farm use land for purpose of placing nonfarm dwelling on parcel unless county has first determined that dwelling would meet criteria for nonfarm dwelling in EFU zone. entrepreneurship, were lowering the cost of legal services and for non-profit, educational, and government users. Hilary FooteFarm/Forest Specialisthilary.foote@dlcd.oregon.govPhone: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. Warburton v. Harney County, 174 Or App 322, 25 P3d 978 (2001), Sup Ct review denied, "Utility facility" does not include project or site where critical function or functions of utility service are accomplished only by naturally occurring processes. Kenagy v. Benton County, 112 Or App 17, 827 P2d 1047 (1992), Farm owner's involvement with farming operations on leased portions of property combined with owner's past, present and planned expanded uses on unleased part of property bring owner within this statute.
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