<> 0000036266 00000 n Oregon is the top producer in the nation of thirteen crops including hazelnuts, fescue seed, and Christmas trees. 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. EFU Zone Table of Contents (1) Purpose 132 (2) Definitions 132 (3) Use Table 136 (4) Use Standards 148 (5) Conditional Use Review Criteria 162 (6) Alteration, Restoration or Replacement of a Lawfully-Established Dwelling 162 Does Oregon have good healthcare? Oregon's agricultural lands protection program has reduced many of these problems relative to other parts of the country, but the threats still exist. HUn6}WQz0 McCaw Communications, Inc. v. Marion County, 96 Or App 552, 773 P2d 779 (1989), 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. 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon There are very strict rules on how this land can be used. You must have JavaScript enabled to use this form. During these two seasons, visitors will find lighter crowds and cooler, Scientists believe this is due to pesticides, urban development, and light pollution. EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. %PDF-1.4 % 0000019932 00000 n we provide special support 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. Carrots & Parsnips. View more property details, sales history and Zestimate data on Zillow. Land divisions in exclusive farm use zones, Where substantial evidence supported county commissioners' finding that proposed subdivision of parcel of agricultural land would promote more intensive farming and greater overall agricultural production than single parcel, state wide planning goal 3 did not require that agricultural lands be used for full-time farming where such farms were not economically viable and where smaller, part-time farms were consistent with existing agricultural enterprise in area. 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. A lock icon ( ) or https:// means youve safely connected to the .gov website. Today the list has grown to more than 60. How Many International Airports Are In Oregon? #17Public Health. Likely, your Farm Special Assessment was disqualified. 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). (last accessed Jun. Agricultural use means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals. for non-profit, educational, and government users. for non-profit, educational, and government users. Dwellings in rural areas are typically limited to detached single-family structures. of Rev., 8 OTR 122 (1979), Homesite located on land zoned for exclusive farm use was not eligible for special assessment. 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. Can I Open Carry In Oregon If I Live In Idaho? 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. 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. As a "nonfarm dwelling." we provide special support 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). Click on a question to reveal the answer. Chapin v. Dept. Benton v. Dept. Zoning Ag & Food Law Update (3,456) Agencies (1,154) Agricultural Marketing Service (324) Animal and Plant Health Inspection Service (183) Commodity Credit Corporation (38) Department of Energy (2) Environmental Protection Agency (624) Farm Service Agency (64) Federal Crop Insurance Corporation (41) Federal Energy Regulatory Commission (3) 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. 0000032125 00000 n 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. Location: ORS ORS H\n08)RcCyTtxg3jooat.)sjCyXYnr?~5!u>ko!nz\>-6[ei6 U3ZBl/vNYU;|^W`H~Zm0.%=XVPC do'={Yg}5=jzc/Bg,A0K%d Y,Ap/s$/|GwTx*=JOSTx*=JOSTxecR_sJ1(*o = endstream endobj 133 0 obj <> endobj 134 0 obj <> endobj 135 0 obj <> endobj 136 0 obj <> endobj 137 0 obj <> endobj 138 0 obj <> endobj 139 0 obj <>stream entrepreneurship, were lowering the cost of legal services and CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. As an accessory dwellings for farm help not related to the operator. To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. of Rev., 4 OTR 489 (1971), To qualify for assessment for farm use, owner must ultimately receive compensation, in some form, from farming or grazing operations conducted for money profit. Whether you are curious where you can grow marijuana or, on the flipside, about what . A. %%EOF 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. Menges v. Bd. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." However, you may need to register with the Secretary of State if you use an assumed name for your business. Wright v. KECH-TV, 300 Or 139, 707 P2d 1232 (1985), Provision in county ordinance permitting "utility facilities necessary for public service" in agricultural zones means it must be necessary to place facility in zone. sU$G`J.8gW. 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. B. The minimum parcel size 0000035861 00000 n 215.263 What are Top 10 Highest Paying Cities for Hourly Rate, #32Health Care Access. increasing citizen access. Likely, your Farm Special Assessment was disqualified. The EFU zone is intended to be a farm zone consistent with OAR 660 Division 033 and ORS 215.283. View information about 13161 Wilco Hwy Ne, Woodburn, OR 97071. Large lot sizes help prevent the division of farms and ranches into smaller parcels that do not support commercial agriculture. 0000030738 00000 n Only share sensitive information on official, secure websites. The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. 17.136.040 Uses permitted subject to standards. Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030 (1995), Uses that may be established "subject to ORS 215.296" are allowable uses subject to approval of local governing body. 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. 0000027601 00000 n The legislature has recognized that EFU zoning limits the use of agricultural land. For information about farm-use assessment on land not in an EFU zone, see The purpose and intent of the acreage residential zone is to provide appropriate regulations governing the division and development of lands designated rural residential in the Marion County Comprehensive Plan. When conflicts become disruptive, farmers stop making investments in their operations and may seek to divide and sell their land for development or use it for other purposes. Polk County | 850 Main Street | Dallas, Oregon 97338. 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. Cabbage. Agriculture is one of the state's biggest industries. 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 View photos, public assessor data, maps and county tax information. Taylor v. Dept. A .gov website belongs to an official government organization in the UnitedStates. 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. We will always provide free access to the current law. In 2015, Oregon's agricultural sector produced $5.7 billion. endstream endobj startxref 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. 14107 Butteville Rd NE , Gervais, OR 97026-9747 is a single-family home listed for-sale at $3,000,000. 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. A complete list of uses allowed is provided in OAR 660-033-0120. Lane County v. LCDC, 325 Or 569, 942 P2d 278 (1997), Buildings established for listed permitted uses are subject to restrictions and requirements of general application. Hillcrest Vineyard v. Bd. Income requirement If the land is six and one half acres or less, your gross income from the farm use must be at least $650. Oregon's The report gives numbers and locations for newly approved land divisions, as well as for newly approved farm and non-farm dwellings. |o_K?X4 kzty.KHc C*g3B;;X.EsRhQ- jqwx _~y,Zz7{o-x7,_^fBV2.z,u`nj$@ 10 Farm Structures That Can Be Built on Agricultural Land. 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. (last accessed Jun. 5184 0 obj <>/Filter/FlateDecode/ID[<2670237DCAAC9647982E0B361415346E><0F233667DCA8FA48AB09E77602C76A2D>]/Index[5178 48]/Info 5177 0 R/Length 54/Prev 555056/Root 5179 0 R/Size 5226/Type/XRef/W[1 2 1]>>stream 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. Linfoot v. Dept. Newcomer v. Clackamas County, 92 Or App 174, 758 P2d 369 (1988), Storage of manure on land other than land where it is produced is not farm use within meaning of this section. What are the primary components of Exclusive Farm Use (EFU) zoning? 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. :#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! Exclusive Farm Use (EFU) Zoned Farm (a.k.a. Counties apply EFU zoning to agricultural lands protected under Statewide Planning Goal 3. v7b[hZ8lR%"c g9;%>|}Ykb6{ATi_VkA,f=4LL]6~^w]Pe<4.~eY>_osTf"QE%z P=m&^r}ZI9o9xu}@#eSQqu. On a "lot of record" that has been in the same ownership since 1985. 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. Home; Disclaimer; Sitemap; Staff Login; Staff Login X. Username or e-mail * You may login with either . Cherry Lane, Inc. v. Board of County Comm., 84 Or App 196, 733 P2d 488 (1987), Sup Ct review denied, Minimum parcel size requirements of ORS 215.780 are applicable to exclusive farm use lot division made for purpose of allowing nonfarm dwelling. 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. 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. 0000007709 00000 n Yes. DLCD prepares a Farm & Forest Report every two years that summarizes recent permit activity in EFU zones across the state. A. Properties like churches, utilities, schools, hospitals, offices, feed stores, kennels, etc., are often allowed to inhabit agricultural land. 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. Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), Commercial activity is operated conjunction with farm use if commercial activity reinforces profitability of farm operations and strengthens likelihood that farm use will continue. Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. What are you allowed to do with agricultural land? Join thousands of people who receive monthly site updates. (d) Operations conducted for: (A) 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. What Do You Need To Fly From California To Oregon? To preserve agricultural use of agricultural land. 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: . 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. 3 0 obj 0000013659 00000 n of Revenue, 294 Or 455, 657 P2d 680 (1983), Farmland that has been destroyed by nonfarm activity may not be classified as "wasteland" for purposes of obtaining farm use assessment. Most likely, a self-contained unit will be created by carving out space from underused rooms inside the house and the other unit would be a standalone structure on a foundation in the backyard. Do I need to register with the state of Oregon to be a farmer? The impact of EFU zoning may also be reflected in recent farm trends that show a healthy agricultural sector. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>> Learn of Comm. It is located on high-value farmland, as defined in MCC 17.137.130 (D), and satisfies the following standards: a. Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. Through social 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 Full-Time Residential Use of Tiny Houses on Wheels Largely Illegal in Oregon. Can I put a tiny home on my property in Oregon? 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. Miles v. Bd. 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. High-value farmland must be avoided to the extent practicable. Original Source: 0000010216 00000 n 0Pi) o|7x5] ?Rtq\JD'XaAXVOeX2:Jb$A8N|8t K? 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. State rules prohibit new dwelling in EFU zones unless applicants can show compliance with certain standards. How big a agricultural building can I build without planning permission? increasing citizen access. https://oregon.public.law/statutes/ors_215.213. Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. 0000031845 00000 n Jackson County Citizens' League v. Jackson County, 171 Or App 149, 15 P3d 42 (2000), "Public or private school" is restrictive term that does not include broad range of places of learning. Commercial activities that are in conjunction with farm use, including the processing of farm crops into biofuel not permitted under ORS 215.203 (Zoning ordinances establishing exclusive farm use zones) (2) (b) (K) or 215.255 (Farm product processing facility). 0000007794 00000 n Greenfield v. Multnomah County, 259 Or App 687, 317 P3d 274 (2013), "Incidental" as used in this section limits types of nonfarm crops or livestock items sold at farm stands but does not limit amount of sales of those items. entrepreneurship, were lowering the cost of legal services and ft. home is a 4 bed, 2.0 bath property. How you know Drug, Alcohol, Problem Gambling, and Suicide Prevention, Land Records Search/Digital Research Room, GIS Download and Assessment & Taxation Data, Subdivisions, Partitions & Property Line Adjustments, Development Standards Lot Area, Yards, Height Restrictions and Access, Wineries, Cider Businesses, & Farm Breweries, Acreage Residential: Five Acre Zoning District, Acreage Residential: Ten Acre Zoning District, Agriculture and Forestry: Ten Acre Zoning District, Grand Ronde: Low Density Residential Zone, Single Family Residential Zoning District, Limited Multi-Family Residential Zoning District, High Rise Apartment Residential Zoning District, Unincorporated Community Commercial Office Zoning District, Unincorporated Community Commercial Retail Zoning District, Unincorporated Community Commercial General Zoning District, Northwest Polk Community Commercial Zoning District, Unincorporated Community Industrial Commercial Zoning District, Eola UnincorporatedCommunity Commercial Zoning District, Rickreall Unincorporated Community Commercial Zoning District, Eola Unincorporated Community Industrial Commercial Zoning District, Rickreall Unincorporated Community Industrial Commercial Zoning District, Eola Unincorporated Community Industrial Zoning District, Rickreall Unincorporated Community Industrial Zoning District, Unincorporated Community Industrial Park Zoning District, Unincorporated Community Light Industrial Zoning District, Unincorporated Community Heavy Industrial Zoning District, Restaurants/Mobile Units/Temporary Restaurants and Outdoor Mass Gathering Events, Plan Amendment (PA) 18-01 and Zone Change (ZC) 18-02. In Oregon, local governments codify these regulations in zoning ordinances or development codes. The ORS 215.780(2) provisions that allow counties to adopt a minimum lot size smaller than would otherwise be Can houses be built on agricultural land? Section 215.263 Land divisions in exclusive farm use zones; criteria for approval; rules, Can You Build A House On Efu Zoned Land In Oregon? Although the primary use in EFU zones remains farming, the zone has been diversified to include a variety of uses such as agritourism, dog training, and destination resorts. But, if youre buying agriculturally zoned land to build a house on, you have to be comfortable living next to farms that might raise livestock. Linfoot v. Dept. 0000010625 00000 n https://www.oregonlegislature.gov/bills_laws/ors/ors215.html (1/9/03) Fitzwater v. Dept. Acreage residential zones are areas that are suitable for development of acreage homesites. Widespread development of houses and amenities that serve urban populations on farmland can result in increased conflicts with agricultural practices. It is virtually impossible to have a small-acreage off-grid farm in Oregon. In addition, The comparison to other parts of the country is now stark, especially at the edges of urban areas, where in most states low-density residential development continues to leap-frog across the landscape, forcing the premature conversion of farms to other uses. Resource Documents Contacts Hilary Foote Farm/Forest Specialist hilary.foote@dlcd.oregon.gov Phone: 503-881-9249 DLCD Regional Representatives Regional Representatives by Region Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030 (1995), Uses that may be established "subject to ORS 215.296" are allowable uses subject to approval of local governing body.