https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 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. DLCD prepares a Farm & Forest Report every two years that summarizes recent permit activity in EFU zones across the state. To preserve agricultural use of agricultural land. HUn6}WQz0 It is located on high-value farmland, as defined in MCC 17.137.130 (D), and satisfies the following standards: a. fice or your county assessor's office. 0000013659 00000 n Polk County Zoning Ordinance | Polk County Oregon Official Website 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 primary intent of these regulations is to conserve farm and forest lands for the production of crops, livestock, and timber products. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. As an accessory dwellings for farm help not related to the operator. The main tool for carrying out that policy is the statewide planning program. 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. Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. PDF CHAPTER 17.136 EXCLUSIVE FARM USE ZONE - Marion County, Oregon The legislature has recognized that EFU zoning limits the use of agricultural land. Monday - Friday 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. PDF Assessment of Farmland in an Exclusive Farm-Use Zone, 150-303-644 - Oregon in an Exclusive Farm-Use Zone This information circular explains farm-use assess-ments on farmland in an exclusive farm-use (EFU) zone. Likely, your Farm Special Assessment was disqualified. Chapin v. Dept. 0000035528 00000 n 0000003487 00000 n DLCD v. Douglas County, 28 Or LUBA 242 (1994). 7031 Koll Center Pkwy, Pleasanton, CA 94566. To replace a dwelling that currently or previously existed. 26, 2021). 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. 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. You must have JavaScript enabled to use this form. Through social We will always provide free access to the current law. Fitzwater v. Dept. EFU zoning has changed over the years. %PDF-1.5 % 26, 2021). To preserve agricultural use of agricultural land. Taylor v. Dept. Zoned Farm) Property must be in an Exclusive Farm Use zone and must be used to grow something for sale with the intent to make a profit. 0000002184 00000 n Find properties near 13161 Wilco Hwy Ne. 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. In 1973, only 12 uses were allowed in EFU zones. 14107 Butteville Rd NE , Gervais, OR 97026-9747 is a single-family home listed for-sale at $3,000,000. Can I convert agricultural building to residential? https://oregon.public.law/statutes/ors_215.213. What structures can be built on agricultural land? Nichols v. Clackamas County, 146 Or App 25, 932 P2d 1185 (1997), Sup Ct review denied, Administrative rules governing high-value farmland are not subordinate to statutes governing permissive uses for exclusive farm use zones in nonmarginal land counties. hbbbf`b``3y 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. The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. we provide special support for non-profit, educational, and government users. PDF Assessment of Farmland Not in an Exclusive Farm-Use Zone - Oregon The types of uses allowed often vary depending on the capability of soils for agricultural production. 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. 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. Existing zoning, tax, and right-to-farm policies encourage continued farm use, but new challenges continue to appear and growth pressures will likely continue in many parts of the state. sY31'P9P! 0000015061 00000 n Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. 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. 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. The cities and counties then apply these state requirements through local comprehensive plans and land-use ordinances. There are two international airports in Oregon. EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . Planning permission is required to change the use from agricultural to garden, and local authorities are often reluctant to give permission where there may be a risk of increased development or urbanisation of the countryside. 17.136.040 Uses permitted subject to standards. Clark v. Jackson County, 313 Or 508, 836 P2d 710 (1992), Processing of aggregate that does not include final processing into asphalt or portland cement cannot qualify under provision permitting processing of other mineral resources and subsurface resources. 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. If you don't already have Acrobat installed on your system, you may download the Adobe Acrobat Reader, which acts as a "plug-in" for your web browser, for free. The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. 215.283 for non-profit, educational, and government users. 17.136.020 Permitted uses. Fitzwater v. Dept. What is EFU zoning in Jackson County Oregon? The state legislature adopted the policy in 1973. View information about 13161 Wilco Hwy Ne, Woodburn, OR 97071. 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). we provide special support Human traffic, as well as housing and commercial developments, are making the fireflies, Oregon does not recognize concealed carry permits from other states but will issue an Oregon concealed carry permit to residents of surrounding states, including Idaho., (AP) Texting sexually explicit images of another person without their consent will be illegal under an Oregon measure on its way to the governor., Asparagus. 215 and Oregon Administrative Rule (OAR) Chapter 660 Division 33. hbbd``b`$ ~Hp\|ENYCM Q h 0000031124 00000 n How Many International Airports Are In Oregon? Land divisions in exclusive farm use zones, ORS 215.203 (Zoning ordinances establishing exclusive farm use zones), ORS 215.780 (Minimum lot or parcel sizes), ORS 195.120 (Rules and planning goal amendments for parks required), 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), ORS 321.257 (Definitions for ORS 321.257 to 321.390), 215.284 (Dwelling not in conjunction with farm use), ORS 215.284 (Dwelling not in conjunction with farm use), ORS 321.805 (Definitions for ORS 321.805 to 321.855), ORS 215.255 (Farm product processing facility). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>> Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. 0000007794 00000 n exclusive farm useThe purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. 128 0 obj <> endobj xref 128 41 0000000016 00000 n 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$/|GwTx*=JOSTx*=JOSTxecR_sJ1(*o = endstream endobj 133 0 obj <> endobj 134 0 obj <> endobj 135 0 obj <> endobj 136 0 obj <> endobj 137 0 obj <> endobj 138 0 obj <> endobj 139 0 obj <>stream Counties apply EFU zoning to agricultural lands protected under Statewide Planning Goal 3. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning ( EFU or NON-EFU) for "What Land Qualifies.". Land with soils capable of agricultural production are considered "agricultural land" and are protected under Goal 3 and exclusive farm use (EFU) zoning. 0000010625 00000 n 0000008352 00000 n :#dBvX-hH'I+=14K4WeasOa j6}OW:7;Ix2k'7&2t}IFn[UzeNn+]++zhWrCrLWxPOhfw@FN$hz(`pP8b_;50*!^lS |,G'``bI(/E*O:DP3\ED1RZ0aB>ALD6m48V{~G=.mA@X"BO@2A5P0Y76%@ZdaV2dTt! 215.263 0000002564 00000 n Oregon's EFU laws have encouraged development where it makes sense while controlling sprawling subdivisions from leapfrogging across our rural landscapes. 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. 0000003713 00000 n The EFU zone is intended to be a farm zone consistent with OAR 660 Division 033 and ORS 215.283. 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. Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. Dayton Prairie Water Association v. Yamhill County, 170 Or App 6, 11 P3d 671 (2000), 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. Linfoot v. Dept. 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. 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. PDF Marion County, Oregon Code Title 17 RURAL ZONING Chapter 17.136 - EFU 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. Everhart v. Dept. Full-Time Residential Use of Tiny Houses on Wheels Largely Illegal in Oregon. 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. 5225 0 obj <>stream Oregon Off-Grid Laws - An In Depth Guide - Primal Survivor 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. For information about farm-use assessment on land in an EFU zone, see the information circular, "Assessment of Farm-land in an Exclusive Farm-Use Zone," 150-303-644. 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. 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). 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. Do You Pay Sales Tax On A House In 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 Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), Promotional and fee-based activities that take place outside farm stand structure are permitted in area zoned for exclusive farm use and include outdoor farm-to-plate dinners. % 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. 17.136.020 PERMITTED USES. (last accessed Jun. For relatives whose assistance is necessary for management of a commercial farming operation. The Official Zoning Maps will be numbered, dated, and signed bythe Board of . 0000035861 00000 n 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. ORS 215.283 - Uses permitted in exclusive farm use zones in nonmarginal 3 0 obj A. Oregon's agricultural lands protection program has reduced many of these problems relative to other parts of the country, but the threats still exist. Forestland Deferral You may download an Application for Designation of Land as Forestland. As an accessory dwelling for a relative of the farm operator. Hawaii is the top state for health care. Is Unsolicited Pictures Illegal In Oregon? Does Oregon have good healthcare? This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. : (503) 623-9237 0000007709 00000 n You may login with either your assigned username or your e-mail address. 2 0 obj Linfoot v. Dept. 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. 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. 0000003976 00000 n For more than four decades, Oregon has maintained a strong policy to protect farmland. This can include multi-unit farm worker housing. 0000001698 00000 n 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. 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. A .gov website belongs to an official government organization in the UnitedStates. 401 Exclusive Farm Use District (Efu) (7/1/04) 401.01 Purpose Cabbage. What are Top 10 Highest Paying Cities for Hourly Rate, #32Health Care Access. 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. 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. 0000016136 00000 n 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 zoning reflects the state's agricultural land use policies by seeking to preserve agricultural land for commercial farming and ranching. Agricultural Land: As defined in Oregon Administrative Rule 660-33-0020. 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. 22291 Boones Ferry Road NE, Aurora, OR 97002 Property Records %%EOF 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.