It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). High-value farmland must be avoided to the extent practicable. 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. It is located on high-value farmland, as defined in MCC 17.137.130 (D), and satisfies the following standards: a. entrepreneurship, were lowering the cost of legal services and 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. 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. 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. 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. entrepreneurship, were lowering the cost of legal services and 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. . Do I need to register with the state of Oregon to be a farmer? 0 0000037349 00000 n 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). for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 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. Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. endstream endobj startxref There are two international airports in Oregon. For relatives whose assistance is necessary for management of a commercial farming operation. EFU is a zoning category, and rarely gets changed. 0000029994 00000 n Kang v. Dept. Location: 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. 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. May be sited on an existing or new parcel that is unsuitable for production of crops, livestock, or trees. Location: https://oregon.public.law/statutes/ors_215.203. 0000002184 00000 n It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. 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. 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. 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. This can include multi-unit farm worker housing. Capsey v. Dept. increasing citizen access. If they farm less than 6.5 acres, they must earn $650 in grossnot netincome in three out of every five years. 215.203 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). Barns. What is EFU zoning in Jackson County Oregon? In 2015, Oregon's agricultural sector produced $5.7 billion. That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. <> Agriculture is linked economically to approximately 13 percent of all Oregon sales and 11 percent of the state's economy. During these two seasons, visitors will find lighter crowds and cooler, Scientists believe this is due to pesticides, urban development, and light pollution. Title 17 Rural Zoning of the MCC provides regulations for development and use of lands in the portions of Marion County outside urban growth boundaries. Yes. (last accessed Jun. of Rev., 8 OTR 122 (1979), Homesite located on land zoned for exclusive farm use was not eligible for special assessment. increasing citizen access. increasing citizen access. of Comm. The report gives numbers and locations for newly approved land divisions, as well as for newly approved farm and non-farm dwellings. 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. DLCD v. Douglas County, 28 Or LUBA 242 (1994). Dwellings in rural areas are typically limited to detached single-family structures. No, there is no registration or license to be a farmer. Statewide Planning Goal 3 defines agricultural land using soil types and other factors. In Oregon, local governments codify these regulations in zoning ordinances or development codes. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 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. What are Top 10 Highest Paying Cities for Hourly Rate, #32Health Care Access. Join thousands of people who receive monthly site updates. Oregon Relay TTY or Voice: 711, Office Hours The cities and counties then apply these state requirements through local comprehensive plans and land-use ordinances. These areas are generally well suited for large-scale farming. Cauliflower. 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. ORS As a "nonfarm dwelling." 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. 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. 0000008352 00000 n CD-uV%]@|=tsqu5QEP zLh U7Ln8[z]17Mm`~8s}KU[ s6AF!1/p;z_a`7q ID5a!r Jackson County, Oregon Chapter 5 Page i . 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. Land with soils capable of agricultural production are considered "agricultural land" and are protected under Goal 3 and exclusive farm use (EFU) zoning. !aSVQ{\ mP| q!-}.ac The state's agriculture is also one of the most diverse in the nation with over 225 different types of crops and livestock. In addition, For information about farm-use assessment on land not in an EFU zone, see As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. Agricultural Land: As defined in Oregon Administrative Rule 660-33-0020. %%EOF What are the primary components of Exclusive Farm Use (EFU) zoning? Likely, your Farm Special Assessment was disqualified. 0000003487 00000 n Exclusive Farm Use (EFU) Zoned Farm (a.k.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. Oregon's statewide program requires counties to: Oregon's program emphasizes availability of land, free from conflicts, for use by commercial agriculture. Agriculture is one of the state's biggest industries. a case by case review to determine whether the proposed dwelling will have adverse impacts. Oregon's EFU laws have encouraged development where it makes sense while controlling sprawling subdivisions from leapfrogging across our rural landscapes. 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. Corn. 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. Greenfield v. Multnomah County, 259 Or App 687, 317 P3d 274 (2013), "Structures" means something built or constructed for permanent or temporary use or occupancy by members of public and use and design limitations on structures apply to tents, canopies, portable viewing platforms, food cards and ticket kiosks. : (503) 623-9237 26, 2021). Comprehensive plan policies must strive to minimize conversion of farmland to other uses. 0000027601 00000 n 2 0 obj 0000010625 00000 n 3 0 obj 0000001116 00000 n Can I convert agricultural building to residential? Linfoot v. Dept. One is Rogue Valley International Medford Airport and, $6,837 is the 90th percentile. 128 0 obj <> endobj xref 128 41 0000000016 00000 n Benton v. Dept. 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. for non-profit, educational, and government users. 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. 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. 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. 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. (1/9/03) 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. Brussel Sprouts. Original Source: Is Unsolicited Pictures Illegal In Oregon? EFU zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. What is EFU zoning in Jackson County Oregon? Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. View information about 13161 Wilco Hwy Ne, Woodburn, OR 97071. Carrots & Parsnips. 0000003599 00000 n 0000013659 00000 n When used as a dwelling in a residential zone as an accessory dwelling, tiny houses on wheels are typically illegal in Oregon. 5225 0 obj <>stream 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. Broccoli. On a "lot of record" that has been in the same ownership since 1985. CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 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. Through social 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. The legislature has recognized that EFU zoning limits the use of agricultural land. The state legislature adopted the policy in 1973. entrepreneurship, were lowering the cost of legal services and We will always provide free access to the current law. In addition, 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. The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. Non-farm dwellings must be sited on soils that are generally unsuitable for agriculture. Forestland Deferral You may download an Application for Designation of Land as Forestland. %PDF-1.5 % Farm Use: As defined in ORS 215.203. 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. Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. https://oregon.public.law/statutes/ors_215.263. 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). 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. 8:00 a.m. - 12:00 p.m. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. (excluding holidays), Polk County | 850 Main Street | Dallas, Oregon 97338. Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). Does Exclusive Farm Use (EFU) zoning work? 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. (Zoning of E30, E40 etc.). 14107 Butteville Rd NE , Gervais, OR 97026-9747 is a single-family home listed for-sale at $3,000,000. EFU is a zoning category, and rarely gets changed. of Revenue, 290 Or 931, 627 P2d 480 (1981), Under this section, county decision to issue building permit for construction of transmission tower more than 200 feet high on land designated for exclusive farm use was land use decision and appeal from issuance of permit was within exclusive jurisdiction of LUBA. Hilary FooteFarm/Forest Specialisthilary.foote@dlcd.oregon.govPhone: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. HUn6}WQz0 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. Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. in an Exclusive Farm-Use Zone This information circular explains farm-use assess-ments on farmland in an exclusive farm-use (EFU) zone. 26, 2021). 0000007709 00000 n The types of uses allowed often vary depending on the capability of soils for agricultural production. 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). This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. Your browser is out-of-date! Land in an EFU zones is eligible for lower property taxes when the land is farmed. 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. We will always provide free access to the current law. Jackson County Citizens' League v. Jackson County, 171 Or App 149, 15 P3d 42 (2000), Authority of state over use of land along Willamette River under Greenway Law, (1975) Vol 37, p 515; permissibility of radio transmission tower as "utility facility necessary for public service" in area zoned for exclusive farm use, (1981) Vol 42, p 77, 19 EL 63 (1988); 26 WLR 398 (1990); 34 WLR 81 (1998); 77 OLR 993 (1998); 36 WLR 441 (2000); 36 EL 25 (2006); 49 WLR 411 (2013), 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. Chapin v. Dept. Temporarily during a medical hardship of a family member. ORS % 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. 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. Original Source: A .gov website belongs to an official government organization in the UnitedStates. Taylor v. Dept. 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). The criteria in ORS 197A.320 and Statewide Planning Goal 14 for expanding an urban growth boundary include consideration of whether the land is high-value farmland. We will always provide free access to the current law. Evidence of earned farm income is typically required. We will always provide free access to the current law. Can you change the use of agricultural land? Guido v. Dept. 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EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. endobj 17.136.030 Dwellings permitted subject to standards. An official website of the State of Oregon What produce is in season right now in Oregon? An official website of the State of Oregon . 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. What is the International Airport in Oregon? 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. Farm Zoned Land in Oregon Much of Oregon's land is zoned as EFU (Exclusive Farm Use). 0000003976 00000 n For NON-EFU zoning, be sure to read the Gross Income Requirements as well. 0000019932 00000 n Chapin v. Dept. However, you may need to register with the Secretary of State if you use an assumed name for your business. Purpose. ORS 215.780(1)(b). In 1973, only 12 uses were allowed in EFU zones. 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. See if the property is available for sale or lease. 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. trailer <<23C30493FFAD4427AC6C96164321DEE2>]/Prev 48811/XRefStm 1378>> startxref 0 %%EOF 168 0 obj <>stream 215.213 Join thousands of people who receive monthly site updates. 0000003075 00000 n Learn Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. B. 0000032442 00000 n we provide special support The ORS 215.780(2) provisions that allow counties to adopt a minimum lot size smaller than would otherwise be (last accessed Jun. (1/9/03) B. x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue; Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. A complete list of uses allowed is provided in OAR 660-033-0120. Those laws have protected farms, rural communities, and our state's $12 billion . 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. Oregon is the top producer in the nation of thirteen crops including hazelnuts, fescue seed, and Christmas trees.