When used as a dwelling in a residential zone as an accessory dwelling, tiny houses on wheels are typically illegal in Oregon. High-value farmland must be avoided to the extent practicable. 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. ORS 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. 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 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. Exclusive Farm Use (EFU) Zoned Farm (a.k.a. EFU is a zoning category, and rarely gets changed. increasing citizen access. sU$G`J.8gW. Marijuana production is subject to Section 841. Join thousands of people who receive monthly site updates. Hilary FooteFarm/Forest Specialisthilary.foote@dlcd.oregon.govPhone: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. What structures can be built on agricultural land? On a "lot of record" that has been in the same ownership since 1985. EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. Properties like churches, utilities, schools, hospitals, offices, feed stores, kennels, etc., are often allowed to inhabit agricultural land. Section 215.203 Zoning ordinances establishing exclusive farm use zones; definitions, It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). May be sited on an existing or new parcel that is unsuitable for production of crops, livestock, or trees. Everhart v. Dept. 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. In addition, 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, 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. Capsey v. Dept. 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. 0000003075 00000 n The primary intent of these regulations is to conserve farm and forest lands for the production of crops, livestock, and timber products. 3 0 obj 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. Does Oregon have good healthcare? Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." We will always provide free access to the current law. 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. Section 215.263 Land divisions in exclusive farm use zones; criteria for approval; rules, 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. What Do You Need To Fly From California To Oregon? A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. What is EFU land? - OLAWAOregon Land And Water Alliance Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. A. %PDF-1.5 % 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. entrepreneurship, were lowering the cost of legal services and What is EFU zoning in Jackson County Oregon? EFU zoning has changed over the years. 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. 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. 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. Farming and ranching are important sectors of Oregon's agricultural industry, and are critical drivers of the state's economy. 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 Marion County, Oregon Code Title 17 RURAL ZONING Chapter 17.136 - EFU (EXCLUSIVE FARM USE) ZONE This section revised 3/19; current through July 22, 2020 Sections: 17.136.010 Purpose. However, you may need to register with the Secretary of State if you use an assumed name for your business. Join thousands of people who receive monthly site updates. Chapter 17.128 AR (ACREAGE RESIDENTIAL) ZONE 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. trailer <<23C30493FFAD4427AC6C96164321DEE2>]/Prev 48811/XRefStm 1378>> startxref 0 %%EOF 168 0 obj <>stream The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. of Revenue, 12 OTR 407 (1993), Winery is not farm use. Hillcrest Vineyard v. Bd. The 1,512 sq. (how to identify a Oregon.gov website) 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. of Rev., 8 OTR 122 (1979), Homesite located on land zoned for exclusive farm use was not eligible for special assessment. You must have JavaScript enabled to use this form. Broccoli. endstream endobj startxref ORS 215.213 - Uses permitted in exclusive farm use zones in counties 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. 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. of Rev., 12 OTR 48 (1991), Uses permitted conditionally under this section and ORS 215.283 cannot be absolutely prohibited by ORS 215.243, rather, when possible, effect must be given to both statutory provisions. 8:00 a.m. - 12:00 p.m. Temporarily during a medical hardship of a family member. 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. 0000001698 00000 n 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. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html https://oregon.public.law/statutes/ors_215.283. Can I put a tiny home on my property in Oregon? (last accessed Jun. Forestland Deferral You may download an Application for Designation of Land as Forestland. A lock icon ( ) or https:// means youve safely connected to the .gov website. Still v. Bd. What is EFU zoning in Jackson County Oregon? 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. we provide special support State rules prohibit new dwelling in EFU zones unless applicants can show compliance with certain standards. 0000014673 00000 n Original Source: 0000029994 00000 n DLCD v. Douglas County, 28 Or LUBA 242 (1994). Write: Publications, Oregon Department of Revenue, 955 Center Street, NE, Salem OR 97301-2555. Original Source: As an accessory dwellings for farm help not related to the operator. sY31'P9P! . For relatives whose assistance is necessary for management of a commercial farming operation. 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. The minimum parcel size Marijuana in Oregon: Land Use and Zoning Considerations for - Nolo See if the property is available for sale or lease. for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. 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. PDF Assessment of Farmland Not in an Exclusive Farm-Use Zone - Oregon 22291 Boones Ferry Road NE, Aurora, OR 97002 Property Records v7b[hZ8lR%"c g9;%>|}Ykb6{ATi_VkA,f=4LL]6~^w]Pe<4.~eY>_osTf"QE%z P=m&^r}ZI9o9xu}@#eSQqu. Statewide Planning Goal 3 defines agricultural land using soil types and other factors. Fitzwater v. Dept. The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . 0000001554 00000 n Can I Open Carry In Oregon If I Live In Idaho? 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. Can You Build A House On Efu Zoned Land In Oregon? Seasonal Oregon Produce Apples: August. A complete list of uses allowed is provided in OAR 660-033-0120. https://oregon.public.law/statutes/ors_215.263. 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). 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. Purpose. Gilmour v. Linn County, 279 Or App 584, 379 P3d 833 (2016), Ritch v. Dept. 2 0 obj 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). 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. 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. Zoning also retains farmland in large blocks by prohibiting subdivision into parcels too small for commercial farming. Do You Pay Sales Tax On A House In Oregon? https://www.oregonlegislature.gov/bills_laws/ors/ors215.html View more property details, sales history and Zestimate data on Zillow. 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. Location: 17.136.040 Uses permitted subject to standards. |o_K?X4 kzty.KHc C*g3B;;X.EsRhQ- jqwx _~y,Zz7{o-x7,_^fBV2.z,u`nj$@ 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. Just driving through farmland in Oregon provides persuasive evidence that EFU zoning has been able to protect large areas of land from conversion to other uses, particularly sprawling and costly residential subdivisions. EFU is a zoning category, and rarely gets changed. ORS 215.263 - Land divisions in exclusive farm use zones 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. Farm Zoned Land in Oregon Much of Oregon's land is zoned as EFU (Exclusive Farm Use). 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. Oregon court rules on conditional use permits for land zoned for Do I need to register with the state of Oregon to be a farmer? 1 0 obj To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. Comprehensive plan policies must strive to minimize conversion of farmland to other uses. 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. Oregon Off-Grid Laws - An In Depth Guide - Primal Survivor 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. 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 . Learn Zoning ordinances establishing exclusive farm use zones Can houses be built on agricultural land? ORS 215.780(1)(b). What are the primary components of Exclusive Farm Use (EFU) zoning? 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). 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. 13161 Wilco Hwy Ne, Woodburn, OR 97071 - Property Record | LoopNet State law requires that for farmers to qualify, they have to gross $100 an acre. In 1973, only 12 uses were allowed in EFU zones. Other lands may also be protected under Goal 3 and EFU zoning if they are suitable for grazing, used by farm and ranch operations, or necessary to permit farm practices to be undertaken on adjacent or nearby lands. 215.203 Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. hTkGw;8c95&iOED"DahS/ZB(-AB[Huc?hPZhg&B3o `@`(X\MF!eF 9LnNp. For information about farm-use assessment on land in an EFU zone, see the information circular, "Assessment of Farm-land in an Exclusive Farm-Use Zone," 150-303-644. Goal 14 also requires cities and counties to plan for growth in population and employment and that this growth is to be contained inside urban growth boundaries. Only share sensitive information on official, secure websites. (excluding holidays), Polk County | 850 Main Street | Dallas, Oregon 97338. If you have questions or wish to file an application, you can contact the Assessors Office at (503) 623-8391 and ask for assistance with Forestland Deferral. We will always provide free access to the current law. SECTION 3.010. Dayton Prairie Water Association v. Yamhill County, 170 Or App 6, 11 P3d 671 (2000), Separate showing of compliance with, or exception to, state land use planning goal dealing with urbanization is not required in order to allow uses in exclusive farm use zone that are urban in nature but of kinds specifically allowed by statute. 26, 2021). It is intended to be applied in those areas composed of tracts that are predominantly high-value farm soils as defined in OAR 660-033-0020(8). Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning ( EFU or NON-EFU) for "What Land Qualifies.". . :#dBvX-hH'I+=14K4WeasOa j6}OW:7;Ix2k'7&2t}IFn[UzeNn+]++zhWrCrLWxPOhfw@FN$hz(`pP8b_;50*!^lS |,G'``bI(/E*O:DP3\ED1RZ0aB>ALD6m48V{~G=.mA@X"BO@2A5P0Y76%@ZdaV2dTt! Kang v. Dept. 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.