26, 2021). endstream endobj startxref Land with soils capable of agricultural production are considered "agricultural land" and are protected under Goal 3 and exclusive farm use (EFU) zoning. To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. The main tool for carrying out that policy is the statewide planning program. 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. To preserve agricultural use of agricultural land. 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. trailer <<23C30493FFAD4427AC6C96164321DEE2>]/Prev 48811/XRefStm 1378>> startxref 0 %%EOF 168 0 obj <>stream 0000030356 00000 n . On a "lot of record" that has been in the same ownership since 1985. hTkGw;8c95&iOED"DahS/ZB(-AB[Huc?hPZhg&B3o `@`(X\MF!eF 9LnNp. 215.203 Can I convert agricultural building to residential? 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. Kang v. Dept. 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. 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. EXCLUSIVE FARM USE, EFU ZONE . See if the property is available for sale or lease. Corn. 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. CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. It cannot be the first agricultural construction on the unit. The 1,512 sq. View information about 13161 Wilco Hwy Ne, Woodburn, OR 97071. The building must be solely for the purpose of agriculture. %PDF-1.4 % You may login with either your assigned username or your e-mail address. Fitzwater v. Dept. The minimum parcel size Approval of this type of dwelling typically requires evidence of earned farm income over the past several years. Linfoot v. Dept. 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. 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. Documents are provided in Portable Document Format (.pdf). Click on a question to reveal the answer. Oregon's EFU zoning provides for wise development while protecting our rural & farm land uses. 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. 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. 0000035528 00000 n Oregon's statewide program requires counties to: Oregon's program emphasizes availability of land, free from conflicts, for use by commercial agriculture. Hawaii is the top state for health care. Land within such zones shall be used exclusively for farm use except as otherwise provided in ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses . Carrots & Parsnips. The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. Likely, your Farm Special Assessment was disqualified. EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. 17.136.040 Uses permitted subject to standards. 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. 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. 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. Shepherd v. Dept. MLS # Original Source: Fitzwater v. Dept. Chapin v. Dept. For NON-EFU zoning, be sure to read the Gross Income Requirements as well. (1/9/03) 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. 17.136.020 PERMITTED USES. Everhart v. Dept. 26, 2021). How big a agricultural building can I build without planning permission? 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). However, Oregon does have very strict zoning laws which may make it difficult to build or do certain things on your property. Zoning Maps of Jackson County ("Official Zoning Maps"). 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. Capsey v. Dept. 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. Agriculture is linked economically to approximately 13 percent of all Oregon sales and 11 percent of the state's economy. EFU is a zoning category, and rarely gets changed. 0000006216 00000 n 0000027601 00000 n View 22291 Boones Ferry Rd NE, Aurora, OR 97002 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic tax assessments, legal, parcel & structure description, land use, zoning & more. Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). However, you may need to register with the Secretary of State if you use an assumed name for your business. exclusive farm useThe purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. Can I build a second house on my property 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. 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. As a "nonfarm dwelling." 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. Location: 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. (x) 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. 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. Broccoli. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). 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. Josephine County v. Garnier, 163 Or App 333, 987 P2d 1263 (1999), 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. 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. For relatives whose assistance is necessary for management of a commercial farming operation. This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. 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 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). 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. Forestland Deferral You may download an Application for Designation of Land as Forestland. Seasonal Oregon Produce Apples: August. 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. hbbbf`b``3y Temporarily during a medical hardship of a family member. 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. As an accessory dwelling for a relative of the farm operator. 0000032125 00000 n A. 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. Yes! The state's agriculture is also one of the most diverse in the nation with over 225 different types of crops and livestock. ft. home is a 4 bed, 2.0 bath property. Location: Properties like churches, utilities, schools, hospitals, offices, feed stores, kennels, etc., are often allowed to inhabit agricultural land. 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. 0000029994 00000 n increasing citizen access. 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. Just over 26 percentor 16.3 million acresof Oregon's land was in non-federal agricultural use in 2015. Location: 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. Do I need to register with the state of Oregon to be a farmer? 0000036266 00000 n Hillcrest Vineyard v. Bd. %PDF-1.5 % (excluding holidays), Polk County | 850 Main Street | Dallas, Oregon 97338. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. hbbd``b`$ ~Hp\|ENYCM Q h Miles v. Bd. increasing citizen access. The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. CD-uV%]@|=tsqu5QEP zLh U7Ln8[z]17Mm`~8s}KU[ s6AF!1/p;z_a`7q ID5a!r 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 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 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). Hilary FooteFarm/Forest Specialisthilary.foote@dlcd.oregon.govPhone: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. Can You Build A House On Efu Zoned Land In Oregon? As a primary dwelling for the farm operator. 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. The Official Zoning Maps will be numbered, dated, and signed bythe Board of . As an accessory dwellings for farm help not related to the operator. 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. 26, 2021). 1:00 p.m. - 5:00 p.m. Guido v. Dept. The primary intent of these regulations is to conserve farm and forest lands for the production of crops, livestock, and timber products. 0000007150 00000 n Comprehensive plan policies must strive to minimize conversion of farmland to other uses. 0000003487 00000 n 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. What structures can be built on agricultural land? 0000001116 00000 n 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). Polk County | 850 Main Street | Dallas, Oregon 97338. Oregon Relay TTY or Voice: 711, Office Hours Can you change the use of agricultural land? In addition, Today the list has grown to more than 60. 4 0 obj . 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. EFU zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. (last accessed Jun. The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 0000001698 00000 n 128 0 obj <> endobj xref 128 41 0000000016 00000 n 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. These areas are generally well suited for large-scale farming. 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. 215.213 Your browser is out-of-date! 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. Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. Agricultural Land: As defined in Oregon Administrative Rule 660-33-0020. This can include multi-unit farm worker housing. 0000012722 00000 n (last accessed Jun. Dallas, OR 97338Google Map, Ph. 215 and Oregon Administrative Rule (OAR) Chapter 660 Division 33. <> 0000008352 00000 n sU$G`J.8gW. Through social 0000001378 00000 n Likely, your Farm Special Assessment was disqualified. (d) Operations conducted for: (A) https://oregon.public.law/statutes/ors_215.213. It is virtually impossible to have a small-acreage off-grid farm in Oregon. 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. 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. #8Health Care Quality. 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). 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. <> 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. %%EOF 0000010216 00000 n x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue;

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