(1/9/03) Off-grid living is legal in Oregon. Shepherd v. Dept. Hooper v. Clackamas County, 87 Or App 167, 741 P2d 921 (1987), Sup Ct review denied, 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. 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Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. We will always provide free access to the current law. endstream endobj startxref For information about farm-use assessment on land not in an EFU zone, see Statewide Planning Goal 3 defines agricultural land using soil types and other factors. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. we provide special support What Do You Need To Fly From California To Oregon? Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning ( EFU or NON-EFU) for "What Land Qualifies.". 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 #8Health Care Quality. 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. The main tool for carrying out that policy is the statewide planning program. 0 Zoning Ag & Food Law Update (3,456) Agencies (1,154) Agricultural Marketing Service (324) Animal and Plant Health Inspection Service (183) Commodity Credit Corporation (38) Department of Energy (2) Environmental Protection Agency (624) Farm Service Agency (64) Federal Crop Insurance Corporation (41) Federal Energy Regulatory Commission (3) Join thousands of people who receive monthly site updates. 0000029994 00000 n McKay Creek Valley v. Washington County, 122 Or App 59, 857 P2d 167 (1993), Uses that "may be permitted" in exclusive farm use zone are permitted as of right and are not subject to additional local government restriction. Likely, your Farm Special Assessment was disqualified. 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. 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 entrepreneurship, were lowering the cost of legal services and 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. 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. Write: Publications, Oregon Department of Revenue, 955 Center Street, NE, Salem OR 97301-2555. What is EFU zoning in Jackson County Oregon? To preserve agricultural use of agricultural land. of Rev., 12 OTR 48 (1991), Listing of specific activity as permitted nonfarm use prevents activity from qualifying under broader farm use category, so land used for activity is not in farm use. We will always provide free access to the current law. A. DLCD v. Douglas County, 28 Or LUBA 242 (1994). 0000003487 00000 n 0000015061 00000 n The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . You may login with either your assigned username or your e-mail address. :#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! |o_K?X4 kzty.KHc C*g3B;;X.EsRhQ- jqwx _~y,Zz7{o-x7,_^fBV2.z,u`nj$@ 215 and Oregon Administrative Rule (OAR) Chapter 660 Division 33. J and D Fertilizers, Ltd. v. Clackamas County, 105 Or App 11, 803 P2d 280 (1990), Sup Ct review denied, Boarding of horses for profit is not farm use. Nichols v. Clackamas County, 146 Or App 25, 932 P2d 1185 (1997), Sup Ct review denied, Administrative rules governing high-value farmland are not subordinate to statutes governing permissive uses for exclusive farm use zones in nonmarginal land counties. Original Source: %%EOF Yes! Dwellings on Farm and Forest Lands Lot-of-record dwellings may not be sited on high-value farmland unless the parcel cannot practicably be managed for farm use. The primary intent of these regulations is to conserve farm and forest lands for the production of crops, livestock, and timber products. Everhart v. Dept. In addition, Land with soils capable of agricultural production are considered "agricultural land" and are protected under Goal 3 and exclusive farm use (EFU) zoning. 0000019932 00000 n (x) Friends of Parrett Mountain v. Northwest Natural Gas Co., 336 Or 93, 79 P3d 869 (2003), Enactment of ORS 215.452 and 2010 changes to that statute do not preclude wineries from being established, subject to approval of governing body, in exclusive farm use zone if winery is operated in conjunction with farm use. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978), Where county had not yet adopted comprehensive plan but had zoned certain portions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. However, you may need to register with the Secretary of State if you use an assumed name for your business. 17.136.020 Permitted uses. Counties apply EFU zoning to agricultural lands protected under Statewide Planning Goal 3. EFU zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. (last accessed Jun. In addition, 4 0 obj x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue; It is virtually impossible to have a small-acreage off-grid farm in Oregon. Containing growth inside urban growth boundaries reduces the pressure to convert farmland around cities to subdivisions, stores, and offices. SECTION 3.010. 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. increasing citizen access. of Comm. Jackson County, Oregon Chapter 5 Page i . Location: It cannot be the first agricultural construction on the unit. 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. High Rise Apartment Residential Zoning District: RH: 136: Exclusive Farm Use Zoning District: EFU: 138: Farm/Forest Zoning District: FF: 140: Commercial Office Zoning District: CO: 141: . 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. Are new dwellings allowed in Exclusive Farm Use (EFU) zones? 10 Farm Structures That Can Be Built on Agricultural Land. of Rev., 8 OTR 122 (1979), Homesite located on land zoned for exclusive farm use was not eligible for special assessment. 0000003713 00000 n Original Source: Section 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules, 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. Resource Documents Contacts Hilary Foote Farm/Forest Specialist hilary.foote@dlcd.oregon.gov Phone: 503-881-9249 DLCD Regional Representatives Regional Representatives by Region Yes. 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. Can I Open Carry In Oregon If I Live In Idaho? 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. 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. What are the primary components of Exclusive Farm Use (EFU) zoning? 0000030738 00000 n EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. The capability of land for farming also plays a role in where urban development goes. Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. 0000007709 00000 n we provide special support #17Public Health. There are very strict rules on how this land can be used. 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. ORS 215.780(1)(b). 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. 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). Do I need to register with the state of Oregon to be a farmer? of Comm. 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. Agriculture is linked economically to approximately 13 percent of all Oregon sales and 11 percent of the state's economy. That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. The cities and counties then apply these state requirements through local comprehensive plans and land-use ordinances. 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. 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. It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. 0000032125 00000 n Gilmour v. Linn County, 279 Or App 584, 379 P3d 833 (2016), Ritch v. Dept. 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. B. endobj Oregon's EFU zoning provides for wise development while protecting our rural & farm land uses. 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. 26, 2021). Beets. of Revenue, 290 Or 931, 627 P2d 480 (1981), Where plaintiff rented pasture at price of $40 per month for grazing of horses owned by his daughter's girlfriends, many of whom used their horses in connection with their 4-H projects; there were never more than five or six horses on the property at any one time; and each of the renters was responsible for feeding and care of her own horse, individuals renting pasture were doing so for personal reasons and not for primary purpose of obtaining a profit within the meaning of this section and use of property did not meet definition of "farm use." 0000037349 00000 n Likely, your Farm Special Assessment was disqualified. 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 . . Capsey v. Dept. increasing citizen access. of Rev., 10 OTR 85 (1985), Although this section has land use regulatory features, the "current employment" requirement was designed only as qualification for favorable tax treatment. 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. 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.
