efu zoning marion county oregon

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. 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. Learn Dwellings in rural areas are typically limited to detached single-family structures. Can houses be built on agricultural land? EFU zoning has changed over the years. Exclusive Farm Use (EFU) Zoned Farm (a.k.a. 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. 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. Cauliflower. sY31'P9P! Temporarily during a medical hardship of a family member. entrepreneurship, were lowering the cost of legal services and 0000005055 00000 n Taylor v. Dept. The Official Zoning Maps will be numbered, dated, and signed bythe Board of . 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. 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. Miles v. Bd. Likely, your Farm Special Assessment was disqualified. Evidence of earned farm income is typically required. 26, 2021). Through social (last accessed Jun. Original Source: Agricultural Land: As defined in Oregon Administrative Rule 660-33-0020. 0000003599 00000 n increasing citizen access. Oregon's agricultural lands protection program has reduced many of these problems relative to other parts of the country, but the threats still exist. In addition, 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. Marijuana production is subject to Section 841. King Estate Winery, Inc. v. Dept. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 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). When you picture a barn on agricultural land, you are probably thinking of the large traditional red barn most commonly associated with a farm. |o_K?X4 kzty.KHc C*g3B;;X.EsRhQ- jqwx _~y,Zz7{o-x7,_^fBV2.z,u`nj$@ Brussel Sprouts. Can I convert agricultural building to residential? 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. Chapin v. Dept. 215.283 View more property details, sales history and Zestimate data on Zillow. 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). 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. As an accessory dwellings for farm help not related to the operator. 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. 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. endobj As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. 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. Salaries above this are outliers. Location: 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. 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. 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). 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. for non-profit, educational, and government users. 0000001554 00000 n %%EOF 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. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. As an accessory dwelling for a relative of the farm operator. 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. To preserve agricultural use of agricultural land. The maximum time allowed within any campground is 14 nights within any 17-night period. Farm Zoned Land in Oregon Much of Oregon's land is zoned as EFU (Exclusive Farm Use). (how to identify a Oregon.gov website) What is EFU zoning in Jackson County Oregon? How Long Can You Stay At An Oregon State Park? It has known security flaws and may not display all features of this and other websites. We will always provide free access to the current law. 0000011672 00000 n 0000003075 00000 n Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. (1/9/03) 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. 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. 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. The minimum parcel size hbbbf`b``3y The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. 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. (last accessed Jun. Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. 3 0 obj 0000001116 00000 n 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. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. 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. 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. Agriculture is linked economically to approximately 13 percent of all Oregon sales and 11 percent of the state's economy. The EFU zone is intended to be a farm zone consistent with OAR 660 Division 033 and ORS 215.283. Benton v. Dept. Through social 0000003976 00000 n Acreage residential zones are areas that are suitable for development of acreage homesites. 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. 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. 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 Write: Publications, Oregon Department of Revenue, 955 Center Street, NE, Salem OR 97301-2555. for non-profit, educational, and government users. Comprehensive plan policies must strive to minimize conversion of farmland to other uses. A .gov website belongs to an official government organization in the UnitedStates. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Can I put a tiny home on my property in Oregon? Likely, your Farm Special Assessment was disqualified. As a "nonfarm dwelling." 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. 0 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. ORS 17.136.020 PERMITTED USES. It cannot exceed 500 square metres or 12 metres in height. Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. 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. 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. fice or your county assessor's office. Menges v. Bd. 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. 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. No, there is no registration or license to be a farmer. 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. of Rev., 8 OTR 122 (1979), Homesite located on land zoned for exclusive farm use was not eligible for special assessment. 0000027601 00000 n Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. Chapin v. Dept. of Comm. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html For more than four decades, Oregon has maintained a strong policy to protect farmland. 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 state legislature adopted the policy in 1973. 5225 0 obj <>stream Hilary FooteFarm/Forest Specialisthilary.foote@dlcd.oregon.govPhone: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). Zoning also retains farmland in large blocks by prohibiting subdivision into parcels too small for commercial farming. a case by case review to determine whether the proposed dwelling will have adverse impacts. Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. increasing citizen access. A vibrant local farm economy requires a critical mass of farmland. B. Can I build a second house on my property Oregon? Join thousands of people who receive monthly site updates. 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. 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. Cherry Lane, Inc. v. Board of County Comm., 84 Or App 196, 733 P2d 488 (1987), Sup Ct review denied, Minimum parcel size requirements of ORS 215.780 are applicable to exclusive farm use lot division made for purpose of allowing nonfarm dwelling. 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. (d) Operations conducted for: (A) increasing citizen access. 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. we provide special support 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).