The report gives numbers and locations for newly approved land divisions, as well as for newly approved farm and non-farm dwellings. Through social The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. 0000007794 00000 n 5225 0 obj <>stream https://oregon.public.law/statutes/ors_215.213. for non-profit, educational, and government users. 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. PDF versions can be viewed using Adobe Acrobat Reader. What are you allowed to do with agricultural land? It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. We will always provide free access to the current law. 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. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. Can I build a second house on my property Oregon? Seasonal Oregon Produce Apples: August. 26, 2021). Through social ORS In 1973, only 12 uses were allowed in EFU zones. 0000016136 00000 n This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. 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. ORS 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. we provide special support An official website of the State of Oregon B. On a "lot of record" that has been in the same ownership since 1985. The main tool for carrying out that policy is the statewide planning program. 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. May be sited on an existing or new parcel that is unsuitable for production of crops, livestock, or trees. If you are not sure if your land is within a farm-use zone, check with your planning office or your county assessor's office. Benton v. Dept. (1/9/03) B. 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. 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. 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. 128 0 obj <> endobj xref 128 41 0000000016 00000 n Is Unsolicited Pictures Illegal In Oregon? 0000003976 00000 n Fitzwater v. Dept. 0000014673 00000 n 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. 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). 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. Linfoot v. Dept. A county law enforcement facility that lawfully existed on August 20, 2002, and is used to provide rural law enforcement services primarily in rural areas, including parole and post-prison supervision, but not including a correctional facility as defined under ORS 162.135 (Definitions for ORS 162.135 to 162.205). Marijuana production is subject to Section 841. EFU is a zoning category, and rarely gets changed. 1 0 obj Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." !aSVQ{\ mP| q!-}.ac In 2015, Oregon's agricultural sector produced $5.7 billion. Today the list has grown to more than 60. A lock icon ( ) or https:// means youve safely connected to the .gov website. Oregon's agricultural lands protection program has reduced many of these problems relative to other parts of the country, but the threats still exist. 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 for non-profit, educational, and government users. <> 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. Join thousands of people who receive monthly site updates. Off-grid living is legal in Oregon. Location: 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. Carrots & Parsnips. 0000001116 00000 n ft. home is a 4 bed, 2.0 bath property. Oregon's EFU laws have encouraged development where it makes sense while controlling sprawling subdivisions from leapfrogging across our rural landscapes. For more than four decades, Oregon has maintained a strong policy to protect farmland. 215.213 Guido v. Dept. 0000035861 00000 n v7b[hZ8lR%"c g9;%>|}Ykb6{ATi_VkA,f=4LL]6~^w]Pe<4.~eY>_osTf"QE%z P=m&^r}ZI9o9xu}@#eSQqu. for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. Location: 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. Capsey v. Dept. Who qualifies for farm tax exemption in Oregon? King Estate Winery, Inc. v. Dept. An official website of the State of Oregon . 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. Josephine County v. Garnier, 163 Or App 333, 987 P2d 1263 (1999), Requirement that utility facility be "necessary" for provision of service refers only to need to site facility in exclusive farm use zone instead of nonfarmland site, not to selection of facility as means of providing service. Original Source: Kang v. Dept. %PDF-1.4 % 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. As a primary dwelling for the farm operator. 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. Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. Statewide Planning Goal 3 defines agricultural land using soil types and other factors. State law requires that for farmers to qualify, they have to gross $100 an acre. 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. Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Where proposed use of property was to rent out lawn for hosting different events including weddings, wedding receptions and family reunions, sole purpose of use was not to maintain tract of land for natural enjoyment and outdoor recreational use for particular group or class of persons but primarily for commercial events, therefore use was outside scope of "private park" as used in this section. Likely, your Farm Special Assessment was disqualified. Craven v. Jackson County, 308 Or 281, 779 P2d 1011 (1989); Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), For purpose of determining whether accessory dwelling for farmer's relative is permissible, questions of whether farm owner is farm operator and whether owner requires relative's assistance in conducting farm operations are inseparable, and should not be treated as independent questions. Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. 215.203 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) 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. This can include multi-unit farm worker housing. Through social HUn6}WQz0 SECTION 3.010. What produce is in season right now in Oregon? Rutherford v. Armstrong, 31 Or App 1319, 572 P2d 1331 (1977), Sup Ct review denied, Under variance provisions of this section, land included within exclusive farm use zone pursuant to LCDC goal may be used for certain non-farm purposes. 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. #8Health Care Quality. 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. Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. 2 0 obj 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. Forestland Deferral You may download an Application for Designation of Land as Forestland. Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. What is the International Airport in Oregon? of Rev., 8 OTR 122 (1979), Homesite located on land zoned for exclusive farm use was not eligible for special assessment. Cauliflower. When used as a dwelling in a residential zone as an accessory dwelling, tiny houses on wheels are typically illegal in Oregon. 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. Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). hTkGw;8c95&iOED"DahS/ZB(-AB[Huc?hPZhg&B3o `@`(X\MF!eF 9LnNp. What are the primary components of Exclusive Farm Use (EFU) zoning? 215 and Oregon Administrative Rule (OAR) Chapter 660 Division 33. 0000003487 00000 n 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon 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). we provide special support Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 17.136.020 PERMITTED USES. 0000036266 00000 n 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. Approval of this type of dwelling typically requires evidence of earned farm income over the past several years. 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. Can You Build A House On Efu Zoned Land In Oregon? 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). Whether you are curious where you can grow marijuana or, on the flipside, about what . Can I put a tiny home on my property in Oregon? A. 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. One is Rogue Valley International Medford Airport and, $6,837 is the 90th percentile. sU$G`J.8gW. Likely, your Farm Special Assessment was disqualified. entrepreneurship, were lowering the cost of legal services and a case by case review to determine whether the proposed dwelling will have adverse impacts. These areas are generally well suited for large-scale farming. A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. Only share sensitive information on official, secure websites. :#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! See if the property is available for sale or lease. Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. However, Oregon does have very strict zoning laws which may make it difficult to build or do certain things on your property. EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . 0000005055 00000 n Agriculture is one of the state's biggest industries. DLCD prepares a Farm & Forest Report every two years that summarizes recent permit activity in EFU zones across the state. Section 215.263 Land divisions in exclusive farm use zones; criteria for approval; rules, A. 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. This tax on harvest is known as the STF severance tax. For relatives whose assistance is necessary for management of a commercial farming operation. To replace a dwelling that currently or previously existed. increasing citizen access. 0000032442 00000 n 26, 2021). 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 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. 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. In addition, 3.4.2 EFU Statute/Ordinances - Land Divisions - Minimum Lot Sizes. 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.
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