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 . Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. 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). 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. Farm Use: As defined in ORS 215.203. 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. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html High-value farmland must be avoided to the extent practicable. 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). (last accessed Jun. Corn. (last accessed Jun. In addition, (1/9/03) Approval of this type of dwelling typically requires evidence of earned farm income over the past several years. Oregon's EFU zoning provides for wise development while protecting our rural & farm land uses. %%EOF ORS The cities and counties then apply these state requirements through local comprehensive plans and land-use ordinances. 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 0000019932 00000 n Are new dwellings allowed in Exclusive Farm Use (EFU) zones? In addition, 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. To preserve agricultural use of agricultural land. 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. 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. Cauliflower. 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. Section 215.203 Zoning ordinances establishing exclusive farm use zones; definitions, 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. ORS exclusive farm useThe purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. 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. 0000035861 00000 n In 2015, Oregon's agricultural sector produced $5.7 billion. ORS The capability of land for farming also plays a role in where urban development goes. sY31'P9P! endstream endobj startxref 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: . 17.136.020 Permitted uses. The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. 0000010216 00000 n Location: 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) Off-grid living is legal in Oregon. entrepreneurship, were lowering the cost of legal services and 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. of Rev., 4 OTR 489 (1971), Contiguous area of substantial size not used for farm purposes must be denied exemption even though contained within boundaries of qualifying farm operation. Can I build a second house on my property Oregon? Dwellings in rural areas are typically limited to detached single-family structures. Whether you are curious where you can grow marijuana or, on the flipside, about what . 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. EFU is a zoning category, and rarely gets changed. 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. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). 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. 0000008352 00000 n 215.263 Chapin v. Dept. Gilmour v. Linn County, 279 Or App 584, 379 P3d 833 (2016), Ritch v. Dept. 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. 3 0 obj What is EFU zoning in Jackson County Oregon? Rutherford v. Armstrong, 31 Or App 1319, 572 P2d 1331 (1977), Sup Ct review denied, Where land cannot presently or in foreseeable future be utilized for "farm use" as defined in this section, LCDC goal does not require exclusive farm use zoning upon finding of predominance of certain class soils. EFU is a zoning category, and rarely gets changed. Location: 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. Hilary FooteFarm/Forest Specialisthilary.foote@dlcd.oregon.govPhone: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. Non-farm dwellings must be sited on soils that are generally unsuitable for agriculture. Miles v. Bd. We will always provide free access to the current law. for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. 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. Shepherd 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. In Oregon, local governments codify these regulations in zoning ordinances or development codes. 0000007150 00000 n 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. The legislature has recognized that EFU zoning limits the use of agricultural land. 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). Monday - Friday The minimum parcel size 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. #8Health Care Quality. It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. 0000003599 00000 n 0000001378 00000 n View photos, public assessor data, maps and county tax information. 0000031124 00000 n Agriculture is linked economically to approximately 13 percent of all Oregon sales and 11 percent of the state's economy. Just over 26 percentor 16.3 million acresof Oregon's land was in non-federal agricultural use in 2015. Location: Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284, 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), Published notice is adequate if property owners can reasonably ascertain that property in which they hold interest may be affected. 0000008983 00000 n EXCLUSIVE FARM USE, EFU ZONE . Salaries above this are outliers. 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 Can You Build A House On Efu Zoned Land In Oregon? 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. Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. The maximum time allowed within any campground is 14 nights within any 17-night period. for non-profit, educational, and government users. 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. entrepreneurship, were lowering the cost of legal services and ORS Zoning Maps of Jackson County ("Official Zoning Maps"). Hillcrest Vineyard v. Bd. Comprehensive plan policies must strive to minimize conversion of farmland to other uses. For more than four decades, Oregon has maintained a strong policy to protect farmland. 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. Oregon is the top producer in the nation of thirteen crops including hazelnuts, fescue seed, and Christmas trees. 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. 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. endobj 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. increasing citizen access. 5178 0 obj <> endobj 26, 2021). we provide special support 0000016136 00000 n Menges v. Bd. Those laws have protected farms, rural communities, and our state's $12 billion .
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