Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 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. %PDF-1.7 B. 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. For more than four decades, Oregon has maintained a strong policy to protect farmland. Shepherd v. Dept. In 2015, Oregon's agricultural sector produced $5.7 billion. Through social As farm operations scale down or leave, farm infrastructure, such as feed stores, processing facilities and irrigation districts may start to disappear, affecting the ability of the remaining farm community to be successful, and driving the cycle of conversion. Original Source: Title 17 Rural Zoning of the MCC provides regulations for development and use of lands in the portions of Marion County outside urban growth boundaries. 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. Section 215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules, 0000030738 00000 n 0000005055 00000 n You must have JavaScript enabled to use this form. An official website of the State of Oregon . Farm Use: As defined in ORS 215.203. 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. Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), Promotional and fee-based activities that take place outside farm stand structure are permitted in area zoned for exclusive farm use and include outdoor farm-to-plate dinners. Your browser is out-of-date! endstream endobj startxref It is located on high-value farmland, as defined in MCC 17.137.130 (D), and satisfies the following standards: a. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 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. 0000031845 00000 n 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 17.136.020 PERMITTED USES. 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. Original Source: The maximum time allowed within any campground is 14 nights within any 17-night period. Other lands may also be protected under Goal 3 and EFU zoning if they are suitable for grazing, used by farm and ranch operations, or necessary to permit farm practices to be undertaken on adjacent or nearby lands. (Zoning of E30, E40 etc.). 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. Large lot sizes help prevent the division of farms and ranches into smaller parcels that do not support commercial agriculture. 0000019932 00000 n 0000001378 00000 n 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. A. Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. These areas are generally well suited for large-scale farming. 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. of Comm. EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . Location: It cannot be the first agricultural construction on the unit. 3 0 obj 0000003075 00000 n Who qualifies for farm tax exemption in Oregon? Can I build a second house on my property Oregon? EFU is a zoning category, and rarely gets changed. Click on a question to reveal the answer. endobj 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. What land qualifies for farm-use assessment? 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. Those laws have protected farms, rural communities, and our state's $12 billion . EFU zoning has changed over the years. (d) Operations conducted for: (A) 0000003713 00000 n in an Exclusive Farm-Use Zone This information circular explains farm-use assess-ments on farmland in an exclusive farm-use (EFU) zone. Oregon's sY31'P9P! We will always provide free access to the current law. 1:00 p.m. - 5:00 p.m. However, Oregon does have very strict zoning laws which may make it difficult to build or do certain things on your property. MLS # Existing zoning, tax, and right-to-farm policies encourage continued farm use, but new challenges continue to appear and growth pressures will likely continue in many parts of the state. 0000030356 00000 n entrepreneurship, were lowering the cost of legal services and Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. 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. 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. 0000008983 00000 n 0000001554 00000 n hbbbf`b``3y 0000001116 00000 n increasing citizen access. 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). 4 0 obj <> Guido v. Dept. . <> of Revenue, 290 Or 931, 627 P2d 480 (1981), Under this section, county decision to issue building permit for construction of transmission tower more than 200 feet high on land designated for exclusive farm use was land use decision and appeal from issuance of permit was within exclusive jurisdiction of LUBA. Counties apply EFU zoning to agricultural lands protected under Statewide Planning Goal 3. 0 x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue; 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. Land Conservation and Development Commission (LCDC) sets standards and criteria for protecting farmland. The report gives numbers and locations for newly approved land divisions, as well as for newly approved farm and non-farm dwellings. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning ( EFU or NON-EFU) for "What Land Qualifies.". EXCLUSIVE FARM USE, EFU ZONE . 8:00 a.m. - 12:00 p.m. Do You Pay Sales Tax On A House In Oregon? 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. To preserve agricultural use of agricultural land. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Are new dwellings allowed in Exclusive Farm Use (EFU) zones? View more property details, sales history and Zestimate data on Zillow. In addition, Zoning also retains farmland in large blocks by prohibiting subdivision into parcels too small for commercial farming. %%EOF Land in an EFU zones is eligible for lower property taxes when the land is farmed. 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). Within an EFU zone no building, structure or premise shall be used, (last accessed Jun. 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon Human traffic, as well as housing and commercial developments, are making the fireflies, Oregon does not recognize concealed carry permits from other states but will issue an Oregon concealed carry permit to residents of surrounding states, including Idaho., (AP) Texting sexually explicit images of another person without their consent will be illegal under an Oregon measure on its way to the governor., Asparagus. #17Public Health. 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. A vibrant local farm economy requires a critical mass of farmland. 0000002184 00000 n Purpose. 17.136.040 Uses permitted subject to standards. Acreage residential zones are areas that are suitable for development of acreage homesites. DLCD v. Douglas County, 28 Or LUBA 242 (1994). 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. Warburton v. Harney County, 174 Or App 322, 25 P3d 978 (2001), Sup Ct review denied, "Utility facility" does not include project or site where critical function or functions of utility service are accomplished only by naturally occurring processes. Likely, your Farm Special Assessment was disqualified. 17.136.020 Permitted uses. State rules prohibit new dwelling in EFU zones unless applicants can show compliance with certain standards. 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. It has known security flaws and may not display all features of this and other websites. (excluding holidays), Polk County | 850 Main Street | Dallas, Oregon 97338. View photos, public assessor data, maps and county tax information. Full-Time Residential Use of Tiny Houses on Wheels Largely Illegal in Oregon. 0000031124 00000 n Corn. 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). Linfoot v. Dept. Cabbage. CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. Through social Location: Monday - Friday This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. sU$G`J.8gW. 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. Oregon is the top producer in the nation of thirteen crops including hazelnuts, fescue seed, and Christmas trees. 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). 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. 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). There are two international airports in Oregon. 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. Brussel Sprouts. Cox v. Polk County, 174 Or App 332, 25 P3d 970 (2001), Sup Ct review denied, Fire service facility has purpose of "providing rural fire protection services" if predominant area served by facility is rural. The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. #8Health Care Quality. Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. 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. 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. What are you allowed to do with agricultural land? exclusive farm useThe purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. 14107 Butteville Rd NE , Gervais, OR 97026-9747 is a single-family home listed for-sale at $3,000,000. When used as a dwelling in a residential zone as an accessory dwelling, tiny houses on wheels are typically illegal in Oregon. Home; Disclaimer; Sitemap; Staff Login; Staff Login X. Username or e-mail * You may login with either . 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. 26, 2021). Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. If they farm less than 6.5 acres, they must earn $650 in grossnot netincome in three out of every five years. 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. As an accessory dwelling for a relative of the farm operator. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). EFU is a zoning category, and rarely gets changed. v7b[hZ8lR%"c g9;%>|}Ykb6{ATi_VkA,f=4LL]6~^w]Pe<4.~eY>_osTf"QE%z P=m&^r}ZI9o9xu}@#eSQqu. 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. Agriculture is one of the state's biggest industries. In addition, 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 . 2 0 obj Benton v. Dept. Resource Documents Contacts Hilary Foote Farm/Forest Specialist hilary.foote@dlcd.oregon.gov Phone: 503-881-9249 DLCD Regional Representatives Regional Representatives by Region 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. The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. endobj ORS The Official Zoning Maps will be numbered, dated, and signed bythe Board of . 0000003599 00000 n Hillcrest Vineyard v. Bd. 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) 10 Farm Structures That Can Be Built on Agricultural Land. ORS 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). In Oregon, local governments codify these regulations in zoning ordinances or development codes. for non-profit, educational, and government users. SECTION 3.010. 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. 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 Agricultural use means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals. Comprehensive plan policies must strive to minimize conversion of farmland to other uses. 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. Section 215.263 Land divisions in exclusive farm use zones; criteria for approval; rules, DLCD prepares a Farm & Forest Report every two years that summarizes recent permit activity in EFU zones across the state. 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. Marijuana production is subject to Section 841. What produce is in season right now in Oregon? Fitzwater v. Dept. 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. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 0000001698 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). 0000032442 00000 n Join thousands of people who receive monthly site updates. Still v. Bd. Clark v. Jackson County, 313 Or 508, 836 P2d 710 (1992), Processing of aggregate that does not include final processing into asphalt or portland cement cannot qualify under provision permitting processing of other mineral resources and subsurface resources. EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 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. 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. 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.

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