Comprehensive plan policies must strive to minimize conversion of farmland to other uses. 0000007794 00000 n Hilary FooteFarm/Forest [email protected]: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. Zoning Maps of Jackson County ("Official Zoning Maps"). Carrots & Parsnips. Oregon is the top producer in the nation of thirteen crops including hazelnuts, fescue seed, and Christmas trees. Although the primary use in EFU zones remains farming, the zone has been diversified to include a variety of uses such as agritourism, dog training, and destination resorts. 0000035528 00000 n Click on a question to reveal the answer. The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. 0000007709 00000 n Capsey v. Dept. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. If they farm less than 6.5 acres, they must earn $650 in grossnot netincome in three out of every five years. https://oregon.public.law/statutes/ors_215.203. What produce is in season right now in Oregon? 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. Barns. 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. Marijuana production is subject to Section 841. EFU is a zoning category, and rarely gets changed. 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. Taylor 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. 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). (last accessed Jun. we provide special support It is located on high-value farmland, as defined in MCC 17.137.130 (D), and satisfies the following standards: a. for non-profit, educational, and government users. Monday - Friday entrepreneurship, were lowering the cost of legal services and Fitzwater v. Dept. Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. 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. (d) Operations conducted for: (A) Learn 850 Main Street Greenfield v. Multnomah County, 259 Or App 687, 317 P3d 274 (2013), "Structures" means something built or constructed for permanent or temporary use or occupancy by members of public and use and design limitations on structures apply to tents, canopies, portable viewing platforms, food cards and ticket kiosks. The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . Hillcrest Vineyard v. Bd. The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. <> Farming and ranching are important sectors of Oregon's agricultural industry, and are critical drivers of the state's economy. 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. Join thousands of people who receive monthly site updates. 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. What are the primary components of Exclusive Farm Use (EFU) zoning? The ORS 215.780(2) provisions that allow counties to adopt a minimum lot size smaller than would otherwise be What is EFU zoning in Jackson County Oregon? Non-farm dwellings must be sited on soils that are generally unsuitable for agriculture. EFU zoning reflects the state's agricultural land use policies by seeking to preserve agricultural land for commercial farming and ranching. State rules prohibit new dwelling in EFU zones unless applicants can show compliance with certain standards. Location: 0000001698 00000 n 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: . 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. Does Oregon have good healthcare? 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. K!t&E @0[Z!.($Ppp}XT6aGd#)z+ @ SIY5wzW] pmU3UIWC`CzgQSyc$~w'A BPx@o=BGV5gPZOm 6SFF1upq8@ A&e[ {$1Sc::xWXA&F EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. These areas are generally well suited for large-scale farming. 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 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. Section 215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules, You must have JavaScript enabled to use this form. Guido v. Dept. 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. Whether you are curious where you can grow marijuana or, on the flipside, about what . Those laws have protected farms, rural communities, and our state's $12 billion . Who qualifies for farm tax exemption in Oregon? Cabbage. 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. The types of uses allowed often vary depending on the capability of soils for agricultural production. Full-Time Residential Use of Tiny Houses on Wheels Largely Illegal in Oregon. %%EOF $560 is the 25th percentile. 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. 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. 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. of Comm. 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). In 2015, Oregon's agricultural sector produced $5.7 billion. Zoning also retains farmland in large blocks by prohibiting subdivision into parcels too small for commercial farming. We will always provide free access to the current law. It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. Learn how, An official website of the State of Oregon, Department of Land Conservation and Development, An official website of the State of Oregon , Transportation and Growth Management Program, Land Conservation and Development Commission, Oregon Legislative Information System (OLIS), Show these lands in the county's comprehensive plan, Adopt policies to preserve farmland in the comprehensive plan, Zone farmland EFU (exclusive farm use)consistent with state law. How Long Can You Stay At An Oregon State Park? 0000010625 00000 n In 1973, only 12 uses were allowed in EFU zones. of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894. Corn. sY31'P9P! EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>> We will always provide free access to the current law. Josephine County v. Garnier, 163 Or App 333, 987 P2d 1263 (1999), Requirement that utility facility be "necessary" for provision of service refers only to need to site facility in exclusive farm use zone instead of nonfarmland site, not to selection of facility as means of providing service. hbbd``b`$ ~Hp\|ENYCM Q h jw/$qslvN_[9ljCgyr}[~`yIc1F8m9ILzvm(!NI7N4gQd|~[}. 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. 0 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. 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). Section 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules, 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. . A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. The primary intent of these regulations is to conserve farm and forest lands for the production of crops, livestock, and timber products. MLS # A. % Oregon's SECTION 3.010. Documents are provided in Portable Document Format (.pdf). Goal 14 also requires cities and counties to plan for growth in population and employment and that this growth is to be contained inside urban growth boundaries. The main tool for carrying out that policy is the statewide planning program. Oregon's EFU laws have encouraged development where it makes sense while controlling sprawling subdivisions from leapfrogging across our rural landscapes. 0000011672 00000 n 1:00 p.m. - 5:00 p.m. 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., 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. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning ( EFU or NON-EFU) for "What Land Qualifies.". we provide special support Location: 0000001554 00000 n EFU (exclusive farm use)zoning limits development that could conflict with farm practices. Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. 0000030356 00000 n . One is Rogue Valley International Medford Airport and, $6,837 is the 90th percentile. 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). EFU is a zoning category, and rarely gets changed. Land Conservation and Development Commission (LCDC) sets standards and criteria for protecting farmland. A. 215.213 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. When you picture a barn on agricultural land, you are probably thinking of the large traditional red barn most commonly associated with a farm. Forestland Deferral You may download an Application for Designation of Land as Forestland. Purpose. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 0Pi) o|7x5] ?Rtq\JD'XaAXVOeX2:Jb$A8N|8t K? hTkGw;8c95&iOED"DahS/ZB(-AB[Huc?hPZhg&B3o `@`(X\MF!eF 9LnNp. Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. We will always provide free access to the current law. See if the property is available for sale or lease. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. In addition, The building must be solely for the purpose of agriculture. of Revenue, 294 Or 455, 657 P2d 680 (1983), Farmland that has been destroyed by nonfarm activity may not be classified as "wasteland" for purposes of obtaining farm use assessment. 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. Home; Disclaimer; Sitemap; Staff Login; Staff Login X. Username or e-mail * You may login with either . There are two international airports in Oregon. Kang v. Dept. To preserve agricultural use of agricultural land. entrepreneurship, were lowering the cost of legal services and Land in an EFU zones is eligible for lower property taxes when the land is farmed. The criteria in ORS 197A.320 and Statewide Planning Goal 14 for expanding an urban growth boundary include consideration of whether the land is high-value farmland. 3 0 obj What land qualifies for farm-use assessment? <> 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. a case by case review to determine whether the proposed dwelling will have adverse impacts. 0000001378 00000 n 215.203 The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. 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. (Zoning of E30, E40 etc.). 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. This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. Can I Open Carry In Oregon If I Live In Idaho? 0000016136 00000 n Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). ORS 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. For planning purposes the zoning ordinance as it pertains to EFU, generally allows for only one single family dwelling unit, buildings accessory to a dwelling, and permitted agricultural buildings for animals and equipment as necessary to operate a farm. Through social (how to identify a Oregon.gov website) ft. home is a 4 bed, 2.0 bath property. Can I put a tiny home on my property in Oregon? in an Exclusive Farm-Use Zone This information circular explains farm-use assess-ments on farmland in an exclusive farm-use (EFU) zone. You may login with either your assigned username or your e-mail address. increasing citizen access. Location: It cannot be the first agricultural construction on the unit. 4 0 obj entrepreneurship, were lowering the cost of legal services and For more than four decades, Oregon has maintained a strong policy to protect farmland. for non-profit, educational, and government users. %PDF-1.5 % An official website of the State of Oregon Jackson County Citizens' League v. Jackson County, 171 Or App 149, 15 P3d 42 (2000), "Public or private school" is restrictive term that does not include broad range of places of learning. Are new dwellings allowed in Exclusive Farm Use (EFU) zones? Write: Publications, Oregon Department of Revenue, 955 Center Street, NE, Salem OR 97301-2555. Acreage residential zones are areas that are suitable for development of acreage homesites. 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. 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 26, 2021). . Likely, your Farm Special Assessment was disqualified. of Revenue, 12 OTR 407 (1993), Winery is not farm use. Large lot sizes help prevent the division of farms and ranches into smaller parcels that do not support commercial agriculture. 0000029994 00000 n How big a agricultural building can I build without planning permission? To preserve agricultural use of agricultural land. What is EFU zoning in Jackson County Oregon? 0000015061 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. 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. 0000032125 00000 n For information about farm-use assessment on land in an EFU zone, see the information circular, "Assessment of Farm-land in an Exclusive Farm-Use Zone," 150-303-644. View more property details, sales history and Zestimate data on Zillow.
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