efu zoning marion county oregon

Today the list has grown to more than 60. 0000001116 00000 n These areas are generally well suited for large-scale farming. 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. 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. 1 0 obj 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). (last accessed Jun. 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It cannot exceed 500 square metres or 12 metres in height. We will always provide free access to the current law. EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . Farm Use: As defined in ORS 215.203. Oregon's The state legislature adopted the policy in 1973. 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. 26, 2021). Approval of this type of dwelling typically requires evidence of earned farm income over the past several years. A. 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 Polk County | 850 Main Street | Dallas, Oregon 97338. 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. Can you change the use of agricultural land? The main tool for carrying out that policy is the statewide planning program. 0000008352 00000 n Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. of Rev., 4 OTR 489 (1971), To qualify for assessment for farm use, owner must ultimately receive compensation, in some form, from farming or grazing operations conducted for money profit. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 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. 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. The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . DLCD prepares a Farm & Forest Report every two years that summarizes recent permit activity in EFU zones across the state. 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). Original Source: https://oregon.public.law/statutes/ors_215.263. 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) 0000007150 00000 n However, you may need to register with the Secretary of State if you use an assumed name for your business. 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. CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. All 36 counties in Oregon have implemented EFU zoning. 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. 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. 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. Linfoot v. Dept. 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). To replace a dwelling that currently or previously existed. 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. 17.136.020 PERMITTED USES. entrepreneurship, were lowering the cost of legal services and 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. 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. Oregon's statewide program requires counties to: Oregon's program emphasizes availability of land, free from conflicts, for use by commercial agriculture. 3.4.2 EFU Statute/Ordinances - Land Divisions - Minimum Lot Sizes. 0000032442 00000 n A. 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). If an agricultural tenancy is in place, express consent for the conversion from both the landlord and tenant must be obtained (you cannot terminate an agricultural tenancy for the purposes of carrying out the residential development, unless there is a written agreement that the site is no longer required for. You must have JavaScript enabled to use this form. Guido 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 we provide special support 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). 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. hbbbf`b``3y 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. We will always provide free access to the current law. Counties apply EFU zoning to agricultural lands protected under Statewide Planning Goal 3. % If they farm less than 6.5 acres, they must earn $650 in grossnot netincome in three out of every five years. Cauliflower. 0000001554 00000 n exclusive farm useThe purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 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. As a primary dwelling for the farm operator. The primary intent of these regulations is to conserve farm and forest lands for the production of crops, livestock, and timber products. What are you allowed to do with agricultural land? (excluding holidays), Polk County | 850 Main Street | Dallas, Oregon 97338. for non-profit, educational, and government users. That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 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. 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. EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 3 0 obj 0000036266 00000 n 1:00 p.m. - 5:00 p.m. When you picture a barn on agricultural land, you are probably thinking of the large traditional red barn most commonly associated with a farm. Original Source: 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. Shepherd v. Dept. 14107 Butteville Rd NE , Gervais, OR 97026-9747 is a single-family home listed for-sale at $3,000,000. 215.283 Jackson County, Oregon Chapter 5 Page i . For information about farm-use assessment on land not in an EFU zone, see They allow landowners to build, extend, develop, convert, excavate or carry out engineering work on certain sites without going through the full planning permission process, and some have been designed specifically for agricultural buildings. View information about 13161 Wilco Hwy Ne, Woodburn, OR 97071. https://oregon.public.law/statutes/ors_215.283. As a "nonfarm dwelling." 0000008983 00000 n 0000012722 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. 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. It cannot be the first agricultural construction on the unit. In 2015, Oregon's agricultural sector produced $5.7 billion. What Do You Need To Fly From California To Oregon? Original Source: 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. 0000037349 00000 n Exclusive Farm Use (EFU) Zoned Farm (a.k.a. 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. (how to identify a Oregon.gov website) 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. Still v. Bd. 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. How Many International Airports Are In Oregon? trailer <<23C30493FFAD4427AC6C96164321DEE2>]/Prev 48811/XRefStm 1378>> startxref 0 %%EOF 168 0 obj <>stream 26, 2021). Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. Temporarily during a medical hardship of a family member. The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. ORS A. Join thousands of people who receive monthly site updates. On a "lot of record" that has been in the same ownership since 1985. Everhart v. Dept. EFU zoning also helps prevent establishment of uses that are not compatible with agriculture. Agriculture is one of the state's biggest industries. To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. View photos, public assessor data, maps and county tax information. 0000001698 00000 n A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. 0000001378 00000 n hbbd``b`$ ~Hp\|ENYCM Q h 0000003713 00000 n Likely, your Farm Special Assessment was disqualified. Through social In addition, x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue; Farm Zoned Land in Oregon Much of Oregon's land is zoned as EFU (Exclusive Farm Use). 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. Section 215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules, State rules prohibit new dwelling in EFU zones unless applicants can show compliance with certain standards. Broccoli. $560 is the 25th percentile. entrepreneurship, were lowering the cost of legal services and The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html Can I build a second house on my property Oregon? Oregon's EFU zoning provides for wise development while protecting our rural & farm land uses. hTkGw;8c95&iOED"DahS/ZB(-AB[Huc?hPZhg&B3o `@`(X\MF!eF 9LnNp. 0000013659 00000 n fice or your county assessor's office. 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. 0000003599 00000 n 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 . hb```b`` Xmd$6OI H@xy:oPia)OACe?,4}W&ZkXgGKw3]uH1;fH3@ OJ+ endstream endobj 167 0 obj <>/Filter/FlateDecode/Index[8 120]/Length 27/Size 128/Type/XRef/W[1 1 1]>>stream As an accessory dwellings for farm help not related to the operator. The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. Menges v. Bd. DLCD v. Douglas County, 28 Or LUBA 242 (1994). Statewide Planning Goal 3 defines agricultural land using soil types and other factors. To preserve agricultural use of agricultural land. 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. In addition, 0000007794 00000 n It is virtually impossible to have a small-acreage off-grid farm in Oregon. 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. SECTION 3.010. What is EFU zoning in Jackson County Oregon? . 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. 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. 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. 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. EFU zoning reflects the state's agricultural land use policies by seeking to preserve agricultural land for commercial farming and ranching. Oregon is the top producer in the nation of thirteen crops including hazelnuts, fescue seed, and Christmas trees. Forestland Deferral You may download an Application for Designation of Land as Forestland.

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