efu zoning marion county oregon

Land Conservation and Development Commission (LCDC) sets standards and criteria for protecting farmland. 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. Non-farm dwellings must be sited on soils that are generally unsuitable for agriculture. 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. 0000001116 00000 n 215.213 Through social 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. 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. 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. Agricultural use means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals. 5225 0 obj <>stream A. 3.4.2 EFU Statute/Ordinances - Land Divisions - Minimum Lot Sizes. 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 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. State law requires that for farmers to qualify, they have to gross $100 an acre. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. Can I Open Carry In Oregon If I Live In Idaho? 0000003075 00000 n As an accessory dwelling for a relative of the farm operator. 17.136.030 Dwellings permitted subject to standards. 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). 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 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. (x) 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 to identify a Oregon.gov website) Lane County v. LCDC, 325 Or 569, 942 P2d 278 (1997), Buildings established for listed permitted uses are subject to restrictions and requirements of general application. Linfoot v. Dept. for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. 0000004665 00000 n Corn. 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. 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. 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. 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. Cherry Lane, Inc. v. Board of County Comm., 84 Or App 196, 733 P2d 488 (1987), Sup Ct review denied, Minimum parcel size requirements of ORS 215.780 are applicable to exclusive farm use lot division made for purpose of allowing nonfarm dwelling. A lock icon ( ) or https:// means youve safely connected to the .gov website. Zoning ordinances establishing exclusive farm use zones, Woodlot was not currently employed as part of whole parcel, and was not surrounded by and did not border on farm use parcel and was therefore not appurtenant. of Clackamas County, 48 Or App 951, 618 P2d 986 (1980), Since former version of this section provided that dwellings provided in conjunction with farm use were nonfarm uses, half-acre homesite on 111 acre tract zone Exclusive Farm Use was properly valued as homesite rather than farmland. In 2015, Oregon's agricultural sector produced $5.7 billion. As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. EFU zoning reflects the state's agricultural land use policies by seeking to preserve agricultural land for commercial farming and ranching. Location: 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. a case by case review to determine whether the proposed dwelling will have adverse impacts. endobj Seven options exist for establishing a dwelling in an EFU zone: New dwellings in an EFU zone have also been authorized as a result of Ballot Measures 37 and 49. EFU zoning has changed over the years. 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. 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). (d) Operations conducted for: (A) B. 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. Temporarily during a medical hardship of a family member. we provide special support 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. Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. ORS 215.780(1)(b). For more than four decades, Oregon has maintained a strong policy to protect farmland. 0000012722 00000 n 0000030356 00000 n EFU zoning also helps prevent establishment of uses that are not compatible with agriculture. Chapin v. Dept. When used as a dwelling in a residential zone as an accessory dwelling, tiny houses on wheels are typically illegal in Oregon. Original Source: increasing citizen access. As a "nonfarm dwelling." (last accessed Jun. 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. 1:00 p.m. - 5:00 p.m. 0000032125 00000 n 215.203 Agricultural Land: As defined in Oregon Administrative Rule 660-33-0020. 128 0 obj <> endobj xref 128 41 0000000016 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. Some of the restrictions include: Parcel size: To prevent over-development, there are parcel size minimums of 20 to 160 acres. 1 0 obj increasing citizen access. #8Health Care Quality. 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. Wetherell v. Douglas County, 342 Or 666, 160 P3d 614 (2007), Where respondent landowner grows, cuts, bales and compresses straw on property, zoned for exclusive farm use, then ships straw to market, respondent engages in "preparation" of straw and respondent's use of property is "farm use." CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 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. Zoning also retains farmland in large blocks by prohibiting subdivision into parcels too small for commercial farming. View photos, public assessor data, maps and county tax information. One is Rogue Valley International Medford Airport and, $6,837 is the 90th percentile. 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. 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. 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. In Oregon, local governments codify these regulations in zoning ordinances or development codes. (last accessed Jun. The EFU zone is intended to be a farm zone consistent with OAR 660 Division 033 and ORS 215.283. Beets. 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. Original Source: 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. 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://oregon.public.law/statutes/ors_215.283. View more property details, sales history and Zestimate data on Zillow. Dwellings in rural areas are typically limited to detached single-family structures. of Comm. endobj 14107 Butteville Rd NE , Gervais, OR 97026-9747 is a single-family home listed for-sale at $3,000,000. In addition, The main tool for carrying out that policy is the statewide planning program. Location: DLCD prepares a Farm & Forest Report every two years that summarizes recent permit activity in EFU zones across the state. Can houses be built on agricultural land? Acreage residential zones are areas that are suitable for development of acreage homesites. 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. % Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 0000013659 00000 n %PDF-1.5 % There are very strict rules on how this land can be used. 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 SECTION 3.010. 0000001698 00000 n Section 215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules, Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. 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