Monday - Friday 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: . 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. Zoning Maps of Jackson County ("Official Zoning Maps"). Can You Build A House On Efu Zoned Land In Oregon? endobj Full-Time Residential Use of Tiny Houses on Wheels Largely Illegal in Oregon. 3.4.2 EFU Statute/Ordinances - Land Divisions - Minimum Lot Sizes. $560 is the 25th percentile. 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. 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. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 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). HUn6}WQz0 ORS 215.780(1)(b). For NON-EFU zoning, be sure to read the Gross Income Requirements as well. %PDF-1.5 % The main tool for carrying out that policy is the statewide planning program. The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. EFU zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. Dayton Prairie Water Association v. Yamhill County, 170 Or App 6, 11 P3d 671 (2000), 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. In addition, Likely, your Farm Special Assessment was disqualified. 215.283 Original Source: EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. 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. 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. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 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). 0000027601 00000 n The impact of EFU zoning may also be reflected in recent farm trends that show a healthy agricultural sector. 0000029994 00000 n Your browser is out-of-date! Farming and ranching are important sectors of Oregon's agricultural industry, and are critical drivers of the state's economy. of Revenue, 12 OTR 407 (1993), Winery is not farm use. Location: stream 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. (1/9/03) 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. increasing citizen access. we provide special support 0000002184 00000 n 0000001554 00000 n 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. Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993, Single-family residence could not, as matter of law, be permitted on five-acre parcel zoned for farm use where subject property was presently in agricultural use, generally suitable for such use, and surrounded by operating farms. 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. 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. The Official Zoning Maps will be numbered, dated, and signed bythe Board of . EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 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 . 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. As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. Land in an EFU zones is eligible for lower property taxes when the land is farmed. of Comm. Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. This tax on harvest is known as the STF severance tax. 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. 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. of Comm., 44 Or App 603, 606 P2d 681 (1980), as modified by 45 Or App 797, 609 P2d 847 (1980), aff'd 290 Or 251, 621 P2d 562 (1980), (1) no finding was made that proposed dwellings would not materially alter stability of overall land use pattern in area and; (2) board's finding that land was generally unsuitable for production of farm crops and livestock was not supported by reliable, probative and substantial evidence. 0000008352 00000 n https://oregon.public.law/statutes/ors_215.263. 850 Main Street 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). 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) 0000004665 00000 n (excluding holidays), Polk County | 850 Main Street | Dallas, Oregon 97338. 0000001378 00000 n Evidence of earned farm income is typically required. 5178 0 obj <> endobj As a primary dwelling for the farm operator. 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). Still v. Bd. A. sU$G`J.8gW. Oregon's EFU laws have encouraged development where it makes sense while controlling sprawling subdivisions from leapfrogging across our rural landscapes. 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. Chapin v. Dept. Approval of this type of dwelling typically requires evidence of earned farm income over the past several years. Resource Documents Contacts Hilary Foote Farm/Forest Specialist hilary.foote@dlcd.oregon.gov Phone: 503-881-9249 DLCD Regional Representatives Regional Representatives by Region Clark v. Jackson County, 313 Or 508, 836 P2d 710 (1992), Uses that "may be permitted" in exclusive farm use zone are uses as of right not subject to additional local government restriction. Purpose. https://oregon.public.law/statutes/ors_215.203. Corn. Through social Income requirement If the land is six and one half acres or less, your gross income from the farm use must be at least $650. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978); 1000 Friends v. Benton County, 32 Or App 413, 575 P2d 651 (1978), Although plaintiff's attempt to control tansy ragwort could have restored subject property to profitable future activity, such use of property did not constitute "farm use" within the meaning of this section because the land was not currently being used to obtain profits. 0000030356 00000 n entrepreneurship, were lowering the cost of legal services and Can I put a tiny home on my property in Oregon? The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. Polk County | 850 Main Street | Dallas, Oregon 97338. we provide special support 0000001698 00000 n This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied, Statutory scheme establishing LCDC and granting it authority to establish state-wide land use planning goals does not unconstitutionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. 7031 Koll Center Pkwy, Pleasanton, CA 94566. x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue; What are the primary components of Exclusive Farm Use (EFU) zoning? Beets. Fitzwater v. Dept. (1/9/03) B. 3 0 obj 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. 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. Benton v. Dept. 0000003075 00000 n 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. 0000036266 00000 n 0000015061 00000 n ORS for non-profit, educational, and government users. (x) A .gov website belongs to an official government organization in the UnitedStates. CD-uV%]@|=tsqu5QEP zLh U7Ln8[z]17Mm`~8s}KU[ s6AF!1/p;z_a`7q ID5a!r sY31'P9P! To replace a dwelling that currently or previously existed. 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. EXCLUSIVE FARM USE, EFU ZONE . 0000010216 00000 n of Comm. 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. 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. Land Conservation and Development Commission (LCDC) sets standards and criteria for protecting farmland. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. For relatives whose assistance is necessary for management of a commercial farming operation. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. View more property details, sales history and Zestimate data on Zillow. ORS In 2015, Oregon's agricultural sector produced $5.7 billion. . 0000016136 00000 n It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. The maximum time allowed within any campground is 14 nights within any 17-night period. 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. 0000003976 00000 n <> 0000006216 00000 n 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.
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