An official website of the State of Oregon 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. To preserve agricultural use of agricultural land. Learn https://oregon.public.law/statutes/ors_215.213. 0000013659 00000 n Only share sensitive information on official, secure websites. hbbbf`b``3y Original Source: In 2015, Oregon's agricultural sector produced $5.7 billion. A lock icon ( ) or https:// means youve safely connected to the .gov website. On a "lot of record" that has been in the same ownership since 1985. Are new dwellings allowed in Exclusive Farm Use (EFU) zones? 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. 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. Jackson County, Oregon Chapter 5 Page i . hTkGw;8c95&iOED"DahS/ZB(-AB[Huc?hPZhg&B3o `@`(X\MF!eF 9LnNp. 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. View more property details, sales history and Zestimate data on Zillow. 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 addition, 0000012722 00000 n The comparison to other parts of the country is now stark, especially at the edges of urban areas, where in most states low-density residential development continues to leap-frog across the landscape, forcing the premature conversion of farms to other uses. 0000006216 00000 n 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 3 0 obj %%EOF % 17.136.020 Permitted uses. Location: The types of uses allowed often vary depending on the capability of soils for agricultural production. Whether you are curious where you can grow marijuana or, on the flipside, about what . %PDF-1.7 https://oregon.public.law/statutes/ors_215.263. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). (d) Operations conducted for: (A) 0 26, 2021). 5178 0 obj <> endobj An official website of the State of Oregon . What is EFU zoning in Jackson County Oregon? Marquam Farms Corp. v. Multnomah County, 147 Or App 368, 936 P2d 990 (1997), Buildings established for listed permitted uses are subject to restrictions and requirements of general application. Nichols v. Clackamas County, 146 Or App 25, 932 P2d 1185 (1997), Sup Ct review denied, Administrative rules governing high-value farmland are not subordinate to statutes governing permissive uses for exclusive farm use zones in nonmarginal land counties. Today the list has grown to more than 60. How big a agricultural building can I build without planning permission? of Comm. Containing growth inside urban growth boundaries reduces the pressure to convert farmland around cities to subdivisions, stores, and offices. As an accessory dwellings for farm help not related to the operator. Comprehensive plan policies must strive to minimize conversion of farmland to other uses. 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. Zoning Maps of Jackson County ("Official Zoning Maps"). Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. we provide special support Greenfield v. Multnomah County, 259 Or App 687, 317 P3d 274 (2013), "Incidental" as used in this section limits types of nonfarm crops or livestock items sold at farm stands but does not limit amount of sales of those items. Cabbage. a case by case review to determine whether the proposed dwelling will have adverse impacts. EFU zoning has changed over the years. 0000003075 00000 n The minimum parcel size Acreage residential zones are areas that are suitable for development of acreage homesites. 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). 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. Salaries above this are outliers. Benton v. Dept. 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. 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. 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. 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. 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. Kang v. Dept. (1/9/03) The 1,512 sq. 0000031124 00000 n 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. The Official Zoning Maps will be numbered, dated, and signed bythe Board of . 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. 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Can I build a second house on my property Oregon? Oregon's EFU laws have encouraged development where it makes sense while controlling sprawling subdivisions from leapfrogging across our rural landscapes. . However, Oregon does have very strict zoning laws which may make it difficult to build or do certain things on your property. High-value farmland must be avoided to the extent practicable. In addition, HUn6}WQz0 Purpose. Linfoot v. Dept. Capsey v. Dept. v7b[hZ8lR%"c g9;%>|}Ykb6{ATi_VkA,f=4LL]6~^w]Pe<4.~eY>_osTf"QE%z P=m&^r}ZI9o9xu}@#eSQqu. 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. for non-profit, educational, and government users. 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. we provide special support Find properties near 13161 Wilco Hwy Ne. A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. 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). Can I put a tiny home on my property in Oregon? fice or your county assessor's office. As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. %PDF-1.5 % Keicher v. Clackamas County, 175 Or App 633, 29 P3d 1155 (2001), Provision of emergency medical services and training is within statutory authorization for facilities providing rural fire protection services. The impact of EFU zoning may also be reflected in recent farm trends that show a healthy agricultural sector. 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 complete list of uses allowed is provided in OAR 660-033-0120. We will always provide free access to the current law. Can I Open Carry In Oregon If I Live In Idaho? Oregon's EFU zoning provides for wise development while protecting our rural & farm land uses. CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 0000003599 00000 n 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. endobj Oregon's statewide program requires counties to: Oregon's program emphasizes availability of land, free from conflicts, for use by commercial agriculture. 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. Linfoot v. Dept. May be sited on an existing or new parcel that is unsuitable for production of crops, livestock, or trees. In Oregon, local governments codify these regulations in zoning ordinances or development codes. Can you change the use of agricultural land? 17.136.020 PERMITTED USES. 7031 Koll Center Pkwy, Pleasanton, CA 94566. It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue; Corn. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." :#dBvX-hH'I+=14K4WeasOa j6}OW:7;Ix2k'7&2t}IFn[UzeNn+]++zhWrCrLWxPOhfw@FN$hz(`pP8b_;50*!^lS |,G'``bI(/E*O:DP3\ED1RZ0aB>ALD6m48V{~G=.mA@X"BO@2A5P0Y76%@ZdaV2dTt! Can You Build A House On Efu Zoned Land In Oregon? 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 Approval of this type of dwelling typically requires evidence of earned farm income over the past several years. endobj 8:00 a.m. - 12:00 p.m. Does Exclusive Farm Use (EFU) zoning work? This can include multi-unit farm worker housing. 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. 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. for non-profit, educational, and government users. Yes. Do You Pay Sales Tax On A House In Oregon? Properties like churches, utilities, schools, hospitals, offices, feed stores, kennels, etc., are often allowed to inhabit agricultural land. 215.213 4 0 obj It cannot be the first agricultural construction on the unit. 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. 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). A .gov website belongs to an official government organization in the UnitedStates. 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. Can houses be built on agricultural land? What is the International Airport in Oregon? Marijuana production is subject to Section 841. How Long Can You Stay At An Oregon State Park? Do I need to register with the state of Oregon to be a farmer? A. 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. Join thousands of people who receive monthly site updates. MLS # Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. View 22291 Boones Ferry Rd NE, Aurora, OR 97002 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic tax assessments, legal, parcel & structure description, land use, zoning & more. entrepreneurship, were lowering the cost of legal services and https://www.oregonlegislature.gov/bills_laws/ors/ors215.html : (503) 623-9237 Exclusive Farm Use (EFU) Zoned Farm (a.k.a. 26, 2021). Planning permission is required to change the use from agricultural to garden, and local authorities are often reluctant to give permission where there may be a risk of increased development or urbanisation of the countryside. Just over 26 percentor 16.3 million acresof Oregon's land was in non-federal agricultural use in 2015. Some of the restrictions include: Parcel size: To prevent over-development, there are parcel size minimums of 20 to 160 acres. Menges v. Bd. Chapin v. Dept. 17.136.030 Dwellings permitted subject to standards. How Many International Airports Are In Oregon? 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. Farming and ranching are important sectors of Oregon's agricultural industry, and are critical drivers of the state's economy. Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. Chapin v. Dept. DLCD v. Douglas County, 28 Or LUBA 242 (1994). (Zoning of E30, E40 etc.). 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. Land Conservation and Development Commission (LCDC) sets standards and criteria for protecting farmland. Temporarily during a medical hardship of a family member. Write: Publications, Oregon Department of Revenue, 955 Center Street, NE, Salem OR 97301-2555. 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. 0Pi) o|7x5] ?Rtq\JD'XaAXVOeX2:Jb$A8N|8t K? Seasonal Oregon Produce Apples: August. 0000005055 00000 n %PDF-1.4 % 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. This tax on harvest is known as the STF severance tax. Likely, your Farm Special Assessment was disqualified. A vibrant local farm economy requires a critical mass of farmland. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 0000011672 00000 n 0000008983 00000 n The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. 850 Main Street |o_K?X4 kzty.KHc C*g3B;;X.EsRhQ- jqwx _~y,Zz7{o-x7,_^fBV2.z,u`nj$@ (last accessed Jun. Farm Zoned Land in Oregon Much of Oregon's land is zoned as EFU (Exclusive Farm Use). 0000003713 00000 n No, there is no registration or license to be a farmer. The capability of land for farming also plays a role in where urban development goes. 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. 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. Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). King Estate Winery, Inc. v. Dept. Evidence of earned farm income is typically required. (x) Is Unsolicited Pictures Illegal In Oregon? Barns. 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. Large lot sizes help prevent the division of farms and ranches into smaller parcels that do not support commercial agriculture. 215 and Oregon Administrative Rule (OAR) Chapter 660 Division 33. for non-profit, educational, and government users. 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. For NON-EFU zoning, be sure to read the Gross Income Requirements as well. 215.263 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. ORS 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. Jackson County Citizens' League v. Jackson County, 171 Or App 149, 15 P3d 42 (2000), Authority of state over use of land along Willamette River under Greenway Law, (1975) Vol 37, p 515; permissibility of radio transmission tower as "utility facility necessary for public service" in area zoned for exclusive farm use, (1981) Vol 42, p 77, 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), 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. 1:00 p.m. - 5:00 p.m. Yes! Through social Forestland Deferral You may download an Application for Designation of Land as Forestland. Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. 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) It is located on high-value farmland, as defined in MCC 17.137.130 (D), and satisfies the following standards: a. endobj 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. EFU (exclusive farm use)zoning limits development that could conflict with farm practices. increasing citizen access. Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. in an Exclusive Farm-Use Zone This information circular explains farm-use assess-ments on farmland in an exclusive farm-use (EFU) zone. 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. The maximum time allowed within any campground is 14 nights within any 17-night period. However, you may need to register with the Secretary of State if you use an assumed name for your business. See if the property is available for sale or lease. 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. 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. 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 . 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. Section 215.263 Land divisions in exclusive farm use zones; criteria for approval; rules, When used as a dwelling in a residential zone as an accessory dwelling, tiny houses on wheels are typically illegal in Oregon. Through social increasing citizen access. EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . 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. One is Rogue Valley International Medford Airport and, $6,837 is the 90th percentile. The primary intent of these regulations is to conserve farm and forest lands for the production of crops, livestock, and timber products. 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. What is EFU zoning in Jackson County Oregon? CD-uV%]@|=tsqu5QEP zLh U7Ln8[z]17Mm`~8s}KU[ s6AF!1/p;z_a`7q ID5a!r sY31'P9P! 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. Those laws have protected farms, rural communities, and our state's $12 billion . 0000019932 00000 n Oregon is the top producer in the nation of thirteen crops including hazelnuts, fescue seed, and Christmas trees.