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. 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 . . Brussel Sprouts. To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. 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. 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. 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. 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 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. EFU zoning also helps prevent establishment of uses that are not compatible with agriculture. See if the property is available for sale or lease. https://oregon.public.law/statutes/ors_215.203. It is located on high-value farmland, as defined in MCC 17.137.130 (D), and satisfies the following standards: a. Hawaii is the top state for health care. <> 7031 Koll Center Pkwy, Pleasanton, CA 94566. Cauliflower. Can I convert agricultural building to residential? Containing growth inside urban growth boundaries reduces the pressure to convert farmland around cities to subdivisions, stores, and offices. Non-farm dwellings must be sited on soils that are generally unsuitable for agriculture. Forestland Deferral You may download an Application for Designation of Land as Forestland. EFU zoning reflects the state's agricultural land use policies by seeking to preserve agricultural land for commercial farming and ranching. 3 0 obj (last accessed Jun. However, you may need to register with the Secretary of State if you use an assumed name for your business. 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. It is virtually impossible to have a small-acreage off-grid farm in Oregon. trailer <<23C30493FFAD4427AC6C96164321DEE2>]/Prev 48811/XRefStm 1378>> startxref 0 %%EOF 168 0 obj <>stream Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. 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. For relatives whose assistance is necessary for management of a commercial farming operation. Are new dwellings allowed in Exclusive Farm Use (EFU) zones? 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. The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. 0000007709 00000 n Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. 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. 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. increasing citizen access. Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. 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. 0000032442 00000 n <> 26, 2021). This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. 0000005055 00000 n 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. 0000002564 00000 n 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. 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. 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. Within an EFU zone no building, structure or premise shall be used, 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. Original Source: 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. Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. 0000030356 00000 n EFU is a zoning category, and rarely gets changed. We will always provide free access to the current law. In addition, (how to identify a Oregon.gov website) What are Top 10 Highest Paying Cities for Hourly Rate, #32Health Care Access. 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. Acreage residential zones are areas that are suitable for development of acreage homesites. Menges v. Bd. Farm Zoned Land in Oregon Much of Oregon's land is zoned as EFU (Exclusive Farm Use). State law requires that for farmers to qualify, they have to gross $100 an acre. 26, 2021). 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) of Rev., 4 OTR 206 (1970), rev'd 261 Or 78, 493 P2d 38 (1972), Authority of state over use of land along Willamette River under Greenway Law, (1975) Vol 37, p 515; propriety of establishing aircraft landing field in "farm use zone," (1975) Vol 37, p 547; effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284, 9 WLJ 1-25 (1973); 53 OLR 120, 127 (1974); 19 EL 63 (1988), 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. Section 215.263 Land divisions in exclusive farm use zones; criteria for approval; rules, Section 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules, Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Monday - Friday Seasonal Oregon Produce Apples: August. 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. Oregon's On a "lot of record" that has been in the same ownership since 1985. How big a agricultural building can I build without planning permission? Section 215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules, 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. In 1973, only 12 uses were allowed in EFU zones. (1/9/03) A lock icon ( ) or https:// means youve safely connected to the .gov website. 0000031845 00000 n entrepreneurship, were lowering the cost of legal services and Do I need to register with the state of Oregon to be a farmer? We will always provide free access to the current law. Farming and ranching are important sectors of Oregon's agricultural industry, and are critical drivers of the state's economy. 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon Evidence of earned farm income is typically required. CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE 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. Original Source: 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). 0000003599 00000 n <> 17.136.020 Permitted uses. 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. We will always provide free access to the current law. A .gov website belongs to an official government organization in the UnitedStates. That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. Likely, your Farm Special Assessment was disqualified. Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030 (1995), Where language describing use permitted as of right employs inexact or delegative terms to describe limitations, agency may interpret limits by rule. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Oregon's statewide program requires counties to: Oregon's program emphasizes availability of land, free from conflicts, for use by commercial agriculture. These areas are generally well suited for large-scale farming. endobj If you don't already have Acrobat installed on your system, you may download the Adobe Acrobat Reader, which acts as a "plug-in" for your web browser, for free. Agricultural practices like pesticide spraying, manure management, and movement of farm machinery, while critical for maintaining farm operations, are not pleasant to live with as a residential neighbor. Jackson County, Oregon Chapter 5 Page i . % What is EFU zoning in Jackson County Oregon? for non-profit, educational, and government users. :#dBvX-hH'I+=14K4WeasOa j6}OW:7;Ix2k'7&2t}IFn[UzeNn+]++zhWrCrLWxPOhfw@FN$hz(`pP8b_;50*!^lS |,G'``bI(/E*O:DP3\ED1RZ0aB>ALD6m48V{~G=.mA@X"BO@2A5P0Y76%@ZdaV2dTt! How you know . 0000003487 00000 n This can include multi-unit farm worker housing. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 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. ORS https://oregon.public.law/statutes/ors_215.283. Capsey v. Dept. !aSVQ{\ mP| q!-}.ac Exclusive Farm Use (EFU) Zoned Farm (a.k.a. An official website of the State of Oregon Only share sensitive information on official, secure websites. Still v. Bd. ORS 215.780(1)(b). 1:00 p.m. - 5:00 p.m. 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. What land qualifies for farm-use assessment? To replace a dwelling that currently or previously existed. A. a case by case review to determine whether the proposed dwelling will have adverse impacts. 0000036266 00000 n Location: Do You Pay Sales Tax On A House In Oregon? 0000008352 00000 n You may login with either your assigned username or your e-mail address. #8Health Care Quality. 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. In 2015, Oregon's agricultural sector produced $5.7 billion. 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. 17.136.030 Dwellings permitted subject to standards. endobj 14107 Butteville Rd NE , Gervais, OR 97026-9747 is a single-family home listed for-sale at $3,000,000. Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. Keicher v. Clackamas County, 175 Or App 633, 29 P3d 1155 (2001), "Subsurface of public roads and highways" includes entire right-of-way within which thoroughfare has been constructed, not merely hard surface on which traffic travels. (Zoning of E30, E40 etc.). What are the primary components of Exclusive Farm Use (EFU) zoning? EFU zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. Resource Documents Contacts Hilary Foote Farm/Forest Specialist hilary.foote@dlcd.oregon.gov Phone: 503-881-9249 DLCD Regional Representatives Regional Representatives by Region hbbd``b`$ ~Hp\|ENYCM Q h CD-uV%]@|=tsqu5QEP zLh U7Ln8[z]17Mm`~8s}KU[ s6AF!1/p;z_a`7q ID5a!r Just over 26 percentor 16.3 million acresof Oregon's land was in non-federal agricultural use in 2015. A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. Click on a question to reveal the answer. Zoning that limits land partitioning, speculation, and adjacent conflicting uses leaves farmers and ranchers free to pursue farming and confident enough of a long-range future in farming to make continued investments in their operations. Original Source: ORS Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. In addition, we provide special support In addition, As an accessory dwellings for farm help not related to the operator. 17.136.040 Uses permitted subject to standards. EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. : (503) 623-9237 %PDF-1.4 % 0000001378 00000 n 0000007794 00000 n Land in an EFU zones is eligible for lower property taxes when the land is farmed. 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. Original Source: https://www.oregonlegislature.gov/bills_laws/ors/ors215.html As a "nonfarm dwelling." The report gives numbers and locations for newly approved land divisions, as well as for newly approved farm and non-farm dwellings. 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. Beets. for non-profit, educational, and government users. During these two seasons, visitors will find lighter crowds and cooler, Scientists believe this is due to pesticides, urban development, and light pollution. 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. Can houses be built on agricultural land? 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). Taylor v. Dept. 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. 0000014673 00000 n As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. 0000003713 00000 n 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. Oregon's agricultural lands protection program has reduced many of these problems relative to other parts of the country, but the threats still exist. 0000008983 00000 n 0000002184 00000 n You must have JavaScript enabled to use this form. View information about 13161 Wilco Hwy Ne, Woodburn, OR 97071. (x) 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. 0000035528 00000 n A. 0000011672 00000 n High-value farmland must be avoided to the extent practicable. 10 Farm Structures That Can Be Built on Agricultural Land. (last accessed Jun. 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. Find properties near 13161 Wilco Hwy Ne. 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. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning ( EFU or NON-EFU) for "What Land Qualifies.". 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. Oregon's EFU laws have encouraged development where it makes sense while controlling sprawling subdivisions from leapfrogging across our rural landscapes. 0000003976 00000 n 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. To preserve agricultural use of agricultural land. %%EOF Agricultural use means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. Learn The Official Zoning Maps will be numbered, dated, and signed bythe Board of . 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). Shepherd v. Dept. 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. 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. Some of the restrictions include: Parcel size: To prevent over-development, there are parcel size minimums of 20 to 160 acres. When you picture a barn on agricultural land, you are probably thinking of the large traditional red barn most commonly associated with a farm.