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we provide special support The minimum parcel size Hilary FooteFarm/Forest Specialisthilary.foote@dlcd.oregon.govPhone: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. PDF SECTION 3.010. EXCLUSIVE FARM USE, EFU ZONE - Morrow County, Oregon endstream endobj 129 0 obj <>/Metadata 6 0 R/Pages 5 0 R/StructTreeRoot 8 0 R/Type/Catalog/ViewerPreferences<>>> endobj 130 0 obj <>/Font<>/ProcSet[/PDF/Text]/Properties<>/XObject<>>>/Rotate 0/StructParents 1/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 131 0 obj <> endobj 132 0 obj <>stream In 2015, Oregon's agricultural sector produced $5.7 billion. Evidence of earned farm income is typically required. Kola Tepee, Inc. v. Marion County, 99 Or App 481, 782 P2d 955 (1989), Sup Ct review denied, Boarding of horses for profit is conditional use permitted in EFU zone but is not farm use. EFU zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. Planning permission is required to change the use from agricultural to garden, and local authorities are often reluctant to give permission where there may be a risk of increased development or urbanisation of the countryside. 0000003599 00000 n 0000007150 00000 n Likely, your Farm Special Assessment was disqualified. Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030 (1995), Uses that may be established "subject to ORS 215.296" are allowable uses subject to approval of local governing body. Through social Only share sensitive information on official, secure websites. Learn A. Can I Open Carry In Oregon If I Live In Idaho? 128 0 obj <> endobj xref 128 41 0000000016 00000 n Land divisions in exclusive farm use zones, ORS 215.203 (Zoning ordinances establishing exclusive farm use zones), ORS 215.780 (Minimum lot or parcel sizes), ORS 195.120 (Rules and planning goal amendments for parks required), ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties), ORS 321.257 (Definitions for ORS 321.257 to 321.390), 215.284 (Dwelling not in conjunction with farm use), ORS 215.284 (Dwelling not in conjunction with farm use), ORS 321.805 (Definitions for ORS 321.805 to 321.855), ORS 215.255 (Farm product processing facility). |o_K?X4 kzty.KHc C*g3B;;X.EsRhQ- jqwx _~y,Zz7{o-x7,_^fBV2.z,u`nj$@ EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. The 1,512 sq. 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. Can I convert agricultural building to residential? 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. 0000001116 00000 n Exclusive Farm Use (EFU) Zoned Farm (a.k.a. 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. It has known security flaws and may not display all features of this and other websites. 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. 0000007709 00000 n 0000031845 00000 n Oregon Off-Grid Laws - An In Depth Guide - Primal Survivor increasing citizen access. 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. 0000002564 00000 n 215.213 A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . 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. Agricultural Land: As defined in Oregon Administrative Rule 660-33-0020. 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. In addition, A .gov website belongs to an official government organization in the UnitedStates. As an accessory dwellings for farm help not related to the operator. 0000003075 00000 n 14107 Butteville Rd NE, Gervais, OR 97026 | Zillow 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. Join thousands of people who receive monthly site updates. 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. EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. jw/$qslvN_[9ljCgyr}[~`yIc1F8m9ILzvm(!NI7N4gQd|~[}. (Zoning of E30, E40 etc.). 0000003487 00000 n Counties apply EFU zoning to agricultural lands protected under Statewide Planning Goal 3. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html Everhart v. Dept. As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. (last accessed Jun. One is Rogue Valley International Medford Airport and, $6,837 is the 90th percentile. Purpose. Linfoot v. Dept. What is the International Airport in Oregon? Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." Through social sU$G`J.8gW. Barns. 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. 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. 0000001554 00000 n <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>> What is EFU zoning in Jackson County Oregon? of Rev., 4 OTR 489 (1971), Contiguous area of substantial size not used for farm purposes must be denied exemption even though contained within boundaries of qualifying farm operation. 8:00 a.m. - 12:00 p.m. A. We will always provide free access to the current law. Join thousands of people who receive monthly site updates. 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 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. 0000008352 00000 n Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. stream 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. Zoning also retains farmland in large blocks by prohibiting subdivision into parcels too small for commercial farming. DLCD v. Douglas County, 28 Or LUBA 242 (1994). <> 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. !aSVQ{\ mP| q!-}.ac PDF versions can be viewed using Adobe Acrobat Reader. EFU is a zoning category, and rarely gets changed. 0000001698 00000 n Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. PDF Assessment of Farmland Not in an Exclusive Farm-Use Zone - Oregon FAQ - Jackson County, OR Assessor . ORS Oregon's EFU laws have encouraged development where it makes sense while controlling sprawling subdivisions from leapfrogging across our rural landscapes. 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 However, Oregon does have very strict zoning laws which may make it difficult to build or do certain things on your property. for non-profit, educational, and government users. Who qualifies for farm tax exemption in Oregon? ORS Farm Use: As defined in ORS 215.203. entrepreneurship, were lowering the cost of legal services and 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. It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. 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. 3 0 obj %%EOF 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. 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. Zoned Farm) Property must be in an Exclusive Farm Use zone and must be used to grow something for sale with the intent to make a profit. As an accessory dwelling for a relative of the farm operator. As a primary dwelling for the farm operator. For information about farm-use assessment on land not in an EFU zone, see 0000036266 00000 n ft. home is a 4 bed, 2.0 bath property. Nichols v. Clackamas County, 146 Or App 25, 932 P2d 1185 (1997), Sup Ct review denied, Invalidation of rules inconsistent with statutes listed in ORS 215.304 as of March 1, 1994, is specifically directed to preventing replacement of marginal lands designation and does not otherwise limit LCDC authority to restrict permissible uses of exclusive farm use lands within marginal lands counties. Chapter 17.137 SA (SPECIAL AGRICULTURE) ZONE Oregon court rules on conditional use permits for land zoned for (1/9/03) The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. 0000030356 00000 n 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. Cauliflower. (1/9/03) B. This tax on harvest is known as the STF severance tax. There are two international airports in Oregon. Original Source: A lock icon ( ) or https:// means youve safely connected to the .gov website. The types of uses allowed often vary depending on the capability of soils for agricultural production. The legislature has recognized that EFU zoning limits the use of agricultural land. hbbbf`b``3y (excluding holidays), Polk County | 850 Main Street | Dallas, Oregon 97338. of Revenue, 290 Or 931, 627 P2d 480 (1981), Where plaintiff rented pasture at price of $40 per month for grazing of horses owned by his daughter's girlfriends, many of whom used their horses in connection with their 4-H projects; there were never more than five or six horses on the property at any one time; and each of the renters was responsible for feeding and care of her own horse, individuals renting pasture were doing so for personal reasons and not for primary purpose of obtaining a profit within the meaning of this section and use of property did not meet definition of "farm use." It cannot be the first agricultural construction on the unit. 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. Can you change the use of agricultural land? 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. 0000001378 00000 n View information about 13161 Wilco Hwy Ne, Woodburn, OR 97071. 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. 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. for non-profit, educational, and government users. The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. 17.136.040 Uses permitted subject to standards. 26, 2021). 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. 0Pi) o|7x5] ?Rtq\JD'XaAXVOeX2:Jb$A8N|8t K? Full-Time Residential Use of Tiny Houses on Wheels Largely Illegal in Oregon. 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. What are you allowed to do with agricultural land? All 36 counties in Oregon have implemented EFU zoning. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 215.263 PDF CHAPTER 17.136 EXCLUSIVE FARM USE ZONE - Marion County, Oregon Large lot sizes help prevent the division of farms and ranches into smaller parcels that do not support commercial agriculture. SECTION 3.010. PDF Assessment of Farmland in an Exclusive Farm-Use Zone, 150-303-644 - Oregon endobj 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. Temporarily during a medical hardship of a family member. Broccoli. 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. 0000010216 00000 n exclusive farm useThe purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. Within an EFU zone no building, structure or premise shall be used, There are very strict rules on how this land can be used. To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. May be sited on an existing or new parcel that is unsuitable for production of crops, livestock, or trees. increasing citizen access. Join thousands of people who receive monthly site updates. Land Conservation and Development Commission (LCDC) sets standards and criteria for protecting farmland. Does Exclusive Farm Use (EFU) zoning work? Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. 3.4.2 EFU Statute/Ordinances - Land Divisions - Minimum Lot Sizes. It cannot exceed 500 square metres or 12 metres in height. State law requires that for farmers to qualify, they have to gross $100 an acre. A vibrant local farm economy requires a critical mass of farmland. Rutherford v. Armstrong, 31 Or App 1319, 572 P2d 1331 (1977), Sup Ct review denied, Under variance provisions of this section, land included within exclusive farm use zone pursuant to LCDC goal may be used for certain non-farm purposes. of Rev., 8 OTR 122 (1979), Homesite located on land zoned for exclusive farm use was not eligible for special assessment. If they farm less than 6.5 acres, they must earn $650 in grossnot netincome in three out of every five years. https://oregon.public.law/statutes/ors_215.283. 0000027601 00000 n On a "lot of record" that has been in the same ownership since 1985. Statewide Planning Goal 3 defines agricultural land using soil types and other factors. 17.136.020 PERMITTED USES. 0000037349 00000 n Linn County v. Hickey, 98 Or App 100, 778 P2d 509 (1989), This section, which provides that churches may be allowed as permitted uses in Exclusive Farm Use zone does not preclude counties from regulating church uses or making them conditional. H\n08)RcCyTtxg3jooat.)sjCyXYnr?~5!u>ko!nz\>-6[ei6 U3ZBl/vNYU;|^W`H~Zm0.%=XVPC do'={Yg}5=jzc/Bg,A0K%d Y,Ap/s$/|GwTx*=JOSTx*=JOSTxecR_sJ1(*o = endstream endobj 133 0 obj <> endobj 134 0 obj <> endobj 135 0 obj <> endobj 136 0 obj <> endobj 137 0 obj <> endobj 138 0 obj <> endobj 139 0 obj <>stream 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. We will always provide free access to the current law. Polk County | 850 Main Street | Dallas, Oregon 97338. Yes! 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. How Long Can You Stay At An Oregon State Park? McCaw Communications, Inc. v. Marion County, 96 Or App 552, 773 P2d 779 (1989), Defendant's kennel operations did not become nonconforming use until county enacted ordinance to prohibit kennel operations in agricultural zone, and were permitted under earlier zoning ordinances because they come within definition of farm use. EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 0000003976 00000 n ORS 215.213 - Uses permitted in exclusive farm use zones in counties Do I need to register with the state of Oregon to be a farmer? Taylor v. Dept. of Comm. 17.136.020 Permitted uses. 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. 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. Whether you are curious where you can grow marijuana or, on the flipside, about what . The state's agriculture is also one of the most diverse in the nation with over 225 different types of crops and livestock.