It is virtually impossible to have a small-acreage off-grid farm in Oregon. A. The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. As an accessory dwellings for farm help not related to the operator. It has known security flaws and may not display all features of this and other websites. Just over 26 percentor 16.3 million acresof Oregon's land was in non-federal agricultural use in 2015. Oregon Relay TTY or Voice: 711, Office Hours We will always provide free access to the current law. Land Conservation and Development Commission (LCDC) sets standards and criteria for protecting farmland. x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue; 0000003713 00000 n hbbbf`b``3y Broccoli. If you are not sure if your land is within a farm-use zone, check with your planning office or your county assessor's office. H\n08)RcCyTtxg3jooat.)sjCyXYnr?~5!u>ko!nz\>-6[ei6 U3ZBl/vNYU;|^W`H~Zm0.%=XVPC do'={Yg}5=jzc/Bg,A0K%d Y,Ap/s$/|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 for non-profit, educational, and government users. In Oregon, local governments codify these regulations in zoning ordinances or development codes. What is EFU land? - OLAWAOregon Land And Water Alliance 0000011672 00000 n https://oregon.public.law/statutes/ors_215.263. Learn 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. 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). EFU zoning reflects the state's agricultural land use policies by seeking to preserve agricultural land for commercial farming and ranching. Polk County Zoning Ordinance | Polk County Oregon Official Website 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. The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. Original Source: Salaries above this are outliers. 0000003976 00000 n 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. 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. Your browser is out-of-date! Are new dwellings allowed in Exclusive Farm Use (EFU) zones? 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 . 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. Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. 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) Click on a question to reveal the answer. Polk County | 850 Main Street | Dallas, Oregon 97338. CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. Yes! for non-profit, educational, and government users. Can houses be built on agricultural land? Evidence of earned farm income is typically required. To replace a dwelling that currently or previously existed. increasing citizen access. In 1973, only 12 uses were allowed in EFU zones. 215 and Oregon Administrative Rule (OAR) Chapter 660 Division 33. 26, 2021). 0000005055 00000 n <> PDF Marion County, Oregon Code Title 17 RURAL ZONING Chapter 17.136 - EFU EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 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. 0000037349 00000 n %%EOF Yes. How Many International Airports Are In Oregon? During these two seasons, visitors will find lighter crowds and cooler, Scientists believe this is due to pesticides, urban development, and light pollution. for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. 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. 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 <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>> Statewide Planning Goal 3 defines agricultural land using soil types and other factors. 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. When you picture a barn on agricultural land, you are probably thinking of the large traditional red barn most commonly associated with a farm. . Write: Publications, Oregon Department of Revenue, 955 Center Street, NE, Salem OR 97301-2555. DLCD v. Douglas County, 28 Or LUBA 242 (1994). Can I build a second house on my property Oregon? Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. ft. home is a 4 bed, 2.0 bath property. Beets. High-value farmland must be avoided to the extent practicable. Land in an EFU zones is eligible for lower property taxes when the land is farmed. !aSVQ{\ mP| q!-}.ac 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. B. Corn. Clackamas County Zoning and Development Ordinance 17.136.030 Dwellings permitted subject to standards. There are two international airports in Oregon. In addition, State rules prohibit new dwelling in EFU zones unless applicants can show compliance with certain standards. 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. 0000001698 00000 n 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. 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. 0000015061 00000 n Forestland Deferral You may download an Application for Designation of Land as Forestland. 0000008352 00000 n What is the International Airport in Oregon? trailer <<23C30493FFAD4427AC6C96164321DEE2>]/Prev 48811/XRefStm 1378>> startxref 0 %%EOF 168 0 obj <>stream 2 0 obj 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. The 1,512 sq. 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. Fitzwater v. Dept. 13161 Wilco Hwy Ne, Woodburn, OR 97071 - Property Record | LoopNet To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. Who qualifies for farm tax exemption in Oregon? View photos, public assessor data, maps and county tax information. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. We will always provide free access to the current law. ORS Comprehensive plan policies must strive to minimize conversion of farmland to other uses. <> https://oregon.public.law/statutes/ors_215.283. 26, 2021). Containing growth inside urban growth boundaries reduces the pressure to convert farmland around cities to subdivisions, stores, and offices. Uses permitted in exclusive farm use zones in nonmarginal lands counties, 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 162.135 (Definitions for ORS 162.135 to 162.205), 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 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), 215.284 (Dwelling not in conjunction with farm use). Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. If they farm less than 6.5 acres, they must earn $650 in grossnot netincome in three out of every five years. 0000035861 00000 n For NON-EFU zoning, be sure to read the Gross Income Requirements as well. Original Source: in an Exclusive Farm-Use Zone This information circular explains farm-use assess-ments on farmland in an exclusive farm-use (EFU) zone. 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. Purpose. 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. Menges v. Bd. (1/9/03) B. In addition, we provide special support Within an EFU zone no building, structure or premise shall be used, ORS Section 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules, What Do You Need To Fly From California To Oregon? Acreage residential zones are areas that are suitable for development of acreage homesites. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html Linfoot v. Dept. But, if youre buying agriculturally zoned land to build a house on, you have to be comfortable living next to farms that might raise livestock. 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. . 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. 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. What are the primary components of Exclusive Farm Use (EFU) zoning? of Revenue, 12 OTR 407 (1993), Winery is not farm use. 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. Temporarily during a medical hardship of a family member. 0000029994 00000 n CD-uV%]@|=tsqu5QEP zLh U7Ln8[z]17Mm`~8s}KU[ s6AF!1/p;z_a`7q ID5a!r entrepreneurship, were lowering the cost of legal services and 1:00 p.m. - 5:00 p.m. Everhart v. Dept.