The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . 0000032442 00000 n Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. All 36 counties in Oregon have implemented EFU zoning. (d) Operations conducted for: (A) Oregon court rules on conditional use permits for land zoned for 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. Hillcrest Vineyard v. Bd. Menges v. Bd. we provide special support 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). Taylor v. Dept. (1/9/03) 0000001116 00000 n 0000007709 00000 n In addition, However, Oregon does have very strict zoning laws which may make it difficult to build or do certain things on your property. EFU is a zoning category, and rarely gets changed. 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. we provide special support EFU zoning has changed over the years. 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. 0000036266 00000 n Dwellings in rural areas are typically limited to detached single-family structures. Only share sensitive information on official, secure websites. We will always provide free access to the current law. Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html Polk County | 850 Main Street | Dallas, Oregon 97338. 0000032125 00000 n 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. entrepreneurship, were lowering the cost of legal services and (last accessed Jun. During these two seasons, visitors will find lighter crowds and cooler, Scientists believe this is due to pesticides, urban development, and light pollution. There are very strict rules on how this land can be used. Original Source: Still v. Bd. Whether you are curious where you can grow marijuana or, on the flipside, about what . What are Top 10 Highest Paying Cities for Hourly Rate, #32Health Care Access. This can include multi-unit farm worker housing. 0000030356 00000 n 4 0 obj 0000019932 00000 n 0000002564 00000 n Join thousands of people who receive monthly site updates. 0000001554 00000 n Evidence of earned farm income is typically required. That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. 10 Farm Structures That Can Be Built on Agricultural Land. Through social 26, 2021). 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. 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: . If an agricultural tenancy is in place, express consent for the conversion from both the landlord and tenant must be obtained (you cannot terminate an agricultural tenancy for the purposes of carrying out the residential development, unless there is a written agreement that the site is no longer required for. 1:00 p.m. - 5:00 p.m. A. The impact of EFU zoning may also be reflected in recent farm trends that show a healthy agricultural sector. See if the property is available for sale or lease. 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. Is Unsolicited Pictures Illegal In Oregon? 0000003976 00000 n Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). 0000003599 00000 n 0000037349 00000 n High-value farmland must be avoided to the extent practicable. When you picture a barn on agricultural land, you are probably thinking of the large traditional red barn most commonly associated with a farm. $560 is the 25th percentile. Statewide Planning Goal 3 defines agricultural land using soil types and other factors. The building must be solely for the purpose of agriculture. 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. The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. As an accessory dwellings for farm help not related to the operator. 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. EFU zoning also helps prevent establishment of uses that are not compatible with agriculture. 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. 17.136.020 PERMITTED USES. 2 0 obj %%EOF 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. 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. 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. Large lot sizes help prevent the division of farms and ranches into smaller parcels that do not support commercial agriculture. Just over 26 percentor 16.3 million acresof Oregon's land was in non-federal agricultural use in 2015. 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 Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 0000030738 00000 n A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon View information about 13161 Wilco Hwy Ne, Woodburn, OR 97071. Capsey v. Dept. Chapter 17.128 AR (ACREAGE RESIDENTIAL) ZONE 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) 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). 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. 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. 5178 0 obj <> endobj 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. As a primary dwelling for the farm operator. ORS 215.213 - Uses permitted in exclusive farm use zones in counties 0000008983 00000 n Off-grid living is legal in Oregon. 0000003487 00000 n for non-profit, educational, and government users. Location: 17.136.030 Dwellings permitted subject to standards. 0000016136 00000 n Non-farm dwellings must be sited on soils that are generally unsuitable for agriculture. Do I need to register with the state of Oregon to be a farmer? % 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. Zoning ordinances establishing exclusive farm use zones, Woodlot was not currently employed as part of whole parcel, and was not surrounded by and did not border on farm use parcel and was therefore not appurtenant. 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. (1/9/03) B. 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. Department of Land Conservation and Development - Oregon Cabbage. 17.136.040 Uses permitted subject to standards. 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. 0000015061 00000 n 3 0 obj 0000029994 00000 n Zoning Maps of Jackson County ("Official Zoning Maps"). 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. endobj 7031 Koll Center Pkwy, Pleasanton, CA 94566. 0000012722 00000 n %PDF-1.7 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 Can I build a second house on my property Oregon? Gilmour v. Linn County, 279 Or App 584, 379 P3d 833 (2016), Ritch v. Dept. 0000007150 00000 n Likely, your Farm Special Assessment was disqualified. Write: Publications, Oregon Department of Revenue, 955 Center Street, NE, Salem OR 97301-2555. 215.203 https://oregon.public.law/statutes/ors_215.203. A lock icon ( ) or https:// means youve safely connected to the .gov website. x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue; 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. 128 0 obj <> endobj xref 128 41 0000000016 00000 n hTkGw;8c95&iOED"DahS/ZB(-AB[Huc?hPZhg&B3o `@`(X\MF!eF 9LnNp. 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