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of Comm. Documents are provided in Portable Document Format (.pdf). 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. The division and sale of farmland for non-farm purposes drives up land prices, often putting it out of the reach of existing farms and new farmers wanting to enter the market. 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. State rules prohibit new dwelling in EFU zones unless applicants can show compliance with certain standards. 0 A lock icon ( ) or https:// means youve safely connected to the .gov website. 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. In Oregon, local governments codify these regulations in zoning ordinances or development codes. May be sited on an existing or new parcel that is unsuitable for production of crops, livestock, or trees. increasing citizen access. 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. of Rev., 8 OTR 122 (1979), Homesite located on land zoned for exclusive farm use was not eligible for special assessment. To preserve agricultural use of agricultural land. ORS Widespread development of houses and amenities that serve urban populations on farmland can result in increased conflicts with agricultural practices. Although the primary use in EFU zones remains farming, the zone has been diversified to include a variety of uses such as agritourism, dog training, and destination resorts. <> hbbd``b`$ ~Hp\|ENYCM Q h Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. 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. (x) On a "lot of record" that has been in the same ownership since 1985. It cannot exceed 500 square metres or 12 metres in height. 0000001378 00000 n For NON-EFU zoning, be sure to read the Gross Income Requirements as well. endobj Oregon's EFU zoning provides for wise development while protecting our rural & farm land uses. Full-Time Residential Use of Tiny Houses on Wheels Largely Illegal in Oregon. 0000002564 00000 n 215.203 Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). 0000031845 00000 n entrepreneurship, were lowering the cost of legal services and Can You Build A House On Efu Zoned Land In Oregon? ft. home is a 4 bed, 2.0 bath property. Section 215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules, of Comm. Warburton v. Harney County, 174 Or App 322, 25 P3d 978 (2001), Sup Ct review denied, "Utility facility" does not include project or site where critical function or functions of utility service are accomplished only by naturally occurring processes. MLS # Can I put a tiny home on my property in Oregon? Through social 0000016136 00000 n 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. 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. Exclusive Farm Use (EFU) Zoned Farm (a.k.a. (excluding holidays), Polk County | 850 Main Street | Dallas, Oregon 97338. Oregon Relay TTY or Voice: 711, Office Hours 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. 0000011672 00000 n Zoning also retains farmland in large blocks by prohibiting subdivision into parcels too small for commercial farming. 0000001698 00000 n For information about farm-use assessment on land not in an EFU zone, see The maximum time allowed within any campground is 14 nights within any 17-night period. Home; Disclaimer; Sitemap; Staff Login; Staff Login X. Username or e-mail * You may login with either . Statewide Planning Goal 3 defines agricultural land using soil types and other factors. Containing growth inside urban growth boundaries reduces the pressure to convert farmland around cities to subdivisions, stores, and offices. 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. Title 17 Rural Zoning of the MCC provides regulations for development and use of lands in the portions of Marion County outside urban growth boundaries. Original Source: Oregon's agricultural lands protection program has reduced many of these problems relative to other parts of the country, but the threats still exist. 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. 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. 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. The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. increasing citizen access. Dallas, OR 97338Google Map, Ph. Brussel Sprouts. Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. 17.136.020 PERMITTED USES. 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. entrepreneurship, were lowering the cost of legal services and Join thousands of people who receive monthly site updates. 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. 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon 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. Still v. Bd. 0000001554 00000 n 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. 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. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html https://oregon.public.law/statutes/ors_215.203. King Estate Winery, Inc. v. Dept. sY31'P9P! v7b[hZ8lR%"c g9;%>|}Ykb6{ATi_VkA,f=4LL]6~^w]Pe<4.~eY>_osTf"QE%z P=m&^r}ZI9o9xu}@#eSQqu. Some of the restrictions include: Parcel size: To prevent over-development, there are parcel size minimums of 20 to 160 acres. Oregon's In addition, 0000001116 00000 n (last accessed Jun. Forestland Deferral You may download an Application for Designation of Land as Forestland. A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. Does Exclusive Farm Use (EFU) zoning work? 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. Off-grid living is legal in Oregon. ORS 215.780(1)(b). 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. 0000006216 00000 n How big a agricultural building can I build without planning permission? When you picture a barn on agricultural land, you are probably thinking of the large traditional red barn most commonly associated with a farm. Can I convert agricultural building to residential? (last accessed Jun. Land divisions in exclusive farm use zones, Where substantial evidence supported county commissioners' finding that proposed subdivision of parcel of agricultural land would promote more intensive farming and greater overall agricultural production than single parcel, state wide planning goal 3 did not require that agricultural lands be used for full-time farming where such farms were not economically viable and where smaller, part-time farms were consistent with existing agricultural enterprise in area. 0000037349 00000 n In 1973, only 12 uses were allowed in EFU zones. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. 0000008983 00000 n Approval of this type of dwelling typically requires evidence of earned farm income over the past several years. Polk County | 850 Main Street | Dallas, Oregon 97338. View photos, public assessor data, maps and county tax information. 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. To preserve agricultural use of agricultural land. HUn6}WQz0 ORS The building must be solely for the purpose of agriculture. Within an EFU zone no building, structure or premise shall be used, Oregon's statewide program requires counties to: Oregon's program emphasizes availability of land, free from conflicts, for use by commercial agriculture. You may login with either your assigned username or your e-mail address. Click on a question to reveal the answer. EFU zoning reflects the state's agricultural land use policies by seeking to preserve agricultural land for commercial farming and ranching. A. 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. Monday - Friday Can you change the use of agricultural land? 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. Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. %PDF-1.7 Yes. DLCD v. Douglas County, 28 Or LUBA 242 (1994). Through social Acreage residential zones are areas that are suitable for development of acreage homesites. To replace a dwelling that currently or previously existed. A vibrant local farm economy requires a critical mass of farmland. For relatives whose assistance is necessary for management of a commercial farming operation. Farming and ranching are important sectors of Oregon's agricultural industry, and are critical drivers of the state's economy. 0000003075 00000 n Likely, your Farm Special Assessment was disqualified. EFU zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. 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). 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. 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. Agriculture is one of the state's biggest industries. Original Source: Original Source: Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Evidence of earned farm income is typically required. Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. 0000030738 00000 n %%EOF 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 EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . #17Public Health. 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. 0000027601 00000 n 0000019932 00000 n 5225 0 obj <>stream PDF versions can be viewed using Adobe Acrobat Reader. 5178 0 obj <> endobj 0000003713 00000 n The legislature has recognized that EFU zoning limits the use of agricultural land. 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. 2 0 obj Jackson County, Oregon Chapter 5 Page i . Chapin v. Dept. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 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. 0000003487 00000 n The cities and counties then apply these state requirements through local comprehensive plans and land-use ordinances. Agriculture is linked economically to approximately 13 percent of all Oregon sales and 11 percent of the state's economy. ORS View more property details, sales history and Zestimate data on Zillow. Farm Zoned Land in Oregon Much of Oregon's land is zoned as EFU (Exclusive Farm Use). EFU is a zoning category, and rarely gets changed. %PDF-1.5 % 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. 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 Zoning Maps of Jackson County ("Official Zoning Maps"). In addition, Land within such zones shall be used exclusively for farm use except as otherwise provided in ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses . 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. Non-farm dwellings must be sited on soils that are generally unsuitable for agriculture. 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. Broccoli. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. (1/9/03) B. The Official Zoning Maps will be numbered, dated, and signed bythe Board of . Beets. In 2015, Oregon's agricultural sector produced $5.7 billion. 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. The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. It is virtually impossible to have a small-acreage off-grid farm in Oregon. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978), Where county board of commissioners approved subdivision but did not address policy ramifications of ORS 215.243, order approving subdivision was legally insufficient. Fitzwater v. Dept. Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. When too much residential development encroaches on farmland, a downward cycle of conversion can begin, in which farms experience conflicts with neighbors, such as trespass, littering, pets chasing livestock and complaints about spraying, manure application, hours of operation and other normal farming practices. It cannot be the first agricultural construction on the unit. we provide special support EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. A .gov website belongs to an official government organization in the UnitedStates. How Many International Airports Are In Oregon? 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. 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.