(last accessed Jun. Whether you are curious where you can grow marijuana or, on the flipside, about what . EXCLUSIVE FARM USE, EFU ZONE . For relatives whose assistance is necessary for management of a commercial farming operation. Oregon's EFU laws have encouraged development where it makes sense while controlling sprawling subdivisions from leapfrogging across our rural landscapes. What are you allowed to do with agricultural land? Today the list has grown to more than 60. (1/9/03) B. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. When used as a dwelling in a residential zone as an accessory dwelling, tiny houses on wheels are typically illegal in Oregon. Widespread development of houses and amenities that serve urban populations on farmland can result in increased conflicts with agricultural practices. Who qualifies for farm tax exemption in Oregon? Seasonal Oregon Produce Apples: August. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html (last accessed Jun. In 1973, only 12 uses were allowed in 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. What land qualifies for farm-use assessment? 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. entrepreneurship, were lowering the cost of legal services and The types of uses allowed often vary depending on the capability of soils for agricultural production. 26, 2021). For more than four decades, Oregon has maintained a strong policy to protect farmland. The report gives numbers and locations for newly approved land divisions, as well as for newly approved farm and non-farm dwellings. (last accessed Jun. What is EFU zoning in Jackson County Oregon? EFU is a zoning category, and rarely gets changed. 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. Section 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules, 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. For information about farm-use assessment on land not in an EFU zone, see of Comm. fice or your county assessor's office. Kenagy v. Benton County, 115 Or App 131, 838 P2d 1076 (1992), Sup Ct review denied, Uses permitted conditionally under this section and ORS 215.213 cannot be absolutely prohibited by ORS 215.243, rather, when possible, effect must be given to both statutory provisions. 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. Capsey v. Dept. K!t&E @0[Z!.($Ppp}XT6aGd#)z+ @ SIY5wzW] pmU3UIWC`CzgQSyc$~w'A BPx@o=BGV5gPZOm 6SFF1upq8@ A&e[ {$1Sc::xWXA&F 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 . If they farm less than 6.5 acres, they must earn $650 in grossnot netincome in three out of every five years. Agriculture is one of the state's biggest industries. A vibrant local farm economy requires a critical mass of farmland. Forestland Deferral You may download an Application for Designation of Land as Forestland. State rules prohibit new dwelling in EFU zones unless applicants can show compliance with certain standards. 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. How you know Agricultural use means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals. 1:00 p.m. - 5:00 p.m. 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. (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. 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. 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. Is Unsolicited Pictures Illegal In Oregon? Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. <> Everhart v. Dept. Just over 26 percentor 16.3 million acresof Oregon's land was in non-federal agricultural use in 2015. 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. 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon 17.136.030 Dwellings permitted subject to standards. Likely, your Farm Special Assessment was disqualified. 0000019932 00000 n The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. we provide special support Acreage residential zones are areas that are suitable for development of acreage homesites. 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. entrepreneurship, were lowering the cost of legal services and Yes. 0000015061 00000 n 0000030738 00000 n Join thousands of people who receive monthly site updates. May be sited on an existing or new parcel that is unsuitable for production of crops, livestock, or trees. 3 0 obj The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . 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. DLCD v. Douglas County, 28 Or LUBA 242 (1994). 0000007794 00000 n High-value farmland must be avoided to the extent practicable. 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. 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. We will always provide free access to the current law. A. Chapin v. Dept. of Revenue, 15 OTR 76 (1999), In determining whether land is suitable for "farm use," factors considered by local government may include net gain or receipts from farm or agricultural activities. sU$G`J.8gW. 850 Main Street entrepreneurship, were lowering the cost of legal services and increasing citizen access. 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. 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). 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. The capability of land for farming also plays a role in where urban development goes. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. ORS 0000001378 00000 n 0000030356 00000 n of Clackamas County, 48 Or App 951, 618 P2d 986 (1980), Since former version of this section provided that dwellings provided in conjunction with farm use were nonfarm uses, half-acre homesite on 111 acre tract zone Exclusive Farm Use was properly valued as homesite rather than farmland. The Official Zoning Maps will be numbered, dated, and signed bythe Board of . That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. 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 . 0000001116 00000 n https://oregon.public.law/statutes/ors_215.213. Shepherd v. Dept. You must have JavaScript enabled to use this form. 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. 17.136.020 PERMITTED USES. Those laws have protected farms, rural communities, and our state's $12 billion . 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. hTkGw;8c95&iOED"DahS/ZB(-AB[Huc?hPZhg&B3o `@`(X\MF!eF 9LnNp. of Comm. in an Exclusive Farm-Use Zone This information circular explains farm-use assess-ments on farmland in an exclusive farm-use (EFU) zone. EFU zoning also helps prevent establishment of uses that are not compatible with agriculture. This tax on harvest is known as the STF severance tax. To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. Oregon's EFU zoning provides for wise development while protecting our rural & farm land uses. What Do You Need To Fly From California To Oregon? (x) Containing growth inside urban growth boundaries reduces the pressure to convert farmland around cities to subdivisions, stores, and offices. 5178 0 obj <> endobj EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 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. It is located on high-value farmland, as defined in MCC 17.137.130 (D), and satisfies the following standards: a. 128 0 obj <> endobj xref 128 41 0000000016 00000 n Hilary FooteFarm/Forest Specialisthilary.foote@dlcd.oregon.govPhone: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. ORS 215.780(1)(b). To replace a dwelling that currently or previously existed. of Revenue, 14 OTR 169 (1997), aff'd 329 Or 414, 988 P2d 369 (1999), "Profit" is measured by direct expenditures and income from use of land and excludes consideration of indirect expenditures and profits. 0000013659 00000 n A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. 0Pi) o|7x5] ?Rtq\JD'XaAXVOeX2:Jb$A8N|8t K? Can I build a second house on my property Oregon? 0000005055 00000 n Do You Pay Sales Tax On A House In Oregon? 0000032442 00000 n 0000004665 00000 n It cannot exceed 500 square metres or 12 metres in height. %PDF-1.7 On a "lot of record" that has been in the same ownership since 1985. 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. for non-profit, educational, and government users. Kang v. Dept. 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. |o_K?X4 kzty.KHc C*g3B;;X.EsRhQ- jqwx _~y,Zz7{o-x7,_^fBV2.z,u`nj$@ 0000003075 00000 n As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. In Oregon, local governments codify these regulations in zoning ordinances or development codes. EFU (exclusive farm use)zoning limits development that could conflict with farm practices. Original Source: We will always provide free access to the current law. Broccoli. 0000035528 00000 n Hawaii is the top state for health care. 0000031124 00000 n It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. 3.4.2 EFU Statute/Ordinances - Land Divisions - Minimum Lot Sizes. #8Health Care Quality. 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. 0000012722 00000 n As a primary dwelling for the farm operator. Still v. Bd. In 2015, Oregon's agricultural sector produced $5.7 billion. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html Can houses be built on agricultural land? 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 ORS 26, 2021). of Revenue, 12 OTR 407 (1993), Winery is not farm use. Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. 0000007150 00000 n increasing citizen access. 0000010216 00000 n 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. In addition, 215.263 The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. The legislature has recognized that EFU zoning limits the use of agricultural land. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). Through social Original Source: The ORS 215.780(2) provisions that allow counties to adopt a minimum lot size smaller than would otherwise be 0000014673 00000 n 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. A. In addition,