efu zoning marion county oregon

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. 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., 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. Miles v. Bd. 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. Can you change the use of agricultural land? How Long Can You Stay At An Oregon State Park? Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), Commercial activity is operated conjunction with farm use if commercial activity reinforces profitability of farm operations and strengthens likelihood that farm use will continue. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). 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. Do I need to register with the state of Oregon to be a farmer? We will always provide free access to the current law. A lock icon ( ) or https:// means youve safely connected to the .gov website. No, there is no registration or license to be a farmer. :#dBvX-hH'I+=14K4WeasOa j6}OW:7;Ix2k'7&2t}IFn[UzeNn+]++zhWrCrLWxPOhfw@FN$hz(`pP8b_;50*!^lS |,G'``bI(/E*O:DP3\ED1RZ0aB>ALD6m48V{~G=.mA@X"BO@2A5P0Y76%@ZdaV2dTt! Marquam Farms Corp. v. Multnomah County, 147 Or App 368, 936 P2d 990 (1997), Buildings established for listed permitted uses are subject to restrictions and requirements of general application. |o_K?X4 kzty.KHc C*g3B;;X.EsRhQ- jqwx _~y,Zz7{o-x7,_^fBV2.z,u`nj$@ sY31'P9P! Counties apply EFU zoning to agricultural lands protected under Statewide Planning Goal 3. Section 215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules, The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. for non-profit, educational, and government users. Human traffic, as well as housing and commercial developments, are making the fireflies, Oregon does not recognize concealed carry permits from other states but will issue an Oregon concealed carry permit to residents of surrounding states, including Idaho., (AP) Texting sexually explicit images of another person without their consent will be illegal under an Oregon measure on its way to the governor., Asparagus. King Estate Winery, Inc. v. Dept. To preserve agricultural use of agricultural land. 17.136.020 Permitted uses. Purpose. The main tool for carrying out that policy is the statewide planning program. of Revenue, 290 Or 931, 627 P2d 480 (1981), Under this section, county decision to issue building permit for construction of transmission tower more than 200 feet high on land designated for exclusive farm use was land use decision and appeal from issuance of permit was within exclusive jurisdiction of LUBA. (d) Operations conducted for: (A) fice or your county assessor's office. The report gives numbers and locations for newly approved land divisions, as well as for newly approved farm and non-farm dwellings. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. SECTION 3.010. That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. 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. Are new dwellings allowed in Exclusive Farm Use (EFU) zones? 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: . 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). Learn The types of uses allowed often vary depending on the capability of soils for agricultural production. stream 0000010216 00000 n The impact of EFU zoning may also be reflected in recent farm trends that show a healthy agricultural sector. 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. Cauliflower. Kang v. Dept. EFU (exclusive farm use)zoning limits development that could conflict with farm practices. Benton v. Dept. 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. Seasonal Oregon Produce Apples: August. 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. 1 0 obj 850 Main Street It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. Widespread development of houses and amenities that serve urban populations on farmland can result in increased conflicts with agricultural practices. 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. 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. 0000032125 00000 n 2 0 obj Click on a question to reveal the answer. Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). https://oregon.public.law/statutes/ors_215.213. 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 1:00 p.m. - 5:00 p.m. 26, 2021). Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Where proposed use of property was to rent out lawn for hosting different events including weddings, wedding receptions and family reunions, sole purpose of use was not to maintain tract of land for natural enjoyment and outdoor recreational use for particular group or class of persons but primarily for commercial events, therefore use was outside scope of "private park" as used in this section. The EFU zone is intended to be a farm zone consistent with OAR 660 Division 033 and ORS 215.283. (last accessed Jun. for non-profit, educational, and government users. You may login with either your assigned username or your e-mail address. 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. Through social 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. As an accessory dwelling for a relative of the farm operator. There are two international airports in Oregon. 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. Guido v. Dept. 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. Containing growth inside urban growth boundaries reduces the pressure to convert farmland around cities to subdivisions, stores, and offices. EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . 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. 0000008983 00000 n We will always provide free access to the current law. On a "lot of record" that has been in the same ownership since 1985. hbbbf`b``3y Comprehensive plan policies must strive to minimize conversion of farmland to other uses. Within an EFU zone no building, structure or premise shall be used, Zoning also retains farmland in large blocks by prohibiting subdivision into parcels too small for commercial farming. Menges v. Bd. 26, 2021). 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. Through social B. increasing citizen access. Corn. . Agricultural practices like pesticide spraying, manure management, and movement of farm machinery, while critical for maintaining farm operations, are not pleasant to live with as a residential neighbor. hb```b`` Xmd$6OI H@xy:oPia)OACe?,4}W&ZkXgGKw3]uH1;fH3@ OJ+ endstream endobj 167 0 obj <>/Filter/FlateDecode/Index[8 120]/Length 27/Size 128/Type/XRef/W[1 1 1]>>stream Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978); 1000 Friends v. Benton County, 32 Or App 413, 575 P2d 651 (1978), Although plaintiff's attempt to control tansy ragwort could have restored subject property to profitable future activity, such use of property did not constitute "farm use" within the meaning of this section because the land was not currently being used to obtain profits. It cannot be the first agricultural construction on the unit. Lane County v. LCDC, 325 Or 569, 942 P2d 278 (1997), Buildings established for listed permitted uses are subject to restrictions and requirements of general application. Just over 26 percentor 16.3 million acresof Oregon's land was in non-federal agricultural use in 2015. 215.263 Oregon's EFU zoning provides for wise development while protecting our rural & farm land uses. Approval of this type of dwelling typically requires evidence of earned farm income over the past several years. 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. endstream endobj startxref Likely, your Farm Special Assessment was disqualified. 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. %%EOF Beets. Capsey v. Dept. Farming and ranching are important sectors of Oregon's agricultural industry, and are critical drivers of the state's economy. Section 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules, 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. 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. This is accomplished by establishing large minimum lot sizes typically 80 acres on farmland and 160 acres on ranchland. 3.4.2 EFU Statute/Ordinances - Land Divisions - Minimum Lot Sizes. 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. 215.283 Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), Promotional and fee-based activities that take place outside farm stand structure are permitted in area zoned for exclusive farm use and include outdoor farm-to-plate dinners. Zoning ordinances establishing exclusive farm use zones, 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), 215.284 (Dwelling not in conjunction with farm use), ORS 321.267 (Lands not eligible for special assessment), 321.824 (Lands not eligible for special assessment), ORS 215.255 (Farm product processing facility), ORS 315.141 (Biomass production or collection). 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. An official website of the State of Oregon . EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 0000013659 00000 n In addition, Can You Build A House On Efu Zoned Land In Oregon? Join thousands of people who receive monthly site updates. Chapin v. Dept. 0000030356 00000 n 17.136.020 PERMITTED USES. (last accessed Jun. 0000008352 00000 n (last accessed Jun. The purpose of the Exclusive Farm Use Zone is to preserve, protect and maintain . All 36 counties in Oregon have implemented EFU zoning. EFU is a zoning category, and rarely gets changed. 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. What is EFU zoning in Jackson County Oregon? Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." Still v. Bd. Off-grid living is legal in Oregon. Local governments adopt and implement these time, place, and manner controls mostly through land use regulations. The state's agriculture is also one of the most diverse in the nation with over 225 different types of crops and livestock. A complete list of uses allowed is provided in OAR 660-033-0120. trailer <<23C30493FFAD4427AC6C96164321DEE2>]/Prev 48811/XRefStm 1378>> startxref 0 %%EOF 168 0 obj <>stream It has known security flaws and may not display all features of this and other websites. Original Source: What is EFU zoning in Jackson County Oregon? When conflicts become disruptive, farmers stop making investments in their operations and may seek to divide and sell their land for development or use it for other purposes. In addition, 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. Whether you are curious where you can grow marijuana or, on the flipside, about what . https://oregon.public.law/statutes/ors_215.263. 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. The maximum time allowed within any campground is 14 nights within any 17-night period. Statewide Planning Goal 3 defines agricultural land using soil types and other factors. <> 0000037349 00000 n 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 0000001116 00000 n Do You Pay Sales Tax On A House In Oregon? (1/9/03) What Do You Need To Fly From California To Oregon? 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. entrepreneurship, were lowering the cost of legal services and Monday - Friday To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. https://oregon.public.law/statutes/ors_215.283. 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. What is the International Airport in Oregon? . Join thousands of people who receive monthly site updates. Land in an EFU zones is eligible for lower property taxes when the land is farmed. It cannot exceed 500 square metres or 12 metres in height. 26, 2021). 0000007794 00000 n Likely, your Farm Special Assessment was disqualified. 0000003713 00000 n 0000001554 00000 n 0Pi) o|7x5] ?Rtq\JD'XaAXVOeX2:Jb$A8N|8t K? EFU zoning also helps prevent establishment of uses that are not compatible with agriculture. 4 0 obj EFU zoning reflects the state's agricultural land use policies by seeking to preserve agricultural land for commercial farming and ranching. Shepherd v. Dept. a case by case review to determine whether the proposed dwelling will have adverse impacts. The building must be solely for the purpose of agriculture. What are the primary components of Exclusive Farm Use (EFU) zoning? 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). for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. 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. 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. Oregon Relay TTY or Voice: 711, Office Hours This tax on harvest is known as the STF severance tax. Gilmour v. Linn County, 279 Or App 584, 379 P3d 833 (2016), Ritch v. Dept. Location: Existing zoning, tax, and right-to-farm policies encourage continued farm use, but new challenges continue to appear and growth pressures will likely continue in many parts of the state. Wetherell v. Douglas County, 342 Or 666, 160 P3d 614 (2007), Where respondent landowner grows, cuts, bales and compresses straw on property, zoned for exclusive farm use, then ships straw to market, respondent engages in "preparation" of straw and respondent's use of property is "farm use." 0000035861 00000 n 0000030738 00000 n Salaries above this are outliers. 5.2.1 Exclusive Farm Use (EFU) This district is intended to conserve agricultural land, and implements the Oregon If they farm less than 6.5 acres, they must earn $650 in grossnot netincome in three out of every five years. EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed.

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