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. 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. Non-farm dwellings must be sited on soils that are generally unsuitable for agriculture. Your browser is out-of-date! As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. Chapin v. Dept. Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284, 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), Published notice is adequate if property owners can reasonably ascertain that property in which they hold interest may be affected. Menges v. Bd. Oregon's
Section 215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules, Farm Zoned Land in Oregon Much of Oregon's land is zoned as EFU (Exclusive Farm Use). (Zoning of E30, E40 etc.). Forestland Deferral You may download an Application for Designation of Land as Forestland. ft. home is a 4 bed, 2.0 bath property. 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. 0000019932 00000 n
If they farm less than 6.5 acres, they must earn $650 in grossnot netincome in three out of every five years. 0000014673 00000 n
(last accessed Jun. A. H\n08)RcCyTtxg3jooat.)sjCyXYnr?~5!u>ko!nz\>-6[ei6 U3ZBl/vNYU;|^W`H~Zm0.%=XVPC do'={Yg}5=jzc/Bg,A0K%d Y,Ap/s$/|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
<>
of Rev., 4 OTR 489 (1971), To qualify for assessment for farm use, owner must ultimately receive compensation, in some form, from farming or grazing operations conducted for money profit. 0
It cannot be the first agricultural construction on the unit. for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. 0000003599 00000 n
The building must be solely for the purpose of agriculture. for non-profit, educational, and government users. 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. Today the list has grown to more than 60. A. 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. The impact of EFU zoning may also be reflected in recent farm trends that show a healthy agricultural sector. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Containing growth inside urban growth boundaries reduces the pressure to convert farmland around cities to subdivisions, stores, and offices. In addition, We will always provide free access to the current law. Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. %PDF-1.7
Just over 26 percentor 16.3 million acresof Oregon's land was in non-federal agricultural use in 2015. of Revenue, 290 Or 931, 627 P2d 480 (1981), Where plaintiff rented pasture at price of $40 per month for grazing of horses owned by his daughter's girlfriends, many of whom used their horses in connection with their 4-H projects; there were never more than five or six horses on the property at any one time; and each of the renters was responsible for feeding and care of her own horse, individuals renting pasture were doing so for personal reasons and not for primary purpose of obtaining a profit within the meaning of this section and use of property did not meet definition of "farm use." This tax on harvest is known as the STF severance tax. Fitzwater v. Dept. We will always provide free access to the current law. Do You Pay Sales Tax On A House In Oregon? Location: increasing citizen access. An official website of the State of Oregon . Oregon is the top producer in the nation of thirteen crops including hazelnuts, fescue seed, and Christmas trees. 8:00 a.m. - 12:00 p.m. Capsey v. Dept. EFU zoning has changed over the years. What is EFU zoning in Jackson County Oregon? Join thousands of people who receive monthly site updates. ORS 0000027601 00000 n
Does Oregon have good healthcare? Section 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules, 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. MLS # 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. 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. Zoning Maps of Jackson County ("Official Zoning Maps"). 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. If you don't already have Acrobat installed on your system, you may download the Adobe Acrobat Reader, which acts as a "plug-in" for your web browser, for free. Dorvinen v. Crook County, 153 Or App 391, 957 P2d 180 (1998), Sup Ct review denied, 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. Still v. Bd. There are very strict rules on how this land can be used. What are you allowed to do with agricultural land? B.
Widespread development of houses and amenities that serve urban populations on farmland can result in increased conflicts with agricultural practices. Location: CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 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. Comprehensive plan policies must strive to minimize conversion of farmland to other uses. High-value farmland must be avoided to the extent practicable. 0000011672 00000 n
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. To preserve agricultural use of agricultural land. Click on a question to reveal the answer. 2 0 obj
for non-profit, educational, and government users. 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. 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. entrepreneurship, were lowering the cost of legal services and Counties are not expected, or allowed, to plan for expected growth to occur outside urban growth boundaries. 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. There are two international airports in Oregon. Documents are provided in Portable Document Format (.pdf). Polk County | 850 Main Street | Dallas, Oregon 97338. 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. It is located on high-value farmland, as defined in MCC 17.137.130 (D), and satisfies the following standards: a. 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. 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. sY31'P9P! 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. In addition, Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. The purpose and intent of the acreage residential zone is to provide appropriate regulations governing the division and development of lands designated rural residential in the Marion County Comprehensive Plan. 0000007794 00000 n
A. %PDF-1.5
%
Farming and ranching are important sectors of Oregon's agricultural industry, and are critical drivers of the state's economy. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. EFU zoning reflects the state's agricultural land use policies by seeking to preserve agricultural land for commercial farming and ranching. https://oregon.public.law/statutes/ors_215.203. EFU zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. In addition,
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
. 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. EFU zoning also helps prevent establishment of uses that are not compatible with agriculture. These areas are generally well suited for large-scale farming. 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. 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. Off-grid living is legal in Oregon. (1/9/03) B. 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. Home; Disclaimer; Sitemap; Staff Login; Staff Login X. Username or e-mail * You may login with either . EFU is a zoning category, and rarely gets changed. However, you may need to register with the Secretary of State if you use an assumed name for your business. What are the primary components of Exclusive Farm Use (EFU) zoning? Drug, Alcohol, Problem Gambling, and Suicide Prevention, Land Records Search/Digital Research Room, GIS Download and Assessment & Taxation Data, Subdivisions, Partitions & Property Line Adjustments, Development Standards Lot Area, Yards, Height Restrictions and Access, Wineries, Cider Businesses, & Farm Breweries, Acreage Residential: Five Acre Zoning District, Acreage Residential: Ten Acre Zoning District, Agriculture and Forestry: Ten Acre Zoning District, Grand Ronde: Low Density Residential Zone, Single Family Residential Zoning District, Limited Multi-Family Residential Zoning District, High Rise Apartment Residential Zoning District, Unincorporated Community Commercial Office Zoning District, Unincorporated Community Commercial Retail Zoning District, Unincorporated Community Commercial General Zoning District, Northwest Polk Community Commercial Zoning District, Unincorporated Community Industrial Commercial Zoning District, Eola UnincorporatedCommunity Commercial Zoning District, Rickreall Unincorporated Community Commercial Zoning District, Eola Unincorporated Community Industrial Commercial Zoning District, Rickreall Unincorporated Community Industrial Commercial Zoning District, Eola Unincorporated Community Industrial Zoning District, Rickreall Unincorporated Community Industrial Zoning District, Unincorporated Community Industrial Park Zoning District, Unincorporated Community Light Industrial Zoning District, Unincorporated Community Heavy Industrial Zoning District, Restaurants/Mobile Units/Temporary Restaurants and Outdoor Mass Gathering Events, Plan Amendment (PA) 18-01 and Zone Change (ZC) 18-02. It cannot exceed 500 square metres or 12 metres in height. 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 . Resource Documents Contacts Hilary Foote Farm/Forest Specialist hilary.foote@dlcd.oregon.gov Phone: 503-881-9249 DLCD Regional Representatives Regional Representatives by Region 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. Location: 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. Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. 3 0 obj
0000013659 00000 n
Chapin v. Dept. The minimum parcel size The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested. EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . 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. SECTION 3.010. 26, 2021). v7b[hZ8lR%"c
g9;%>|}Ykb6{ATi_VkA,f=4LL]6~^w]Pe<4.~eY>_osTf"QE%z P=m&^r}ZI9o9xu}@#eSQqu. 0000030738 00000 n
endobj
Agriculture is one of the state's biggest industries. Land in an EFU zones is eligible for lower property taxes when the land is farmed. Section 215.263 Land divisions in exclusive farm use zones; criteria for approval; rules, a case by case review to determine whether the proposed dwelling will have adverse impacts. 0000035528 00000 n
endobj
0000002564 00000 n
To protect agricultural lands from conflicting uses, high taxation and the cost of public facilities unnecessary for agriculture. Agriculture is linked economically to approximately 13 percent of all Oregon sales and 11 percent of the state's economy. increasing citizen access. In addition, (last accessed Jun. The maximum stay for hiker/biker sites is 3 consecutive days in, two international airports. Benton v. Dept. EFU is a zoning category, and rarely gets changed. For more than four decades, Oregon has maintained a strong policy to protect farmland. Evidence of earned farm income is typically required. 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. 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. 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. 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. 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. Linfoot v. Dept. 17.136.030 Dwellings permitted subject to standards. Purpose. Do I need to register with the state of Oregon to be a farmer? When you picture a barn on agricultural land, you are probably thinking of the large traditional red barn most commonly associated with a farm. 0000005055 00000 n
The report gives numbers and locations for newly approved land divisions, as well as for newly approved farm and non-farm dwellings. Land with soils capable of agricultural production are considered "agricultural land" and are protected under Goal 3 and exclusive farm use (EFU) zoning. 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. 0000016136 00000 n
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. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." You must have JavaScript enabled to use this form. 0000003487 00000 n
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. A lock icon ( ) or https:// means youve safely connected to the .gov website. Beets. Chapin 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. 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. https://oregon.public.law/statutes/ors_215.263. Dallas, OR 97338Google Map, Ph. 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. Barns. Join thousands of people who receive monthly site updates. 0000006216 00000 n
https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 0000001554 00000 n
King Estate Winery, Inc. v. Dept. Yes. K!t&E
@0[Z!.($Ppp}XT6aGd#)z+ @ SIY5wzW] pmU3UIWC`CzgQSyc$~w'A BPx@o=BGV5gPZOm 6SFF1upq8@ A&e[
{$1Sc::xWXA&F 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. 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. of Rev., 12 OTR 48 (1991), Uses permitted conditionally under this section and ORS 215.283 cannot be absolutely prohibited by ORS 215.243, rather, when possible, effect must be given to both statutory provisions. The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. 0000007150 00000 n
for non-profit, educational, and government users. entrepreneurship, were lowering the cost of legal services and 0000031124 00000 n
The Official Zoning Maps will be numbered, dated, and signed bythe Board of . <>
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. 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.