Clackamas County Zoning and Development Ordinance Oregon is the top producer in the nation of thirteen crops including hazelnuts, fescue seed, and Christmas trees. 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. Zoning Maps of Jackson County ("Official Zoning Maps"). Original Source:
PDF Exclusive Farm Use Zone (Efu-rcp) Rural Comprehensive Plan View information about 13161 Wilco Hwy Ne, Woodburn, OR 97071. Location: https://oregon.public.law/statutes/ors_215.283. 10 Farm Structures That Can Be Built on Agricultural Land. The STF Program allows family forestland owners to delay paying part of their annual property taxes until the timber is harvested.
Department of Land Conservation and Development - Oregon 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. hbbbf`b``3y 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. increasing citizen access. entrepreneurship, were lowering the cost of legal services and Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. EFU zoning has changed over the years. 5184 0 obj
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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. The state legislature adopted the policy in 1973. exclusive farm useThe purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. 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. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Forestland Deferral You may download an Application for Designation of Land as Forestland. How you know
Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. of Comm. Statewide Planning Goal 3 defines agricultural land using soil types and other factors. of Revenue, 12 OTR 407 (1993), Winery is not farm use. Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). Section 215.263 Land divisions in exclusive farm use zones; criteria for approval; rules, 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. Land Conservation and Development Commission (LCDC) sets standards and criteria for protecting farmland. 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. That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. Agricultural use means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals.
Zone Codes, Comprehensive Plan & Other Regulations - Marion County, Oregon 0000019932 00000 n
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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 EFU is a zoning category, and rarely gets changed. (1/9/03) 215.213 The types of uses allowed often vary depending on the capability of soils for agricultural production. However, you may need to register with the Secretary of State if you use an assumed name for your business. Brussel Sprouts. However, Oregon does have very strict zoning laws which may make it difficult to build or do certain things on your property. Corn. 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. What are Top 10 Highest Paying Cities for Hourly Rate, #32Health Care Access. a case by case review to determine whether the proposed dwelling will have adverse impacts. Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. (excluding holidays), Polk County | 850 Main Street | Dallas, Oregon 97338. Through social Are new dwellings allowed in Exclusive Farm Use (EFU) zones? <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>>
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The EFU zone is intended to be a farm zone consistent with OAR 660 Division 033 and ORS 215.283. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning ( EFU or NON-EFU) for "What Land Qualifies.". It cannot be the first agricultural construction on the unit.
Marijuana in Oregon: Land Use and Zoning Considerations for - Nolo ft. home is a 4 bed, 2.0 bath property. 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. 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. 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). Section 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules, There are very strict rules on how this land can be used. Only share sensitive information on official, secure websites.
PDF 3.4.2 EFU Statute/Ordinances Land Divisions - Oregon 26, 2021). ORS (x) For relatives whose assistance is necessary for management of a commercial farming operation. Land in an EFU zones is eligible for lower property taxes when the land is farmed. HUn6}WQz0
13161 Wilco Hwy Ne, Woodburn, OR 97071 - Property Record | LoopNet 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 to identify a Oregon.gov website)
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.
Hooper v. Clackamas County, 87 Or App 167, 741 P2d 921 (1987), Sup Ct review denied, Defendant's kennel operations did not become nonconforming use until county enacted ordinance to prohibit kennel operations in agricultural zone, and were permitted under earlier zoning ordinances because they come within definition of farm use. Linfoot v. Dept.
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Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. Resource Documents Contacts Hilary Foote Farm/Forest Specialist hilary.foote@dlcd.oregon.gov Phone: 503-881-9249 DLCD Regional Representatives Regional Representatives by Region Nichols v. Clackamas County, 146 Or App 25, 932 P2d 1185 (1997), Sup Ct review denied, Administrative rules governing high-value farmland are not subordinate to statutes governing permissive uses for exclusive farm use zones in nonmarginal land counties. 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. Through social Can I put a tiny home on my property in Oregon? In addition, Comprehensive plan policies must strive to minimize conversion of farmland to other uses. 0000013659 00000 n
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.
Polk County Zoning Ordinance | Polk County Oregon Official Website McCaw Communications, Inc. v. Marion County, 96 Or App 552, 773 P2d 779 (1989), Defendant's kennel operations did not become nonconforming use until county enacted ordinance to prohibit kennel operations in agricultural zone, and were permitted under earlier zoning ordinances because they come within definition of farm use. Refer to the Oregon Department of Revenue Farm Assessment flyer for your propertys zoning (EFU or NON-EFU) for What Land Qualifies. For NON-EFU zoning, be sure to read the Gross Income Requirements as well. Find properties near 13161 Wilco Hwy Ne. Is Unsolicited Pictures Illegal In Oregon? 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. 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. We will always provide free access to the current law. No, there is no registration or license to be a farmer. 0000003599 00000 n
Who qualifies for farm tax exemption in Oregon?
View 22291 Boones Ferry Rd NE, Aurora, OR 97002 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic tax assessments, legal, parcel & structure description, land use, zoning & more. 0000031124 00000 n
The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture.
401 Exclusive Farm Use District (Efu) (7/1/04) 401.01 Purpose 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. endobj
The capability of land for farming also plays a role in where urban development goes.
PDF Assessment of Farmland Not in an Exclusive Farm-Use Zone - Oregon How Long Can You Stay At An Oregon State Park? Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993, Single-family residence could not, as matter of law, be permitted on five-acre parcel zoned for farm use where subject property was presently in agricultural use, generally suitable for such use, and surrounded by operating farms. we provide special support EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. The main tool for carrying out that policy is the statewide planning program. 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. entrepreneurship, were lowering the cost of legal services and . The comparison to other parts of the country is now stark, especially at the edges of urban areas, where in most states low-density residential development continues to leap-frog across the landscape, forcing the premature conversion of farms to other uses. entrepreneurship, were lowering the cost of legal services and sU$G`J.8gW. Original Source: 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 =
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Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." 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).
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A complete list of uses allowed is provided in OAR 660-033-0120. in an Exclusive Farm-Use Zone This information circular explains farm-use assess-ments on farmland in an exclusive farm-use (EFU) zone. 0000001554 00000 n
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. 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. 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. Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. 0000031845 00000 n
Hilary FooteFarm/Forest Specialisthilary.foote@dlcd.oregon.govPhone: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. 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. Beets. 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 Likely, your Farm Special Assessment was disqualified. High-value farmland must be avoided to the extent practicable. 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. we provide special support 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 . Can you change the use of agricultural land? The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. 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. 215.263 EFU zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. Clark v. Jackson County, 313 Or 508, 836 P2d 710 (1992), Processing of aggregate that does not include final processing into asphalt or portland cement cannot qualify under provision permitting processing of other mineral resources and subsurface resources. Land with soils capable of agricultural production are considered "agricultural land" and are protected under Goal 3 and exclusive farm use (EFU) zoning. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 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. endstream
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Zoning also retains farmland in large blocks by prohibiting subdivision into parcels too small for commercial farming. EXCLUSIVE FARM USE, EFU ZONE . ORS 215.780(1)(b). State rules prohibit new dwelling in EFU zones unless applicants can show compliance with certain standards. !aSVQ{\ mP| q!-}.ac Section 215.203 Zoning ordinances establishing exclusive farm use zones; definitions, In addition, 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. 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.
EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. for non-profit, educational, and government users. 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. https://oregon.public.law/statutes/ors_215.203. 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. 14107 Butteville Rd NE , Gervais, OR 97026-9747 is a single-family home listed for-sale at $3,000,000. Do You Pay Sales Tax On A House In Oregon? Some of the restrictions include: Parcel size: To prevent over-development, there are parcel size minimums of 20 to 160 acres. Through social increasing citizen access. Oregon's EFU zoning provides for wise development while protecting our rural & farm land uses. 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. 0000007150 00000 n
Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. It is located on high-value farmland, as defined in MCC 17.137.130 (D), and satisfies the following standards: a.