68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3141
House Bill 2016
Sponsored by Representative LEWIS; Representatives BAUM, CLARNO,
FISHER, HAYDEN, LUNDQUIST, OAKLEY, PARKS, QUTUB (at the request
of Deschutes County Farm Bureau, Jackson County Farm Bureau)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Expands criteria for dwellings and other uses allowed on
farmland and forestland. Exempts marginal lands counties from
high-value farmland designation.
A BILL FOR AN ACT
Relating to exclusive farm use land; creating new provisions; and
amending ORS 215.213 and 215.710.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this Act are added to and
made a part of ORS chapter 197. + }
SECTION 2. { + (1) In carrying out its duties the Land
Conservation and Development Commission shall not adopt rules or
goals for rural lands that:
(a) Establish a gross income standard for dwellings on
high-value farmland that is composed of Class I or II or prime
and unique soils or any combination of these soils that is
greater than $20,000 for two of the last three years or three of
the last five years, whichever is least restrictive.
(b) Establish a gross income standard for dwellings on
high-value farmland that is not described in paragraph (a) of
this subsection that is greater than $10,000 for two of the last
three years or three of the last five years, whichever is least
restrictive.
(c) Establish a gross income standard for dwellings on farmland
that is not classified as high value that is greater than $5,000
for two of the last three years or three of the last five years,
whichever is least restrictive.
(2) In carrying out its duties, the commission shall adopt
rules or goals for rural lands that:
(a) Establish an income capability test before a dwelling can
be constructed on high-value farmland that is composed of Class I
or II or prime and unique soils, or any combination of these
soils, that requires implementation of a farm management plan
that demonstrates income capability of greater than $20,000.
(b) Establish an income capability test before a dwelling can
be constructed on high-value farmland that is not described in
paragraph (a) of this subsection that requires implementation of
a farm management plan that demonstrates income capability of
greater than $10,000.
(c) Establish an income capability test before a dwelling can
be constructed on farmland that is not classified as high-value
farmland that requires implementation of a farm management plan
that demonstrates income capability of greater than $5,000.
(3) Except as set forth in subsections (1) and (2) of this
section, the Land Conservation and Development Commission shall
not adopt rules or goals that prohibit or limit uses on exclusive
farm use land that are allowed under ORS 215.283 or, if the
county has adopted marginal lands provisions, under ORS 215.213.
(4) For purposes of this section, 'high-value farmland' is that
land described in ORS 215.710. + }
SECTION 3. { + Any portion of a goal, rule, comprehensive
plan, land use regulation or ordinance not in conformance with
the provisions of section 2 and ORS 215.710 (7) of this 1995 Act
on the effective date of this 1995 Act:
(1) Shall not be implemented or enforced; and
(2) Has no legal effect. + }
SECTION 4. ORS 215.710 is amended to read:
215.710. (1) For purposes of ORS 215.705, high-value farmland
is land in a tract composed predominantly of soils that, at the
time the siting of a dwelling is approved for the tract, are:
(a) Irrigated and classified prime, unique, Class I or Class
II; or
(b) Not irrigated and classified prime, unique, Class I or
Class II.
(2) In addition to that land described in subsection (1) of
this section, for purposes of ORS 215.705, high-value farmland,
if outside the Willamette Valley, includes tracts growing
specified perennials as demonstrated by the most recent aerial
photography of the Agricultural Stabilization and Conservation
Service of the United States Department of Agriculture taken
prior to November 4, 1993. For purposes of this subsection,
'specified perennials ' means perennials grown for market or
research purposes including, but not limited to, nursery stock,
berries, fruits, nuts, Christmas trees or vineyards but not
including seed crops, hay, pasture or alfalfa.
(3) In addition to that land described in subsection (1) of
this section, for purposes of ORS 215.705, high-value farmland,
if in the Willamette Valley, includes tracts composed
predominantly of the following soils in Class III or IV or
composed predominantly of a combination of soils described in
subsection (1) of this section and the following soils:
(a) Subclassification IIIe, specifically, Bellpine, Bornstedt,
Burlington, Briedwell, Carlton, Cascade, Chehalem, Cornelius,
Cornelius Variant, Cornelius and Kinton, Helvetia, Hillsboro,
Hullt, Jory, Kinton, Latourell, Laurelwood, Melbourne, Multnomah,
Nekia, Powell, Price, Quatama, Salkum, Santiam, Saum, Sawtell,
Silverton, Veneta, Willakenzie, Woodburn and Yamhill;
(b) Subclassification IIIw, specifically, Concord, Conser,
Cornelius Variant, Dayton (thick surface) and Sifton
(occasionally flooded);
(c) Subclassification IVe, specifically, Bellpine Silty Clay
Loam, Carlton, Cornelius, Jory, Kinton, Latourell, Laurelwood,
Powell, Quatama, Springwater, Willakenzie and Yamhill; and
(d) Subclassification IVw, specifically, Awbrig, Bashaw,
Courtney, Dayton, Natroy, Noti and Whiteson.
(4) In addition to that land described in subsection (1) of
this section, for purposes of ORS 215.705, high-value farmland,
if west of the summit of the Coast Range and used in conjunction
with a dairy operation on January 1, 1993, includes tracts
composed predominantly of the following soils in Class III or IV
or composed predominately of a combination of soils described in
subsection (1) of this section and the following soils:
(a) Subclassification IIIe, specifically, Astoria, Hembre,
Knappa, Meda, Quillayutte and Winema;
(b) Subclassification IIIw, specifically, Brenner and Chitwood;
(c) Subclassification IVe, specifically, Astoria, Hembre, Meda,
Nehalan, Neskowin and Winema; and
(d) Subclassification IVw, specifically, Coquille.
(5) The soil class, soil rating or other soil designation of a
specific lot or parcel may be changed if the property owner
submits a statement of agreement from the Soil Conservation
Service of the United States Department of Agriculture that the
soil class, soil rating or other soil designation should be
adjusted based on new information.
(6) Soil classes, soil ratings or other soil designations used
in or made pursuant to this section are those of the Soil
Conservation Service in its most recent publication for that
class, rating or designation before November 4, 1993.
{ + (7) The provisions of this section or any other form of
high-value farmland designation do not apply to counties that
have adopted marginal lands provisions under ORS 197.247 (1991
Edition) before January 1, 1995. + }
SECTION 5. ORS 215.213 is amended to read:
215.213. (1) In counties that have adopted marginal lands
provisions under ORS 197.247 (1991 Edition), the following uses
may be established in any area zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, except
commercial facilities for the purpose of generating power for
public use by sale and transmission towers over 200 feet in
height.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of the
farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator
or the farm operator's spouse, whose assistance in the management
of the farm use is or will be required by the farm operator.
(f) Nonresidential buildings customarily provided in
conjunction with farm use.
(g) A dwelling customarily provided in conjunction with farm
use if the dwelling is on a lot or parcel that is managed as part
of a farm operation not smaller than the minimum lot size in a
farm zone with a minimum lot size acknowledged under ORS 197.251.
(h) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (1)(a) or (b).
(i) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (1)(a) or (b).
(j) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
(k) One manufactured dwelling in conjunction with an existing
dwelling as a temporary use for the term of a hardship suffered
by the existing resident or a relative of the resident.
(L) The breeding, kenneling and training of greyhounds for
racing in any county over 200,000 in population in which there is
located a greyhound racing track or in a county of over 200,000
in population contiguous to such a county.
(m) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(n) Reconstruction or modification of public roads and
highways, not including the addition of travel lanes, where no
removal or displacement of buildings would occur, or no new land
parcels result.
(o) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(p) Minor betterment of existing public road and highway
related facilities, such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(q) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
(r) Seasonal farm-worker housing as defined in ORS 197.675.
(s) Creation of, restoration of or enhancement of wetlands.
(t) A winery, as described in ORS 215.452.
(u) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months
of the completion of the replacement dwelling.
(v) Farm stands, if:
(A) The structures are designed and used for the sale of farm
crops and livestock grown on farms in the local agricultural
area, including the sale of retail incidental items, if the sales
of the incidental items make up no more than 25 percent of the
total sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of
farm crops and livestock and does not include structures for
banquets, public gatherings or public entertainment.
{ + (w) Armed forces reserve centers. + }
(2) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), the following uses may be
established in any area zoned for exclusive farm use subject to
ORS 215.296:
(a) A dwelling in conjunction with farm use or the propagation
or harvesting of a forest product on a lot or parcel that is
managed as part of a farm operation or woodlot if the farm
operation or woodlot:
(A) Consists of 20 or more acres; and
(B) Is not smaller than the average farm or woodlot in the
county producing at least $2,500 in annual gross income from the
crops, livestock or forest products to be raised on the farm
operation or woodlot.
(b) A dwelling in conjunction with farm use or the propagation
or harvesting of a forest product on a lot or parcel that is
managed as part of a farm operation or woodlot smaller than
required under paragraph (a) of this subsection, if the lot or
parcel:
(A) Has produced at least $20,000 in annual gross farm income
in two consecutive calendar years out of the three calendar years
before the year in which the application for the dwelling was
made or is planted in perennials capable of producing upon
harvest an average of at least $20,000 in annual gross farm
income; or
(B) Is a woodlot capable of producing an average over the
growth cycle of $20,000 in gross annual income.
(c) Commercial activities that are in conjunction with farm
use.
(d) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005, not
otherwise permitted under subsection (1)(h) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(e) Community centers owned and operated by a governmental
agency or a nonprofit community organization, hunting and fishing
preserves, parks, playgrounds and campgrounds.
(f) Golf courses.
(g) Commercial utility facilities for the purpose of generating
power for public use by sale.
(h) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities.
A personal-use airport as used in this section means an airstrip
restricted, except for aircraft emergencies, to use by the owner,
and, on an infrequent and occasional basis, by invited guests,
and by commercial aviation activities in connection with
agricultural operations. No aircraft may be based on a
personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted
under this definition may be granted through waiver action by the
Department of Transportation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable rules of
the Department of Transportation.
(i) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere
with accepted farming practices and is compatible with farm uses
described in ORS 215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These facilities are
intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means
the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(j) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit
has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(k) Dog kennels not described in subsection (1)(L) of this
section.
(L) Residential homes as defined in ORS 197.660, in existing
dwellings.
(m) The propagation, cultivation, maintenance and harvesting of
aquatic species.
(n) Home occupations as provided in ORS 215.448.
(o) Transmission towers over 200 feet in height.
(p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(q) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(r) Improvement of public road and highway related facilities
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
(s) A destination resort which is approved consistent with the
requirements of any statewide planning goal relating to the
siting of a destination resort.
(t) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(u)(A) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
the metropolitan urban growth boundary.
(B) As used in this paragraph:
(i) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(ii) 'Local historical society' means the local historical
society, recognized as such by the county governing body and
organized under ORS chapter 65.
(3) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), a single-family residential
dwelling not provided in conjunction with farm use may be
established on a lot or parcel with soils predominantly in
capability classes IV through VIII as determined by the
Agricultural Capability Classification System in use by the
United States Department of Agriculture Soil Conservation Service
on October 15, 1983. A proposed dwelling is subject to approval
of the governing body or its designate in any area zoned for
exclusive farm use upon written findings showing all of the
following:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use.
(b) The dwelling is situated upon generally unsuitable land for
the production of farm crops and livestock, considering the
terrain, adverse soil or land conditions, drainage and flooding,
location and size of the tract. A lot or parcel shall not be
considered unsuitable solely because of its size or location if
it can reasonably be put to farm use in conjunction with other
land.
(c) Complies with such other conditions as the governing body
or its designate considers necessary.
(4) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), one single-family dwelling, not
provided in conjunction with farm use, may be established in any
area zoned for exclusive farm use on a lot or parcel described in
subsection (7) of this section that is not larger than three
acres upon written findings showing:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use;
(b) If the lot or parcel is located within the Willamette
Greenway, a floodplain or a geological hazard area, the dwelling
complies with conditions imposed by local ordinances relating
specifically to the Willamette Greenway, floodplains or
geological hazard areas, whichever is applicable; and
(c) The dwelling complies with other conditions considered
necessary by the governing body or its designate.
(5) Upon receipt of an application for a permit under
subsection (4) of this section, the governing body shall notify:
(a) Owners of land that is within 250 feet of the lot or parcel
on which the dwelling will be established; and
(b) Persons who have requested notice of such applications and
who have paid a reasonable fee imposed by the county to cover the
cost of such notice.
(6) The notice required in subsection (5) of this section shall
specify that persons have 15 days following the date of postmark
of the notice to file a written objection on the grounds only
that the dwelling or activities associated with it would force a
significant change in or significantly increase the cost of
accepted farming practices on nearby lands devoted to farm use.
If no objection is received, the governing body or its designate
shall approve or disapprove the application. If an objection is
received, the governing body shall set the matter for hearing in
the manner prescribed in ORS 215.402 to 215.438. The governing
body may charge the reasonable costs of the notice required by
subsection (5)(a) of this section to the applicant for the permit
requested under subsection (4) of this section.
(7) Subsection (4) of this section applies to a lot or parcel
lawfully created between January 1, 1948, and July 1, 1983. For
the purposes of this section:
(a) Only one lot or parcel exists if:
(A) A lot or parcel described in this section is contiguous to
one or more lots or parcels described in this section; and
(B) On July 1, 1983, greater than possessory interests are held
in those contiguous lots, parcels or lots and parcels by the same
person, spouses or a single partnership or business entity,
separately or in tenancy in common.
(b) 'Contiguous' means lots, parcels or lots and parcels that
have a common boundary, including but not limited to, lots,
parcels or lots and parcels separated only by a public road.
(8) A person who sells or otherwise transfers real property in
an exclusive farm use zone may retain a life estate in a dwelling
on that property and in a tract of land under and around the
dwelling.
(9) No final approval of a nonfarm use under this section shall
be given unless any additional taxes imposed upon the change in
use have been paid.
(10) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designate, in areas zoned for exclusive
farm use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.
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