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 3142

                         House Bill 3356

Sponsored by Representative LEWIS; Representatives BAUM, CLARNO,
  FISHER, PARKS, QUTUB


                             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.

  Exempts marginal lands counties from high-value farmland
designation.

                        A BILL FOR AN ACT
Relating to marginal lands regulation; creating new provisions;
  and amending ORS 215.710.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 2.  { + Any portion of a goal, rule, comprehensive
plan, land use regulation or ordinance not in conformance with
the provisions of ORS 215.710 (7) on the effective date of this
Act:
  (1) Shall not be implemented or enforced; and
  (2) Has no legal effect. + }
                         ----------