68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
Senate Bill 946
Sponsored by COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND
ENVIRONMENT (at the request of Horse Council of Oregon)
CHAPTER ................
AN ACT
Relating to equine activities in exclusive farm use zones;
amending ORS 30.687 and 215.203.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 215.203 is amended to read:
215.203. (1) Zoning ordinances may be adopted to zone
designated areas of land within the county as exclusive farm use
zones. Land within such zones shall be used exclusively for farm
use except as otherwise provided in ORS 215.213, 215.283 or
215.284. Farm use zones shall be established only when such
zoning is consistent with the comprehensive plan.
(2)(a) As used in this section, 'farm use' means the current
employment of land for the primary purpose of obtaining a profit
in money by raising, harvesting and selling crops or the feeding,
breeding, management and sale of, or the produce of, livestock,
poultry, fur-bearing animals or honeybees or for dairying and the
sale of dairy products or any other agricultural or horticultural
use or animal husbandry or any combination thereof. 'Farm use'
includes the preparation and storage of the products raised on
such land for human use and animal use and disposal by marketing
or otherwise. 'Farm use' also includes the current employment of
land for the primary purpose of obtaining a profit in money by
stabling or training equines { + including but not limited to
providing riding lessons, training clinics and schooling
shows + }. 'Farm use' also includes the propagation, cultivation,
maintenance and harvesting of aquatic species. It does not
include the use of land subject to the provisions of ORS chapter
321, except land used exclusively for growing cultured Christmas
trees as defined in subsection (3) of this section or land
described in ORS 321.267 (1)(e) or 321.415 (5).
(b) 'Current employment' of land for farm use includes:
(A) Farmland, the operation or use of which is subject to any
farm-related government program;
(B) Land lying fallow for one year as a normal and regular
requirement of good agricultural husbandry;
(C) Land planted in orchards or other perennials, other than
land specified in subparagraph (D) of this paragraph, prior to
maturity;
(D) Land not in an exclusive farm use zone which has not been
eligible for assessment at special farm use value in the year
prior to planting the current crop and has been planted in
orchards, cultured Christmas trees or vineyards for at least
three years;
(E) Wasteland, in an exclusive farm use zone, dry or covered
with water, neither economically tillable nor grazeable, lying in
or adjacent to and in common ownership with a farm use land and
which is not currently being used for any economic farm use;
(F) Land under buildings supporting accepted farm practices;
(G) Water impoundments lying in or adjacent to and in common
ownership with farm use land;
(H) Any land constituting a woodlot, not to exceed 20 acres,
contiguous to and owned by the owner of land specially valued for
farm use even if the land constituting the woodlot is not
utilized in conjunction with farm use;
(I) Land lying idle for no more than one year where the absence
of farming activity is due to the illness of the farmer or member
of the farmer's immediate family. For purposes of this paragraph,
illness includes injury or infirmity whether or not such illness
results in death;
(J) Any land described under ORS 321.267 (1)(e) or 321.415 (5);
and
(K) Any land in an exclusive farm use zone used for the storage
of agricultural products that would otherwise be disposed of
through open field burning or propane flaming.
(c) As used in this subsection, 'accepted farming practice '
means a mode of operation that is common to farms of a similar
nature, necessary for the operation of such farms to obtain a
profit in money, and customarily utilized in conjunction with
farm use.
(3) 'Cultured Christmas trees' means trees:
(a) Grown on lands used exclusively for that purpose, capable
of preparation by intensive cultivation methods such as plowing
or turning over the soil;
(b) Of a species for which the Department of Revenue requires a
'Report of Christmas Trees Harvested' for purposes of ad valorem
taxation;
(c) Managed to produce trees meeting U.S. No. 2 or better
standards for Christmas trees as specified by the Agriculture
Marketing Services of the United States Department of
Agriculture; and
(d) Evidencing periodic maintenance practices of shearing for
Douglas fir and pine species, weed and brush control and one or
more of the following practices: Basal pruning, fertilizing,
insect and disease control, stump culture, soil cultivation,
irrigation.
SECTION 2. ORS 30.687 is amended to read:
30.687. For the purposes of ORS 30.687 to 30.697:
(1) 'Equine' means a horse, pony, mule, donkey or hinny.
(2) 'Equine activity' means:
(a) Equine shows, fairs, competitions, performances or parades
that involve any or all breeds of equines and any of the equine
disciplines including, but not limited to, dressage, hunter and
jumper horse shows, grand prix jumping, three-day events,
combined training, rodeos, driving, pulling, cutting, polo,
steeplechasing, endurance trail riding and western games and
hunting;
(b) Equine training, grooming { + , breeding + } and teaching
activities;
(c) Boarding equines;
(d) Riding, inspecting or evaluating an equine belonging to
another whether or not the owner has received some monetary
consideration or other thing of value for the use of the equine
or is permitting a prospective purchaser of the equine to ride,
inspect or evaluate the equine; and
Enrolled Senate Bill 946 Page 2
(e) Rides, trips, hunts or other equine activities of any type
however informal or impromptu that are sponsored by an equine
activity sponsor.
(3) 'Equine activity sponsor' means an individual, group or
club, partnership or corporation, whether or not the sponsor is
operating for profit or nonprofit, that sponsors, organizes or
provides the facilities for an equine activity, including but not
limited to pony clubs, 4-H clubs, hunt clubs, riding clubs,
school and college sponsored classes and programs, therapeutic
riding programs and operators, instructors, and promoters of
equine facilities, including but not limited to stables,
clubhouses, pony ride strings, fairs and arenas at which the
activity is held.
(4) 'Equine professional' means a person engaged for
compensation:
(a) In instructing a participant or renting to a participant an
equine for the purpose of riding, training, driving, grooming or
being a passenger upon the equine; or
(b) In renting equipment or tack to a participant.
(5) 'Participant' means any person, whether amateur or
professional, who directly engages in an equine activity, whether
or not a fee is paid to participate in the equine activity. '
Participant' does not include a spectator at an equine activity
or a person who participates in the equine activity but does not
ride, train, drive, groom or ride as a passenger upon an equine.
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Passed by Senate March 31, 1995
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 16, 1995
...........................................................
Speaker of House
Enrolled Senate Bill 946 Page 3
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled Senate Bill 946 Page 4