A vibrant local farm economy requires a critical mass of farmland. The ORS 215.780(2) provisions that allow counties to adopt a minimum lot size smaller than would otherwise be EFU is a zoning category, and rarely gets changed. entrepreneurship, were lowering the cost of legal services and EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. 0000032125 00000 n This can include multi-unit farm worker housing. 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. 4 0 obj Cherry Lane, Inc. v. Board of County Comm., 84 Or App 196, 733 P2d 488 (1987), Sup Ct review denied, Minimum parcel size requirements of ORS 215.780 are applicable to exclusive farm use lot division made for purpose of allowing nonfarm dwelling. The minimum parcel size We will always provide free access to the current law. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. Through social Hawaii is the top state for health care. 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. 17.136.020 PERMITTED USES. 17.136.020 Permitted uses. It cannot be more than 75 metres from the nearest part of a group of principal farm buildings. 0000011672 00000 n Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Where proposed use of property was to rent out lawn for hosting different events including weddings, wedding receptions and family reunions, sole purpose of use was not to maintain tract of land for natural enjoyment and outdoor recreational use for particular group or class of persons but primarily for commercial events, therefore use was outside scope of "private park" as used in this section. we provide special support 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. Farming and ranching are important sectors of Oregon's agricultural industry, and are critical drivers of the state's economy. The primary intent of these regulations is to conserve farm and forest lands for the production of crops, livestock, and timber products. 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. 0000032442 00000 n Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978), Where county board of commissioners approved subdivision but did not address policy ramifications of ORS 215.243, order approving subdivision was legally insufficient. 0000016136 00000 n of Rev., 4 OTR 206 (1970), rev'd 261 Or 78, 493 P2d 38 (1972), Authority of state over use of land along Willamette River under Greenway Law, (1975) Vol 37, p 515; propriety of establishing aircraft landing field in "farm use zone," (1975) Vol 37, p 547; effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284, 9 WLJ 1-25 (1973); 53 OLR 120, 127 (1974); 19 EL 63 (1988), 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. Wright v. KECH-TV, 300 Or 139, 707 P2d 1232 (1985), Provision in county ordinance permitting "utility facilities necessary for public service" in agricultural zones means it must be necessary to place facility in zone. fice or your county assessor's office. PDF Exclusive Farm Use Zone (Efu-rcp) Rural Comprehensive Plan Oregon's agricultural lands protection program has reduced many of these problems relative to other parts of the country, but the threats still exist. 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May be sited on an existing or new parcel that is unsuitable for production of crops, livestock, or trees. Some of the restrictions include: Parcel size: To prevent over-development, there are parcel size minimums of 20 to 160 acres. The Official Zoning Maps will be numbered, dated, and signed bythe Board of . Home; Disclaimer; Sitemap; Staff Login; Staff Login X. Username or e-mail * You may login with either . Land within such zones shall be used exclusively for farm use except as otherwise provided in ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses . 0000030356 00000 n 5184 0 obj <>/Filter/FlateDecode/ID[<2670237DCAAC9647982E0B361415346E><0F233667DCA8FA48AB09E77602C76A2D>]/Index[5178 48]/Info 5177 0 R/Length 54/Prev 555056/Root 5179 0 R/Size 5226/Type/XRef/W[1 2 1]>>stream These areas are generally well suited for large-scale farming. Kenagy v. Benton County, 112 Or App 17, 827 P2d 1047 (1992), Farm owner's involvement with farming operations on leased portions of property combined with owner's past, present and planned expanded uses on unleased part of property bring owner within this statute. It cannot exceed 500 square metres or 12 metres in height. Widespread development of houses and amenities that serve urban populations on farmland can result in increased conflicts with agricultural practices. 1 0 obj 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. Within an EFU zone no building, structure or premise shall be used, Kang v. Dept. 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. Does Exclusive Farm Use (EFU) zoning work? However, you may need to register with the Secretary of State if you use an assumed name for your business. 8:00 a.m. - 12:00 p.m. You must have JavaScript enabled to use this form. %PDF-1.7 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. CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE 401-5 Last Amended 10/23/21 Table 401-1: Permitted Uses in the EFU District HV LV Use Subject To REST USES A A Propagation or harvesting of a forest product. ORS 215.780(1)(b). Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. 0000007794 00000 n https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 7031 Koll Center Pkwy, Pleasanton, CA 94566. trailer <<23C30493FFAD4427AC6C96164321DEE2>]/Prev 48811/XRefStm 1378>> startxref 0 %%EOF 168 0 obj <>stream An official website of the State of Oregon . 0000003487 00000 n Fitzwater v. Dept. Location: Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). When conflicts become disruptive, farmers stop making investments in their operations and may seek to divide and sell their land for development or use it for other purposes. 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. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html 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). Linfoot v. Dept. Everhart v. Dept. (1/9/03) Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 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. 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. 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. 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." You may login with either your assigned username or your e-mail address. Uses permitted in exclusive farm use zones in nonmarginal lands counties, ORS 215.275 (Utility facilities necessary for public service), ORS 215.274 (Associated transmission lines necessary for public service), ORS 92.010 (Definitions for ORS 92.010 to 92.192), ORS 215.780 (Minimum lot or parcel sizes), ORS 308A.250 (Definitions for ORS 308A.250 to 308A.259), ORS 215.279 (Farm income standard for dwelling in conjunction with farm use), ORS 517.750 (Definitions for ORS 517.702 to 517.989), ORS 358.480 (Definitions for ORS 358.480 to 358.545), ORS 215.291 (Alteration, restoration or replacement of lawfully established dwelling), ORS 215.255 (Farm product processing facility), ORS 454.695 (License required to perform sewage disposal services), 468B.053 (Alternatives to obtaining water quality permit), 468B.055 (Plans and specifications for disposal, treatment and sewerage systems), ORS 468B.095 (Use of sludge on agricultural, horticultural or silvicultural land), ORS 215.246 (Approval of land application of certain substances), 215.251 (Relationship to other farm uses), ORS 162.135 (Definitions for ORS 162.135 to 162.205), ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones), ORS 215.203 (Zoning ordinances establishing exclusive farm use zones), 215.255 (Farm product processing facility), ORS 215.298 (Mining in exclusive farm use zone), ORS 195.120 (Rules and planning goal amendments for parks required), ORS 195.300 (Definitions for ORS 195.300 to 195.336), ORS 215.447 (Photovoltaic solar power generation facilities on high-value farmland), ORS 671.520 (Definitions for ORS 671.510 to 671.760), ORS 671.318 (Businesses providing landscape architecture services), ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), 215.284 (Dwelling not in conjunction with farm use). hbbbf`b``3y Do You Pay Sales Tax On A House In Oregon? entrepreneurship, were lowering the cost of legal services and View more property details, sales history and Zestimate data on Zillow. PDF SECTION 3.010. EXCLUSIVE FARM USE, EFU ZONE - Morrow County, Oregon 1:00 p.m. - 5:00 p.m. Likely, your Farm Special Assessment was disqualified. 0000030738 00000 n 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. 22291 Boones Ferry Road NE, Aurora, OR 97002 Property Records The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. Capsey v. Dept. 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. 0000003976 00000 n What land qualifies for farm-use assessment?