A A Farm use as defined in Oregon Revised Statutes (ORS) 215.203. King Estate Winery, Inc. v. Dept. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html :#dBvX-hH'I+=14K4WeasOa j6}OW:7;Ix2k'7&2t}IFn[UzeNn+]++zhWrCrLWxPOhfw@FN$hz(`pP8b_;50*!^lS |,G'``bI(/E*O:DP3\ED1RZ0aB>ALD6m48V{~G=.mA@X"BO@2A5P0Y76%@ZdaV2dTt! Meeker v. Board of Commissioners, 36 Or App 699, 585 P2d 1138 (1978), aff'd 287 Or 665, 601 P2d 804 (1979), County may not approve partition of exclusive farm use land for purpose of placing nonfarm dwelling on parcel unless county has first determined that dwelling would meet criteria for nonfarm dwelling in EFU zone. Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. 0000015061 00000 n Shepherd v. Dept. 17.136.020 PERMITTED USES. 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. 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. Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. 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). Oregon's agricultural lands protection program has reduced many of these problems relative to other parts of the country, but the threats still exist. of Rev., 6 OTR 496 (1976), Buildings used for temporary housing of itinerant farm workers during harvest periods were buildings supporting "accepted farming practices" under this section. EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. Likely, your Farm Special Assessment was disqualified. 0000002564 00000 n ORS Linfoot v. Dept. High-value farmland must be avoided to the extent practicable. of Revenue, 12 OTR 407 (1993), Winery is not farm use. Acreage residential zones are areas that are suitable for development of acreage homesites. 17.136.040 Uses permitted subject to standards. Temporarily during a medical hardship of a family member. 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. . 0000005055 00000 n In 1973, only 12 uses were allowed in EFU zones. jw/$qslvN_[9ljCgyr}[~`yIc1F8m9ILzvm(!NI7N4gQd|~[}. 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. Miles v. Bd. CD-uV%]@|=tsqu5QEP zLh U7Ln8[z]17Mm`~8s}KU[ s6AF!1/p;z_a`7q ID5a!r %%EOF Today the list has grown to more than 60. Carrots & Parsnips. Dwellings on Farm and Forest Lands Lot-of-record dwellings may not be sited on high-value farmland unless the parcel cannot practicably be managed for farm use. The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. Farm Use: As defined in ORS 215.203. 0000035528 00000 n Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. How Long Can You Stay At An Oregon State Park? These areas are generally well suited for large-scale farming. All 36 counties in Oregon have implemented EFU zoning. 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. Josephine County v. Garnier, 163 Or App 333, 987 P2d 1263 (1999), Separate showing of compliance with, or exception to, state land use planning goal dealing with urbanization is not required in order to allow uses in exclusive farm use zone that are urban in nature but of kinds specifically allowed by statute. Some of the restrictions include: Parcel size: To prevent over-development, there are parcel size minimums of 20 to 160 acres. Land Conservation and Development Commission (LCDC) sets standards and criteria for protecting farmland. When you picture a barn on agricultural land, you are probably thinking of the large traditional red barn most commonly associated with a farm. The Official Zoning Maps will be numbered, dated, and signed bythe Board of . It is virtually impossible to have a small-acreage off-grid farm in Oregon. 0000014673 00000 n Drug, Alcohol, Problem Gambling, and Suicide Prevention, Land Records Search/Digital Research Room, GIS Download and Assessment & Taxation Data, Subdivisions, Partitions & Property Line Adjustments, Development Standards Lot Area, Yards, Height Restrictions and Access, Wineries, Cider Businesses, & Farm Breweries, Acreage Residential: Five Acre Zoning District, Acreage Residential: Ten Acre Zoning District, Agriculture and Forestry: Ten Acre Zoning District, Grand Ronde: Low Density Residential Zone, Single Family Residential Zoning District, Limited Multi-Family Residential Zoning District, High Rise Apartment Residential Zoning District, Unincorporated Community Commercial Office Zoning District, Unincorporated Community Commercial Retail Zoning District, Unincorporated Community Commercial General Zoning District, Northwest Polk Community Commercial Zoning District, Unincorporated Community Industrial Commercial Zoning District, Eola UnincorporatedCommunity Commercial Zoning District, Rickreall Unincorporated Community Commercial Zoning District, Eola Unincorporated Community Industrial Commercial Zoning District, Rickreall Unincorporated Community Industrial Commercial Zoning District, Eola Unincorporated Community Industrial Zoning District, Rickreall Unincorporated Community Industrial Zoning District, Unincorporated Community Industrial Park Zoning District, Unincorporated Community Light Industrial Zoning District, Unincorporated Community Heavy Industrial Zoning District, Restaurants/Mobile Units/Temporary Restaurants and Outdoor Mass Gathering Events, Plan Amendment (PA) 18-01 and Zone Change (ZC) 18-02. 5178 0 obj <> endobj What are the primary components of Exclusive Farm Use (EFU) zoning? 0000003487 00000 n 0000006216 00000 n A. As a primary dwelling for the farm operator. endobj The division and sale of farmland for non-farm purposes drives up land prices, often putting it out of the reach of existing farms and new farmers wanting to enter the market. Can I put a tiny home on my property in Oregon? HUn6}WQz0 What structures can be built on agricultural land? An official website of the State of Oregon . There are two international airports in Oregon. EFU is a zoning category, and rarely gets changed. How you know During these two seasons, visitors will find lighter crowds and cooler, Scientists believe this is due to pesticides, urban development, and light pollution. Join thousands of people who receive monthly site updates. Oregon law spells out the standards and processes to approve development in EFU zones (ORS 215 and OAR Chapter 660, Division 33). Keicher v. Clackamas County, 175 Or App 633, 29 P3d 1155 (2001), Provision of emergency medical services and training is within statutory authorization for facilities providing rural fire protection services. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). 0000010625 00000 n trailer <<23C30493FFAD4427AC6C96164321DEE2>]/Prev 48811/XRefStm 1378>> startxref 0 %%EOF 168 0 obj <>stream 3 0 obj 215.213 we provide special support 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 . To replace a dwelling that currently or previously existed. 2 0 obj View photos, public assessor data, maps and county tax information. However, you may need to register with the Secretary of State if you use an assumed name for your business. High Rise Apartment Residential Zoning District: RH: 136: Exclusive Farm Use Zoning District: EFU: 138: Farm/Forest Zoning District: FF: 140: Commercial Office Zoning District: CO: 141: . A .gov website belongs to an official government organization in the UnitedStates. A county law enforcement facility that lawfully existed on August 20, 2002, and is used to provide rural law enforcement services primarily in rural areas, including parole and post-prison supervision, but not including a correctional facility as defined under ORS 162.135 (Definitions for ORS 162.135 to 162.205). We will always provide free access to the current law. Full-Time Residential Use of Tiny Houses on Wheels Largely Illegal in Oregon. for non-profit, educational, and government users. of Rev., 4 OTR 489 (1971), Contiguous area of substantial size not used for farm purposes must be denied exemption even though contained within boundaries of qualifying farm operation. Income requirement If the land is six and one half acres or less, your gross income from the farm use must be at least $650. Zoning that limits land partitioning, speculation, and adjacent conflicting uses leaves farmers and ranchers free to pursue farming and confident enough of a long-range future in farming to make continued investments in their operations. Chapin v. Dept. in an Exclusive Farm-Use Zone This information circular explains farm-use assess-ments on farmland in an exclusive farm-use (EFU) zone. Gilmour v. Linn County, 279 Or App 584, 379 P3d 833 (2016), Ritch v. Dept. Location: Other lands may also be protected under Goal 3 and EFU zoning if they are suitable for grazing, used by farm and ranch operations, or necessary to permit farm practices to be undertaken on adjacent or nearby lands. The building must be solely for the purpose of agriculture. As an accessory dwelling for a relative of the farm operator. v7b[hZ8lR%"c g9;%>|}Ykb6{ATi_VkA,f=4LL]6~^w]Pe<4.~eY>_osTf"QE%z P=m&^r}ZI9o9xu}@#eSQqu. 1:00 p.m. - 5:00 p.m. The legislature has recognized that EFU zoning limits the use of agricultural land. Refer to the Oregon Department of Revenue Farm Assessment flyer for your property's zoning (EFU or NON-EFU) for "What Land Qualifies." 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. EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . Kenagy v. Benton County, 115 Or App 131, 838 P2d 1076 (1992), Sup Ct review denied, Proposed activities on farm property is basis for determining whether relative's assistance is required. (last accessed Jun. of Clackamas County, 48 Or App 951, 618 P2d 986 (1980), Since former version of this section provided that dwellings provided in conjunction with farm use were nonfarm uses, half-acre homesite on 111 acre tract zone Exclusive Farm Use was properly valued as homesite rather than farmland. % Do I need to register with the state of Oregon to be a farmer? 0000004665 00000 n 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. An official website of the State of Oregon You must have JavaScript enabled to use this form. Agricultural use means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals. 7031 Koll Center Pkwy, Pleasanton, CA 94566. : (503) 623-9237 MLS # Broccoli. 128 0 obj <> endobj xref 128 41 0000000016 00000 n 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. Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. If the land is more than six and one half but fewer than 30 acres, your gross income from the farm use must be $100 multiplied by the number of acres. Guido v. Dept. Purpose. <> EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. For information about farm-use assessment on land not in an EFU zone, see The Polk County Planning Division provides the Zoning Ordinance for your reference and convenience. Its followed by Massachusetts,, The Oregon Coast off-season begins in winter and runs through the end of spring. 0000030356 00000 n 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. Hillcrest Vineyard v. Bd. 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. Farming and ranching are important sectors of Oregon's agricultural industry, and are critical drivers of the state's economy. https://oregon.public.law/statutes/ors_215.283. 0000003075 00000 n endobj sY31'P9P! 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. 0000032442 00000 n They allow landowners to build, extend, develop, convert, excavate or carry out engineering work on certain sites without going through the full planning permission process, and some have been designed specifically for agricultural buildings. Nichols v. Clackamas County, 146 Or App 25, 932 P2d 1185 (1997), Sup Ct review denied, Invalidation of rules inconsistent with statutes listed in ORS 215.304 as of March 1, 1994, is specifically directed to preventing replacement of marginal lands designation and does not otherwise limit LCDC authority to restrict permissible uses of exclusive farm use lands within marginal lands counties. 0000001554 00000 n 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. we provide special support 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. 0000011672 00000 n Zoning ordinances establishing exclusive farm use zones, 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), 215.284 (Dwelling not in conjunction with farm use), ORS 321.267 (Lands not eligible for special assessment), 321.824 (Lands not eligible for special assessment), ORS 215.255 (Farm product processing facility), ORS 315.141 (Biomass production or collection). https://www.oregonlegislature.gov/bills_laws/ors/ors215.html for non-profit, educational, and government users. That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. https://oregon.public.law/statutes/ors_215.203. EFU zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. 0000001116 00000 n Documents are provided in Portable Document Format (.pdf). Just driving through farmland in Oregon provides persuasive evidence that EFU zoning has been able to protect large areas of land from conversion to other uses, particularly sprawling and costly residential subdivisions. 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. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html Taylor v. Dept. Marijuana production is subject to Section 841. 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. We will always provide free access to the current law. EFU zoning has changed over the years. SECTION 3.010. <> 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. Statewide Planning Goal 3 defines agricultural land using soil types and other factors. Learn hbbbf`b``3y Non-farm dwellings must be sited on soils that are generally unsuitable for agriculture. Friends of Yamhill County v. Yamhill County, 255 Or App 636, 298 P3d 586 (2013), Commercial activity is operated conjunction with farm use if commercial activity reinforces profitability of farm operations and strengthens likelihood that farm use will continue. (1/9/03) 215.203 . You may login with either your assigned username or your e-mail address. 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. increasing citizen access. 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 Zoning also retains farmland in large blocks by prohibiting subdivision into parcels too small for commercial 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. for non-profit, educational, and government users. Oregon's statewide program requires counties to: Oregon's program emphasizes availability of land, free from conflicts, for use by commercial agriculture. 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. A. Within an EFU zone no building, structure or premise shall be used, 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. $560 is the 25th percentile. Wetherell v. Douglas County, 342 Or 666, 160 P3d 614 (2007), Where respondent landowner grows, cuts, bales and compresses straw on property, zoned for exclusive farm use, then ships straw to market, respondent engages in "preparation" of straw and respondent's use of property is "farm use." (last accessed Jun. 3.4.2 EFU Statute/Ordinances - Land Divisions - Minimum Lot Sizes. Original Source: 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). 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. Find properties near 13161 Wilco Hwy Ne. Beets. There are very strict rules on how this land can be used. We will always provide free access to the current law. Farm Zoned Land in Oregon Much of Oregon's land is zoned as EFU (Exclusive Farm Use). 215.283 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. Only share sensitive information on official, secure websites. Just over 26 percentor 16.3 million acresof Oregon's land was in non-federal agricultural use in 2015. Rutherford v. Armstrong, 31 Or App 1319, 572 P2d 1331 (1977), Sup Ct review denied, Under variance provisions of this section, land included within exclusive farm use zone pursuant to LCDC goal may be used for certain non-farm purposes. 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. Off-grid living is legal in Oregon. Your browser is out-of-date! No, there is no registration or license to be a farmer. Section 215.283 Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules, Original Source: (d) Operations conducted for: (A) Yes! of Rev., 8 OTR 122 (1979), Homesite located on land zoned for exclusive farm use was not eligible for special assessment. In addition, The main tool for carrying out that policy is the statewide planning program. Likely, your Farm Special Assessment was disqualified. Lane County v. LCDC, 325 Or 569, 942 P2d 278 (1997), Buildings established for listed permitted uses are subject to restrictions and requirements of general application. J and D Fertilizers, Ltd. v. Clackamas County, 105 Or App 11, 803 P2d 280 (1990), Sup Ct review denied, Boarding of horses for profit is not farm use. 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. A vibrant local farm economy requires a critical mass of farmland. entrepreneurship, were lowering the cost of legal services and ft. home is a 4 bed, 2.0 bath property. EXCLUSIVE FARM USE, EFU ZONE . of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894. 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. State rules prohibit new dwelling in EFU zones unless applicants can show compliance with certain standards. Corn. To preserve agricultural use of agricultural land. 0 Section 215.263 Land divisions in exclusive farm use zones; criteria for approval; rules, Jackson County Citizens' League v. Jackson County, 171 Or App 149, 15 P3d 42 (2000), Authority of state over use of land along Willamette River under Greenway Law, (1975) Vol 37, p 515; permissibility of radio transmission tower as "utility facility necessary for public service" in area zoned for exclusive farm use, (1981) Vol 42, p 77, 19 EL 63 (1988); 26 WLR 398 (1990); 34 WLR 81 (1998); 77 OLR 993 (1998); 36 WLR 441 (2000); 36 EL 25 (2006); 49 WLR 411 (2013), 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. What produce is in season right now in Oregon? ORS K!t&E @0[Z!.($Ppp}XT6aGd#)z+ @ SIY5wzW] pmU3UIWC`CzgQSyc$~w'A BPx@o=BGV5gPZOm 6SFF1upq8@ A&e[ {$1Sc::xWXA&F Cauliflower. Monday - Friday 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. Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. Yes. 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. 26, 2021). 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. 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. 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.
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