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. EFU is a zoning category, and rarely gets changed. 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. x\r}W$Or80J) >n VYAw9w?yjImzu~_"u>?9O*s*r'jC.US]Yf~uj-eh[:Ubypl2\\f/^VtZW]%Mgipe %7P:Ue; King Estate Winery, Inc. v. Dept. endstream endobj 129 0 obj <>/Metadata 6 0 R/Pages 5 0 R/StructTreeRoot 8 0 R/Type/Catalog/ViewerPreferences<>>> endobj 130 0 obj <>/Font<>/ProcSet[/PDF/Text]/Properties<>/XObject<>>>/Rotate 0/StructParents 1/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 131 0 obj <> endobj 132 0 obj <>stream For information about farm-use assessment on land not in an EFU zone, see Only share sensitive information on official, secure websites. 0000030738 00000 n The EFU zone is intended to be a farm zone consistent with OAR 660 Division 033 and ORS 215.283. The building must be solely for the purpose of agriculture. Similarly, a decision to establish or amend an urban reserve must only include high-value farmland when no other options exist. There are very strict rules on how this land can be used. Oregon Relay TTY or Voice: 711, Office Hours Join thousands of people who receive monthly site updates. stream Broccoli. 5225 0 obj <>stream increasing citizen access. Central Oregon Landwatch v. Deschutes County, 276 Or App 282, 367 P3d 560 (2016), Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284, 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), Published notice is adequate if property owners can reasonably ascertain that property in which they hold interest may be affected. Beets. We will always provide free access to the current law. for exclusive farm use and designated as rangeland, the minimum lot or parcel size is 160 acres. 0000031845 00000 n 1:00 p.m. - 5:00 p.m. For relatives whose assistance is necessary for management of a commercial farming operation. 215.263 Land in an EFU zones is eligible for lower property taxes when the land is farmed. we provide special support Location: All 36 counties in Oregon have implemented EFU zoning. of Comm. 0000002564 00000 n 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. If they farm less than 6.5 acres, they must earn $650 in grossnot netincome in three out of every five years. Who qualifies for farm tax exemption in Oregon? Miles v. Bd. 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. for non-profit, educational, and government users. 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 has known security flaws and may not display all features of this and other websites. (x) 0000005055 00000 n 0000029994 00000 n For information about farm-use assessment on land in an EFU zone, see the information circular, "Assessment of Farm-land in an Exclusive Farm-Use Zone," 150-303-644. %PDF-1.7 A vibrant local farm economy requires a critical mass of farmland. The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. 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. Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993, 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 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 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780), ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325). The state legislature adopted the policy in 1973. https://www.oregonlegislature.gov/bills_laws/ors/ors215.html This can include multi-unit farm worker housing. Fitzwater v. Dept. May be sited on an existing or new parcel that is unsuitable for production of crops, livestock, or trees. Can houses be built on agricultural land? Chapin v. Dept. 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. Exclusive Farm Use (EFU) Zoned Farm (a.k.a. Fitzwater v. Dept. Within an EFU zone no building, structure or premise shall be used, https://oregon.public.law/statutes/ors_215.203. Chapin v. Dept. It is intended to be applied in those areas composed of tracts that are predominantly high-value farm soils as defined in OAR 660-033-0020(8). Cauliflower. It cannot be the first agricultural construction on the unit. Land divisions in exclusive farm use zones, Where substantial evidence supported county commissioners' finding that proposed subdivision of parcel of agricultural land would promote more intensive farming and greater overall agricultural production than single parcel, state wide planning goal 3 did not require that agricultural lands be used for full-time farming where such farms were not economically viable and where smaller, part-time farms were consistent with existing agricultural enterprise in area. Click on a question to reveal the answer. % Cabbage. 1 0 obj How you know We will always provide free access to the current law. Your browser is out-of-date! 0000001378 00000 n There are two international airports in Oregon. ORS 215.780(1)(b). Non-farm dwellings must be sited on soils that are generally unsuitable for agriculture. entrepreneurship, were lowering the cost of legal services and Under this system, all counties in Oregon have adopted planning and zoning measures to protect agricultural land. 215.283 increasing citizen access. 14107 Butteville Rd NE , Gervais, OR 97026-9747 is a single-family home listed for-sale at $3,000,000. 0000001698 00000 n 0000013659 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. Hilary FooteFarm/Forest Specialisthilary.foote@dlcd.oregon.govPhone: 503-881-9249, DLCD Regional RepresentativesRegional Representatives by Region. !aSVQ{\ mP| q!-}.ac A lock icon ( ) or https:// means youve safely connected to the .gov website. 8:00 a.m. - 12:00 p.m. ft. home is a 4 bed, 2.0 bath property. 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. EXCLUSIVE FARM USE DISTRICT (EFU) (7/1/04) PURPOSE A. Location: 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. Publications in Portable Document Format may be viewed, searched and printed out to look exactly like the original. 1, Portland homeowners can legally have two small dwellings sharing a residential city lot with their existing house. Those laws have protected farms, rural communities, and our state's $12 billion . 0000035861 00000 n Existing zoning, tax, and right-to-farm policies encourage continued farm use, but new challenges continue to appear and growth pressures will likely continue in many parts of the state. Purpose. Hooper v. Clackamas County, 87 Or App 167, 741 P2d 921 (1987), Sup Ct review denied, Defendant's kennel operations did not become nonconforming use until county enacted ordinance to prohibit kennel operations in agricultural zone, and were permitted under earlier zoning ordinances because they come within definition of farm use. However, Oregon does have very strict zoning laws which may make it difficult to build or do certain things on your property. 215.203 Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978); 1000 Friends v. Benton County, 32 Or App 413, 575 P2d 651 (1978), Although plaintiff's attempt to control tansy ragwort could have restored subject property to profitable future activity, such use of property did not constitute "farm use" within the meaning of this section because the land was not currently being used to obtain profits. 0000037349 00000 n endstream endobj startxref 4 0 obj When you picture a barn on agricultural land, you are probably thinking of the large traditional red barn most commonly associated with a farm. sU$G`J.8gW. What is the International Airport in Oregon? Linn County v. Hickey, 98 Or App 100, 778 P2d 509 (1989), This section, which provides that churches may be allowed as permitted uses in Exclusive Farm Use zone does not preclude counties from regulating church uses or making them conditional. Through social 3.4.2 EFU Statute/Ordinances - Land Divisions - Minimum Lot Sizes. Zoning ordinances may be adopted to zone designated areas of land within the county as exclusive farm use zones. 0000014673 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. Likely, your Farm Special Assessment was disqualified. Agriculture is one of the state's biggest industries. That threshold has not changed in decades and would be more than $3,500 today if adjusted for inflation. If you are not sure if your land is within a farm-use zone, check with your planning office or your county assessor's office. It cannot exceed 500 square metres or 12 metres in height. Forestland Deferral You may download an Application for Designation of Land as Forestland. 7031 Koll Center Pkwy, Pleasanton, CA 94566. we provide special support Morrow County Zoning Ordinance Article 3 Section 3.010 (11012018) Page 1 of 47. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980), Fasano v. Bd. 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. 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. Through social of Revenue, 12 OTR 407 (1993), Winery is not farm use. Farm Use: As defined in ORS 215.203. 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 . What produce is in season right now in Oregon? Kang v. Dept. Join thousands of people who receive monthly site updates. EFU zoning helps ensure that farmers and ranchers can continue to operate by limiting the types and intensity of other uses allowed. (d) Operations conducted for: (A) As an accessory dwellings for farm help not related to the operator. 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. 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. 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. 0000001116 00000 n Oregon's EFU laws have encouraged development where it makes sense while controlling sprawling subdivisions from leapfrogging across our rural landscapes. As an incentive, land in an EFU zone that is primarily used to make a profit from farming qualifies for reduced taxes. https://oregon.public.law/statutes/ors_215.213. EFU is a zoning category, and rarely gets changed. A. Does Oregon have good healthcare? 0000012722 00000 n In order to approve many uses that are not directly related to agriculture, a county must analyze whether the proposed use will significantly change or increase the cost of farming practices on surrounding lands. State law requires that for farmers to qualify, they have to gross $100 an acre. EXCLUSIVE FARM USE ZONE (EFU-RCP) RURAL COMPREHENSIVE PLAN . A. Dorvinen v. Crook County, 153 Or App 391, 957 P2d 180 (1998), Sup Ct review denied, 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. Agriculture supports more than 326,000 jobs, almost 14 percent of all jobs in the state. The criteria in ORS 197A.320 and Statewide Planning Goal 14 for expanding an urban growth boundary include consideration of whether the land is high-value farmland. Likely, your Farm Special Assessment was disqualified. 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. Can You Build A House On Efu Zoned Land In Oregon? Human traffic, as well as housing and commercial developments, are making the fireflies, Oregon does not recognize concealed carry permits from other states but will issue an Oregon concealed carry permit to residents of surrounding states, including Idaho., (AP) Texting sexually explicit images of another person without their consent will be illegal under an Oregon measure on its way to the governor., Asparagus. Everhart v. Dept. The ORS 215.780(2) provisions that allow counties to adopt a minimum lot size smaller than would otherwise be exclusive farm useThe purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. Join thousands of people who receive monthly site updates. 0000010625 00000 n 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. we provide special support 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." (excluding holidays), Polk County | 850 Main Street | Dallas, Oregon 97338. Comprehensive plan policies must strive to minimize conversion of farmland to other uses. 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).
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