Bill Text: OR SB338 | 2013 | Regular Session | Introduced
Bill Title: Relating to resource protection.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB338 Detail]
Download: Oregon-2013-SB338-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1658
Senate Bill 338
Sponsored by Senator JOHNSON (at the request of Oregon Farm
Bureau Federation) (Presession filed.)
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.
Changes status of activities conducted to create, restore or
enhance wetlands on land zoned for exclusive farm use from
outright permitted use to conditional use.
Eliminates limitation on liability for damages resulting from
certain fish and wildlife habitat improvement projects and
watershed or stream restoration or enhancement programs.
Limits purchase price paid for statutory conservation easements
and highway scenic preservation easements.
A BILL FOR AN ACT
Relating to resource protection; creating new provisions; and
amending ORS 215.203, 215.213, 215.246, 215.249, 215.251,
215.263, 215.283, 215.304, 215.417, 215.452, 215.453, 215.780,
271.715, 271.725, 271.729, 308A.056 and 496.270.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 215.213, as amended by section 2, chapter 74,
Oregon Laws 2012, is amended to read:
215.213. (1) In counties that have adopted marginal lands
provisions under ORS 197.247 (1991 Edition), the following uses
may be established in any area zoned for exclusive farm use:
(a) Churches and cemeteries in conjunction with churches.
(b) The propagation or harvesting of a forest product.
(c) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
(d) A dwelling on real property used for farm use if the
dwelling is occupied by a relative of the farm operator or the
farm operator's spouse, which means a child, parent, stepparent,
grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator
does or will require the assistance of the relative in the
management of the farm use and the dwelling is located on the
same lot or parcel as the dwelling of the farm operator.
Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel
size requirements under ORS 215.780, if the owner of a dwelling
described in this paragraph obtains construction financing or
other financing secured by the dwelling and the secured party
forecloses on the dwelling, the secured party may also foreclose
on the homesite, as defined in ORS 308A.250, and the foreclosure
shall operate as a partition of the homesite to create a new
parcel.
(e) Nonresidential buildings customarily provided in
conjunction with farm use.
(f) Subject to ORS 215.279, primary or accessory dwellings
customarily provided in conjunction with farm use. For a primary
dwelling, the dwelling must be on a lot or parcel that is managed
as part of a farm operation and is not smaller than the minimum
lot size in a farm zone with a minimum lot size acknowledged
under ORS 197.251.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (2)(a) or (b).
(h) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (2)(a) or (b).
(i) One manufactured dwelling or recreational vehicle, or the
temporary residential use of an existing building, in conjunction
with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of the
resident. Within three months of the end of the hardship, the
manufactured dwelling or recreational vehicle shall be removed or
demolished or, in the case of an existing building, the building
shall be removed, demolished or returned to an allowed
nonresidential use. The governing body or its designee shall
provide for periodic review of the hardship claimed under this
paragraph. A temporary residence approved under this paragraph is
not eligible for replacement under paragraph { - (q) - }
{ + (p) + } of this subsection.
(j) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(k) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
(L) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(m) Minor betterment of existing public road and highway
related facilities, such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(n) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
{ - (o) Creation, restoration or enhancement of wetlands. - }
{ - (p) - } { + (o) + } A winery, as described in ORS
215.452 or 215.453.
{ - (q) - } { + (p) + } Alteration, restoration or
replacement of a lawfully established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement:
(i) Is removed, demolished or converted to an allowable
nonresidential use within three months of the completion of the
replacement dwelling. A replacement dwelling may be sited on any
part of the same lot or parcel. A dwelling established under this
paragraph shall comply with all applicable siting standards.
However, the standards shall not be applied in a manner that
prohibits the siting of the dwelling. If the dwelling to be
replaced is located on a portion of the lot or parcel not zoned
for exclusive farm use, the applicant, as a condition of
approval, shall execute and record in the deed records for the
county where the property is located a deed restriction
prohibiting the siting of a dwelling on that portion of the lot
or parcel. The restriction imposed shall be irrevocable unless a
statement of release is placed in the deed records for the
county. The release shall be signed by the county or its designee
and state that the provisions of this paragraph regarding
replacement dwellings have changed to allow the siting of another
dwelling. The county planning director or the director's designee
shall maintain a record of the lots and parcels that do not
qualify for the siting of a new dwelling under the provisions of
this paragraph, including a copy of the deed restrictions and
release statements filed under this paragraph; and
(ii) For which the applicant has requested a deferred
replacement permit, is removed or demolished within three months
after the deferred replacement permit is issued. A deferred
replacement permit allows construction of the replacement
dwelling at any time. If, however, the established dwelling is
not removed or demolished within three months after the deferred
replacement permit is issued, the permit becomes void. The
replacement dwelling must comply with applicable building codes,
plumbing codes, sanitation codes and other requirements relating
to health and safety or to siting at the time of construction. A
deferred replacement permit may not be transferred, by sale or
otherwise, except by the applicant to the spouse or a child of
the applicant.
{ - (r) - } { + (q) + } Farm stands if:
(A) The structures are designed and used for the sale of farm
crops or livestock grown on the farm operation, or grown on the
farm operation and other farm operations in the local
agricultural area, including the sale of retail incidental items
and fee-based activity to promote the sale of farm crops or
livestock sold at the farm stand if the annual sale of incidental
items and fees from promotional activity do not make up more than
25 percent of the total annual sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activity other than the sale of
farm crops or livestock and does not include structures for
banquets, public gatherings or public entertainment.
{ - (s) - } { + (r) + } An armed forces reserve center, if
the center is within one-half mile of a community college. For
purposes of this paragraph, 'armed forces reserve center'
includes an armory or National Guard support facility.
{ - (t) - } { + (s) + } A site for the takeoff and landing
of model aircraft, including such buildings or facilities as may
reasonably be necessary. Buildings or facilities shall not be
more than 500 square feet in floor area or placed on a permanent
foundation unless the building or facility preexisted the use
approved under this paragraph. The site shall not include an
aggregate surface or hard surface area unless the surface
preexisted the use approved under this paragraph. An owner of
property used for the purpose authorized in this paragraph may
charge a person operating the use on the property rent for the
property. An operator may charge users of the property a fee that
does not exceed the operator's cost to maintain the property,
buildings and facilities. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
{ - (u) - } { + (t) + } A facility for the processing of
farm crops, or the production of biofuel as defined in ORS
315.141, that is located on a farm operation that provides at
least one-quarter of the farm crops processed at the facility.
The building established for the processing facility shall not
exceed 10,000 square feet of floor area exclusive of the floor
area designated for preparation, storage or other farm use or
devote more than 10,000 square feet to the processing activities
within another building supporting farm uses. A processing
facility shall comply with all applicable siting standards but
the standards shall not be applied in a manner that prohibits the
siting of the processing facility.
{ - (v) - } { + (u) + } Fire service facilities providing
rural fire protection services.
{ - (w) - } { + (v) + } Irrigation reservoirs, canals,
delivery lines and those structures and accessory operational
facilities, not including parks or other recreational structures
and facilities, associated with a district as defined in ORS
540.505.
{ - (x) - } { + (w) + } Utility facility service lines.
Utility facility service lines are utility lines and accessory
facilities or structures that end at the point where the utility
service is received by the customer and that are located on one
or more of the following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has
been obtained; or
(C) The property to be served by the utility.
{ - (y) - } { + (x) + } Subject to the issuance of a
license, permit or other approval by the Department of
Environmental Quality under ORS 454.695, 459.205, 468B.050,
468B.053 or 468B.055, or in compliance with rules adopted under
ORS 468B.095, and as provided in ORS 215.246 to 215.251, the land
application of reclaimed water, agricultural or industrial
process water or biosolids for agricultural, horticultural or
silvicultural production, or for irrigation in connection with a
use allowed in an exclusive farm use zone under this chapter.
{ - (z) - } { + (y) + } Dog training classes or testing
trials, which may be conducted outdoors or in preexisting farm
buildings, when:
(A) The number of dogs participating in training does not
exceed 10 dogs per training class and the number of training
classes to be held on-site does not exceed six per day; and
(B) The number of dogs participating in a testing trial does
not exceed 60 and the number of testing trials to be conducted
on-site is limited to four or fewer trials per calendar year.
(2) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), the following uses may be
established in any area zoned for exclusive farm use subject to
ORS 215.296:
(a) A primary dwelling in conjunction with farm use or the
propagation or harvesting of a forest product on a lot or parcel
that is managed as part of a farm operation or woodlot if the
farm operation or woodlot:
(A) Consists of 20 or more acres; and
(B) Is not smaller than the average farm or woodlot in the
county producing at least $2,500 in annual gross income from the
crops, livestock or forest products to be raised on the farm
operation or woodlot.
(b) A primary dwelling in conjunction with farm use or the
propagation or harvesting of a forest product on a lot or parcel
that is managed as part of a farm operation or woodlot smaller
than required under paragraph (a) of this subsection, if the lot
or parcel:
(A) Has produced at least $20,000 in annual gross farm income
in two consecutive calendar years out of the three calendar years
before the year in which the application for the dwelling was
made or is planted in perennials capable of producing upon
harvest an average of at least $20,000 in annual gross farm
income; or
(B) Is a woodlot capable of producing an average over the
growth cycle of $20,000 in gross annual income.
(c) Commercial activities that are in conjunction with farm
use, including the processing of farm crops into biofuel not
permitted under ORS 215.203 (2)(b)(K) or subsection
{ - (1)(u) - } { + (1)(t) + } of this section.
(d) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005, not
otherwise permitted under subsection (1)(g) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(e) Community centers owned by a governmental agency or a
nonprofit community organization and operated primarily by and
for residents of the local rural community, hunting and fishing
preserves, public and private parks, playgrounds and campgrounds.
Subject to the approval of the county governing body or its
designee, a private campground may provide yurts for overnight
camping. No more than one-third or a maximum of 10 campsites,
whichever is smaller, may include a yurt. The yurt shall be
located on the ground or on a wood floor with no permanent
foundation. Upon request of a county governing body, the Land
Conservation and Development Commission may provide by rule for
an increase in the number of yurts allowed on all or a portion of
the campgrounds in a county if the commission determines that the
increase will comply with the standards described in ORS 215.296
(1). A public park or campground may be established as provided
under ORS 195.120. As used in this paragraph, 'yurt' means a
round, domed shelter of cloth or canvas on a collapsible frame
with no plumbing, sewage disposal hookup or internal cooking
appliance.
(f) Golf courses on land determined not to be high-value
farmland as defined in ORS 195.300.
(g) Commercial utility facilities for the purpose of generating
power for public use by sale.
(h) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities.
A personal-use airport as used in this section means an airstrip
restricted, except for aircraft emergencies, to use by the owner,
and, on an infrequent and occasional basis, by invited guests,
and by commercial aviation activities in connection with
agricultural operations. No aircraft may be based on a
personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted
under this definition may be granted through waiver action by the
Oregon Department of Aviation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable rules of
the Oregon Department of Aviation.
(i) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere
with accepted farming practices and is compatible with farm uses
described in ORS 215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These facilities are
intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means
the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(j) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit
has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(k)(A) Commercial dog boarding kennels; or
(B) Dog training classes or testing trials that cannot be
established under subsection { - (1)(z) - } { + (1)(y) + } of
this section.
(L) Residential homes as defined in ORS 197.660, in existing
dwellings.
(m) The propagation, cultivation, maintenance and harvesting of
aquatic species that are not under the jurisdiction of the State
Fish and Wildlife Commission or insect species. Insect species
shall not include any species under quarantine by the State
Department of Agriculture or the United States Department of
Agriculture. The county shall provide notice of all applications
under this paragraph to the State Department of Agriculture.
Notice shall be provided in accordance with the county's land use
regulations but shall be mailed at least 20 calendar days prior
to any administrative decision or initial public hearing on the
application.
(n) Home occupations as provided in ORS 215.448.
(o) Transmission towers over 200 feet in height.
(p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(q) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(r) Improvement of public road and highway related facilities
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
(s) A destination resort that is approved consistent with the
requirements of any statewide planning goal relating to the
siting of a destination resort.
(t) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(u) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
the metropolitan urban growth boundary. As used in this
paragraph:
(A) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(B) 'Local historical society' means the local historical
society, recognized as such by the county governing body and
organized under ORS chapter 65.
(v) Operations for the extraction and bottling of water.
(w) An aerial fireworks display business that has been in
continuous operation at its current location within an exclusive
farm use zone since December 31, 1986, and possesses a
wholesaler's permit to sell or provide fireworks.
(x) A landscape contracting business, as defined in ORS
671.520, or a business providing landscape architecture services,
as described in ORS 671.318, if the business is pursued in
conjunction with the growing and marketing of nursery stock on
the land that constitutes farm use.
(y) Public or private schools for kindergarten through grade
12, including all buildings essential to the operation of a
school, primarily for residents of the rural area in which the
school is located.
{ + (z) Creation, restoration or enhancement of wetlands. + }
(3) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), a single-family residential
dwelling not provided in conjunction with farm use may be
established on a lot or parcel with soils predominantly in
capability classes IV through VIII as determined by the
Agricultural Capability Classification System in use by the
United States Department of Agriculture Soil Conservation Service
on October 15, 1983. A proposed dwelling is subject to approval
of the governing body or its designee in any area zoned for
exclusive farm use upon written findings showing all of the
following:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use.
(b) The dwelling is situated upon generally unsuitable land for
the production of farm crops and livestock, considering the
terrain, adverse soil or land conditions, drainage and flooding,
location and size of the tract. A lot or parcel shall not be
considered unsuitable solely because of its size or location if
it can reasonably be put to farm use in conjunction with other
land.
(c) Complies with such other conditions as the governing body
or its designee considers necessary.
(4) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), one single-family dwelling, not
provided in conjunction with farm use, may be established in any
area zoned for exclusive farm use on a lot or parcel described in
subsection (7) of this section that is not larger than three
acres upon written findings showing:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use;
(b) If the lot or parcel is located within the Willamette River
Greenway, a floodplain or a geological hazard area, the dwelling
complies with conditions imposed by local ordinances relating
specifically to the Willamette River Greenway, floodplains or
geological hazard areas, whichever is applicable; and
(c) The dwelling complies with other conditions considered
necessary by the governing body or its designee.
(5) Upon receipt of an application for a permit under
subsection (4) of this section, the governing body shall notify:
(a) Owners of land that is within 250 feet of the lot or parcel
on which the dwelling will be established; and
(b) Persons who have requested notice of such applications and
who have paid a reasonable fee imposed by the county to cover the
cost of such notice.
(6) The notice required in subsection (5) of this section shall
specify that persons have 15 days following the date of postmark
of the notice to file a written objection on the grounds only
that the dwelling or activities associated with it would force a
significant change in or significantly increase the cost of
accepted farming practices on nearby lands devoted to farm use.
If no objection is received, the governing body or its designee
shall approve or disapprove the application. If an objection is
received, the governing body shall set the matter for hearing in
the manner prescribed in ORS 215.402 to 215.438. The governing
body may charge the reasonable costs of the notice required by
subsection (5)(a) of this section to the applicant for the permit
requested under subsection (4) of this section.
(7) Subsection (4) of this section applies to a lot or parcel
lawfully created between January 1, 1948, and July 1, 1983. For
the purposes of this section:
(a) Only one lot or parcel exists if:
(A) A lot or parcel described in this section is contiguous to
one or more lots or parcels described in this section; and
(B) On July 1, 1983, greater than possessory interests are held
in those contiguous lots, parcels or lots and parcels by the same
person, spouses or a single partnership or business entity,
separately or in tenancy in common.
(b) 'Contiguous' means lots, parcels or lots and parcels that
have a common boundary, including but not limited to, lots,
parcels or lots and parcels separated only by a public road.
(8) A person who sells or otherwise transfers real property in
an exclusive farm use zone may retain a life estate in a dwelling
on that property and in a tract of land under and around the
dwelling.
(9) No final approval of a nonfarm use under this section shall
be given unless any additional taxes imposed upon the change in
use have been paid.
(10) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm
use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.
(11) The following agri-tourism and other commercial events or
activities that are related to and supportive of agriculture may
be established in any area zoned for exclusive farm use:
(a) A county may authorize a single agri-tourism or other
commercial event or activity on a tract in a calendar year by an
authorization that is personal to the applicant and is not
transferred by, or transferable with, a conveyance of the tract,
if the agri-tourism or other commercial event or activity meets
any local standards that apply and:
(A) The agri-tourism or other commercial event or activity is
incidental and subordinate to existing farm use on the tract;
(B) The duration of the agri-tourism or other commercial event
or activity does not exceed 72 consecutive hours;
(C) The maximum attendance at the agri-tourism or other
commercial event or activity does not exceed 500 people;
(D) The maximum number of motor vehicles parked at the site of
the agri-tourism or other commercial event or activity does not
exceed 250 vehicles;
(E) The agri-tourism or other commercial event or activity
complies with ORS 215.296;
(F) The agri-tourism or other commercial event or activity
occurs outdoors, in temporary structures, or in existing
permitted structures, subject to health and fire and life safety
requirements; and
(G) The agri-tourism or other commercial event or activity
complies with conditions established for:
(i) Planned hours of operation;
(ii) Access, egress and parking;
(iii) A traffic management plan that identifies the projected
number of vehicles and any anticipated use of public roads; and
(iv) Sanitation and solid waste.
(b) In the alternative to paragraphs (a) and (c) of this
subsection, a county may authorize, through an expedited,
single-event license, a single agri-tourism or other commercial
event or activity on a tract in a calendar year by an expedited,
single-event license that is personal to the applicant and is not
transferred by, or transferable with, a conveyance of the tract.
A decision concerning an expedited, single-event license is not a
land use decision, as defined in ORS 197.015. To approve an
expedited, single-event license, the governing body of a county
or its designee must determine that the proposed agri-tourism or
other commercial event or activity meets any local standards that
apply, and the agri-tourism or other commercial event or
activity:
(A) Must be incidental and subordinate to existing farm use on
the tract;
(B) May not begin before 6 a.m. or end after 10 p.m.;
(C) May not involve more than 100 attendees or 50 vehicles;
(D) May not include the artificial amplification of music or
voices before 8 a.m. or after 8 p.m.;
(E) May not require or involve the construction or use of a new
permanent structure in connection with the agri-tourism or other
commercial event or activity;
(F) Must be located on a tract of at least 10 acres unless the
owners or residents of adjoining properties consent, in writing,
to the location; and
(G) Must comply with applicable health and fire and life safety
requirements.
(c) In the alternative to paragraphs (a) and (b) of this
subsection, a county may authorize up to six agri-tourism or
other commercial events or activities on a tract in a calendar
year by a limited use permit that is personal to the applicant
and is not transferred by, or transferable with, a conveyance of
the tract. The agri-tourism or other commercial events or
activities must meet any local standards that apply, and the
agri-tourism or other commercial events or activities:
(A) Must be incidental and subordinate to existing farm use on
the tract;
(B) May not, individually, exceed a duration of 72 consecutive
hours;
(C) May not require that a new permanent structure be built,
used or occupied in connection with the agri-tourism or other
commercial events or activities;
(D) Must comply with ORS 215.296;
(E) May not, in combination with other agri-tourism or other
commercial events or activities authorized in the area,
materially alter the stability of the land use pattern in the
area; and
(F) Must comply with conditions established for:
(i) The types of agri-tourism or other commercial events or
activities that are authorized during each calendar year,
including the number and duration of the agri-tourism or other
commercial events and activities, the anticipated daily
attendance and the hours of operation;
(ii) The location of existing structures and the location of
proposed temporary structures to be used in connection with the
agri-tourism or other commercial events or activities;
(iii) The location of access and egress and parking facilities
to be used in connection with the agri-tourism or other
commercial events or activities;
(iv) Traffic management, including the projected number of
vehicles and any anticipated use of public roads; and
(v) Sanitation and solid waste.
(d) In addition to paragraphs (a) to (c) of this subsection, a
county may authorize agri-tourism or other commercial events or
activities that occur more frequently or for a longer period or
that do not otherwise comply with paragraphs (a) to (c) of this
subsection if the agri-tourism or other commercial events or
activities comply with any local standards that apply and the
agri-tourism or other commercial events or activities:
(A) Are incidental and subordinate to existing commercial farm
use of the tract and are necessary to support the commercial farm
uses or the commercial agricultural enterprises in the area;
(B) Comply with the requirements of paragraph (c)(C), (D), (E)
and (F) of this subsection;
(C) Occur on a lot or parcel that complies with the
acknowledged minimum lot or parcel size; and
(D) Do not exceed 18 events or activities in a calendar year.
(12) A holder of a permit authorized by a county under
subsection (11)(d) of this section must request review of the
permit at four-year intervals. Upon receipt of a request for
review, the county shall:
(a) Provide public notice and an opportunity for public comment
as part of the review process; and
(b) Limit its review to events and activities authorized by the
permit, conformance with conditions of approval required by the
permit and the standards established by subsection (11)(d) of
this section.
(13) For the purposes of subsection (11) of this section:
(a) A county may authorize the use of temporary structures
established in connection with the agri-tourism or other
commercial events or activities authorized under subsection (11)
of this section. However, the temporary structures must be
removed at the end of the agri-tourism or other event or
activity. The county may not approve an alteration to the land in
connection with an agri-tourism or other commercial event or
activity authorized under subsection (11) of this section,
including, but not limited to, grading, filling or paving.
(b) The county may issue the limited use permits authorized by
subsection (11)(c) of this section for two calendar years. When
considering an application for renewal, the county shall ensure
compliance with the provisions of subsection (11)(c) of this
section, any local standards that apply and conditions that apply
to the permit or to the agri-tourism or other commercial events
or activities authorized by the permit.
(c) The authorizations provided by subsection (11) of this
section are in addition to other authorizations that may be
provided by law, except that 'outdoor mass gathering' and ' other
gathering,' as those terms are used in ORS 197.015 (10)(d), do
not include agri-tourism or other commercial events and
activities.
SECTION 2. ORS 215.283, as amended by section 3, chapter 74,
Oregon Laws 2012, is amended to read:
215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
(a) Churches and cemeteries in conjunction with churches.
(b) The propagation or harvesting of a forest product.
(c) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
(d) A dwelling on real property used for farm use if the
dwelling is occupied by a relative of the farm operator or the
farm operator's spouse, which means a child, parent, stepparent,
grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator
does or will require the assistance of the relative in the
management of the farm use and the dwelling is located on the
same lot or parcel as the dwelling of the farm operator.
Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel
size requirements under ORS 215.780, if the owner of a dwelling
described in this paragraph obtains construction financing or
other financing secured by the dwelling and the secured party
forecloses on the dwelling, the secured party may also foreclose
on the homesite, as defined in ORS 308A.250, and the foreclosure
shall operate as a partition of the homesite to create a new
parcel.
(e) Subject to ORS 215.279, primary or accessory dwellings and
other buildings customarily provided in conjunction with farm
use.
(f) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (2)(a) or (b).
(g) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (2)(a) or (b).
(h) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(i) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
(j) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(k) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(L) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
{ - (m) Creation, restoration or enhancement of wetlands. - }
{ - (n) - } { + (m) + } A winery, as described in ORS
215.452 or 215.453.
{ - (o) - } { + (n) + } Farm stands if:
(A) The structures are designed and used for the sale of farm
crops or livestock grown on the farm operation, or grown on the
farm operation and other farm operations in the local
agricultural area, including the sale of retail incidental items
and fee-based activity to promote the sale of farm crops or
livestock sold at the farm stand if the annual sale of incidental
items and fees from promotional activity do not make up more than
25 percent of the total annual sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activity other than the sale of
farm crops or livestock and does not include structures for
banquets, public gatherings or public entertainment.
{ - (p) - } { + (o) + } Alteration, restoration or
replacement of a lawfully established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement:
(i) Is removed, demolished or converted to an allowable
nonresidential use within three months of the completion of the
replacement dwelling. A replacement dwelling may be sited on any
part of the same lot or parcel. A dwelling established under this
paragraph shall comply with all applicable siting standards.
However, the standards shall not be applied in a manner that
prohibits the siting of the dwelling. If the dwelling to be
replaced is located on a portion of the lot or parcel not zoned
for exclusive farm use, the applicant, as a condition of
approval, shall execute and record in the deed records for the
county where the property is located a deed restriction
prohibiting the siting of a dwelling on that portion of the lot
or parcel. The restriction imposed shall be irrevocable unless a
statement of release is placed in the deed records for the
county. The release shall be signed by the county or its designee
and state that the provisions of this paragraph regarding
replacement dwellings have changed to allow the siting of another
dwelling. The county planning director or the director's designee
shall maintain a record of the lots and parcels that do not
qualify for the siting of a new dwelling under the provisions of
this paragraph, including a copy of the deed restrictions and
release statements filed under this paragraph; and
(ii) For which the applicant has requested a deferred
replacement permit, is removed or demolished within three months
after the deferred replacement permit is issued. A deferred
replacement permit allows construction of the replacement
dwelling at any time. If, however, the established dwelling is
not removed or demolished within three months after the deferred
replacement permit is issued, the permit becomes void. The
replacement dwelling must comply with applicable building codes,
plumbing codes, sanitation codes and other requirements relating
to health and safety or to siting at the time of construction. A
deferred replacement permit may not be transferred, by sale or
otherwise, except by the applicant to the spouse or a child of
the applicant.
{ - (q) - } { + (p) + } A site for the takeoff and landing
of model aircraft, including such buildings or facilities as may
reasonably be necessary. Buildings or facilities shall not be
more than 500 square feet in floor area or placed on a permanent
foundation unless the building or facility preexisted the use
approved under this paragraph. The site shall not include an
aggregate surface or hard surface area unless the surface
preexisted the use approved under this paragraph. An owner of
property used for the purpose authorized in this paragraph may
charge a person operating the use on the property rent for the
property. An operator may charge users of the property a fee that
does not exceed the operator's cost to maintain the property,
buildings and facilities. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
{ - (r) - } { + (q) + } A facility for the processing of
farm crops, or the production of biofuel as defined in ORS
315.141, that is located on a farm operation that provides at
least one-quarter of the farm crops processed at the facility.
The building established for the processing facility shall not
exceed 10,000 square feet of floor area exclusive of the floor
area designated for preparation, storage or other farm use or
devote more than 10,000 square feet to the processing activities
within another building supporting farm uses. A processing
facility shall comply with all applicable siting standards but
the standards shall not be applied in a manner that prohibits the
siting of the processing facility.
{ - (s) - } { + (r) + } Fire service facilities providing
rural fire protection services.
{ - (t) - } { + (s) + } Irrigation reservoirs, canals,
delivery lines and those structures and accessory operational
facilities, not including parks or other recreational structures
and facilities, associated with a district as defined in ORS
540.505.
{ - (u) - } { + (t) + } Utility facility service lines.
Utility facility service lines are utility lines and accessory
facilities or structures that end at the point where the utility
service is received by the customer and that are located on one
or more of the following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has
been obtained; or
(C) The property to be served by the utility.
{ - (v) - } { + (u) + } Subject to the issuance of a
license, permit or other approval by the Department of
Environmental Quality under ORS 454.695, 459.205, 468B.050,
468B.053 or 468B.055, or in compliance with rules adopted under
ORS 468B.095, and as provided in ORS 215.246 to 215.251, the land
application of reclaimed water, agricultural or industrial
process water or biosolids for agricultural, horticultural or
silvicultural production, or for irrigation in connection with a
use allowed in an exclusive farm use zone under this chapter.
{ - (w) - } { + (v) + } 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.
{ - (x) - } { + (w) + } Dog training classes or testing
trials, which may be conducted outdoors or in preexisting farm
buildings, when:
(A) The number of dogs participating in training does not
exceed 10 dogs per training class and the number of training
classes to be held on-site does not exceed six per day; and
(B) The number of dogs participating in a testing trial does
not exceed 60 and the number of testing trials to be conducted
on-site is limited to four or fewer trials per calendar year.
(2) The following nonfarm uses may be established, subject to
the approval of the governing body or its designee in any area
zoned for exclusive farm use subject to ORS 215.296:
(a) Commercial activities that are in conjunction with farm
use, including the processing of farm crops into biofuel not
permitted under ORS 215.203 (2)(b)(K) or subsection
{ - (1)(r) - } { + (1)(q) + } of this section.
(b) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005 not
otherwise permitted under subsection (1)(f) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(c) Private parks, playgrounds, hunting and fishing preserves
and campgrounds. Subject to the approval of the county governing
body or its designee, a private campground may provide yurts for
overnight camping. No more than one-third or a maximum of 10
campsites, whichever is smaller, may include a yurt. The yurt
shall be located on the ground or on a wood floor with no
permanent foundation. Upon request of a county governing body,
the Land Conservation and Development Commission may provide by
rule for an increase in the number of yurts allowed on all or a
portion of the campgrounds in a county if the commission
determines that the increase will comply with the standards
described in ORS 215.296 (1). As used in this paragraph, 'yurt'
means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hookup or internal
cooking appliance.
(d) Parks and playgrounds. A public park may be established
consistent with the provisions of ORS 195.120.
(e) Community centers owned by a governmental agency or a
nonprofit community organization and operated primarily by and
for residents of the local rural community. A community center
authorized under this paragraph may provide services to veterans,
including but not limited to emergency and transitional shelter,
preparation and service of meals, vocational and educational
counseling and referral to local, state or federal agencies
providing medical, mental health, disability income replacement
and substance abuse services, only in a facility that is in
existence on January 1, 2006. The services may not include direct
delivery of medical, mental health, disability income replacement
or substance abuse services.
(f) Golf courses on land determined not to be high-value
farmland, as defined in ORS 195.300.
(g) Commercial utility facilities for the purpose of generating
power for public use by sale.
(h) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities.
A personal-use airport, as used in this section, means an
airstrip restricted, except for aircraft emergencies, to use by
the owner, and, on an infrequent and occasional basis, by invited
guests, and by commercial aviation activities in connection with
agricultural operations. No aircraft may be based on a
personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted
under this definition may be granted through waiver action by the
Oregon Department of Aviation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable rules of
the Oregon Department of Aviation.
(i) Home occupations as provided in ORS 215.448.
(j) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere
with accepted farming practices and is compatible with farm uses
described in ORS 215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These facilities are
intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means
the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(k) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit
has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(L) One manufactured dwelling or recreational vehicle, or the
temporary residential use of an existing building, in conjunction
with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of the
resident. Within three months of the end of the hardship, the
manufactured dwelling or recreational vehicle shall be removed or
demolished or, in the case of an existing building, the building
shall be removed, demolished or returned to an allowed
nonresidential use. The governing body or its designee shall
provide for periodic review of the hardship claimed under this
paragraph. A temporary residence approved under this paragraph is
not eligible for replacement under subsection { - (1)(p) - }
{ + (1)(o) + } of this section.
(m) Transmission towers over 200 feet in height.
(n)(A) Commercial dog boarding kennels; or
(B) Dog training classes or testing trials that cannot be
established under subsection { - (1)(x) - } { + (1)(w) + } of
this section.
(o) Residential homes as defined in ORS 197.660, in existing
dwellings.
(p) The propagation, cultivation, maintenance and harvesting of
aquatic species that are not under the jurisdiction of the State
Fish and Wildlife Commission or insect species. Insect species
shall not include any species under quarantine by the State
Department of Agriculture or the United States Department of
Agriculture. The county shall provide notice of all applications
under this paragraph to the State Department of Agriculture.
Notice shall be provided in accordance with the county's land use
regulations but shall be mailed at least 20 calendar days prior
to any administrative decision or initial public hearing on the
application.
(q) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(r) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(s) Improvement of public road and highway related facilities,
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
(t) A destination resort that is approved consistent with the
requirements of any statewide planning goal relating to the
siting of a destination resort.
(u) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(v) Operations for the extraction and bottling of water.
(w) Expansion of existing county fairgrounds and activities
directly relating to county fairgrounds governed by county fair
boards established pursuant to ORS 565.210.
(x) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
an urban growth boundary. As used in this paragraph:
(A) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(B) 'Local historical society' means the local historical
society recognized by the county governing body and organized
under ORS chapter 65.
(y) An aerial fireworks display business that has been in
continuous operation at its current location within an exclusive
farm use zone since December 31, 1986, and possesses a
wholesaler's permit to sell or provide fireworks.
(z) A landscape contracting business, as defined in ORS
671.520, or a business providing landscape architecture services,
as described in ORS 671.318, if the business is pursued in
conjunction with the growing and marketing of nursery stock on
the land that constitutes farm use.
(aa) Public or private schools for kindergarten through grade
12, including all buildings essential to the operation of a
school, primarily for residents of the rural area in which the
school is located.
{ + (bb) Creation, restoration or enhancement of
wetlands. + }
(3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm
use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.
(4) The following agri-tourism and other commercial events or
activities that are related to and supportive of agriculture may
be established in any area zoned for exclusive farm use:
(a) A county may authorize a single agri-tourism or other
commercial event or activity on a tract in a calendar year by an
authorization that is personal to the applicant and is not
transferred by, or transferable with, a conveyance of the tract,
if the agri-tourism or other commercial event or activity meets
any local standards that apply and:
(A) The agri-tourism or other commercial event or activity is
incidental and subordinate to existing farm use on the tract;
(B) The duration of the agri-tourism or other commercial event
or activity does not exceed 72 consecutive hours;
(C) The maximum attendance at the agri-tourism or other
commercial event or activity does not exceed 500 people;
(D) The maximum number of motor vehicles parked at the site of
the agri-tourism or other commercial event or activity does not
exceed 250 vehicles;
(E) The agri-tourism or other commercial event or activity
complies with ORS 215.296;
(F) The agri-tourism or other commercial event or activity
occurs outdoors, in temporary structures, or in existing
permitted structures, subject to health and fire and life safety
requirements; and
(G) The agri-tourism or other commercial event or activity
complies with conditions established for:
(i) Planned hours of operation;
(ii) Access, egress and parking;
(iii) A traffic management plan that identifies the projected
number of vehicles and any anticipated use of public roads; and
(iv) Sanitation and solid waste.
(b) In the alternative to paragraphs (a) and (c) of this
subsection, a county may authorize, through an expedited,
single-event license, a single agri-tourism or other commercial
event or activity on a tract in a calendar year by an expedited,
single-event license that is personal to the applicant and is not
transferred by, or transferable with, a conveyance of the tract.
A decision concerning an expedited, single-event license is not a
land use decision, as defined in ORS 197.015. To approve an
expedited, single-event license, the governing body of a county
or its designee must determine that the proposed agri-tourism or
other commercial event or activity meets any local standards that
apply, and the agri-tourism or other commercial event or
activity:
(A) Must be incidental and subordinate to existing farm use on
the tract;
(B) May not begin before 6 a.m. or end after 10 p.m.;
(C) May not involve more than 100 attendees or 50 vehicles;
(D) May not include the artificial amplification of music or
voices before 8 a.m. or after 8 p.m.;
(E) May not require or involve the construction or use of a new
permanent structure in connection with the agri-tourism or other
commercial event or activity;
(F) Must be located on a tract of at least 10 acres unless the
owners or residents of adjoining properties consent, in writing,
to the location; and
(G) Must comply with applicable health and fire and life safety
requirements.
(c) In the alternative to paragraphs (a) and (b) of this
subsection, a county may authorize up to six agri-tourism or
other commercial events or activities on a tract in a calendar
year by a limited use permit that is personal to the applicant
and is not transferred by, or transferable with, a conveyance of
the tract. The agri-tourism or other commercial events or
activities must meet any local standards that apply, and the
agri-tourism or other commercial events or activities:
(A) Must be incidental and subordinate to existing farm use on
the tract;
(B) May not, individually, exceed a duration of 72 consecutive
hours;
(C) May not require that a new permanent structure be built,
used or occupied in connection with the agri-tourism or other
commercial events or activities;
(D) Must comply with ORS 215.296;
(E) May not, in combination with other agri-tourism or other
commercial events or activities authorized in the area,
materially alter the stability of the land use pattern in the
area; and
(F) Must comply with conditions established for:
(i) The types of agri-tourism or other commercial events or
activities that are authorized during each calendar year,
including the number and duration of the agri-tourism or other
commercial events and activities, the anticipated daily
attendance and the hours of operation;
(ii) The location of existing structures and the location of
proposed temporary structures to be used in connection with the
agri-tourism or other commercial events or activities;
(iii) The location of access and egress and parking facilities
to be used in connection with the agri-tourism or other
commercial events or activities;
(iv) Traffic management, including the projected number of
vehicles and any anticipated use of public roads; and
(v) Sanitation and solid waste.
(d) In addition to paragraphs (a) to (c) of this subsection, a
county may authorize agri-tourism or other commercial events or
activities that occur more frequently or for a longer period or
that do not otherwise comply with paragraphs (a) to (c) of this
subsection if the agri-tourism or other commercial events or
activities comply with any local standards that apply and the
agri-tourism or other commercial events or activities:
(A) Are incidental and subordinate to existing commercial farm
use of the tract and are necessary to support the commercial farm
uses or the commercial agricultural enterprises in the area;
(B) Comply with the requirements of paragraph (c)(C), (D), (E)
and (F) of this subsection;
(C) Occur on a lot or parcel that complies with the
acknowledged minimum lot or parcel size; and
(D) Do not exceed 18 events or activities in a calendar year.
(5) A holder of a permit authorized by a county under
subsection (4)(d) of this section must request review of the
permit at four-year intervals. Upon receipt of a request for
review, the county shall:
(a) Provide public notice and an opportunity for public comment
as part of the review process; and
(b) Limit its review to events and activities authorized by the
permit, conformance with conditions of approval required by the
permit and the standards established by subsection (4)(d) of this
section.
(6) For the purposes of subsection (4) of this section:
(a) A county may authorize the use of temporary structures
established in connection with the agri-tourism or other
commercial events or activities authorized under subsection (4)
of this section. However, the temporary structures must be
removed at the end of the agri-tourism or other event or
activity. The county may not approve an alteration to the land in
connection with an agri-tourism or other commercial event or
activity authorized under subsection (4) of this section,
including, but not limited to, grading, filling or paving.
(b) The county may issue the limited use permits authorized by
subsection (4)(c) of this section for two calendar years. When
considering an application for renewal, the county shall ensure
compliance with the provisions of subsection (4)(c) of this
section, any local standards that apply and conditions that apply
to the permit or to the agri-tourism or other commercial events
or activities authorized by the permit.
(c) The authorizations provided by subsection (4) of this
section are in addition to other authorizations that may be
provided by law, except that 'outdoor mass gathering' and ' other
gathering,' as those terms are used in ORS 197.015 (10)(d), do
not include agri-tourism or other commercial events and
activities.
SECTION 3. ORS 496.270 is amended to read:
496.270. (1) The Legislative Assembly declares that it is the
policy of the State of Oregon to encourage { - operators,
timber owners and - } landowners to voluntarily improve fish and
wildlife habitat. In order to carry out this policy, the
Legislative Assembly encourages cooperation among
{ - operators, timber owners and - } landowners and
{ - other - } volunteers.
(2) Consistent with the limitations of ORS 105.672 to 105.696,
a landowner is not liable in contract or tort for any personal
injury { - , - } { + or + } death { - or property damage - }
that arises out of the use of the land by:
(a) A volunteer conducting a fish and wildlife habitat
improvement project; or
(b) A participant of a state-funded or federally funded
watershed or stream restoration or enhancement program.
{ - (3) An operator, timber owner or landowner shall not be
held liable for any damages resulting from: - }
{ - (a) A fish and wildlife habitat improvement project done
in cooperation and consultation with the State Department of Fish
and Wildlife or the Oregon Watershed Enhancement Board, or
conducted as part of a forest management practice in accordance
with ORS 527.610 to 527.770, 527.990 and 527.992; or - }
{ - (b) Leaving large woody debris within the waters of this
state to protect, retain and recruit large woody debris for the
purposes of fish habitat and water quality improvement. - }
{ - (4) - } { + (3) + } The limitations { - to - }
{ + on + } liability provided by
{ - subsections (2) and (3) - } { + subsection (2) + }of
this section do not apply if the { - damages, - } injury or
death was caused by willful, wanton or intentional conduct on the
part of the { - operator, timber owner or - } landowner or by
the gross negligence of the { - operator, timber owner or - }
landowner. As used in this subsection { + , + } 'gross
negligence' means negligence which is materially greater than the
mere absence of reasonable care under the circumstances, and
which is characterized by indifference to or reckless disregard
of the rights of others.
{ - (5) The limitation on liability provided by subsection
(3) of this section does not apply to claims for death or
personal injuries. - }
SECTION 4. ORS 271.715 is amended to read:
271.715. As used in ORS 271.715 to 271.795, unless the context
otherwise requires:
(1) 'Conservation easement' means a nonpossessory interest of a
holder in real property imposing limitations or affirmative
obligations the purposes of which include retaining or protecting
natural, scenic, or open space values of real property, ensuring
its availability for agricultural, forest, recreational, or open
space use, protecting natural resources, maintaining or enhancing
air or water quality, or preserving the historical,
architectural, archaeological, or cultural aspects of real
property. { +
(2) 'Eligible purchaser' means a public body, as defined in ORS
174.109, described in subsection (4)(a) of this section. + }
{ - (2) - } { + (3) + } 'Highway scenic preservation
easement' means a nonpossessory interest of a holder in real
property imposing limitations or affirmative obligations the
purposes of which include retaining or protecting natural, scenic
or open space values of property.
{ - (3) - } { + (4) + } 'Holder' means:
(a) The state, any county, metropolitan service district, soil
and water conservation district, city or park and recreation
district or a county service district established under ORS
451.410 to 451.610 to construct, maintain and operate service
facilities in Washington or Clackamas Counties for the purposes
specified in ORS 451.010 (1)(a) and (b) and in Washington County
for the purpose specified in ORS 451.010 (5) acting alone or in
cooperation with any federal or state agency, public corporation
or political subdivision;
(b) A charitable corporation, charitable association,
charitable trust, the purposes or powers of which include
retaining or protecting the natural, scenic, or open space values
of real property, assuring the availability of real property for
agricultural, forest, recreational, or open space use, protecting
natural resources, maintaining or enhancing air or water quality,
or preserving the historical, architectural, archaeological, or
cultural aspects of real property; or
(c) An Indian tribe as defined in ORS 97.740. { +
(5) 'Lawfully established unit of land' has the meaning given
that term in ORS 92.010. + }
{ - (4) - } { + (6) + } 'Third-party right of enforcement'
means a right provided in a conservation easement or highway
scenic preservation easement to enforce any of its terms granted
to a governmental body, charitable corporation, charitable
association or charitable trust, which, although eligible to be a
holder, is not a holder.
SECTION 5. ORS 271.725 is amended to read:
271.725. (1) { - The state, any county, metropolitan service
district, soil and water conservation district, city or park and
recreation district or a county service district established
under ORS 451.410 to 451.610 to construct, maintain and operate
service facilities in Washington or Clackamas Counties for the
purposes specified in ORS 451.010 (1)(a) and (b) and in
Washington County for the purpose specified in ORS 451.010
(5) - } { + An eligible purchaser + } may acquire by purchase,
agreement or donation, but not by exercise of the power of
eminent domain, unless specifically authorized by law,
conservation easements in any area within their respective
jurisdictions wherever and to the extent that { - a state
agency or the governing body of the county, metropolitan service
district, soil and water conservation district, city, park and
recreation district or county service district established under
ORS 451.410 to 451.610 to construct, maintain and operate service
facilities in Washington or Clackamas Counties for the purposes
specified in ORS 451.010 (1)(a) and (b) and in Washington County
for the purpose specified in ORS 451.010 (5) - } { + the
eligible purchaser + } determines that the acquisition will be in
the public interest.
(2) Except as otherwise provided in ORS 271.715 to 271.795, a
conservation easement or highway scenic preservation easement may
be created, conveyed, recorded, assigned, released, modified,
terminated, or otherwise altered or affected in the same manner
as other easements.
(3) The { - state, any county, metropolitan service district,
soil and water conservation district, city or park and recreation
district or a county service district established under ORS
451.410 to 451.610 to construct, maintain and operate service
facilities in Washington or Clackamas Counties for the purposes
specified in ORS 451.010 (1)(a) and (b) and in Washington County
for the purpose specified in ORS 451.010 (5) - } { + eligible
purchaser + } may acquire by purchase, agreement or donation, but
not by exercise of the power of eminent domain unless
specifically authorized by law, highway scenic preservation
easements in land within 100 yards of state, county or city
highway rights of way. These easements may be acquired only in
lands that possess significant scenic value in themselves and
contribute to the overall scenic beauty of the highway.
{ + (4) The eligible purchaser may not pay more for a
conservation easement than five percent of the fair market value
of the portion of the lawfully established unit of land,
including improvements in the portion of the lawfully established
unit of land, in which the easement is granted plus the cost, up
to $1,000, for an appraisal provided to the county assessor
pursuant to ORS 271.729. + }
{ - (4) - } { + (5) + } { - No - } { + Any + } right or
duty in favor of or against a holder and { - no - }
{ + any + } right in favor of a person having a third-party
right of enforcement { + that + } arises under a conservation
easement or highway scenic preservation easement { - before its
acceptance by the holder and recordation of the acceptance - }
{ + arises only after the holder accepts the right or duty and
causes the acceptance to be recorded + }.
{ - (5) - } { + (6) + } Except as provided in ORS 271.755
(2) a conservation easement or highway scenic preservation
easement is unlimited in duration unless the instrument creating
it otherwise provides.
{ - (6) - } { + (7) + } An interest in real property in
existence at the time a conservation easement or highway scenic
preservation easement is created is not impaired by it unless the
owner of the interest is a party to or consents to the
conservation easement or highway scenic preservation easement.
SECTION 6. ORS 271.729 is amended to read:
271.729. (1) An owner of real property considering whether to
convey a conservation easement or a highway scenic preservation
easement to { - a holder - } { + an eligible purchaser + }
may apply to the county assessor for a report on the effect of
the conveyance of the easement on the assessed value of the
property upon which the easement is to be granted.
(2) The request for the report shall be made in writing to the
assessor and shall be accompanied by:
(a) An appraisal of the property prepared by an appraiser
certified or licensed under ORS chapter 674. The appraisal shall
have been prepared within three months preceding the date that
application is made to the assessor and shall state the
appraiser's opinion of the real market value of the property both
before and after the easement is conveyed;
(b) A copy of the instrument creating the easement; and
(c) A fee in an amount determined by the assessor, as
reimbursement for the costs of preparing the report.
(3) Upon receipt of a completed application, the assessor shall
determine what the assessed value for the property would have
been had the easement been accepted and recorded by the
{ - proposed holder - } { + eligible purchaser + } for the
last tax year in which a property tax statement described in ORS
311.250 was sent to the property owner. The assessor shall
prepare a written report stating the assessor's findings and
shall send the report to the property owner.
SECTION 7. ORS 215.203, as amended by section 1, chapter 74,
Oregon Laws 2012, 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, storage and disposal by marketing or
otherwise of the products or by-products raised on such land for
human or animal use. '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, bird and
animal species that are under the jurisdiction of the State Fish
and Wildlife Commission, to the extent allowed by the rules
adopted by the commission. 'Farm use' includes the on-site
construction and maintenance of equipment and facilities used for
the activities described in this subsection. 'Farm use' 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 (3) or 321.824 (3).
(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) Except for land under a single family dwelling, land under
buildings supporting accepted farm practices, including the
processing facilities allowed by ORS 215.213 { - (1)(u) - }
{ + (1)(t) + } and 215.283 { - (1)(r) - } { + (1)(q) + } and
the processing of farm crops into biofuel as commercial
activities in conjunction with farm use under ORS 215.213 (2)(c)
and 215.283 (2)(a);
(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 (3) or 321.824 (3);
and
(K) Land used for the processing of farm crops into biofuel, as
defined in ORS 315.141, if:
(i) Only the crops of the landowner are being processed;
(ii) The biofuel from all of the crops purchased for processing
into biofuel is used on the farm of the landowner; or
(iii) The landowner is custom processing crops into biofuel
from other landowners in the area for their use or sale.
(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 marketable species;
(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 8. ORS 215.246 is amended to read:
215.246. (1) The uses allowed under ORS 215.213
{ - (1)(y) - } { + (1)(x) + } and 215.283 { - (1)(v) - }
{ + (1)(u) + }:
(a) Require a determination by the Department of Environmental
Quality, in conjunction with the department's review of a
license, permit or approval, that the application rates and site
management practices for the land application of reclaimed water,
agricultural or industrial process water or biosolids ensure
continued agricultural, horticultural or silvicultural production
and do not reduce the productivity of the tract.
(b) Are not subject to other provisions of ORS 215.213 or
215.283 or to the provisions of ORS 215.275 or 215.296.
(2) The use of a tract of land on which the land application of
reclaimed water, agricultural or industrial process water or
biosolids has occurred under this section may not be changed to
allow a different use unless:
(a) The tract is included within an acknowledged urban growth
boundary;
(b) The tract is rezoned to a zone other than an exclusive farm
use zone;
(c) The different use of the tract is a farm use as defined in
ORS 215.203; or
(d) The different use of the tract is a use allowed under:
(A) ORS 215.213 (1)(b), (d) to (f), (i) to (n), { - (p) to
(r), (u), (w) or (x) - } { + (o) to (q), (t), (v) or (w) + };
(B) ORS 215.213 (2)(a) to (c), (i), (m) { + , + } { - or - }
(p) to (r) { + or (z) + };
(C) ORS 215.213 (11);
(D) ORS 215.283 (1)(b), (d), (e), (h) to (L), { - (n) to (p),
(r), (t) or (u) - } { + (m) to (o), (q), (s) or (t) + };
(E) ORS 215.283 (2)(a), (j), (L) { + , + } { - or - } (p) to
(s) { + or (bb) + }; or
(F) ORS 215.283 (4).
(3) When a state agency or a local government makes a land use
decision relating to the land application of reclaimed water,
agricultural or industrial process water or biosolids under a
license, permit or approval by the Department of Environmental
Quality, the applicant shall explain in writing how alternatives
identified in public comments on the land use decision were
considered and, if the alternatives are not used, explain in
writing the reasons for not using the alternatives. The applicant
must consider only those alternatives that are identified with
sufficient specificity to afford the applicant an adequate
opportunity to consider the alternatives. A land use decision
relating to the land application of reclaimed water, agricultural
or industrial process water or biosolids may not be reversed or
remanded under this subsection unless the applicant failed to
consider identified alternatives or to explain in writing the
reasons for not using the alternatives.
(4) The uses allowed under this section include:
(a) The treatment of reclaimed water, agricultural or
industrial process water or biosolids that occurs as a result of
the land application;
(b) The establishment and use of facilities, including
buildings, equipment, aerated and nonaerated water impoundments,
pumps and other irrigation equipment, that are accessory to and
reasonably necessary for the land application to occur on the
subject tract;
(c) The establishment and use of facilities, including
buildings and equipment, that are not on the tract on which the
land application occurs for the transport of reclaimed water,
agricultural or industrial process water or biosolids to the
tract on which the land application occurs if the facilities are
located within:
(A) A public right of way; or
(B) Other land if the landowner provides written consent and
the owner of the facility complies with ORS 215.275 (4); and
(d) The transport by vehicle of reclaimed water or agricultural
or industrial process water to a tract on which the water will be
applied to land.
(5) Uses not allowed under this section include:
(a) The establishment and use of facilities, including
buildings or equipment, for the treatment of reclaimed water,
agricultural or industrial process water or biosolids other than
those treatment facilities related to the treatment that occurs
as a result of the land application; or
(b) The establishment and use of utility facility service lines
allowed under ORS 215.213 { - (1)(x) - } { + (1)(w) + } or
215.283
{ - (1)(u) - } { + (1)(t) + }.
SECTION 9. ORS 215.249 is amended to read:
215.249. Notwithstanding ORS 215.263, the governing body of a
county or its designee may not approve a proposed division of
land in an exclusive farm use zone for the land application of
reclaimed water, agricultural or industrial process water or
biosolids described in ORS 215.213 { - (1)(y) - }
{ + (1)(x) + } or 215.283
{ - (1)(v) - } { + (1)(u) + }.
SECTION 10. ORS 215.251 is amended to read:
215.251. Nothing in ORS 215.213 { - (1)(y) - } { +
(1)(x) + }, 215.246 to 215.249 or 215.283 { - (1)(v) - }
{ + (1)(u) + } affects whether the land application of a
substance not described in ORS 215.213 { - (1)(y) - } { +
(1)(x) + }, 215.246 to 215.249 or 215.283 { - (1)(v) - }
{ + (1)(u) + } is a farm use as defined in ORS 215.203.
SECTION 11. ORS 215.263 is amended to read:
215.263. (1) Any proposed division of land included within an
exclusive farm use zone resulting in the creation of one or more
parcels of land shall be reviewed and approved or disapproved by
the governing body or its designee of the county in which the
land is situated. The governing body of a county by ordinance
shall require prior review and approval for divisions of land
within exclusive farm use zones established within the county.
(2) The governing body of a county or its designee may approve
a proposed division of land to create parcels for farm use as
defined in ORS 215.203 if it finds:
(a) That the proposed division of land is appropriate for the
continuation of the existing commercial agricultural enterprise
within the area; or
(b) The parcels created by the proposed division are not
smaller than the minimum size established under ORS 215.780.
(3) The governing body of a county or its designee may approve
a proposed division of land in an exclusive farm use zone for
nonfarm uses, except dwellings, set out in ORS 215.213 (2) or
215.283 (2) if it finds that the parcel for the nonfarm use is
not larger than the minimum size necessary for the use. The
governing body may establish other criteria as it considers
necessary.
(4) In western Oregon, as defined in ORS 321.257, but not in
the Willamette Valley, as defined in ORS 215.010, the governing
body of a county or its designee:
(a) May approve a division of land in an exclusive farm use
zone to create up to two new parcels smaller than the minimum
size established under ORS 215.780, each to contain a dwelling
not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.213
(3) or 215.284 (2) or (3);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that complies with the minimum size established
under ORS 215.780;
(D) The remainder of the original lot or parcel that does not
contain the nonfarm dwellings complies with the minimum size
established under ORS 215.780; and
(E) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(b) May approve a division of land in an exclusive farm use
zone to divide a lot or parcel into two parcels, each to contain
one dwelling not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(2) or (3);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that is equal to or smaller than the minimum size
established under ORS 215.780 but equal to or larger than 40
acres;
(D) The parcels for the nonfarm dwellings are:
(i) Not capable of producing more than at least 50 cubic feet
per acre per year of wood fiber; and
(ii) Composed of at least 90 percent Class VI through VIII
soils;
(E) The parcels for the nonfarm dwellings do not have
established water rights for irrigation; and
(F) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(5) In eastern Oregon, as defined in ORS 321.805, the governing
body of a county or its designee:
(a) May approve a division of land in an exclusive farm use
zone to create up to two new parcels smaller than the minimum
size established under ORS 215.780, each to contain a dwelling
not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(7);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that complies with the minimum size established
under ORS 215.780;
(D) The remainder of the original lot or parcel that does not
contain the nonfarm dwellings complies with the minimum size
established under ORS 215.780; and
(E) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(b) May approve a division of land in an exclusive farm use
zone to divide a lot or parcel into two parcels, each to contain
one dwelling not provided in conjunction with farm use if:
(A) The nonfarm dwellings have been approved under ORS 215.284
(7);
(B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
(C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that is equal to or smaller than the minimum size
established under ORS 215.780 but equal to or larger than 40
acres;
(D) The parcels for the nonfarm dwellings are:
(i) Not capable of producing more than at least 20 cubic feet
per acre per year of wood fiber; and
(ii) Either composed of at least 90 percent Class VII and VIII
soils, or composed of at least 90 percent Class VI through VIII
soils and are not capable of producing adequate herbaceous forage
for grazing livestock. The Land Conservation and Development
Commission, in cooperation with the State Department of
Agriculture and other interested persons, may establish by rule
objective criteria for identifying units of land that are not
capable of producing adequate herbaceous forage for grazing
livestock. In developing the criteria, the commission shall use
the latest information from the United States Natural Resources
Conservation Service and consider costs required to utilize
grazing lands that differ in acreage and productivity level;
(E) The parcels for the nonfarm dwellings do not have
established water rights for irrigation; and
(F) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
(6) This section does not apply to the creation or sale of
cemetery lots, if a cemetery is within the boundaries designated
for a farm use zone at the time the zone is established.
(7) This section does not apply to divisions of land resulting
from lien foreclosures or divisions of land resulting from
foreclosure of recorded contracts for the sale of real property.
(8) The governing body of a county may not approve any proposed
division of a lot or parcel described in ORS 215.213 (1)(d) or
(i), 215.283 (1)(d) or (2)(L) or 215.284 (1), or a proposed
division that separates a processing facility from the farm
operation specified in ORS 215.213 { - (1)(u) - }
{ + (1)(t) + } or 215.283
{ - (1)(r) - } { + (1)(q) + }.
(9) The governing body of a county may approve a proposed
division of land in an exclusive farm use zone to create a parcel
with an existing dwelling to be used:
(a) As a residential home as described in ORS 197.660 (2) only
if the dwelling has been approved under ORS 215.213 (3) or
215.284 (1), (2), (3), (4) or (7); and
(b) For historic property that meets the requirements of ORS
215.213 (1)(n) and 215.283 (1)(L).
(10)(a) Notwithstanding ORS 215.780, the governing body of a
county or its designee may approve a proposed division of land
provided:
(A) The land division is for the purpose of allowing a provider
of public parks or open space, or a not-for-profit land
conservation organization, to purchase at least one of the
resulting parcels; and
(B) A parcel created by the land division that contains a
dwelling is large enough to support continued residential use of
the parcel.
(b) A parcel created pursuant to this subsection that does not
contain a dwelling:
(A) Is not eligible for siting a dwelling, except as may be
authorized under ORS 195.120;
(B) May not be considered in approving or denying an
application for siting any other dwelling;
(C) May not be considered in approving a redesignation or
rezoning of forestlands except for a redesignation or rezoning to
allow a public park, open space or other natural resource use;
and
(D) May not be smaller than 25 acres unless the purpose of the
land division is:
(i) To facilitate the creation of a wildlife or pedestrian
corridor or the implementation of a wildlife habitat protection
plan; or
(ii) To allow a transaction in which at least one party is a
public park or open space provider, or a not-for-profit land
conservation organization, that has cumulative ownership of at
least 2,000 acres of open space or park property.
(11) The governing body of a county or its designee may approve
a division of land smaller than the minimum lot or parcel size
described in ORS 215.780 (1) and (2) in an exclusive farm use
zone provided:
(a) The division is for the purpose of establishing a church,
including cemeteries in conjunction with the church;
(b) The church has been approved under ORS 215.213 (1) or
215.283 (1);
(c) The newly created lot or parcel is not larger than five
acres; and
(d) The remaining lot or parcel, not including the church,
meets the minimum lot or parcel size described in ORS 215.780 (1)
and (2) either by itself or after it is consolidated with another
lot or parcel.
(12) Notwithstanding the minimum lot or parcel size described
in ORS 215.780 (1) or (2), the governing body of a county or its
designee may approve a proposed division of land in an exclusive
farm use zone for the nonfarm uses set out in ORS 215.213
{ - (1)(v) - } { + (1)(u) + } or 215.283 { - (1)(s) - }
{ + (1)(r) + } if it finds that the parcel for the nonfarm use
is not larger than the minimum size necessary for the use. The
governing body may establish other criteria as it considers
necessary.
(13) The governing body of a county may not approve a division
of land for nonfarm use under subsection (3), (4), (5), (9),
(10), (11) or (12) of this section unless any additional tax
imposed for the change in use has been paid.
(14) Parcels used or to be used for training or stabling
facilities may not be considered appropriate to maintain the
existing commercial agricultural enterprise in an area where
other types of agriculture occur.
SECTION 12. ORS 215.304, as amended by section 4, chapter 74,
Oregon Laws 2012, is amended to read:
215.304. (1) The Land Conservation and Development Commission
shall not adopt or implement any rule to identify or designate
small-scale farmland or secondary land.
(2) Amendments required to conform rules to the provisions of
subsection (1) of this section and ORS 215.700 to 215.780 shall
be adopted by March 1, 1994.
(3) Any portion of a rule inconsistent with the provisions of
ORS 197.247 (1991 Edition), 215.213, 215.214 (1991 Edition),
215.288 (1991 Edition), 215.317, 215.327 and 215.337 (1991
Edition) or 215.700 to 215.780 on March 1, 1994:
(a) Shall not be implemented or enforced; and
(b) Has no legal effect.
(4) Notwithstanding subsection (3) of this section, the uses
authorized by ORS 215.283 { - (1)(x) - } { + (1)(w) + } or
(2)(n) may be established on land in exclusive farm use zones,
including high-value farmland.
SECTION 13. ORS 215.417 is amended to read:
215.417. (1) If a permit is approved under ORS 215.416 for a
proposed residential development on agricultural or forest land
outside of an urban growth boundary under ORS 215.010 to 215.293
or 215.317 to 215.438 or under county legislation or regulation,
the permit shall be valid for four years.
(2) An extension of a permit described in subsection (1) of
this section shall be valid for two years.
(3) For the purposes of this section, 'residential development'
only includes the dwellings provided for under ORS 215.213
{ - (1)(q) - } { + (1)(p) + }, (3) and (4), 215.283
{ - (1)(p) - } { + (1)(o) + }, 215.284, 215.317, 215.705 (1)
to (3), 215.720, 215.740, 215.750 and 215.755 (1) and (3).
SECTION 14. ORS 215.452, as amended by section 3, chapter 679,
Oregon Laws 2011, is amended to read:
215.452. (1) A winery may be established as a permitted use
under ORS 215.213 { - (1)(p) - } { + (1)(o) + } and 215.283
{ - (1)(n) - } { + (1)(m) + } in an area zoned for exclusive
farm use if the winery produces wine with a maximum annual
production of:
(a) Less than 50,000 gallons and:
(A) Owns an on-site vineyard of at least 15 acres;
(B) Owns a contiguous vineyard of at least 15 acres;
(C) Has a long-term contract for the purchase of all of the
grapes from at least 15 acres of a vineyard contiguous to the
winery; or
(D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph; or
(b) At least 50,000 gallons and the winery:
(A) Owns an on-site vineyard of at least 40 acres;
(B) Owns a contiguous vineyard of at least 40 acres;
(C) Has a long-term contract for the purchase of all of the
grapes from at least 40 acres of a vineyard contiguous to the
winery; or
(D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph.
(2) A winery described in subsection (1) of this section may:
(a) Market and sell wine produced in conjunction with the
winery, including the following activities:
(A) Wine tours;
(B) Wine tastings in a tasting room or other location at the
winery;
(C) Wine clubs; and
(D) Similar activities conducted for the primary purpose of
promoting wine produced in conjunction with the winery;
(b) Market and sell items directly related to the sale or
promotion of wine produced in conjunction with the winery, the
marketing and sale of which is incidental to retail sale of wine
on-site, including food and beverages served by a limited service
restaurant, as defined in ORS 624.010; and
(c) Provide services, including private events, hosted by the
winery or patrons of the winery, at which wine produced in
conjunction with the winery is featured, that:
(A) Are directly related to the sale or promotion of wine
produced in conjunction with the winery;
(B) Are incidental to the retail sale of wine on-site; and
(C) Are limited to 25 days or fewer in a calendar year.
(3)(a) The gross income of the winery from the sale of
incidental items pursuant to subsection (2)(b) of this section
and services provided pursuant to subsection (2)(c) of this
section may not exceed 25 percent of the gross income from the
on-site retail sale of wine produced in conjunction with the
winery.
(b) At the request of a local government with land use
jurisdiction over the site of a winery, the winery shall submit
to the local government a written statement, prepared by a
certified public accountant, that certifies compliance with
paragraph (a) of this subsection for the previous tax year.
(4) A winery operating under this section shall provide parking
for all activities or uses of the lot, parcel or tract on which
the winery is established.
(5) Prior to the issuance of a permit to establish a winery
under this section, the applicant shall show that vineyards
described in subsection (1) of this section have been planted or
that the contract has been executed, as applicable.
(6) A local government shall adopt findings for each of the
standards described in this subsection. Standards imposed on the
siting of a winery shall be limited solely to each of the
following for the sole purpose of limiting demonstrated conflicts
with accepted farming or forest practices on adjacent lands:
(a) Establishment of a setback of at least 100 feet from all
property lines for the winery and all public gathering places;
and
(b) Provision of direct road access and internal circulation.
(7) A local government shall apply:
(a) Local criteria regarding floodplains, geologic hazards, the
Willamette River Greenway, solar access and airport safety;
(b) Regulations for the public health and safety; and
(c) Regulations for resource protection acknowledged to comply
with any statewide goal respecting open spaces, scenic and
historic areas and natural resources.
(8)(a) A local government may issue a permit for a winery
operating under this section to host outdoor concerts for which
admission is charged, facility rentals or celebratory events if
the local government issued permits to wineries operating under
this section in similar circumstances before August 2, 2011.
(b) A local government may not issue a permit for a winery
operating under this section to host outdoor concerts for which
admission is charged, facility rentals or celebratory events if
the local government did not issue permits to wineries operating
under this section in similar circumstances before August 2,
2011.
(9) As used in this section, 'private events' includes, but is
not limited to, facility rentals and celebratory gatherings.
SECTION 15. ORS 215.452, as amended by sections 3 and 3a,
chapter 679, Oregon Laws 2011, is amended to read:
215.452. (1) A winery may be established as a permitted use
under ORS 215.213 { - (1)(p) - } { + (1)(o) + } and 215.283
{ - (1)(n) - } { + (1)(m) + } in an area zoned for exclusive
farm use if the winery produces wine with a maximum annual
production of:
(a) Less than 50,000 gallons and:
(A) Owns an on-site vineyard of at least 15 acres;
(B) Owns a contiguous vineyard of at least 15 acres;
(C) Has a long-term contract for the purchase of all of the
grapes from at least 15 acres of a vineyard contiguous to the
winery; or
(D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph; or
(b) At least 50,000 gallons and the winery:
(A) Owns an on-site vineyard of at least 40 acres;
(B) Owns a contiguous vineyard of at least 40 acres;
(C) Has a long-term contract for the purchase of all of the
grapes from at least 40 acres of a vineyard contiguous to the
winery; or
(D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph.
(2) A winery described in subsection (1) of this section may:
(a) Market and sell wine produced in conjunction with the
winery, including the following activities:
(A) Wine tours;
(B) Wine tastings in a tasting room or other location at the
winery;
(C) Wine clubs; and
(D) Similar activities conducted for the primary purpose of
promoting wine produced in conjunction with the winery; and
(b) Market and sell items directly related to the sale or
promotion of wine produced in conjunction with the winery, the
marketing and sale of which is incidental to retail sale of wine
on-site, including food and beverages served by a limited service
restaurant, as defined in ORS 624.010.
(3) A winery operating under this section shall provide parking
for all activities or uses of the lot, parcel or tract on which
the winery is established.
(4) Prior to the issuance of a permit to establish a winery
under this section, the applicant shall show that vineyards
described in subsection (1) of this section have been planted or
that the contract has been executed, as applicable.
(5) A local government shall adopt findings for each of the
standards described in this subsection. Standards imposed on the
siting of a winery shall be limited solely to each of the
following for the sole purpose of limiting demonstrated conflicts
with accepted farming or forest practices on adjacent lands:
(a) Establishment of a setback of at least 100 feet from all
property lines for the winery and all public gathering places;
and
(b) Provision of direct road access and internal circulation.
(6) A local government shall apply:
(a) Local criteria regarding floodplains, geologic hazards, the
Willamette River Greenway, solar access and airport safety;
(b) Regulations for the public health and safety; and
(c) Regulations for resource protection acknowledged to comply
with any statewide goal respecting open spaces, scenic and
historic areas and natural resources.
(7)(a) A local government may issue a permit for a winery
operating under this section to host outdoor concerts for which
admission is charged, facility rentals or celebratory events if
the local government issued permits to wineries operating under
this section in similar circumstances before August 2, 2011.
(b) A local government may not issue a permit for a winery
operating under this section to host outdoor concerts for which
admission is charged, facility rentals or celebratory events if
the local government did not issue permits to wineries operating
under this section in similar circumstances before August 2,
2011.
SECTION 16. ORS 215.453, as amended by section 5a, chapter 679,
Oregon Laws 2011, is amended to read:
215.453. (1) A winery may be established as a permitted use
under ORS 215.213 { - (1)(p) - } { + (1)(o) + } or 215.283
{ - (1)(n) - } { + (1)(m) + } in an area zoned for exclusive
farm use if:
(a) The winery owns and is sited on a tract of 80 acres or
more, at least 50 acres of which is a vineyard;
(b) The winery owns at least 80 additional acres of planted
vineyards in Oregon that need not be contiguous to the acreage
described in paragraph (a) of this subsection; and
(c) The winery has produced annually, at the same or a
different location, at least 150,000 gallons of wine in at least
three of the five calendar years before the winery is established
under this section.
(2) A winery described in subsection (1) of this section may:
(a) Market and sell wine produced in conjunction with the
winery, including the following activities:
(A) Wine tours;
(B) Wine tastings in a tasting room or other location at the
winery;
(C) Wine clubs; and
(D) Similar activities conducted for the primary purpose of
promoting wine produced in conjunction with the winery;
(b) Market and sell items directly related to the sale or
promotion of wine produced in conjunction with the winery, the
marketing and sale of which is incidental to retail sale of wine
on-site, including food and beverages served by a limited service
restaurant, as defined in ORS 624.010, wine not produced in
conjunction with the winery and gifts; and
(c) Provide services, including private events, hosted by the
winery or patrons of the winery, at which wine produced in
conjunction with the winery is featured, that:
(A) Are directly related to the sale or promotion of wine
produced in conjunction with the winery;
(B) Are incidental to the retail sale of wine on-site; and
(C) Are limited to 25 days or fewer in a calendar year.
(3)(a) The gross income of the winery from the sale of
incidental items pursuant to subsection (2)(b) of this section
and services provided pursuant to subsection (2)(c) of this
section may not exceed 25 percent of the gross income from the
on-site retail sale of wine produced in conjunction with the
winery.
(b) At the request of a local government with land use
jurisdiction over the site of a winery, the winery shall submit
to the local government a written statement, prepared by a
certified public accountant, that certifies compliance with
paragraph (a) of this subsection for the previous tax year.
(4) A winery operating under this section:
(a) Shall provide parking for all activities or uses of the
lot, parcel or tract on which the winery is established.
(b) May operate a restaurant, as defined in ORS 624.010, in
which food is prepared for consumption on the premises of the
winery.
(5)(a) A winery shall obtain a permit from the local government
if the winery operates a restaurant that is open to the public
for more than 25 days in a calendar year or provides for private
events occurring on more than 25 days in a calendar year.
(b) In addition to any other requirements, a local government
may approve a permit application under this subsection if the
local government finds that the authorized activity:
(A) Complies with the standards described in ORS 215.296;
(B) Is incidental and subordinate to the retail sale of wine
produced in conjunction with the winery; and
(C) Does not materially alter the stability of the land use
pattern in the area.
(c) If the local government issues a permit under this
subsection for private events, the local government shall review
the permit at least once every five years and, if appropriate,
may renew the permit.
(6) A person may not have a substantial ownership interest in
more than one winery operating a restaurant under this section.
(7) Prior to the issuance of a permit to establish a winery
under this section, the applicant shall show that vineyards
described in subsection (1) of this section have been planted.
(8) A local government shall require a winery operating under
this section to provide for:
(a) Establishment of a setback of at least 100 feet from all
property lines for the winery and all public gathering places;
and
(b) Direct road access and internal circulation.
(9) A local government shall apply:
(a) Local criteria regarding floodplains, geologic hazards, the
Willamette River Greenway, solar access and airport safety;
(b) Regulations for the public health and safety; and
(c) Regulations for resource protection acknowledged to comply
with any statewide goal respecting open spaces, scenic and
historic areas and natural resources.
(10) The local government may authorize a winery described in
subsection (1) of this section to sell or deliver items or
provide services not described in subsection (2)(b) or (c) or (3)
of this section under the criteria for a commercial activity in
conjunction with farm use under ORS 215.213 (2)(c) or 215.283
(2)(a).
(11)(a) A local government may issue a permit for a winery
operating under this section to host outdoor concerts for which
admission is charged, facility rentals or celebratory events if
the local government issued permits to wineries operating under
this section in similar circumstances before August 2, 2011.
(b) A local government may not issue a permit for a winery
operating under this section to host outdoor concerts for which
admission is charged, facility rentals or celebratory events if
the local government did not issue permits to wineries operating
under this section in similar circumstances before August 2,
2011.
(12) As used in this section, 'private events' includes, but is
not limited to, facility rentals and celebratory gatherings.
SECTION 17. ORS 215.780 is amended to read:
215.780. (1) Except as provided in subsection (2) of this
section, the following minimum lot or parcel sizes apply to all
counties:
(a) For land zoned for exclusive farm use and not designated
rangeland, at least 80 acres;
(b) For land zoned for exclusive farm use and designated
rangeland, at least 160 acres; and
(c) For land designated forestland, at least 80 acres.
(2) A county may adopt a lower minimum lot or parcel size than
that described in subsection (1) of this section in any of the
following circumstances:
(a) By demonstrating to the Land Conservation and Development
Commission that it can do so while continuing to meet the
requirements of ORS 215.243 and 527.630 and the land use planning
goals adopted under ORS 197.230.
(b) To allow the establishment of a parcel for a dwelling on
land zoned for forest use or mixed farm and forest use, subject
to the following requirements:
(A) The parcel established shall not be larger than five acres,
except as necessary to recognize physical factors such as roads
or streams, in which case the parcel shall be no larger than 10
acres;
(B) The dwelling existed prior to June 1, 1995;
(C)(i) The remaining parcel, not containing the dwelling, meets
the minimum land division standards of the zone; or
(ii) The remaining parcel, not containing the dwelling, is
consolidated with another parcel, and together the parcels meet
the minimum land division standards of the zone; and
(D) The remaining parcel, not containing the dwelling, is not
entitled to a dwelling unless subsequently authorized by law or
goal.
(c) In addition to the requirements of paragraph (b) of this
subsection, if the land is zoned for mixed farm and forest use
the following requirements apply:
(A) The minimum tract eligible under paragraph (b) of this
subsection is 40 acres.
(B) The tract shall be predominantly in forest use and that
portion in forest use qualified for special assessment under a
program under ORS chapter 321.
(C) The remainder of the tract shall not qualify for any uses
allowed under ORS 215.213 and 215.283 that are not allowed on
forestland.
(d) To allow a division of forestland to facilitate a forest
practice as defined in ORS 527.620 that results in a parcel that
does not meet the minimum area requirements of subsection (1)(c)
of this section or paragraph (a) of this subsection. Parcels
created pursuant to this subsection:
(A) Shall not be eligible for siting of a new dwelling;
(B) Shall not serve as the justification for the siting of a
future dwelling on other lots or parcels;
(C) Shall not, as a result of the land division, be used to
justify redesignation or rezoning of resource lands;
(D) Shall not result in a parcel of less than 35 acres, except:
(i) Where the purpose of the land division is to facilitate an
exchange of lands involving a governmental agency; or
(ii) Where the purpose of the land division is to allow
transactions in which at least one participant is a person with a
cumulative ownership of at least 2,000 acres of forestland; and
(E) If associated with the creation of a parcel where a
dwelling is involved, shall not result in a parcel less than the
minimum lot or parcel size of the zone.
(e) To allow a division of a lot or parcel zoned for forest use
or mixed farm and forest use under a statewide planning goal
protecting forestland if:
(A) At least two dwellings lawfully existed on the lot or
parcel prior to November 4, 1993;
(B) Each dwelling complies with the criteria for a replacement
dwelling under ORS 215.213 { - (1)(q) - } { + (1)(p) + } or
215.283
{ - (1)(p) - } { + (1)(o) + };
(C) Except for one lot or parcel, each lot or parcel created
under this paragraph is between two and five acres in size;
(D) At least one dwelling is located on each lot or parcel
created under this paragraph; and
(E) The landowner of a lot or parcel created under this
paragraph provides evidence that a restriction prohibiting the
landowner and the landowner's successors in interest from further
dividing the lot or parcel has been recorded with the county
clerk of the county in which the lot or parcel is located. A
restriction imposed under this paragraph shall be irrevocable
unless a statement of release is signed by the county planning
director of the county in which the lot or parcel is located
indicating that the comprehensive plan or land use regulations
applicable to the lot or parcel have been changed so that the lot
or parcel is no longer subject to statewide planning goals
protecting forestland or unless the land division is subsequently
authorized by law or by a change in a statewide planning goal for
land zoned for forest use or mixed farm and forest use.
(f) To allow a proposed division of land in a forest zone or a
mixed farm and forest zone as provided in ORS 215.783.
(3) A county planning director shall maintain a record of lots
and parcels that do not qualify for division under the
restrictions imposed under subsections (2)(e) and (4) of this
section. The record shall be readily available to the public.
(4) A lot or parcel may not be divided under subsection (2)(e)
of this section if an existing dwelling on the lot or parcel was
approved under:
(a) A statute, an administrative rule or a land use regulation
as defined in ORS 197.015 that required removal of the dwelling
or that prohibited subsequent division of the lot or parcel; or
(b) A farm use zone provision that allowed both farm and forest
uses in a mixed farm and forest use zone under a statewide
planning goal protecting forestland.
(5) A county with a minimum lot or parcel size acknowledged by
the commission pursuant to ORS 197.251 after January 1, 1987, or
acknowledged pursuant to periodic review requirements under ORS
197.628 to 197.651 that is smaller than those prescribed in
subsection (1) of this section need not comply with subsection
(2) of this section.
(6)(a) An applicant for the creation of a parcel pursuant to
subsection (2)(b) of this section shall provide evidence that a
restriction on the remaining parcel, not containing the dwelling,
has been recorded with the county clerk of the county where the
property is located. An applicant for the creation of a parcel
pursuant to subsection (2)(d) of this section shall provide
evidence that a restriction on the newly created parcel has been
recorded with the county clerk of the county where the property
is located. The restriction shall allow no dwellings unless
authorized by law or goal on land zoned for forest use except as
permitted under subsection (2) of this section.
(b) A restriction imposed under this subsection shall be
irrevocable unless a statement of release is signed by the county
planning director of the county where the property is located
indicating that the comprehensive plan or land use regulations
applicable to the property have been changed in such a manner
that the parcel is no longer subject to statewide planning goals
pertaining to agricultural land or forestland.
(c) The county planning director shall maintain a record of
parcels that do not qualify for the siting of a new dwelling
under restrictions imposed by this subsection. The record shall
be readily available to the public.
(7) A landowner allowed a land division under subsection (2) of
this section shall sign a statement that shall be recorded with
the county clerk of the county in which the property is located,
declaring that the landowner and the landowner's successors in
interest will not in the future complain about accepted farming
or forest practices on nearby lands devoted to farm or forest
use.
SECTION 18. ORS 308A.056, as amended by section 5, chapter 74,
Oregon Laws 2012, is amended to read:
308A.056. (1) As used in ORS 308A.050 to 308A.128, 'farm use'
means the current employment of land for the primary purpose of
obtaining a profit in money by:
(a) Raising, harvesting and selling crops.
(b) Feeding, breeding, managing or selling livestock, poultry,
fur-bearing animals or honeybees or the produce thereof.
(c) Dairying and selling dairy products.
(d) Stabling or training equines, including but not limited to
providing riding lessons, training clinics and schooling shows.
(e) Propagating, cultivating, maintaining or harvesting aquatic
species and bird and animal species to the extent allowed by the
rules adopted by the State Fish and Wildlife Commission.
(f) On-site constructing and maintaining equipment and
facilities used for the activities described in this subsection.
(g) Preparing, storing or disposing of, by marketing or
otherwise, the products or by-products raised for human or animal
use on land described in this section.
(h) Implementing a remediation plan previously presented to the
assessor for the county in which the land that is the subject of
the plan is located.
(i) Using land described in this section for any other
agricultural or horticultural use or animal husbandry or any
combination thereof.
(2) 'Farm use' does not include the use of land subject to
timber and forestland taxation under ORS chapter 321, except land
used exclusively for growing cultured Christmas trees or land
described in ORS 321.267 (3) or 321.824 (3) (relating to land
used to grow certain hardwood timber, including hybrid
cottonwood).
(3) For purposes of this section, land is currently employed
for farm use if the land is:
(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 paragraph (d) of this subsection, prior to
maturity;
(d) Land not in an exclusive farm use zone that 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 farm use land and
that is not currently being used for any economic farm use;
(f) Except for land under a single family dwelling, land under
buildings supporting accepted farming practices, including the
processing facilities allowed by ORS 215.213 { - (1)(u) - }
{ + (1)(t) + } and 215.283 { - (1)(r) - } { + (1)(q) + } and
the processing of farm crops into biofuel as commercial
activities in conjunction with farm use under ORS 215.213 (2)(c)
and 215.283 (2)(a);
(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 when the absence
of farming activity is the result of the illness of the farmer or
a member of the farmer's immediate family, including injury or
infirmity, regardless of whether the illness results in death;
(j) Land described under ORS 321.267 (3) or 321.824 (3)
(relating to land used to grow certain hardwood timber, including
hybrid cottonwood);
(k) Land subject to a remediation plan previously presented to
the assessor for the county in which the land that is the subject
of the plan is located; or
(L) Land used for the processing of farm crops into biofuel, as
defined in ORS 315.141, if:
(i) Only the crops of the landowner are being processed;
(ii) The biofuel from all of the crops purchased for processing
into biofuel is used on the farm of the landowner; or
(iii) The landowner is custom processing crops into biofuel
from other landowners in the area for their use or sale.
(4) As used in this section:
(a) 'Accepted farming practice' means a mode of operation that
is common to farms of a similar nature, necessary for the
operation of these similar farms to obtain a profit in money and
customarily utilized in conjunction with farm use.
(b) '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 marketable species;
(C) Managed to produce trees meeting U.S. No. 2 or better
standards for Christmas trees as specified by the Agricultural
Marketing Service 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:
(i) Basal pruning;
(ii) Fertilizing;
(iii) Insect and disease control;
(iv) Stump culture;
(v) Soil cultivation; or
(vi) Irrigation.
SECTION 19. { + (1) The amendments to ORS 215.213 and 215.283
by sections 1 and 2 of this 2013 Act apply to wetlands creation,
restoration or enhancement activities that occur on or after the
effective date of this 2013 Act.
(2) The amendments to ORS 496.270 by section 3 of this 2013 Act
apply to activities that:
(a) Are conducted as part of a fish and wildlife habitat
improvement project or a watershed or stream restoration or
enhancement program; and
(b) Occur on or after the effective date of this 2013 Act.
(3) The amendments to ORS 271.715, 271.725 and 271.729 by
sections 4 to 6 of this 2013 Act apply to easements obtained by
an eligible purchaser on or after the effective date of this 2013
Act. + }
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