ORS 215.213
Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993

  • rules

(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:

(A)

ORS 215.275 (Utility facilities necessary for public service); or

(B)

If the utility facility is an associated transmission line, as defined in ORS 215.274 (Associated transmission lines necessary for public service) and 469.300 (Definitions).

(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 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) or the minimum lot or parcel size requirements under ORS 215.780 (Minimum lot or parcel sizes), 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 (Definitions for ORS 308A.250 to 308A.259), 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 (Farm income standard for dwelling in conjunction with farm use), 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 (Compliance acknowledgment).

(g)

Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 (Definitions) and oil and gas as defined by ORS 520.005 (Definitions), 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 (Goal exceptions) (2)(a) or (b).

(h)

Operations for the exploration for minerals as defined by ORS 517.750 (Definitions for ORS 517.702 to 517.989). Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (Goal exceptions) (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) 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 (Definitions for ORS 358.480 to 358.545).

(o)

Creation, restoration or enhancement of wetlands.

(p)

A winery, as described in ORS 215.452 (Winery) or 215.453 (Large winery).

(q)

Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291 (Alteration, restoration or replacement of lawfully established dwelling).

(r)

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)

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)

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)

A facility for the processing of farm products as described in ORS 215.255 (Farm product processing facility).
(v)
Fire service facilities providing rural fire protection services.

(w)

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 (Definitions).
(x)
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)

Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695 (License required to perform sewage disposal services), 459.205 (Permit required), 468B.050 (Water quality permit), 468B.053 (Alternatives to obtaining water quality permit) or 468B.055 (Plans and specifications for disposal, treatment and sewerage systems), or in compliance with rules adopted under ORS 468B.095 (Use of sludge on agricultural, horticultural or silvicultural land), and as provided in ORS 215.246 (Approval of land application of certain substances) to 215.251 (Relationship to other farm uses), the land application of reclaimed water, agricultural or industrial process water or biosolids, or the onsite treatment of septage prior to the land application of 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. For the purposes of this paragraph, onsite treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities that are portable, temporary and transportable by truck trailer, as defined in ORS 801.580 (“Truck trailer.”), during a period of time within which land application of biosolids is authorized under the license, permit or other approval.

(z)

Dog training classes or testing trials, which may be conducted outdoors or in farm buildings in existence on January 1, 2019, 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.

(aa)

A cider business, as described in ORS 215.451 (Cider business).

(bb)

A farm brewery, as described in ORS 215.449 (Farm brewery).

(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 (Standards for approval of certain uses in exclusive farm use zones):

(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 (Zoning ordinances establishing exclusive farm use zones) (2)(b)(K) or 215.255 (Farm product processing facility).

(d)

Operations conducted for:

(A)

Mining and processing of geothermal resources as defined by ORS 522.005 (Definitions) and oil and gas as defined by ORS 520.005 (Definitions), 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 (Mining in exclusive farm use zone);

(C)

Processing, as defined by ORS 517.750 (Definitions for ORS 517.702 to 517.989), 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 (Standards for approval of certain uses in exclusive farm use zones) (1). A public park or campground may be established as provided under ORS 195.120 (Rules and planning goal amendments for parks required). 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 (Definitions for ORS 195.300 to 195.336).

(g)

Commercial utility facilities for the purpose of generating power for public use by sale. If the area zoned for exclusive farm use is high-value farmland, a photovoltaic solar power generation facility may be established as a commercial utility facility as provided in ORS 215.447 (Photovoltaic solar power generation facilities on high-value farmland). A renewable energy facility as defined in ORS 215.446 (Renewable energy facility) may be established as a commercial utility facility.

(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 (Zoning ordinances establishing exclusive farm use zones) (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 (Issuance of permits) by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation.

(k)

Intentionally left blank —Ed.

(A)

Commercial dog boarding kennels; or

(B)

Dog training classes or testing trials that cannot be established under subsection (1)(z) of this section.

(L)

Residential homes as defined in ORS 197.660 (Definitions), 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 (Home occupations).

(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 (Definitions for ORS 671.510 to 671.760), or a business providing landscape architecture services, as described in ORS 671.318 (Businesses providing landscape architecture services), 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)

Equine and equine-affiliated therapeutic and counseling activities, provided:

(A)

The activities are conducted in existing buildings that were lawfully constructed on the property before January 1, 2019, or in new buildings that are accessory, incidental and subordinate to the farm use on the tract; and

(B)

All individuals conducting therapeutic or counseling activities are acting within the proper scope of any licenses required by the state.

(aa)

Child care facilities, preschool recorded programs or school-age recorded programs that are:

(A)

Authorized under ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) to 329A.450 (Assistance to staff of facility);

(B)

Primarily for the children of residents and workers of the rural area in which the facility or program is located; and

(C)

Colocated with a community center or a public or private school allowed under this subsection.

(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 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) to 215.438 (Transmission towers). 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 (Standards for approval of certain uses in exclusive farm use zones) 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 (Standards for approval of certain uses in exclusive farm use zones);

(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 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325). 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 (Standards for approval of certain uses in exclusive farm use zones);

(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 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325) (10)(d), do not include agri-tourism or other commercial events and activities. [1963 c.577 §3; 1963 c.619 §1a; 1969 c.258 §1; 1973 c.503 §4; 1975 c.551 §1; 1975 c.552 §32; 1977 c.766 §8; 1977 c.788 §2; 1979 c.480 §6; 1979 c.773 §10; 1981 c.748 §44; 1983 c.743 §3; 1983 c.826 §6; 1983 c.827 §27b; 1985 c.544 §2; 1985 c.583 §1; 1985 c.604 §3; 1985 c.717 §5; 1985 c.811 §12; 1987 c.227 §1; 1987 c.729 §5; 1987 c.886 §9; 1989 c.224 §25; 1989 c.525 §1; 1989 c.564 §7; 1989 c.648 §59; 1989 c.739 §1; 1989 c.837 §26; 1989 c.861 §1; 1989 c.964 §10; 1991 c.459 §345; 1991 c.866 §1; 1991 c.950 §2; 1993 c.466 §1; 1993 c.469 §5; 1993 c.704 §2; 1993 c.792 §29a; 1995 c.435 §1; 1995 c.528 §1; 1997 c.249 §59; 1997 c.250 §1; 1997 c.276 §1; 1997 c.312 §1; 1997 c.318 §1; 1997 c.363 §1; 1997 c.862 §2; 1999 c.608 §1; 1999 c.640 §1; 1999 c.758 §1; 1999 c.816 §1; 1999 c.935 §20; 2001 c.149 §1; 2001 c.260 §§1,2; 2001 c.488 §1; 2001 c.613 §7; 2001 c.676 §1; 2001 c.757 §1; 2001 c.941 §1; 2003 c.247 §§1,2; 2005 c.22 §§161,162; 2005 c.150 §§1,2; 2005 c.354 §§2,3; 2005 c.609 §§24,25; 2005 c.693 §§1,2; 2007 c.71 §71; 2007 c.541 §1; 2007 c.739 §35; 2009 c.850 §1; 2011 c.459 §2; 2011 c.462 §1; 2011 c.567 §1; 2011 c.679 §7; 2012 c.74 §2; 2013 c.197 §1; 2013 c.242 §3; 2013 c.462 §§4,7; 2017 c.148 §§1,2; 2017 c.253 §§3,4; 2017 c.504 §§3,4; 2018 c.119 §§1,2; 2019 c.244 §§3,4; 2019 c.410 §§6,7; 2019 c.432 §§1,2; 2019 c.440 §6; 2019 c.650 §§5,6; 2021 c.369 §9]

Source: Section 215.213 — Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors215.­html.

Notes of Decisions

Single-family residence could not, as matter of law, be permitted on five-acre parcel zoned for farm use where subject property was presently in agricultural use, generally suitable for such use, and surrounded by operating farms. Rutherford v. Armstrong, 31 Or App 1319, 572 P2d 1331 (1977), Sup Ct review denied

Under variance provisions of this section, land included within exclusive farm use zone pursuant to LCDC goal may be used for certain non-farm purposes. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978)

Where county board of commissioners approved subdivision but did not address policy ramifications of ORS 215.243, order approving subdivision was legally insufficient. Still v. Bd. of County Commrs of Marion Co., 42 Or App 115, 600 P2d 433 (1979), Sup Ct review denied

Granting of conditional use permit to construct sewage treatment facility on undersized parcel in farm-residential use zone was consistent with this section. Menges v. Bd. of Comm., 44 Or App 603, 606 P2d 681 (1980), as modified by 45 Or App 797, 609 P2d 847 (1980), aff’d 290 Or 251, 621 P2d 562 (1980)

Board’s approval of minor partition of agricultural land was improper where: (1) no finding was made that proposed dwellings would not materially alter stability of overall land use pattern in area and; (2) board’s finding that land was generally unsuitable for production of farm crops and livestock was not supported by reliable, probative and substantial evidence. Miles v. Bd. of Comm. of Clackamas County, 48 Or App 951, 618 P2d 986 (1980)

Since former version of this section provided that dwellings provided in conjunction with farm use were nonfarm uses, half-acre homesite on 111 acre tract zone Exclusive Farm Use was properly valued as homesite rather than farmland. Chapin v. Dept. of Revenue, 290 Or 931, 627 P2d 480 (1981)

Under this section, county decision to issue building permit for construction of transmission tower more than 200 feet high on land designated for exclusive farm use was land use decision and appeal from issuance of permit was within exclusive jurisdiction of LUBA. Wright v. KECH-TV, 300 Or 139, 707 P2d 1232 (1985)

Provision in county ordinance permitting “utility facilities necessary for public service” in agricultural zones means it must be necessary to place facility in zone. McCaw Communications, Inc. v. Marion County, 96 Or App 552, 773 P2d 779 (1989)

Defendant’s kennel operations did not become nonconforming use until county enacted ordinance to prohibit kennel operations in agricultural zone, and were permitted under earlier zoning ordinances because they come within definition of farm use. Linn County v. Hickey, 98 Or App 100, 778 P2d 509 (1989)

This section, which provides that churches may be allowed as permitted uses in Exclusive Farm Use zone does not preclude counties from regulating church uses or making them conditional. Kola Tepee, Inc. v. Marion County, 99 Or App 481, 782 P2d 955 (1989), Sup Ct review denied

Boarding of horses for profit is conditional use permitted in EFU zone but is not farm use. Fitzwater v. Dept. of Rev., 12 OTR 48 (1991)

Uses permitted conditionally under this section and ORS 215.283 cannot be absolutely prohibited by ORS 215.243, rather, when possible, effect must be given to both statutory provisions. Clark v. Jackson County, 313 Or 508, 836 P2d 710 (1992)

Processing of aggregate that does not include final processing into asphalt or portland cement cannot qualify under provision permitting processing of other mineral resources and subsurface resources. McKay Creek Valley v. Washington County, 122 Or App 59, 857 P2d 167 (1993)

Uses that “may be permitted” in exclusive farm use zone are permitted as of right and are not subject to additional local government restriction. Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030 (1995)

Uses that may be established “subject to ORS 215.296” are allowable uses subject to approval of local governing body. Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030 (1995)

Where language describing use permitted as of right employs inexact or delegative terms to describe limitations, agency may interpret limits by rule. Nichols v. Clackamas County, 146 Or App 25, 932 P2d 1185 (1997), Sup Ct review denied

Invalidation of rules inconsistent with statutes listed in ORS 215.304 as of March 1, 1994, is specifically directed to preventing replacement of marginal lands designation and does not otherwise limit LCDC authority to restrict permissible uses of exclusive farm use lands within marginal lands counties. Lane County v. LCDC, 325 Or 569, 942 P2d 278 (1997)

Buildings established for listed permitted uses are subject to restrictions and requirements of general application. Josephine County v. Garnier, 163 Or App 333, 987 P2d 1263 (1999)

Separate showing of compliance with, or exception to, state land use planning goal dealing with urbanization is not required in order to allow uses in exclusive farm use zone that are urban in nature but of kinds specifically allowed by statute. Jackson County Citizens’ League v. Jackson County, 171 Or App 149, 15 P3d 42 (2000)

Attorney General Opinions

Authority of state over use of land along Willamette River under Greenway Law, (1975) Vol 37, p 515; permissibility of radio transmission tower as “utility facility necessary for public service” in area zoned for exclusive farm use, (1981) Vol 42, p 77

Law Review Citations

19 EL 63 (1988); 26 WLR 398 (1990); 34 WLR 81 (1998); 77 OLR 993 (1998); 36 WLR 441 (2000); 36 EL 25 (2006); 49 WLR 411 (2013)

215.010
Definitions
215.020
Authority to establish county planning commissions
215.030
Membership of planning commission
215.042
Planning director
215.044
Solar access ordinances
215.047
Effect of comprehensive plan and land use regulations on solar access ordinances
215.050
Comprehensive planning, zoning and subdivision ordinances
215.060
Procedure for action on plan
215.080
Power to enter upon land
215.090
Information made available to commission
215.100
Cooperation with other agencies
215.110
Recommendations for implementation of comprehensive plan
215.130
Application of ordinances and comprehensive plan
215.135
Expansion of nonconforming school in exclusive farm use zone
215.170
Authority of cities in unincorporated area
215.185
Remedies for unlawful structures or land use
215.190
Violation of ordinances or regulations
215.203
Zoning ordinances establishing exclusive farm use zones
215.209
Department of Land Conservation and Development database
215.211
Agricultural land
215.212
Soils Assessment Fund
215.213
Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993
215.215
Reestablishment of nonfarm use
215.218
Certain private hunting preserves not subject to land use approval
215.223
Procedure for adopting zoning ordinances
215.233
Validity of ordinances and development patterns adopted before September 2, 1963
215.236
Nonfarm dwelling in exclusive farm use zone
215.237
Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone
215.238
Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity
215.239
Siting of agri-tourism event or activity
215.243
Agricultural land use policy
215.246
Approval of land application of certain substances
215.247
Transport of biosolids to tract of land for application
215.249
Division of land for application of biosolids
215.251
Relationship to other farm uses
215.253
Restrictive local ordinances affecting farm use zones prohibited
215.255
Farm product processing facility
215.262
Legislative findings related to nonfarm dwellings
215.263
Land divisions in exclusive farm use zones
215.265
Land divisions
215.273
Applicability to thermal energy power plant siting determinations
215.274
Associated transmission lines necessary for public service
215.275
Utility facilities necessary for public service
215.276
Required consultation for transmission lines to be located on high-value farmland
215.277
Farmworker housing
215.278
Accessory dwellings for farmworkers
215.279
Farm income standard for dwelling in conjunction with farm use
215.281
Legislative findings related to dwellings in conjunction with commercial dairy farm
215.282
Dwellings in conjunction with commercial dairy farm
215.283
Uses permitted in exclusive farm use zones in nonmarginal lands counties
215.284
Dwelling not in conjunction with farm use
215.291
Alteration, restoration or replacement of lawfully established dwelling
215.293
Dwelling in exclusive farm use or forest zone
215.294
Railroad facilities handling materials regulated under ORS chapter 459 or 466
215.296
Standards for approval of certain uses in exclusive farm use zones
215.297
Verifying continuity for approval of certain uses in exclusive farm use zones
215.298
Mining in exclusive farm use zone
215.299
Policy on mining resource lands
215.301
Blending materials for cement prohibited near vineyards
215.304
Rule adoption
215.306
Conducting filming activities in exclusive farm use zones
215.311
Log truck parking in exclusive farm use zones
215.312
Public safety training facility
215.316
Termination of adoption of marginal lands
215.317
Permitted uses on marginal land
215.327
Divisions of marginal land
215.401
Preapplication process for land use approval of disposal site for composting
215.402
Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780
215.406
Planning and zoning hearings officers
215.412
Adoption of hearing procedure and rules
215.416
Permit application
215.417
Time to act under certain approved permits
215.418
Approval of development on wetlands
215.422
Review of decision of hearings officer or other authority
215.425
Review of decision relating to aggregate resources
215.427
Final action on permit or zone change application
215.429
Mandamus proceeding when county fails to take final action on land use application within specified time
215.431
Plan amendments
215.433
Supplemental application for remaining permitted uses following denial of initial application
215.435
Deadline for final action by county on remand of land use decision
215.437
Mandamus proceeding when county fails to take final action within specified time on remand of land use decision
215.438
Transmission towers
215.439
Solar energy systems in residential or commercial zones
215.441
Use of real property for religious activity
215.445
Use of private property for mobile medical clinic
215.446
Renewable energy facility
215.447
Photovoltaic solar power generation facilities on high-value farmland
215.448
Home occupations
215.449
Farm brewery
215.451
Cider business
215.452
Winery
215.453
Large winery
215.454
Lawful continuation of certain winery-related uses or structures
215.455
Effect of approval of winery on land use laws
215.456
Siting winery as commercial activity in exclusive farm use zone
215.457
Youth camps allowed in forest zones and mixed farm and forest zones
215.459
Private campground in forest zones and mixed farm and forest zones
215.461
Guest ranch
215.462
Limitations on guest ranch
215.495
Accessory dwelling units in rural residential zones
215.501
Conversion of historic homes to accessory dwelling units in rural residential zones
215.503
Legislative act by ordinance
215.513
Forwarding of notice to property purchaser
215.605
Counties authorized to adopt housing codes
215.606
Standards for clustered mailboxes in county roads and rights-of-way
215.615
Application and contents of housing ordinances
215.700
Resource land dwelling policy
215.705
Dwellings in farm or forest zone
215.710
High-value farmland description for ORS 215.705
215.720
Criteria for forestland dwelling under ORS 215.705
215.730
Additional criteria for forestland dwelling under ORS 215.705
215.740
Large tract forestland dwelling
215.750
Alternative forestland dwelling
215.755
Other forestland dwellings
215.757
Accessory dwellings supporting family forestry
215.760
Agricultural buildings on land zoned for forest use or mixed farm and forest use
215.780
Minimum lot or parcel sizes
215.783
Land division to preserve open space or park
215.785
Exception to minimum lot or parcel sizes
215.788
Legislative review of lands zoned for farm and forest use
215.791
Review of nonresource lands for ecological significance
215.794
Review of county rezoning designations
215.799
Location of dwellings on wildlife habitat land
Green check means up to date. Up to date