ORS 215.203
Zoning ordinances establishing exclusive farm use zones

  • definitions

(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 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) or 215.284 (Dwelling not in conjunction with farm use). Farm use zones shall be established only when such zoning is consistent with the comprehensive plan.

(2)

Intentionally left blank —Ed.

(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 or land described in ORS 321.267 (Lands not eligible for special assessment) (3) or 321.824 (Lands not eligible for special assessment) (3).

(b)

As used in this subsection, “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 215.255 (Farm product processing facility) and the processing of farm crops into biofuel as commercial activities in conjunction with farm use under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (2)(c) and 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (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 (Lands not eligible for special assessment) (3) or 321.824 (Lands not eligible for special assessment) (3); and

(K)

Land used for the processing of farm crops into biofuel, as defined in ORS 315.141 (Biomass production or collection), 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 farm 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.

(d)

As used in this subsection, “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 meet 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 or irrigation. [1963 c.577 §2; 1963 c.619 §1(2), (3); 1967 c.386 §1; 1973 c.503 §3; 1975 c.210 §1; 1977 c.766 §7; 1977 c.893 §17a; 1979 c.480 §1; 1981 c.804 §73; 1983 c.826 §18; 1985 c.604 §2; 1987 c.305 §4; 1989 c.653 §1; 1989 c.887 §7; 1991 c.459 §344; 1991 c.714 §4; 1993 c.704 §1; 1995 c.79 §75; 1995 c.211 §1; 1997 c.862 §1; 2001 c.613 §18; 2003 c.454 §117; 2003 c.621 §67a; 2005 c.354 §1; 2007 c.739 §34; 2009 c.850 §4; 2012 c.74 §1; 2019 c.410 §3]

Source: Section 215.203 — Zoning ordinances establishing exclusive farm use zones; definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors215.­html.

Notes of Decisions

Woodlot was not currently employed as part of whole parcel, and was not surrounded by and did not border on farm use parcel and was therefore not appurtenant. Linfoot v. Dept. of Rev., 4 OTR 489 (1971)

To qualify for assessment for farm use, owner must ultimately receive compensation, in some form, from farming or grazing operations conducted for money profit. Linfoot v. Dept. of Rev., 4 OTR 489 (1971)

Contiguous area of substantial size not used for farm purposes must be denied exemption even though contained within boundaries of qualifying farm operation. Taylor v. Dept. of Rev., 6 OTR 496 (1976)

Buildings used for temporary housing of itinerant farm workers during harvest periods were buildings supporting “accepted farming practices” under this section. Benton v. Dept. of Rev., 7 OTR 162 (1977)

Farm use land includes any land capable of profitable agricultural production regardless of its size under position taken by Oregon Tax Court. Rutherford v. Armstrong, 31 Or App 1319, 572 P2d 1331 (1977), Sup Ct review denied

Where land cannot presently or in foreseeable future be utilized for “farm use” as defined in this section, LCDC goal does not require exclusive farm use zoning upon finding of predominance of certain class soils. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978); 1000 Friends v. Benton County, 32 Or App 413, 575 P2d 651 (1978)

Although plaintiff’s attempt to control tansy ragwort could have restored subject property to profitable future activity, such use of property did not constitute “farm use” within the meaning of this section because the land was not currently being used to obtain profits. Shepherd v. Dept. of Rev., 8 OTR 122 (1979)

Homesite located on land zoned for exclusive farm use was not eligible for special assessment. Chapin v. Dept. of Rev., 8 OTR 361 (1980), aff’d 290 Or 931, 627 P2d 480 (1981)

Board of county commissioners’ finding that land for which subdivision was proposed could not “presently or in the foreseeable future be utilized for farm use” as defined in this section was not based on substantial evidence where board did not specifically address possible farm applications other than grazing. Hillcrest Vineyard v. Bd. of Comm. of Douglas County, 45 Or App 285, 608 P2d 201 (1980)

Since former version of this section specifically excepted “use of dwelling customarily provided in conjunction with farm use” from definition of “farm use,” half acre homesite on 111 acre tract zoned Exclusive Farm Use was properly valued as homesite rather than farmland. Chapin v. Dept. of Revenue, 290 Or 931, 627 P2d 480 (1981)

Where plaintiff rented pasture at price of $40 per month for grazing of horses owned by his daughter’s girlfriends, many of whom used their horses in connection with their 4-H projects; there were never more than five or six horses on the property at any one time; and each of the renters was responsible for feeding and care of her own horse, individuals renting pasture were doing so for personal reasons and not for primary purpose of obtaining a profit within the meaning of this section and use of property did not meet definition of “farm use.” Capsey v. Dept. of Revenue, 294 Or 455, 657 P2d 680 (1983)

Farmland that has been destroyed by nonfarm activity may not be classified as “wasteland” for purposes of obtaining farm use assessment. Guido v. Dept. of Rev., 10 OTR 85 (1985)

Although this section has land use regulatory features, the “current employment” requirement was designed only as qualification for favorable tax treatment. Newcomer v. Clackamas County, 92 Or App 174, 758 P2d 369 (1988)

Storage of manure on land other than land where it is produced is not farm use within meaning of this section. J and D Fertilizers, Ltd. v. Clackamas County, 105 Or App 11, 803 P2d 280 (1990), Sup Ct review denied

Boarding of horses for profit is not farm use. Fitzwater v. Dept. of Rev., 12 OTR 48 (1991)

Listing of specific activity as permitted nonfarm use prevents activity from qualifying under broader farm use category, so land used for activity is not in farm use. Kang v. Dept. of Revenue, 12 OTR 407 (1993)

Winery is not farm use. King Estate Winery, Inc. v. Dept. of Revenue, 14 OTR 169 (1997), aff’d 329 Or 414, 988 P2d 369 (1999)

“Profit” is measured by direct expenditures and income from use of land and excludes consideration of indirect expenditures and profits. Everhart v. Dept. of Revenue, 15 OTR 76 (1999)

In determining whether land is suitable for “farm use,” factors considered by local government may include net gain or receipts from farm or agricultural activities. Wetherell v. Douglas County, 342 Or 666, 160 P3d 614 (2007)

Where respondent landowner grows, cuts, bales and compresses straw on property, zoned for exclusive farm use, then ships straw to market, respondent engages in “preparation” of straw and respondent’s use of property is “farm use.” Gilmour v. Linn County, 279 Or App 584, 379 P3d 833 (2016)

COMPLETED CITATIONS: Ritch v. Dept. of Rev., 4 OTR 206 (1970), rev’d 261 Or 78, 493 P2d 38 (1972)

Attorney General Opinions

Authority of state over use of land along Willamette River under Greenway Law, (1975) Vol 37, p 515; propriety of establishing aircraft landing field in “farm use zone,” (1975) Vol 37, p 547; effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Law Review Citations

9 WLJ 1-25 (1973); 53 OLR 120, 127 (1974); 19 EL 63 (1988)

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