2015 ORS 215.306¹
Conducting filming activities in exclusive farm use zones

(1) The limitations on uses made of land in exclusive farm use zones described 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), 215.284 (Dwelling not in conjunction with farm use) and 215.700 (Resource land dwelling policy) to 215.780 (Minimum lot or parcel sizes) and limitations imposed by or adopted pursuant to ORS 197.040 (Duties of commission) do not apply to activities described in this section.

(2) The provisions of this section do not affect the eligibility of a zone for special assessment as provided in ORS 308A.050 (Legislative intent) to 308A.128 (Certain district assessments inapplicable to exclusive farm use zone farmland).

(3)(a) On-site filming and activities accessory to on-site filming may be conducted in any area zoned for exclusive farm use without prior approval of local government but subject to ORS 30.930 (Definitions for ORS 30.930 to 30.947) to 30.947 (Effect of siting of destination resorts or other nonfarm or nonforest uses).

(b) Notwithstanding paragraph (a) of this subsection, on-site filming and activities accessory to on-site filming that exceed 45 days on any site within a one-year period or involve erection of sets that would remain in place for longer than 45 days may be conducted only upon approval of the governing body or its designee in any area zoned for exclusive farm use subject to ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones). In addition to other activities described in subsection (4) of this section, these activities may include office administrative functions such as payroll and scheduling, and the use of campers, truck trailers or similar temporary facilities. Temporary facilities may be used as temporary housing for security personnel.

(4) For purposes of this section, "on-site filming and activities accessory to on-site filming":

(a) Includes:

(A) Filming and site preparation, construction of sets, staging, makeup and support services customarily provided for on-site filming.

(B) Production of advertisements, documentaries, feature film, television services and other film productions that rely on the rural qualities of an exclusive farm use zone in more than an incidental way.

(b) Does not include:

(A) Facilities for marketing, editing and other such activities that are allowed only as a home occupation; or

(B) Construction of new structures that requires a building permit.

(5) A decision of local government issuing any permits necessary for activities under subsection (3)(a) of this section is not a land use decision. [1995 c.722 §1; 1997 c.550 §3; 1999 c.314 §59; 2001 c.672 §20]

Note: Sections 1 to 6, chapter 84, Oregon Laws 2010, provide:

Sec. 1. Sections 2 and 3 of this 2010 Act are added to and made a part of ORS chapter 215. [2010 c.84 §1]

Sec. 2. (1) As used in this section and section 3, chapter 84, Oregon Laws 2010:

(a) "Guest lodging unit" means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient overnight lodging and not for a permanent residence.

(b) "Guest ranch" means a facility for guest lodging units, passive recreational activities described in subsection (6) of this section and food services described in subsection (7) of this section that are incidental and accessory to an existing and continuing livestock operation that qualifies as a farm use.

(c) "Livestock" means cattle, sheep, horses and bison.

(2) Subject to the provisions of ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones) (1) and (2) and other approval or siting standards of a county, a guest ranch may be established in an area of eastern Oregon, as defined in ORS 321.805 (Definitions for ORS 321.805 to 321.855), that is zoned for exclusive farm use unless the proposed site of the guest ranch is within the boundaries of or surrounded by:

(a) A federally designated wilderness area or a wilderness study area;

(b) A federally designated wildlife refuge;

(c) A federally designated area of critical environmental concern; or

(d) An area established by an Act of Congress for the protection of scenic or ecological resources.

(3) The guest ranch must be located on a lawfully established unit of land that:

(a) Is at least 160 acres;

(b) Contains the dwelling of the individual conducting the livestock operation; and

(c) Is not high-value farmland, as defined in ORS 215.710 (High-value farmland description for ORS 215.705).

(4) Except as provided in subsection (5) of this section, the guest lodging units of the guest ranch cumulatively must:

(a) Include not fewer than four nor more than 10 overnight guest lodging units; and

(b) Not exceed a total of 12,000 square feet in floor area, not counting the floor area of a lodge that is dedicated to kitchen area, rest rooms, storage or other shared or common indoor space.

(5) For every increment of 160 acres that the lawfully established unit of land on which the guest ranch is located exceeds the minimum 160-acre requirement described in subsection (3) of this section, up to five additional overnight guest lodging units not exceeding a total of 6,000 square feet of floor area may be included in the guest ranch for a total of not more than 25 guest lodging units and 30,000 square feet of floor area.

(6) A guest ranch may provide passive recreational activities that can be provided in conjunction with the livestock operation’s natural setting including, but not limited to, hunting, fishing, hiking, biking, horseback riding, camping and swimming. A guest ranch may not provide intensively developed recreational facilities, including golf courses as identified in ORS 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties).

(7) A guest ranch may provide food services only for guests of the guest ranch, individuals accompanying the guests and individuals attending a special event at the guest ranch. The cost of meals, if any, may be included in the fee to visit or stay at the guest ranch. A guest ranch may not sell individual meals to an individual who is not a guest of the guest ranch, an individual accompanying a guest or an individual attending a special event at the guest ranch. [2010 c.84 §2; 2011 c.451 §1]

Sec. 3. (1) Notwithstanding ORS 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties), the governing body of a county or its designee may not allow a guest ranch in conjunction with:

(a) A campground as described in ORS 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (2).

(b) A golf course as described in ORS 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (2).

(2) Notwithstanding ORS 215.263 (Land divisions in exclusive farm use zones), the governing body of a county or its designee may not approve a proposed division of land in an exclusive farm use zone for a guest ranch.

(3) The governing body of a county or its designee may not approve a proposed division of land that separates the guest ranch from the dwelling of the individual conducting the livestock operation. [2010 c.84 §3]

Sec. 4. A guest ranch approved and established under section 1, chapter 728, Oregon Laws 1997, as amended by section 1, chapter 216, Oregon Laws 1999, section 2, chapter 467, Oregon Laws 2001, section 5, chapter 544, Oregon Laws 2001, section 1, chapter 147, Oregon Laws 2003, section 107, chapter 621, Oregon Laws 2003, and section 1, chapter 258, Oregon Laws 2005, and made nonconforming by repeal of chapter 728, Oregon Laws 1997, by section 5, chapter 728, Oregon Laws 1997, as amended by section 3, chapter 467, Oregon Laws 2001, and section 3, chapter 258, Oregon Laws 2005, is deemed a conforming use under section 2 of this 2010 Act on and after January 2, 2010. [2010 c.84 §4]

Sec. 5. A county shall amend its land use regulations to conform to the requirements of sections 2, 3 and 4 of this 2010 Act. Notwithstanding contrary provisions of state law or a county charter relating to public hearings on amendments to an ordinance, a county may adopt amendments to its land use regulations required by this section without holding a public hearing and without adopting findings if:

(1) The county has given notice to the Department of Land Conservation and Development of the proposed amendments in the manner provided by ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development); and

(2) The department has confirmed in writing that the only effect of the proposed amendments is to conform the county’s land use regulations to the requirements of sections 2, 3 and 4 of this 2010 Act. [2010 c.84 §5]

Sec. 6. Sections 2, 3, 4 and 5, chapter 84, Oregon Laws 2010, are repealed on January 2, 2018. [2010 c.84 §6; 2011 c.451 §2]

Note: Sections 1, 2, 3 and 11, chapter 462, Oregon Laws 2013, provide:

Sec. 1. Section 2 of this 2013 Act is added to and made a part of ORS 215.203 (Zoning ordinances establishing exclusive farm use zones) to 215.311 (Log truck parking in exclusive farm use zones). [2013 c.462 §1]

Sec. 2. (1) A lawfully established dwelling may be altered, restored or replaced under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1)(q) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1)(p) in the manner provided by either subsection (2) or (3) of this section.

(2) The dwelling may be altered, restored or replaced if, when an application for a permit is submitted, the permitting authority:

(a) Finds to the satisfaction of the permitting authority that the dwelling to be altered, restored or replaced has, or formerly had:

(A) Intact exterior walls and roof structure;

(B) Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

(C) Interior wiring for interior lights; and

(D) A heating system; and

(b) Finds that the dwelling was assessed as a dwelling for purposes of ad valorem taxation for the lesser of:

(A) The previous five property tax years unless the value of the dwelling was eliminated as a result of the destruction, or demolition in the case of restoration, of the dwelling; or

(B) From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010 (Definition of "real property" and "land") unless the value of the dwelling was eliminated as a result of the destruction, or demolition in the case of restoration, of the dwelling.

(3) The dwelling may be altered, restored or replaced if, when an application for a permit is submitted, the dwelling meets the requirements of subsection (2)(a) of this section, the dwelling does not meet the requirement of subsection (2)(b) of this section, and the applicant establishes to the satisfaction of the permitting authority that the dwelling was improperly removed from the tax roll by a person other than the current owner.

(4) For replacement of a lawfully established dwelling under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1)(q) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1)(p):

(a) The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:

(A) Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055 (Uniform permit, inspection and certificate of occupancy requirements); or

(B) If the dwelling to be replaced is, in the discretion of the permitting authority, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the permitting authority that is not less than 90 days after the replacement permit is issued.

(b) The replacement dwelling:

(A) May be sited on any part of the same lot or parcel.

(B) Must comply with applicable siting standards. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.

(c) As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director’s designee, places a statement of release in the deed records of the county to the effect that the provisions of this section and either ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) regarding replacement dwellings have changed to allow the lawful siting of another dwelling.

(5)(a) Notwithstanding subsection (4)(b)(A) of this section, paragraph (b) of this subsection applies when a replacement dwelling under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1)(q) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1)(p) qualifies for replacement:

(A) Under subsection (2) of this section because the dwelling formerly had the features described in subsection (2) of this section;

(B) Under subsection (3) of this section; or

(C) Under a permit described in section 3 of this 2013 Act.

(b) The replacement dwelling must be sited on the same lot or parcel:

(A) Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line, forest boundary or another natural boundary of the lot or parcel; and

(B) If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area, within a concentration or cluster of structures or within 500 yards of another structure.

(6) 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 subsection (4) of this section, including a copy of the deed restrictions filed under subsection (4) of this section.

(7) If an applicant is granted a deferred replacement permit under this section:

(a) The deferred replacement permit:

(A) Does not expire but, notwithstanding subsection (4)(a)(A) of this section, the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and

(B) May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant.

(b) 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. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.

(8) As used in this section, "improperly removed" means, with respect to a dwelling removed from the tax roll, that:

(a) The dwelling has taxable value in its present state, or had taxable value when the dwelling:

(A) Was first removed from the tax roll; or

(B) Was destroyed by fire or other act of God; and

(b) The county stopped assessing the dwelling even though the current owner did not request removal of the dwelling from the tax roll. [2013 c.462 §2]

Sec. 3. A permit for a replacement dwelling that was issued under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1)(q) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1)(p) and became void before the effective date of this 2013 Act [January 1, 2014] shall be deemed to be valid and effective if, within one year after the effective date of this 2013 Act, the holder of the permit:

(1) Removes, demolishes or converts to an allowable nonresidential use the dwelling to be replaced; and

(2) Causes to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted. [2013 c.462 §3]

Sec. 11. Sections 2 and 3 of this 2013 Act are repealed January 2, 2024. [2013 c.462 §11]

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Chapter 215

Notes of Decisions

Published notice is adequate if prop­erty owners can reasonably ascertain that prop­erty in which they hold interest may be affected. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied

Statutory scheme es­tab­lishing LCDC and granting it authority to es­tab­lish state-wide land use planning goals does not unconstitu­tionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978)

Where county had not yet adopted comprehensive plan but had zoned certain por­tions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980)

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., applica­tion to county governing bodies and planning com­mis­sions, (1974) Vol 36, p 960; binding effect on govern­mental agencies of the adop­tion of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894

Law Review Cita­tions

36 EL 25 (2006)


1 Legislative Counsel Committee, CHAPTER 215—County Planning; Zoning; Housing Codes, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors215.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 215, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano215.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.