Oregon Revised Statutes
As used in this chapter: The terms defined in ORS 92.010 shall have the meanings given therein, except that “parcel”: Includes a unit of land created: By partitioning land as defined in ORS 92.010; In compliance with all applicable planning, zoning and partitioning ordinances and regulations; or By deed or land sales contract, if there were no applicabl…
The governing body of any county may create and provide for the organization and operations of one or more county planning commissions. This section shall be liberally construed and shall include the authority to create more than one planning commission, or subcommittee of a commission, for a county or the use of a joint planning commission or other intergo…
The county planning commission shall consist of five, seven or nine members appointed by the governing body for four-year terms, or until their respective successors are appointed and qualified, except that the terms of the initial members must be staggered for one, two, three and four years. A commission member may be removed by the governing body, after h…
The governing body of each county shall designate an individual to serve as planning director for the county responsible for administration of planning. The governing body shall provide employees as necessary to assist the director in carrying out responsibilities. The director shall be the chief administrative officer in charge of the planning department of…
County governing bodies may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the south face of buildings during solar heating hours, taking into account latitude, topography, microclimate, existing development, existing vegetation and planned uses and densities. The county governing …
Solar access ordinances shall not be in conflict with acknowledged comprehensive plans and land use regulations.
Except as provided in ORS 527.722, the county governing body shall adopt and may from time to time revise a comprehensive plan and zoning, subdivision and other ordinances applicable to all of the land in the county. The plan and related ordinances may be adopted and revised part by part or by geographic area. Zoning, subdivision or other ordinances or regu…
Action by the governing body of a county regarding the plan shall have no legal effect unless the governing body first conducts one or more public hearings on the plan and unless 10 days’ advance public notice of each of the hearings is published in a newspaper of general circulation in the county or, in case the plan as it is to be heard concerns only part …
The commission, and any of its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain the necessary monuments and markers thereon.
Public officials, departments and agencies, having information, maps or other data deemed by the planning commission pertinent to county planning shall make such information available for the use of the commission.
The county planning commission shall advise and cooperate with other planning commissions within the state, and shall upon request, or on its own initiative, furnish advice or reports to any city, county, officer or department on any problem comprehended in county planning.
A planning commission may recommend to the governing body ordinances intended to implement part or all of the comprehensive plan. The ordinances may provide, among other things, for: Zoning; Official maps showing the location and dimensions of, and the degree of permitted access to, existing and proposed thoroughfares, easements and property needed for pub…
Any legislative ordinance relating to land use planning or zoning shall be a local law within the meaning of, and subject to, ORS 250.155 to 250.235. An ordinance designed to carry out a county comprehensive plan and a county comprehensive plan shall apply to: The area within the county also within the boundaries of a city as a result of extending the boun…
Notwithstanding ORS 215.130, 215.213 or 215.283 or any local zoning ordinance or regulation, a public or private school, including all buildings essential to the operation of the school, formerly allowed pursuant to ORS 215.213 (1)(a) or 215.283 (1)(a), as in effect before January 1, 2010, may be expanded provided: The expansion complies with ORS 215.296; …
The Legislative Assembly finds that each county should plan for and develop energy resilience and be prepared, in the event of major grid disruption, to maintain basic services and functions. In order to carry out the provisions set forth in subsection (1) of this section, a county may: Develop and adopt an energy resilience plan; and Incorporate the ener…
The powers of an incorporated city to control subdivision and other partitioning of land and to rename thoroughfares in adjacent unincorporated areas shall continue unimpaired by ORS 215.010 to 215.190 and 215.402 to 215.438 until the county governing body that has jurisdiction over the area adopts regulations for controlling subdivision there. Any part of t…
In case a building or other structure is, or is proposed to be, located, constructed, maintained, repaired, altered, or used, or any land is, or is proposed to be, used, in violation of an ordinance or regulation designed to implement a comprehensive plan, the governing body of the county or a person whose interest in real property in the county is or may be…
No person shall locate, construct, maintain, repair, alter, or use a building or other structure or use or transfer land in violation of an ordinance or regulation authorized by ORS 215.010 to 215.190 and 215.402 to 215.438.
AGRICULTURAL LAND USE (Exclusive Farm Use Zones)
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. As used in this se…
The Department of Land Conservation and Development shall develop, in conjunction with local governments and other state agencies, a computerized database that is capable of producing county-wide maps that show the diversity of Oregon’s rural lands. The database shall include, at a minimum, information on soil classifications, forest capabilities, irrigated …
If a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the United States Natural Resources Conservation Service would assist a county to make a better determination of whether land qualifies as agricultural land, the person must request that the Department of Land Conservation and Development arrange…
The Soils Assessment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Soils Assessment Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Land Conservation and Development to meet the costs of the department to assess soils under and to admini…
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: Churches and cemeteries in conjunction with churches. The propagation or harvesting of a forest product. Utility facilities necessary for public service, not including commercial faciliti…
Notwithstanding ORS 215.130 (5) to (11), if a nonfarm use exists in an exclusive farm use zone and is unintentionally destroyed by fire, other casualty or natural disaster, the county may allow by its zoning regulations such use to be reestablished to its previous nature and extent, but the reestablishment shall meet all other building, plumbing, sanitation …
A person who owns a private hunting preserve that was licensed under ORS 497.248 on or before July 28, 2003, and that has not been submitted to the appropriate local governing body or its designee for land use approval may continue to operate the hunting preserve without local land use approval. The hunting preserve may include one sport clay station that ex…
No zoning ordinance enacted by the county governing body may have legal effect unless prior to its enactment the governing body or the planning commission conducts one or more public hearings on the ordinance and unless 10 days’ advance public notice of each hearing is published in a newspaper of general circulation in the county or, in case the ordinance ap…
Nothing in ORS 215.010, 215.030, 215.050, 215.060, 215.110, 215.130, 215.170, 215.185, 215.190, 215.203, 215.213 and 215.223 and this section shall impair the validity of ordinances enacted prior to September 2, 1963. All development patterns made and adopted prior to that time shall be deemed to meet the requirements of ORS 215.010, 215.030, 215.050, 215.06…
As used in this section, “dwelling” means a single-unit residential dwelling not provided in conjunction with farm use. The governing body or its designee may not grant final approval of an application made under ORS 215.213 (3) or 215.284 (1), (2), (3), (4) or (7) for the establishment of a dwelling on a lot or parcel in an exclusive farm use zone that is,…
If a winery sited on land zoned for exclusive farm use or mixed farm and forest use under ORS 215.452 conducts agri-tourism or other commercial events authorized in ORS 215.452 (5), the winery may not conduct agri-tourism or other commercial events or activities authorized by ORS 215.213 (11) or 215.283 (4). Note: 215.237 to 215.239 were enacted into law by…
Notwithstanding ORS 30.938, in an action or claim for relief alleging nuisance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party is not entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal if: The party owns, operates or attends an agri-tour…
The uses authorized by ORS 215.213 (11) or 215.283 (4) may be allowed on lands that are planned and zoned for exclusive farm use and designated as rural reserves under ORS 197A.235 or as urban reserves under ORS 197A.245. Note: See note under 215.237.
The Legislative Assembly finds and declares that: Open land used for agricultural use is an efficient means of conserving natural resources that constitute an important physical, social, aesthetic and economic asset to all of the people of this state, whether living in rural, urban or metropolitan areas of the state. The preservation of a maximum amount of…
The uses allowed under ORS 215.213 (1)(y) and 215.283 (1)(v): 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 bioso…
If biosolids are transported by vehicle to a tract on which the biosolids will be applied to the land under a license, permit or approval issued 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, the transport and the land application are allowed outrig…
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) or 215.283 (1)(v). Note: See note under 215.246.
Nothing in ORS 215.213 (1)(y), 215.246 to 215.249 or 215.283 (1)(v) affects whether the land application of a substance not described in ORS 215.213 (1)(y), 215.246 to 215.249 or 215.283 (1)(v) is a farm use as defined in ORS 215.203. Note: See note under 215.246.
No state agency, city, county or political subdivision of this state may exercise any of its powers to enact local laws or ordinances or impose restrictions or regulations affecting any farm use land situated within an exclusive farm use zone established under ORS 215.203 or within an area designated as marginal land under ORS 197.247 (1991 Edition) in a man…
As used in this section: “Biofuel” has the meaning given that term in ORS 315.141. “Facility for the processing of farm products” means a facility for: Processing farm crops, including the production of biofuel, if at least one-quarter of the farm crops come from the farm operation containing the facility; or Slaughtering, processing or selling poultry, …
Notwithstanding any other provision of this chapter or ORS chapter 195 or 197, a county may provide, or may enter into an agreement with a city or district including under ORS 195.065 to 195.085 to provide, water or wastewater services for residential dwelling units that are within a ground water quality concern area declared under ORS 468B.175 or a ground w…
The Legislative Assembly declares that the creation of small parcels for nonfarm dwellings in exclusive farm use zones introduces potential conflicts into commercial agricultural areas and allows a limited number of nonfarm dwellings in exclusive farm use zones. To protect the state’s land base for commercial agriculture from being divided into multiple parc…
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 …
In approving a land division under ORS 215.263 (2)(a)(C) or (10), the governing body of a county or its designee shall require as a condition of approval that the owner of any parcel not containing a dwelling sign and record in the deed records for the county where the parcel is located an irrevocable deed restriction prohibiting the owner and the owner’s su…
Nothing in ORS 215.130, 215.203, 215.213, 215.243, 215.253, 215.263, 215.273, 215.283, 215.284, 308A.050 to 308A.128 and 316.844 is intended to affect the authority of the Energy Facility Siting Council in determining suitable sites for the issuance of site certificates for thermal power plants, as authorized under ORS 469.300 to 469.563, 469.590 to 469.619 …
As used in this section, “associated transmission line” has the meaning given that term in ORS 469.300. An associated transmission line is necessary for public service if an applicant for approval under ORS 215.213 (1)(c)(B) or 215.283 (1)(c)(B) demonstrates to the governing body of a county or its designee that the associated transmission line meets: At l…
A utility facility established under ORS 215.213 (1)(c)(A) or 215.283 (1)(c)(A) is necessary for public service if the facility must be sited in an exclusive farm use zone in order to provide the service. To demonstrate that a utility facility is necessary, an applicant for approval under ORS 215.213 (1)(c)(A) or 215.283 (1)(c)(A) must show that reasonable …
As used in this section: “Consult” means to make an effort to contact for purpose of notifying the record owner of the opportunity to meet. “High-value farmland” has the meaning given that term in ORS 195.300. “Transmission line” means a linear utility facility by which a utility provider transfers the utility product in bulk from a point of origin or gen…
It is the intent of the Legislative Assembly that the provision of farmworker housing, as defined in ORS 215.278, not allow other types of dwellings not otherwise permitted in exclusive farm use zones and that farmworker housing be consistent with the intent and purposes set forth in ORS 215.243.
The Land Conservation and Development Commission shall revise administrative rules regarding dwellings customarily provided in conjunction with farm use to allow, under ORS 215.213 and 215.283, the establishment of accessory dwellings needed to provide opportunities for farmworker housing for individuals primarily engaged in farm use whose assistance in the …
In any rule adopted by the Land Conservation and Development Commission that establishes a farm income standard to determine whether a dwelling is customarily provided in conjunction with farm use on a tract, the commission shall allow a farm operator to satisfy the income standard by earning the required amount or more of farm income on the tract: In at le…
The Legislative Assembly finds that: Dairies and dairying are an important part of Oregon agriculture and make a significant contribution to the state and local economies; Dairies require continuous on-site labor to operate the dairy and to protect the significant investment in milking and waste disposal facilities, equipment and livestock necessary to ope…
The Land Conservation and Development Commission shall consider the findings of ORS 215.281 and adopt rules that provide standards for the review of a primary or accessory dwelling customarily provided in conjunction with a commercial dairy farm. Notwithstanding any other administrative rule establishing a gross farm income standard, the rules adopted under …
The following uses may be established in any area zoned for exclusive farm use: Churches and cemeteries in conjunction with churches. The propagation or harvesting of a forest product. Utility facilities necessary for public service, not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission t…
In the Willamette Valley, a single-unit residential dwelling not provided in conjunction with farm use may be established, subject to approval of the governing body or its designee, in any area zoned for exclusive farm use upon a finding that: The dwelling or activities associated with the dwelling will not force a significant change in or significantly inc…
A lawfully established dwelling may be altered, restored or replaced under ORS 215.213 (1)(q), 215.283 (1)(p) or 215.755 (1) if the county determines that the dwelling to be altered, restored or replaced: Has, or formerly had: Intact exterior walls and roof structure; Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to…
The county governing body or its designate shall require as a condition of approval of a single-unit dwelling under ORS 215.213, 215.283 or 215.284 or otherwise in a farm or forest zone, that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner’s successors in interest, prohibit…
In addition to the nonfarm uses that may be established under ORS 215.283 (2), and subject to the approval of the governing body or its designate in any area zoned for exclusive farm use subject to ORS 215.296, the use of existing railroad loading and unloading facilities authorized to unload materials regulated under ORS chapter 459 and the expansion of suc…
A use allowed under ORS 215.213 (2) or (11) or 215.283 (2) or (4) may be approved only where the local governing body or its designee finds that the use will not: Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or Significantly increase the cost of accepted farm or forest practices on surr…
As part of the conditional use approval process under ORS 215.296, for the purpose of verifying the existence, continuity and nature of the business described in ORS 215.213 (2)(w) or 215.283 (2)(y), representatives of the business may apply to the county and submit evidence including, but not limited to, sworn affidavits or other documentary evidence that t…
As used in this section and ORS 215.213 (2) and 215.283 (2): “Impact area” means an area extending 1,500 feet in any direction from the area of a proposed mining site or the farthest point from the proposed mining site where a significant conflict exists, whichever is greater, excluding from the area of the proposed mining site any undisturbed buffer areas …
The Legislative Assembly finds that: The extraction of aggregate, other minerals and other subsurface resources is an essential contribution to Oregon’s economic well-being. Oregon has an economic and social interest in locating and providing affordable aggregate, other minerals and other subsurface resources in close proximity to the end user of the mater…
Notwithstanding the provisions of ORS 215.213, 215.283 and 215.284, no application shall be approved to allow batching and blending of mineral and aggregate into asphalt cement within two miles of a planted vineyard. Nothing in this chapter shall be construed to apply to operations for batching and blending of mineral and aggregate under a local land use ap…
The Land Conservation and Development Commission shall not adopt or implement any rule to identify or designate small-scale farmland or secondary land. 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. Any portion of a rule inconsistent with the provisions …
The limitations on uses made of land in exclusive farm use zones described in ORS 215.213, 215.283, 215.284 and 215.700 to 215.780 and limitations imposed by or adopted pursuant to ORS 197.040 do not apply to activities described in this section. The provisions of this section do not affect the eligibility of a zone for special assessment as provided in ORS…
The limitations on uses of land in exclusive farm use zones described in ORS 215.283, 215.284 and 215.700 to 215.780 and limitations imposed by or adopted pursuant to ORS 197.040 do not apply to log truck parking under this section. The provisions of this section do not affect the eligibility of a zone for special assessment as provided in ORS 308A.050 to 3…
As used in this section, “public safety training facility” or “facility” means one or more improvements established by Portland Community College in support of curriculum focused on public safety training or education, including public safety response to an emergency, as defined in ORS 401.025. In addition to the nonfarm uses that may be established in an a…
Unless a county applies the provisions of ORS 215.705 to 215.730 to land zoned for exclusive farm use, a county that adopted marginal lands provisions under ORS 197.247 (1991 Edition), 215.213, 215.214 (1991 Edition), 215.288 (1991 Edition), 215.317, 215.327 and 215.337 (1991 Edition) may continue to apply those provisions. After January 1, 1993, no county m…
A county may allow the following uses to be established on land designated as marginal land under ORS 197.247 (1991 Edition): Intensive farm or forest operations, including but not limited to “farm use” as defined in ORS 215.203. Part-time farms. Woodlots. One single-unit dwelling on a lot or parcel created under ORS 215.327 (1) or (2). One single-unit …
A county may allow the following divisions of marginal land: Divisions of land to create a parcel or lot containing 10 or more acres if the lot or parcel is not adjacent to land zoned for exclusive farm use or forest use or, if it is adjacent to such land, the land qualifies for designation as marginal land under ORS 197.247 (1991 Edition). Divisions of la…
PLANNING AND ZONING HEARINGS AND REVIEW
As used in this section: “Compost” has the meaning given that term in ORS 459.005. “Disposal site” has the meaning given that term in ORS 459.005. “Local government” has the meaning given that term in ORS 174.116. Before an applicant may submit an application under ORS 215.402 to 215.438 for land use approval to establish or modify a disposal site for co…
As used in ORS 215.402 to 215.438 and 215.700 to 215.780 unless the context requires otherwise: “Contested case” means a proceeding in which the legal rights, duties or privileges of specific parties under general rules or policies provided under ORS 215.010 to 215.311, 215.317, 215.327, 215.402 to 215.438 and 215.700 to 215.780, or any ordinance, rule or r…
A county governing body may authorize appointment of one or more planning and zoning hearings officers, to serve at the pleasure of the appointing authority. The hearings officer shall conduct hearings on applications for such classes of permits and contested cases as the county governing body designates. In the absence of a hearings officer a planning comm…
The governing body of a county by ordinance or order shall adopt one or more procedures for the conduct of hearings. The governing body of a county by ordinance or order shall adopt rules stating that all decisions made by the governing body will be based on factual information, including adopted comprehensive plans and land use regulations.
When required or authorized by the ordinances, rules and regulations of a county, an owner of land may apply in writing to such persons as the governing body designates, for a permit, in the manner prescribed by the governing body. The governing body shall establish fees charged for processing permits at an amount no more than the actual or average cost of p…
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 is valid for four years. An extension of a permit described in subsection (1) of this section is valid for…
After the Department of State Lands has provided the county with a copy of the applicable portions of the Statewide Wetlands Inventory, the county shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following that are wholly or partially within areas ide…
A party aggrieved by the action of a hearings officer or other decision-making authority may appeal the action to the planning commission or county governing body, or both, however the governing body prescribes. The appellate authority on its own motion may review the action. The procedure and type of hearing for such an appeal or review shall be prescribed …
A decision relating to aggregate resource uses permitted in ORS 215.213 (2)(d) or 215.283 (2)(b) is subject to review solely under the provisions of ORS 197.195 and 197.828 if: The aggregate resource site is identified as a significant resource site in the acknowledged comprehensive plan; A program to achieve any statewide goal relating to open spaces, sce…
Except as provided in subsections (3), (5) and (10) of this section, the governing body of a county or its designee shall take final action on an application, including resolution of all appeals under ORS 215.422, within the shortest applicable period of the following periods, all of which begin on the date that the application is deemed complete: 150 days;…
If the governing body of the county or its designee does not take final action on an application within the period allowed under ORS 215.427, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted to compel the governing body or its designee to issue the approval. The …
A county governing body may authorize, by ordinance or order, the planning commission or hearings officer to conduct hearings on applications for plan amendments and to make decisions on such applications. A decision of the planning commission or hearings officer on a plan amendment may be appealed to the county governing body. This section shall apply not…
A person whose application for a permit is denied by the governing body of a county or its designee under ORS 215.427 may submit to the county a supplemental application for any or all other uses allowed under the county’s comprehensive plan and land use regulations in the zone that was the subject of the denied application. The governing body of a county o…
Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a county, the governing body of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subs…
If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not …
The governing body of a county or its designate may allow a transmission tower over 200 feet in height to be established in any zone subject to reasonable conditions imposed by the governing body or its designate.
The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use. The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permit…
If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including: W…
As used in this section: “Health professional” means a person licensed or certified by the: Oregon Medical Board; Oregon Board of Dentistry; or Oregon State Board of Nursing. “Health services” means the services that a health professional is licensed or certified to provide. “Local government” has the meaning given that term in ORS 174.116. “Mobile me…
As used in this section: “Average electric generating capacity” has the meaning given that term in ORS 469.300. “Energy generation area” has the meaning given that term in ORS 469.300. “Renewable energy facility” means: A solar photovoltaic power generation facility using: More than 100 acres but not more than 240 acres located on high-value farmland as…
As used in this section, “photovoltaic solar power generation facility” means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity. A photovoltaic solar power generation facility may be established on land that is …
The governing body of a county or its designate may allow, subject to the approval of the governing body or its designate, the establishment of a home occupation and the parking of vehicles in any zone. However, in an exclusive farm use zone, forest zone or a mixed farm and forest zone that allows residential uses, the following standards apply to the home o…
As used in this section: “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of malt beverages produced in conjunction with the farm brewery is a secondary purpose of the event. …
As used in this section: “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of cider produced in conjunction with the cider business is a secondary purpose of the event. “Cider”…
A winery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(p) and 215.283 (1)(n) or on land zoned for mixed farm and forest use if the winery produces wine with a maximum annual production of: Less than 50,000 gallons and: Owns an on-site vineyard of at least 15 acres; Owns a contiguous vineyard of at least 1…
A winery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(p) or 215.283 (1)(n) or on land zoned for mixed farm and forest use if: The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a vineyard; The winery owns at least 80 additional acres of planted vineyards in Oregon t…
A use or structure in an area zoned for exclusive farm use that exists on June 28, 2011, may be lawfully continued, altered, restored or replaced pursuant to ORS 215.130 if the use or structure is located on the same tract, as defined in ORS 215.010, as a winery established under ORS 215.213 (1)(p) or 215.283 (1)(n) that produced more than 250,000 gallons of…
Any winery approved under ORS 215.213, 215.283, 215.284, 215.452 and 215.453 is not a basis for an exception under ORS 197.732 (2)(a) or (b).
A local government may authorize the siting of a winery, on land zoned for exclusive farm use, pursuant to the standards that apply to a commercial activity in conjunction with farm use under ORS 215.213 (2)(c) or 215.283 (2)(a) or other law if the winery: Does not qualify for siting under ORS 215.452 or 215.453; or Seeks to carry out uses or activities th…
A person may establish a youth camp: On land zoned for forest use or mixed farm and forest use, consistent with rules adopted by the Land Conservation and Development Commission. On land in eastern Oregon, as defined in ORS 321.805, that is zoned for exclusive farm use and is composed predominantly of class VI, VII or VIII soils, consistent with rules adop…
Subject to the approval of the county governing body or its designee, a private campground may be established in an area zoned for forest use or mixed farm and forest use. Subject to the approval of the county governing body or its designee, the campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever…
As used in this section and ORS 215.462: “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. “Guest ranch” means a facility for guest lodging units, passive recreational activities described in subsection (6) of this section and food services described …
Notwithstanding ORS 215.283, the governing body of a county or its designee may not allow a guest ranch in conjunction with: A campground as described in ORS 215.283 (2). A golf course as described in ORS 215.283 (2). Notwithstanding ORS 215.263, the governing body of a county or its designee may not approve a proposed division of land in an exclusive far…
As used in this section: “Recreational vehicle” means a recreational vehicle that has not been rendered structurally immobile and is titled with the Department of Transportation. “Rural area” means an area zoned for rural residential use as defined in ORS 215.501 or land that is within the urban growth boundary of a metropolitan service district, but not w…
As used in this section: “Accessory dwelling unit” has the meaning given that term in ORS 215.501. “Area zoned for rural residential use” has the meaning given that term in ORS 215.501. “Single-unit dwelling” has the meaning given that term in ORS 215.501. Consistent with a county’s comprehensive plan, a county may allow an owner of a lot or parcel withi…
As used in this section: “Accessory dwelling unit” means a residential structure that is used in connection with or that is auxiliary to a single-unit dwelling. “Area zoned for rural residential use” means land that is not located inside an urban growth boundary as defined in ORS 197.015 and that is subject to an acknowledged exception to a statewide land …
As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll. All legislative acts relating to comprehensive plans, land use planning or zoning adopted by the governing body of a county shall be by ordinance. Except as provide…
A mortgagee, lienholder, vendor or seller of real property who receives a mailed notice required by this chapter shall promptly forward the notice to the purchaser of the property. Each mailed notice required by this chapter shall contain the following statement: “NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE…
COUNTY CONSTRUCTION CODES
For the protection of the public health, welfare and safety, the governing body of a county may adopt ordinances establishing housing codes for the county, or any portion thereof, except where housing code ordinances are in effect on August 22, 1969, or where such ordinances are enacted by an incorporated city subsequent to August 22, 1969. Such housing code…
Each county in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of county roads and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. Note: 215.606 was enacted into law by the Legislative Assembly but was not added to …
The provisions of housing code ordinances authorized by ORS 215.605 and this section shall apply to all buildings or portions thereof used, or designed or intended to be used for human habitation, and shall include, but not be limited to: Standards for space, occupancy, light, ventilation, sanitation, heating, exits and fire protection. Inspection of such …
FARMLAND AND FORESTLAND ZONES (Lot or Parcel of Record Dwellings)
The Legislative Assembly declares that land use regulations limit residential development on some less productive resource land acquired before the owners could reasonably be expected to know of the regulations. In order to assist these owners while protecting the state’s more productive resource land from the detrimental effects of uses not related to agric…
A governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a farm or forest zone as set forth in this section and ORS 215.710, 215.720, 215.740 and 215.750 after notifying the county assessor that the governing body intends to allow the dwelling. A dwelling under this section may be a…
For purposes of ORS 215.705, high-value farmland is land in a tract composed predominantly of soils that, at the time the siting of a dwelling is approved for the tract, are: Irrigated and classified prime, unique, Class I or Class II; or Not irrigated and classified prime, unique, Class I or Class II. In addition to that land described in subsection (1) …
A dwelling authorized under ORS 215.705 may be allowed on land zoned for forest use under a goal protecting forestland only if: The tract on which the dwelling will be sited is in western Oregon, as defined in ORS 321.257, and is composed of soils not capable of producing 5,000 cubic feet per year of commercial tree species and is located within 1,500 feet …
A local government shall require as a condition of approval of a single-unit dwelling allowed under ORS 215.705 on lands zoned forestland that: If the lot or parcel is more than 30 acres in eastern Oregon as defined in ORS 321.805, the property owner submits a stocking survey report to the assessor and the assessor verifies that the minimum stocking require…
If a dwelling is not allowed under ORS 215.720 (1), a dwelling may be allowed on land zoned for forest use under a goal protecting forestland if it complies with other provisions of law and is sited on a tract: In eastern Oregon of at least 240 contiguous acres except as provided in subsection (3) of this section; or In western Oregon of at least 160 conti…
As used in this section, “center of the subject tract” means the mathematical centroid of the tract. In western Oregon, a governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are: Capable of producing 0 t…
Subject to the approval of the governing body or its designee, the following dwellings may be established in any area zoned for forest use under a land use planning goal protecting forestland, provided that the requirements of the acknowledged comprehensive plan, land use regulations and other applicable provisions of law are met: Alteration, restoration or…
As used in this section, “owner or a relative” means the owner of the lot or parcel, or a relative of the owner or the owner’s spouse, including a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either. A county may approve a new single-unit dwelling on a lot or parcel zoned for for…
An agricultural building, as defined in ORS 455.315, customarily provided in conjunction with farm use or forest use is an authorized use on land zoned for forest use or for mixed farm and forest use. A person may not convert an agricultural building authorized by this section to another use. (Lot or Parcel Sizes)
Except as provided in subsection (2) of this section, the following minimum lot or parcel sizes apply to all counties: For land zoned for exclusive farm use and not designated rangeland, at least 80 acres; For land zoned for exclusive farm use and designated rangeland, at least 160 acres; and For land designated forestland, at least 80 acres. A county ma…
The governing body of a county or its designee may approve a proposed division by partition of land in a forest zone or a mixed farm and forest zone to create one new parcel if the proposed division of land is for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase one of the resul…
As used in this section, notwithstanding ORS 215.010, “parcel” has the meaning given that term in ORS 92.010. Notwithstanding the minimum lot or parcel size established under ORS 215.780 (1), when a portion of a lawfully established unit of land has been included within an urban growth boundary and redesignated for urban uses under the applicable acknowledg…
For the purposes of correcting mapping errors made in the acknowledgment process and updating the designation of farmlands and forestlands for land use planning, a county may conduct a legislative review of lands in the county to determine whether the lands planned and zoned for farm use, forest use or mixed farm and forest use are consistent with the defini…
If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine whether the lands contain ecologically significant natural areas or resources. The county shall consider appropriate goals and the “Oregon Cons…
A county shall submit decisions on planning and rezoning designations under ORS 215.788 to 215.794 to the Department of Land Conservation and Development for review pursuant to the procedures set forth in this section and ORS 197.659. The department shall coordinate with: The State Department of Agriculture in reviewing decisions on planning and rezoning d…
New and existing dwellings may be allowed on a lot or parcel subject to wildlife habitat special assessment under ORS 308A.403 to 308A.430 as follows: Lawfully existing dwellings, pursuant to ORS 215.130 (5) to (11), may remain. For a lot or parcel without an existing dwelling, dwellings may be allowed if each dwelling for which the landowner seeks approva…
CHAPTERS 216 TO 220 [Reserved for expansion] _______________