Oregon Law
Law as of Jan 1, 2026
Chapter contents
215.010Definitions 215.020Authority to establish county planning commissions 215.030Membership of planning commission 215.035[1973 c.552 §10; renumbered 244.135 in 1993] 215.040[Amended by 1973 c.552 §3; repealed by 1977 c.766 §16] 215.042Planning director 215.044Solar access ordinances; purpose; standards 215.046[1973 c.552 §11; repealed by 1977 c.766 §16] 215.047Effect of comprehensive plan and land use regulations on solar access ordinances 215.050Comprehensive planning, zoning and subdivision ordinances; copies available 215.055[1955 c.439 §3; 1963 c.619 §4; 1971 c.13 §2; 1971 c.739 §1; 1973 c.80 §43; 1975 c.153 §1; repealed by 1977 c.766 §16] 215.060Procedure for action on plan; notice; hearing 215.070[Repealed by 1963 c.619 §16] 215.080Power to enter upon land 215.090Information made available to commission 215.100Cooperation with other agencies 215.104[1955 c.439 §4; 1963 c.619 §6; 1967 c.589 §2; 1973 c.552 §7; repealed by 1977 c.766 §16] 215.108[1955 c.439 §5; 1961 c.607 §1; repealed by 1963 c.619 §16] 215.110Recommendations for implementation of comprehensive plan; enactment of ordinances; referral; retroactivity 215.120[Amended by 1957 c.568 §2; repealed by 1963 c.619 §16] 215.124[1955 c.683 §§2, 4; 1957 c.568 §3; repealed by 1959 c.387 §1] 215.126[1955 c.683 §3; 1957 c.568 §1; 1959 c.387 §2; repealed by 1963 c.619 §16] 215.130Application of ordinances and comprehensive plan; alteration of nonconforming use 215.135Expansion of nonconforming school in exclusive farm use zone 215.140[Repealed by 1963 c.619 §16] 215.141Energy resilience plans 215.150[Amended by 1955 c.439 §8; repealed by 1963 c.619 §16] 215.160[Repealed by 1963 c.619 §16] 215.170Authority of cities in unincorporated area 215.180[1955 c.439 §6; 1963 c.619 §11; repealed by 1977 c.766 §16] 215.185Remedies for unlawful structures or land use 215.190Violation of ordinances or regulations 215.200[1957 s.s. c.11 §1; renumbered 215.285] 215.203Zoning ordinances establishing exclusive farm use zones; definitions 215.205[1957 s.s. c.11 §2; renumbered 215.295] 215.207[1989 c.653 §2; repealed by 1999 c.314 §94] 215.209Department of Land Conservation and Development database; rural land maps; contents 215.210[Amended by 1955 c.652 §6; renumbered 215.305] 215.211Agricultural land; detailed soils assessment; fee 215.212Soils Assessment Fund; purposes 215.213Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules 215.214[1979 c.773 §11; 1983 c.743 §4; 1983 c.826 §10; 1985 c.565 §29; 1987 c.729 §5c; repealed by 1993 c.792 §55] 215.215Reestablishment of nonfarm use 215.218Certain private hunting preserves not subject to land use approval; complaint procedures 215.220[Repealed by 1963 c.619 §16] 215.223Procedure for adopting zoning ordinances; notice 215.230[Repealed by 1963 c.619 §16] 215.233Validity of ordinances and development patterns adopted before September 2, 1963 215.236Nonfarm dwelling in exclusive farm use zone; qualification for special assessment 215.237Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone 215.238Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity 215.239Siting of agri-tourism event or activity 215.240[Repealed by 1963 c.619 §16] 215.243Agricultural land use policy 215.246Approval of land application of certain substances; subsequent use of tract of land; consideration of alternatives 215.247Transport of biosolids to tract of land for application 215.249Division of land for application of biosolids 215.250[Repealed by 1973 c.619 §16] 215.251Relationship to other farm uses 215.253Restrictive local ordinances affecting farm use zones prohibited; exception 215.255Farm product processing facility; conditions 215.256County provision of water or wastewater services in ground water quality area 215.260[Amended by 1955 c.652 §3; repealed by 1957 s.s. c.11 §4 (215.261 enacted in lieu of 215.260)] 215.261[1957 s.s. c.11 §5 (enacted in lieu of 215.260); repealed by 1963 c.619 §16] 215.262Legislative findings related to nonfarm dwellings 215.263Land divisions in exclusive farm use zones; criteria for approval; rules 215.265Land divisions; limiting certain causes of action 215.270[Repealed by 1963 c.619 §16] 215.273Applicability to thermal energy power plant siting determinations 215.274Associated transmission lines necessary for public service; criteria; mitigating impact of facility 215.275Utility facilities necessary for public service; criteria; rules; mitigating impact of facility 215.276Required consultation for transmission lines to be located on high-value farmland 215.277Farmworker housing; compliance with agricultural land use policy required 215.278Accessory dwellings for farmworkers; rules 215.279Farm income standard for dwelling in conjunction with farm use 215.280[Repealed by 1963 c.619 §16] 215.281Legislative findings related to dwellings in conjunction with commercial dairy farm 215.282Dwellings in conjunction with commercial dairy farm; rules 215.283Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules 215.284Dwelling not in conjunction with farm use; existing lots or parcels; new lots or parcels 215.285[Formerly 215.200; repealed by 1971 c.13 §1] 215.288[1983 c.826 §16; 1985 c.565 §33; 1985 c.811 §8; repealed by 1993 c.792 §55] 215.290[Repealed by 1963 c.619 §16] 215.291Alteration, restoration or replacement of lawfully established dwelling; conditions; siting; deferral 215.293Dwelling in exclusive farm use or forest zone; condition; declaration; recordation 215.294Railroad facilities handling materials regulated under ORS chapter 459 or 466 215.295[Formerly 215.205; repealed by 1971 c.13 §1] 215.296Standards for approval of certain uses in exclusive farm use zones; violation of standards; complaint; penalties; exceptions to standards 215.297Verifying continuity for approval of certain uses in exclusive farm use zones 215.298Mining in exclusive farm use zone; land use permit 215.299Policy on mining resource lands 215.300[Repealed by 1963 c.619 §16] 215.301Blending materials for cement prohibited near vineyards; exception 215.303[1989 c.861 §8; repealed by 1993 c.792 §55] 215.304Rule adoption; limitations 215.305[Formerly 215.210; repealed by 1971 c.13 §1] 215.306Conducting filming activities in exclusive farm use zones 215.310[Repealed by 1971 c.13 §1] 215.311Log truck parking in exclusive farm use zones; dump truck parking in forest zones or mixed farm and forest zones 215.312Public safety training facility 215.316Termination of adoption of marginal lands 215.317Permitted uses on marginal land 215.320[Repealed by 1971 c.13 §1] 215.325[1953 c.662 §6; 1963 c.9 §4; repealed by 1971 c.13 §1] 215.327Divisions of marginal land 215.330[Repealed by 1971 c.13 §1] 215.337[1983 c.826 §4a; repealed by 1993 c.792 §55] 215.340[Repealed by 1971 c.13 §1] 215.350[Amended by 1953 c.662 §7; repealed by 1971 c.13 §1] 215.360[Amended by 1953 c.662 §7; subsection (2) enacted as 1953 c.662 §1; repealed by 1971 c.13 §1] 215.370[Repealed by 1971 c.13 §1] 215.380[Amended by 1955 c.652 §4; repealed by 1971 c.13 §1] 215.390[Repealed by 1971 c.13 §1] 215.395[1953 c.662 §3; 1955 c.652 §5; repealed by 1971 c.13 §1] 215.398[1955 c.652 §2; repealed by 1971 c.13 §1] 215.400[Repealed by 1971 c.13 §1] 215.401Preapplication process for land use approval of disposal site for composting 215.402Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780 215.406Planning and zoning hearings officers; duties and powers; authority of governing body or planning commission to conduct hearings 215.410[Repealed by 1971 c.13 §1] 215.412Adoption of hearing procedure and rules 215.415[1953 c.662 §5; repealed by 1971 c.13 §1] 215.416Permit application; fees; consolidated procedures; hearings; notice; approval criteria; decision without hearing 215.417Time to act under certain approved permits; extension 215.418Approval of development on wetlands; notice 215.420[Amended by 1955 c.439 §10; repealed by 1971 c.13 §1] 215.422Review of decision of hearings officer or other authority; notice of appeal; fees; appeal of final decision 215.425Review of decision relating to aggregate resources 215.427Deadlines for completeness determination and final action on application; procedure; exceptions; refund of fees 215.428[1983 c.827 §23; 1989 c.761 §15; 1991 c.817 §14; 1995 c.812 §2; 1997 c.844 §7; repealed by 1999 c.393 §2 (215.427 enacted in lieu of 215.428)] 215.429Writ of mandamus authorized after deadline for final action; jurisdiction; process 215.430[1955 c.682 §2; repealed by 1971 c.13 §1] 215.431Plan amendments; hearings by planning commission or hearings officer; exceptions 215.433Supplemental application for remaining permitted uses following denial of initial application 215.435Deadline for final action by county on remand of land use decision; exception 215.437Writ of mandamus authorized after deadline following remand of land use decision 215.438Transmission towers; location; conditions 215.439Solar energy systems in residential or commercial zones 215.440[1955 c.682 §3; repealed by 1971 c.13 §1] 215.441Use of real property for religious activities 215.445Use of private property for mobile medical clinic 215.446Renewable energy facility; application; standards; notices 215.447Photovoltaic solar power generation facilities on high-value farmland 215.448Home occupations; parking; where allowed; conditions 215.449Farm brewery; conditions; permissible uses; reporting 215.450[1955 c.682 §4; repealed by 1971 c.13 §1] 215.451Cider business; conditions; permissible uses; reporting 215.452Winery; conditions; permissible uses 215.453Large winery; conditions; permissible uses 215.454Lawful continuation of certain winery-related uses or structures 215.455Effect of approval of winery on land use laws 215.456Siting winery as commercial activity in exclusive farm use zone 215.457Youth camps allowed in forest zones and mixed farm and forest zones 215.459Private campground in forest zones and mixed farm and forest zones; yurts; rules 215.460[1963 c.619 §15; repealed by 1971 c.13 §1] 215.461Guest ranch; conditions; permissible uses; reporting 215.462Limitations on guest ranch 215.490Recreational vehicles on occupied residential properties 215.495Accessory dwelling units 215.501Conversion of historic homes to accessory dwelling units 215.503Legislative act by ordinance; mailed notice to individual property owners required by county for land use actions 215.505[1969 c.324 §1; repealed by 1977 c.664 §42] 215.508[1977 c.664 §38; repealed by 1999 c.1 §8] 215.510[1969 c.324 §2; 1973 c.80 §47; repealed by 1977 c.664 §42] 215.513Forwarding of notice to property purchaser 215.515[1969 c.324 §3; 1973 c.80 §48; repealed by 1977 c.766 §16] 215.520[1969 c.324 §4; repealed by 1977 c.664 §42] 215.525[1969 c.324 §6; repealed by 1977 c.664 §42] 215.530[1969 c.324 §7; repealed by 1977 c.664 §42] 215.535[1969 c.324 §5; 1973 c.80 §49; repealed by 1977 c.664 §42] 215.605Counties authorized to adopt housing codes 215.606Standards for clustered mailboxes in county roads and rights-of-way 215.610[1969 c.418 §2; 1979 c.190 §407; repealed by 1983 c.327 §16] 215.615Application and contents of housing ordinances 215.620[1997 c.552 §30; renumbered 455.422 in 1999] 215.700Resource land dwelling policy 215.705Dwellings in farm or forest zone; criteria; transferability of application 215.710High-value farmland description for ORS 215.705 215.720Criteria for forestland dwelling under ORS 215.705 215.730Additional criteria for forestland dwelling under ORS 215.705 215.740Large tract forestland dwelling; criteria; rules 215.750Alternative forestland dwelling; criteria 215.755Other forestland dwellings; criteria 215.757Accessory dwellings supporting family forestry; conditions 215.760Agricultural buildings on land zoned for forest use or mixed farm and forest use 215.780Minimum lot or parcel sizes; land division to establish a dwelling; recordation 215.783Land division to preserve open space or park; qualification for special assessment 215.785Exception to minimum lot or parcel sizes 215.788Legislative review of lands zoned for farm and forest use; criteria 215.791Review of nonresource lands for ecological significance; inventory and protection of ecologically significant nonresource lands; criteria 215.794Review of county rezoning designations; rules 215.799Location of dwellings on wildlife habitat land 215.800[1993 c.764 §1; 1997 c.504 §1; 2001 c.708 §8; 2003 c.454 §§86,88; 2003 c.621 §72; repealed by 2003 c.539 §33] 215.801[2001 c.708 §7; 2003 c.454 §90; 2003 c.621 §73; repealed by 2003 c.539 §33] 215.802[1993 c.764 §2; 1997 c.504 §2; 2001 c.708 §9; repealed by 2003 c.539 §33] 215.804[1993 c.764 §3; 1997 c.504 §3; repealed by 2003 c.539 §33] 215.806[1993 c.764 §4; 1999 c.59 §59; 2001 c.708 §10; repealed by 2003 c.539 §33] 215.808[1993 c.764 §5; 1997 c.504 §4; 1999 c.314 §61; 1999 c.503 §8; 1999 c.842 §2; 2001 c.708 §11; 2003 c.454 §§92,94; 2003 c.621 §74; repealed by 2003 c.539 §33] 215.990[Subsections (1) and (2) enacted as 1955 c.439 §11; subsection (5) enacted as 1969 c.324 §8; 1971 c.13 §4; repealed by 1977 c.766 §16]

Chapter 215 — County Land Use Planning; Resource Lands

ORS 215.238 Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity

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:

(1)

The party owns, operates or attends an agri-tourism or other commercial event or activity authorized under ORS 215.213 (11) or 215.283 (4); and

(2)

The action or claim arises from the event or activity.

Note: See note under 215.237.

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Online copy of the published ORS edition

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.