Title 20, Counties and County officers

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 adminis…

(1) The following uses may be established in any area zoned for exclusive farm use: (a) Churches and cemeteries in conjunction with churches. (b) The propagation or harvesting of a forest product. (c) Utility facilities necessary for public service, not including commercial facil…

(1) 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: (a) The dwelling or activities a…

(1) 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: (a) Has, or formerly had: (A) Intact exterior walls and roof structure;…

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 docu…

(1) 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 aut…

(1) 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: (a) Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or fores…

(1) 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 …

(1) As used in this section and ORS 215.213 (2) and 215.283 (2): (a) “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 gre…

(1) The Legislative Assembly finds that: (a) The extraction of aggregate, other minerals and other subsurface resources is an essential contribution to Oregon’s economic well-being. (b) Oregon has an economic and social interest in locating and providing affordable aggregate, oth…

(1) 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. (2) Nothing in this chapter shall be construed to apply to …

(1) The Land Conservation and Development Commission shall not adopt or implement any rule to identify or designate small-scale farmland or secondary land. (2) Amendments required to conform rules to the provisions of subsection (1) of this section and ORS 215.700 to 215.780 shal…

(1) 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. (2) The provisions of this se…

(1) 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. (2) The provisions of this section do not a…

(1) 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 defi…

(1) 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…

(1) A county may allow the following uses to be established on land designated as marginal land under ORS 197.247 (1991 Edition): (a) Intensive farm or forest operations, including but not limited to “farm use” as defined in ORS 215.203. (b) Part-time farms. (c) Woodlots. (d) One…

A county may allow the following divisions of marginal land: (1) 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 …

(1) As used in this section: (a) “Compost” has the meaning given that term in ORS 459.005. (b) “Disposal site” has the meaning given that term in ORS 459.005. (c) “Local government” has the meaning given that term in ORS 174.116. (2) Before an applicant may submit an application …

As used in ORS 215.402 to 215.438 and 215.700 to 215.780 unless the context requires otherwise: (1) “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, 215.3…

(1) 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 cou…

(1) The governing body of a county by ordinance or order shall adopt one or more procedures for the conduct of hearings. (2) 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 infor…

(1) 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 char…

(1) 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…

(1) 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 …

(1)(a) 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 acti…

(1) 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: (a) The aggregate resource site is identified as a significant resource site in the acknowledged co…

(1) 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…

(1) 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…

(1) 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. (2) A decision of the planning commission or hearings officer on a pla…

(1) 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 zo…

(1) 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 …

(1) 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…

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. [1983 c.827 §23a]

(1) 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. (2) The installation and use on a commercial structure of a …

(1) 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 activitie…

(1) As used in this section: (a) “Health professional” means a person licensed or certified by the: (A) Oregon Medical Board; (B) Oregon Board of Dentistry; or (C) Oregon State Board of Nursing. (b) “Health services” means the services that a health professional is licensed or ce…

(1) As used in this section: (a) “Average electric generating capacity” has the meaning given that term in ORS 469.300. (b) “Energy generation area” has the meaning given that term in ORS 469.300. (c) “Renewable energy facility” means: (A) A solar photovoltaic power generation fa…

(1) 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.…

(1) 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 f…

(1) As used in this section: (a) “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 beverag…

(1) As used in this section: (a) “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 produc…

(1) 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: (a) Less than 50,000 gallons and: (A…

(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: (a) The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a v…

(1)(a) 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 establishe…

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). [1989 c.525 §5; 2007 c.71 §73; 2011 c.679 §9]

(1) 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: (a) Does not qualif…

A person may establish a youth camp: (1) On land zoned for forest use or mixed farm and forest use, consistent with rules adopted by the Land Conservation and Development Commission. (2) On land in eastern Oregon, as defined in ORS 321.805, that is zoned for exclusive farm use an…

(1)(a) 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 yurt…

(1) As used in this section and ORS 215.462: (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 recrea…