Title 20, Counties and County officers

(1) As used in this section, “dwelling” means a single-unit residential dwelling not provided in conjunction with farm use. (2) 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 th…

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…

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 incur…

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. [2011 c.567 §5] Note: See note under 215.237.

The Legislative Assembly finds and declares that: (1) 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,…

(1) The uses allowed under ORS 215.213 (1)(y) and 215.283 (1)(v): (a) 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…

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 adopt…

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)…

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. [2001 c.488 §7; 2003 c.14 §100; 2009 c.850 §7…

(1) 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 …

(1) As used in this section: (a) “Biofuel” has the meaning given that term in ORS 315.141. (b) “Facility for the processing of farm products” means a facility for: (A) Processing farm crops, including the production of biofuel, if at least one-quarter of the farm crops come from …

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 with…

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 st…

(1) 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 bod…

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 …

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 therm…

(1) As used in this section, “associated transmission line” has the meaning given that term in ORS 469.300. (2) 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 govern…

(1) 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. (2) To demonstrate that a utility facility is necessary, an applicant f…

(1) As used in this section: (a) “Consult” means to make an effort to contact for purpose of notifying the record owner of the opportunity to meet. (b) “High-value farmland” has the meaning given that term in ORS 195.300. (c) “Transmission line” means a linear utility facility by…

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 fort…

(1) 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 farmw…

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 standa…

The Legislative Assembly finds that: (1) Dairies and dairying are an important part of Oregon agriculture and make a significant contribution to the state and local economies; (2) Dairies require continuous on-site labor to operate the dairy and to protect the significant investm…

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…