US Laws, Codes, Statutes & Cases

Chapter 215 — County Planning; Zoning; Housing Codes

 

2007 EDITION

 

COUNTY PLANNING; ZONING; HOUSING CODES

 

COUNTIES AND COUNTY OFFICERS

 

COUNTY PLANNING

 

215.010     Definitions

 

215.020     Authority to establish county planning commissions

 

215.030     Membership of planning commission

 

215.042     Planning director

 

215.044     Solar access ordinances; purpose; standards

 

215.047     Effect of comprehensive plan and land use regulations on solar access ordinances

 

215.050     Comprehensive planning, zoning and subdivision ordinances; copies available

 

215.060     Procedure for action on plan; notice; hearing

 

215.080     Power to enter upon land

 

215.090     Information made available to commission

 

215.100     Cooperation with other agencies

 

215.110     Recommendations for implementation of comprehensive plan; enactment of ordinances; referral; retroactivity

 

215.130     Application of ordinances and comprehensive plan; alteration of nonconforming use

 

215.170     Authority of cities in unincorporated area

 

215.185     Remedies for unlawful structures or land use

 

215.190     Violation of ordinances or regulations

 

AGRICULTURAL LAND USE

 

(Exclusive Farm Use Zones)

 

215.203     Zoning ordinances establishing exclusive farm use zones; definitions

 

215.209     Department of Land Conservation and Development database; rural land maps; contents

 

215.213     Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules

 

215.215     Reestablishment of nonfarm use

 

215.218     Certain private hunting preserves not subject to land use approval; complaint procedures

 

215.223     Procedure for adopting zoning ordinances; notice

 

215.233     Validity of ordinances and development patterns adopted before September 2, 1963

 

215.236     Nonfarm dwelling in exclusive farm use zone; qualification for special assessment

 

215.243     Agricultural land use policy

 

215.246     Approval of land application of certain substances; subsequent use of tract of land; consideration of alternatives

 

215.247     Transport of biosolids to tract of land for application

 

215.249     Division of land for application of biosolids

 

215.251     Relationship to other farm uses

 

215.253     Restrictive local ordinances affecting farm use zones prohibited; exception

 

215.262     Legislative findings related to nonfarm dwellings

 

215.263     Land divisions in exclusive farm use zones; criteria for approval; rules

 

215.265     Land divisions; limiting certain causes of action

 

215.273     Applicability to thermal energy power plant siting determinations

 

215.275     Utility facilities necessary for public service; criteria; rules; mitigating impact of facility

 

215.277     Farmworker housing; compliance with agricultural land use policy required

 

215.278     Accessory dwellings for farmworkers; rules

 

215.281     Legislative findings related to dwellings in conjunction with commercial dairy farm

 

215.282     Dwellings in conjunction with commercial dairy farm; rules

 

215.283     Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules

 

215.284     Dwelling not in conjunction with farm use; existing lots or parcels; new lots or parcels

 

215.293     Dwelling in exclusive farm use or forest zone; condition; declaration; recordation

 

215.294     Railroad facilities handling materials regulated under ORS chapter 466 allowed

 

215.296     Standards for approval of certain uses in exclusive farm use zones; violation of standards; complaint; penalties; exceptions to standards

 

215.297     Verifying continuity for approval of certain uses in exclusive farm use zones

 

215.298     Mining in exclusive farm use zone; land use permit

 

215.301     Blending materials for cement prohibited near vineyards; exception

 

215.304     Rule adoption; limitations

 

215.306     Conducting filming activities in exclusive farm use zones

 

215.311     Parking log trucks in exclusive farm use zones

 

(Marginal Lands)

 

215.316     Termination of adoption of marginal lands

 

215.317     Permitted uses on marginal land

 

215.327     Divisions of marginal land

 

PLANNING AND ZONING HEARINGS AND REVIEW

 

215.402     Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780

 

215.406     Planning and zoning hearings officers; duties and powers; authority of governing body or planning commission to conduct hearings

 

215.412     Adoption of hearing procedure and rules

 

215.416     Permit application; fees; consolidated procedures; hearings; notice; approval criteria; decision without hearing

 

215.417     Time to act under certain approved permits; extension

 

215.418     Approval of development on wetlands; notice

 

215.422     Review of decision of hearings officer or other authority; notice of appeal; fees; appeal of final decision

 

215.425     Review of decision relating to aggregate resources

 

215.427     Final action on permit or zone change application; refund of application fees

 

215.429     Mandamus proceeding when county fails to take final action on land use application within specified time; jurisdiction; notice; peremptory writ

 

215.431     Plan amendments; hearings by planning commission or hearings officer; exceptions

 

215.433     Supplemental application for remaining permitted uses following denial of initial application

 

215.435     Deadline for final action by county on remand of land use decision; exception

 

215.437     Mandamus proceeding when county fails to take final action within specified time on remand of land use decision

 

PERMITTED USES IN ZONES

 

215.438     Transmission towers; location; conditions

 

215.441     Use of real property for religious activity; county regulation of real property used for religious activity

 

215.448     Home occupations; parking; where allowed; conditions

 

215.452     Winery; conditions; local government findings and criteria

 

215.455     Effect of approval of winery on land use laws

 

215.457     Youth camps allowed in forest zones and mixed farm and forest zones

 

215.459     Private campground in forest zones and mixed farm and forest zones; yurts; rules

 

NOTICE TO PROPERTY OWNERS

 

215.503     Legislative act by ordinance; mailed notice to individual property owners required by county for land use actions

 

215.513     Forwarding of notice to property purchaser

 

COUNTY CONSTRUCTION CODES

 

215.605     Counties authorized to adopt housing codes

 

215.615     Application and contents of housing ordinances

 

FARMLAND AND FORESTLAND ZONES

 

(Lot or Parcel of Record Dwellings)

 

215.700     Resource land dwelling policy

 

215.705     Dwellings in farm or forest zone; criteria; transferability of application

 

215.710     High-value farmland description for ORS 215.705

 

215.720     Criteria for forestland dwelling under ORS 215.705

 

215.730     Additional criteria for forestland dwellings under ORS 215.720

 

(Other Forestland Dwellings)

 

215.740     Large tract forestland dwelling; criteria; rules

 

215.750     Alternative forestland dwellings; criteria

 

215.755     Other forestland dwellings; criteria

 

(Lot or Parcel Sizes)

 

215.780     Minimum lot or parcel sizes; land division to establish a dwelling; recordation

 

215.783     Land division to preserve open space or park; qualification for special assessment

 

WILDLIFE HABITAT CONSERVATION PLANNING

 

215.799     Location of dwellings on wildlife habitat land

 

GUEST RANCHES IN EASTERN OREGON

 

(Temporary provisions relating to guest ranches in eastern Oregon are compiled as notes following ORS 215.799)

 

COUNTY PLANNING

 

      215.010 Definitions. As used in this chapter:

      (1) The terms defined in ORS 92.010 shall have the meanings given therein, except that “parcel”:

      (a) Includes a unit of land created:

      (A) By partitioning land as defined in ORS 92.010;

      (B) In compliance with all applicable planning, zoning and partitioning ordinances and regulations; or

      (C) By deed or land sales contract, if there were no applicable planning, zoning or partitioning ordinances or regulations.

      (b) Does not include a unit of land created solely to establish a separate tax account.

      (2) “Tract” means one or more contiguous lots or parcels under the same ownership.

      (3) The terms defined in ORS chapter 197 shall have the meanings given therein.

      (4) “Farm use” has the meaning given that term in ORS 215.203.

      (5) “The Willamette Valley” is Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and the portion of Benton and Lane Counties lying east of the summit of the Coast Range. [Amended by 1955 c.756 §25; 1963 c.619 §1 (1); 1985 c.717 §4; 1993 c.792 §8; 1999 c.327 §1]

 

      215.020 Authority to establish county planning commissions. (1) The governing body of any county may create and provide for the organization and operations of one or more county planning commissions.

      (2) 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 intergovernmental agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.552 §1; 1975 c.767 §15]

 

      215.030 Membership of planning commission. (1) 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; provided that in the first instance the terms of the initial members shall be staggered for one, two, three and four years.

      (2) A commission member may be removed by the governing body, after hearing, for misconduct or nonperformance of duty.

      (3) Any vacancy on the commission shall be filled by the governing body for the unexpired term.

      (4) Members of the commission shall serve without compensation other than reimbursement for duly authorized expenses.

      (5) Members of a commission shall be residents of the various geographic areas of the county. No more than two voting members shall be engaged principally in the buying, selling or developing of real estate for profit, as individuals, or be members of any partnership or officers or employees of any corporation that is engaged principally in the buying, selling or developing of real estate for profit. No more than two voting members shall be engaged in the same kind of occupation, business, trade or profession.

      (6) The governing body may designate one or more officers of the county to be nonvoting members of the commission.

      (7) Except for subsection (5) of this section, the governing body may provide by ordinance for alternative rules to those specified in this section. [Amended by 1963 c.619 §2; 1973 c.552 §2; 1977 c.766 §1]

 

      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]

 

      215.042 Planning director. (1) 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 the county, if one is created.

      (2) The director shall provide assistance, as requested, to the planning commission and shall coordinate the functions of the commission with other departments, agencies and officers of the county that are engaged in functions related to planning for the use of lands within the county.

      (3) The director shall serve at the pleasure of the governing body of the county. [1973 c.552 §9]

 

      215.044 Solar access ordinances; purpose; standards. (1) 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 body shall consider for inclusion in any solar access ordinance, but not be limited to, standards for:

      (a) The orientation of new streets, lots and parcels;

      (b) The placement, height, bulk and orientation of new buildings;

      (c) The type and placement of new trees on public street rights of way and other public property; and

      (d) Planned uses and densities to conserve energy, facilitate the use of solar energy, or both.

      (2) The State Department of Energy shall actively encourage and assist county governing bodies’ efforts to protect and provide for solar access.

      (3) As used in this section, “solar heating hours” means those hours between three hours before and three hours after the sun is at its highest point above the horizon on December 21. [1981 c.722 §2]

 

      215.046 [1973 c.552 §11; repealed by 1977 c.766 §16]

 

      215.047 Effect of comprehensive plan and land use regulations on solar access ordinances. Solar access ordinances shall not be in conflict with acknowledged comprehensive plans and land use regulations. [1981 c.722 §3]

 

      215.050 Comprehensive planning, zoning and subdivision ordinances; copies available. (1) 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.

      (2) Zoning, subdivision or other ordinances or regulations and any revisions or amendments thereof shall be designed to implement the adopted county comprehensive plan.

      (3) A county shall maintain copies of its comprehensive plan and land use regulations, as defined in ORS 197.015, for sale to the public at a charge not to exceed the cost of copying and assembling the material. [Amended by 1955 c.439 §2; 1963 c.619 §3; 1973 c.552 §4; 1977 c.766 §2; 1981 c.748 §41; 1987 c.919 §5; 1991 c.363 §1]

 

      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]

 

      215.060 Procedure for action on plan; notice; hearing. 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 of the county, is so published in the territory so concerned and unless a majority of the members of the governing body approves the action. The notice provisions of this section shall not restrict the giving of notice by other means, including mail, radio and television. [Amended by 1963 c.619 §5; 1967 c.589 §1; 1973 c.552 §6]

 

      215.070 [Repealed by 1963 c.619 §16]

 

      215.080 Power to enter upon land. 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.

 

      215.090 Information made available to commission. 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. [Amended by 1977 c.766 §3]

 

      215.100 Cooperation with other agencies. 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.

 

      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]

 

      215.110 Recommendations for implementation of comprehensive plan; enactment of ordinances; referral; retroactivity. (1) 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:

      (a) Zoning;

      (b) Official maps showing the location and dimensions of, and the degree of permitted access to, existing and proposed thoroughfares, easements and property needed for public purposes;

      (c) Preservation of the integrity of the maps by controls over construction, by making official maps parts of county deed records, and by other action not violative of private property rights;

      (d) Conservation of the natural resources of the county;

      (e) Controlling subdivision and partitioning of land;

      (f) Renaming public thoroughfares;

      (g) Protecting and assuring access to incident solar energy;

      (h) Protecting and assuring access to wind for potential electrical generation or mechanical application; and

      (i) Numbering property.

      (2) The governing body may enact, amend or repeal ordinances to assist in carrying out a comprehensive plan. If an ordinance is recommended by a planning commission, the governing body may make any amendments to the recommendation required in the public interest. If an ordinance is initiated by the governing body, it shall, prior to enactment, request a report and recommendation regarding the ordinance from the planning commission, if one exists, and allow a reasonable time for submission of the report and recommendation.

      (3) The governing body may refer to the electors of the county for their approval or rejection an ordinance or amendments thereto for which this section provides. If only a part of the county is affected, the ordinance or amendment may be referred to that part only.

      (4) An ordinance enacted by authority of this section may prescribe fees and appeal procedures necessary or convenient for carrying out the purposes of the ordinance.

      (5) An ordinance enacted by authority of this section may prescribe limitations designed to encourage and protect the installation and use of solar and wind energy systems.

      (6) No retroactive ordinance shall be enacted under the provisions of this section. [Amended by 1963 c.619 §7; 1973 c.696 §22; 1975 c.153 §2; 1977 c.766 §4; 1979 c.671 §2; 1981 c.590 §7]

 

      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]

 

      215.130 Application of ordinances and comprehensive plan; alteration of nonconforming use. (1) 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.

      (2) An ordinance designed to carry out a county comprehensive plan and a county comprehensive plan shall apply to:

      (a) The area within the county also within the boundaries of a city as a result of extending the boundaries of the city or creating a new city unless, or until the city has by ordinance or other provision provided otherwise; and

      (b) The area within the county also within the boundaries of a city if the governing body of such city adopts an ordinance declaring the area within its boundaries subject to the county’s land use planning and regulatory ordinances, officers and procedures and the county governing body consents to the conferral of jurisdiction.

      (3) An area within the jurisdiction of city land use planning and regulatory provisions that is withdrawn from the city or an area within a city that disincorporates shall remain subject to such plans and regulations which shall be administered by the county until the county provides otherwise.

      (4) County ordinances designed to implement a county comprehensive plan shall apply to publicly owned property.

      (5) The lawful use of any building, structure or land at the time of the enactment or amendment of any zoning ordinance or regulation may be continued. Alteration of any such use may be permitted subject to subsection (9) of this section. Alteration of any such use shall be permitted when necessary to comply with any lawful requirement for alteration in the use. Except as provided in ORS 215.215, a county shall not place conditions upon the continuation or alteration of a use described under this subsection when necessary to comply with state or local health or safety requirements, or to maintain in good repair the existing structures associated with the use. A change of ownership or occupancy shall be permitted.

      (6) Restoration or replacement of any use described in subsection (5) of this section may be permitted when the restoration is made necessary by fire, other casualty or natural disaster. Restoration or replacement shall be commenced within one year from the occurrence of the fire, casualty or natural disaster. If restoration or replacement is necessary under this subsection, restoration or replacement shall be done in compliance with ORS 195.260 (1)(c).

      (7)(a) Any use described in subsection (5) of this section may not be resumed after a period of interruption or abandonment unless the resumed use conforms with the requirements of zoning ordinances or regulations applicable at the time of the proposed resumption.

      (b) Notwithstanding any local ordinance, a surface mining use continued under subsection (5) of this section shall not be deemed to be interrupted or abandoned for any period after July 1, 1972, provided:

      (A) The owner or operator was issued and continuously renewed a state or local surface mining permit, or received and maintained a state or local exemption from surface mining regulation; and

      (B) The surface mining use was not inactive for a period of 12 consecutive years or more.

      (c) For purposes of this subsection, “inactive” means no aggregate materials were excavated, crushed, removed, stockpiled or sold by the owner or operator of the surface mine.

      (8) Any proposal for the verification or alteration of a use under subsection (5) of this section, except an alteration necessary to comply with a lawful requirement, for the restoration or replacement of a use under subsection (6) of this section or for the resumption of a use under subsection (7) of this section shall be subject to the provisions of ORS 215.416. An initial decision by the county or its designate on a proposal for the alteration of a use described in subsection (5) of this section shall be made as an administrative decision without public hearing in the manner provided in ORS 215.416 (11).

      (9) As used in this section, “alteration” of a nonconforming use includes:

      (a) A change in the use of no greater adverse impact to the neighborhood; and

      (b) A change in the structure or physical improvements of no greater adverse impact to the neighborhood.

      (10) A local government may adopt standards and procedures to implement the provisions of this section. The standards and procedures may include but are not limited to the following:

      (a) For purposes of verifying a use under subsection (5) of this section, a county may adopt procedures that allow an applicant for verification to prove the existence, continuity, nature and extent of the use only for the 10-year period immediately preceding the date of application. Evidence proving the existence, continuity, nature and extent of the use for the 10-year period preceding application creates a rebuttable presumption that the use, as proven, lawfully existed at the time the applicable zoning ordinance or regulation was adopted and has continued uninterrupted until the date of application;

      (b) Establishing criteria to determine when a use has been interrupted or abandoned under subsection (7) of this section; or

      (c) Conditioning approval of the alteration of a use in a manner calculated to ensure mitigation of adverse impacts as described in subsection (9) of this section.

      (11) For purposes of verifying a use under subsection (5) of this section, a county may not require an applicant for verification to prove the existence, continuity, nature and extent of the use for a period exceeding 20 years immediately preceding the date of application. [Amended by 1961 c.607 §2; 1963 c.577 §4; 1963 c.619 §9; 1969 c.460 §1; 1973 c.503 §2; 1977 c.766 §5; 1979 c.190 §406; 1979 c.610 §1; 1993 c.792 §52; 1997 c.394 §1; 1999 c.353 §1; 1999 c.458 §1; 1999 c.1103 §10]

 

      215.140 [Repealed by 1963 c.619 §16]

 

      215.150 [Amended by 1955 c.439 §8; repealed by 1963 c.619 §16]

 

      215.160 [Repealed by 1963 c.619 §16]

 

      215.170 Authority of cities in unincorporated area. 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 the area subject to the county regulations shall cease to be subject to the two powers of the city, unless otherwise provided in an urban growth area management agreement jointly adopted by a city and county to establish procedures for regulating land use outside the city limits and within an urban growth boundary acknowledged under ORS 197.251. [Amended by 1963 c.619 §10; 1983 c.570 §4]

 

      215.180 [1955 c.439 §6; 1963 c.619 §11; repealed by 1977 c.766 §16]

 

      215.185 Remedies for unlawful structures or land use. (1) 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 affected by the violation, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate, or remove the unlawful location, construction, maintenance, repair, alteration, or use. When a temporary restraining order is granted in a suit instituted by a person who is not exempt from furnishing bonds or undertakings under ORS 22.010, the person shall furnish undertaking as provided in ORCP 82 A(1).

      (2) The court may allow the prevailing party reasonable attorney fees and expenses in a judicial proceeding authorized by this section that involves a dwelling approved to relieve a temporary hardship. However, if the court allows the plaintiff reasonable attorney fees or expenses, such fees or expenses shall not be charged to the county if the county did not actively defend itself or the landowner in the proceeding.

      (3) Nothing in this section requires the governing body of a county or a person whose interest in real property in the county is or may be affected to avail itself of a remedy allowed by this section or by any other law. [1955 c.439 §7; 1963 c.619 §12; 1977 c.766 §6; 1981 c.898 §48; 1983 c.826 §5; 2001 c.225 §1]

 

      215.190 Violation of ordinances or regulations. 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. [1955 c.439 §9; 1963 c.619 §13]

 

      215.200 [1957 s.s. c.11 §1; renumbered 215.285]

 

AGRICULTURAL LAND USE

 

(Exclusive Farm Use Zones)

 

      215.203 Zoning ordinances establishing exclusive farm use zones; definitions. (1) 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.

      (2)(a) As used in this section, “farm use” means the current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. “Farm use” includes the preparation, storage and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use. “Farm use” also includes the current employment of land for the primary purpose of obtaining a profit in money by stabling or training equines including but not limited to providing riding lessons, training clinics and schooling shows. “Farm use” also includes the propagation, cultivation, maintenance and harvesting of aquatic, bird and animal species that are under the jurisdiction of the State Fish and Wildlife Commission, to the extent allowed by the rules adopted by the commission. “Farm use” includes the on-site construction and maintenance of equipment and facilities used for the activities described in this subsection. “Farm use” does not include the use of land subject to the provisions of ORS chapter 321, except land used exclusively for growing cultured Christmas trees as defined in subsection (3) of this section or land described in ORS 321.267 (3) or 321.824 (3).

      (b) “Current employment” of land for farm use includes:

      (A) Farmland, the operation or use of which is subject to any farm-related government program;

      (B) Land lying fallow for one year as a normal and regular requirement of good agricultural husbandry;

      (C) Land planted in orchards or other perennials, other than land specified in subparagraph (D) of this paragraph, prior to maturity;

      (D) Land not in an exclusive farm use zone which has not been eligible for assessment at special farm use value in the year prior to planting the current crop and has been planted in orchards, cultured Christmas trees or vineyards for at least three years;

      (E) Wasteland, in an exclusive farm use zone, dry or covered with water, neither economically tillable nor grazeable, lying in or adjacent to and in common ownership with a farm use land and which is not currently being used for any economic farm use;

      (F) Except for land under a single family dwelling, land under buildings supporting accepted farm practices, including the processing facilities allowed by ORS 215.213 (1)(x) and 215.283 (1)(u) and the processing of farm crops into biofuel as commercial activities in conjunction with farm use under ORS 215.213 (2)(c) and 215.283 (2)(a);

      (G) Water impoundments lying in or adjacent to and in common ownership with farm use land;

      (H) Any land constituting a woodlot, not to exceed 20 acres, contiguous to and owned by the owner of land specially valued for farm use even if the land constituting the woodlot is not utilized in conjunction with farm use;

      (I) Land lying idle for no more than one year where the absence of farming activity is due to the illness of the farmer or member of the farmer’s immediate family. For purposes of this paragraph, illness includes injury or infirmity whether or not such illness results in death;

      (J) Any land described under ORS 321.267 (3) or 321.824 (3);

      (K) Land used for the primary purpose of obtaining a profit in money by breeding, raising, kenneling or training of greyhounds for racing; and

      (L) Land used for the processing of farm crops into biofuel, as defined in ORS 315.141, if:

      (i) Only the crops of the landowner are being processed;

      (ii) The biofuel from all of the crops purchased for processing into biofuel is used on the farm of the landowner; or

      (iii) The landowner is custom processing crops into biofuel from other landowners in the area for their use or sale.

      (c) As used in this subsection, “accepted farming practice” means a mode of operation that is common to farms of a similar nature, necessary for the operation of such farms to obtain a profit in money, and customarily utilized in conjunction with farm use.

      (3) “Cultured Christmas trees” means trees:

      (a) Grown on lands used exclusively for that purpose, capable of preparation by intensive cultivation methods such as plowing or turning over the soil;

      (b) Of a marketable species;

      (c) Managed to produce trees meeting U.S. No. 2 or better standards for Christmas trees as specified by the Agriculture Marketing Services of the United States Department of Agriculture; and

      (d) Evidencing periodic maintenance practices of shearing for Douglas fir and pine species, weed and brush control and one or more of the following practices: Basal pruning, fertilizing, insect and disease control, stump culture, soil cultivation, irrigation. [1963 c.577 §2; 1963 c.619 §1(2), (3); 1967 c.386 §1; 1973 c.503 §3; 1975 c.210 §1; 1977 c.766 §7; 1977 c.893 §17a; 1979 c.480 §1; 1981 c.804 §73; 1983 c.826 §18; 1985 c.604 §2; 1987 c.305 §4; 1989 c.653 §1; 1989 c.887 §7; 1991 c.459 §344; 1991 c.714 §4; 1993 c.704 §1; 1995 c.79 §75; 1995 c.211 §1; 1997 c.862 §1; 2001 c.613 §18; 2003 c.454 §117; 2003 c.621 §67a; 2005 c.354 §1; 2007 c.739 §34]

 

      215.205 [1957 s.s. c.11 §2; renumbered 215.295]

 

      215.207 [1989 c.653 §2; repealed by 1999 c.314 §94]