71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2231
 
                           A-Engrossed
 
                         House Bill 2502
                   Ordered by the House May 18
             Including House Amendments dated May 18
 
Sponsored by Representative KRUSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Prohibits use of zoning designation to protect
nonagricultural resource located in exclusive farm use zone. - }
   { +  Modifies types of uses permitted in areas zoned for
exclusive farm use. + }
 
                        A BILL FOR AN ACT
Relating to exclusive farm use zones; amending ORS 92.010,
  215.263 and 215.283 and section 1, chapter 728, Oregon Laws
  1997.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 215.283 is amended to read:
  215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
  (a) Public or private schools, including all buildings
essential to the operation of a school.
  (b) Churches and cemeteries in conjunction with churches.
  (c) The propagation or harvesting of a forest product.
  (d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
  (e) A dwelling on real property used for farm use if the
dwelling is:
  (A) Located on the same lot or parcel as the dwelling of the
farm operator; and
  (B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator
or the farm operator's spouse, whose assistance in the management
of the farm use is or will be required by the farm operator.
  (f) The dwellings and other buildings customarily provided in
conjunction with farm use.
  (g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (1)(a) or (b).
  (h) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (1)(a) or (b).
  (i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
  (j) The breeding, kenneling and training of greyhounds for
racing.
  (k) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
  (L) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
  (m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
  (n) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
  (o) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
  (p) Seasonal farmworker housing as defined in ORS 197.675.
  (q) Creation of, restoration of or enhancement of wetlands.
  (r) A winery, as described in ORS 215.452.
  (s) Farm stands, if:
  (A) The structures are designed and used for the sale of farm
crops and livestock grown on farms in the local agricultural
area, including the sale of retail incidental items, if the sales
of the incidental items make up no more than 25 percent of the
total sales of the farm stand; and
  (B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of
farm crops and livestock and does not include structures for
banquets, public gatherings or public entertainment.
  (t) Alteration, restoration or replacement of a lawfully
established dwelling that:
  (A) Has intact exterior walls and roof structure;
  (B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
  (C) Has interior wiring for interior lights;
  (D) Has a heating system; and
  (E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months
of the completion of the replacement dwelling. A replacement
dwelling may be sited on any part of the same lot or parcel. A
dwelling established under this paragraph shall comply with all
applicable siting standards. However, the standards shall not be
applied in a manner that prohibits the siting of the dwelling. If
the dwelling to be replaced is located on a portion of the lot or
parcel not zoned for exclusive farm use, the applicant, as a
condition of approval, shall execute and record in the deed
records for the county where the property is located a deed
restriction prohibiting the siting of a dwelling on that portion
of the lot or parcel. The restriction imposed shall be
irrevocable unless a statement of release is placed in the deed
records for the county. The release shall be signed by the county
or its designee and state that the provisions of this paragraph
regarding replacement dwellings have changed to allow the siting
of another dwelling. The county planning director or the
director's designee shall maintain a record of the lots and
parcels that do not qualify for the siting of a new dwelling
under the provisions of this paragraph, including a copy of the
deed restrictions and release statements filed under this
paragraph.
  (u) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be
necessary. Buildings or facilities shall not be more than 500
square feet in floor area or placed on a permanent foundation
unless the building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface
or hard surface area unless the surface preexisted the use
approved under this paragraph. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
  (v) A facility for the processing of farm crops located on a
farm operation that provides at least one-quarter of the farm
crops processed at the facility. The building established for the
processing facility shall not exceed 10,000 square feet of floor
area exclusive of the floor area designated for preparation,
storage or other farm use or devote more than 10,000 square feet
to the processing activities within another building supporting
farm uses. A processing facility shall comply with all applicable
siting standards but the standards shall not be applied in a
manner that prohibits the siting of the processing facility.
  (w) Fire service facilities providing rural fire protection
services.
  (x) Irrigation canals, delivery lines and those structures and
accessory operational facilities associated with a district as
defined in ORS 540.505.
  (y) Utility facility service lines. Utility facility service
lines are utility lines and accessory facilities or structures
that end at the point where the utility service is received by
the customer and that are located on one or more of the
following:
  (A) A public right of way;
  (B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has
been obtained; or
  (C) The property to be served by the utility.
  (2) The following nonfarm uses may be established, subject to
the approval of the governing body or its designee in any area
zoned for exclusive farm use subject to ORS 215.296:
  (a) Commercial activities that are in conjunction with farm use
but not including the processing of farm crops as described in
subsection (1)(v) of this section.
  (b) Operations conducted for:
  (A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005 not
otherwise permitted under subsection (1)(g) of this section;
  (B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
  (C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
  (D) Processing of other mineral resources and other subsurface
resources.
  (c) Private parks, playgrounds, hunting and fishing preserves
and campgrounds. Subject to the approval of the county governing
body or its designee, a private campground may provide yurts for
overnight camping. No more than one-third or a maximum of 10
campsites, whichever is smaller, may include a yurt. The yurt
shall be located on the ground or on a wood floor with no
permanent foundation. Upon request of a county governing body,
the Land Conservation and Development Commission may provide by
rule for an increase in the number of yurts allowed on all or a
portion of the campgrounds in a county if the commission
determines that the increase will comply with the standards
described in ORS 215.296 (1). As used in this paragraph, 'yurt'
means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hookup or internal
cooking appliance.
  (d) Parks  { - , - }   { + and + } playgrounds   { - or
community centers owned by a governmental agency or a nonprofit
community organization and operated primarily by and for
residents of the local rural community - } . A public park may be
established consistent with the provisions of ORS 195.120.
   { +  (e) Community centers owned by a governmental agency or a
nonprofit community organization and operated primarily by and
for residents of the local rural community. + }
    { - (e) - }  { +  (f) + } Golf courses.
    { - (f) - }  { +  (g) + } Commercial utility facilities for
the purpose of generating power for public use by sale.
    { - (g) - }  { +  (h) + } Personal-use airports for airplanes
and helicopter pads, including associated hangar, maintenance and
service facilities. A personal-use airport, as used in this
section, means an airstrip restricted, except for aircraft
emergencies, to use by the owner, and, on an infrequent and
occasional basis, by invited guests, and by commercial aviation
activities in connection with agricultural operations. No
aircraft may be based on a personal-use airport other than those
owned or controlled by the owner of the airstrip. Exceptions to
the activities permitted under this definition may be granted
through waiver action by the Oregon Department of Aviation in
specific instances. A personal-use airport lawfully existing as
of September 13, 1975, shall continue to be permitted subject to
any applicable rules of the Oregon Department of Aviation.
    { - (h) - }  { +  (i) + } Home occupations as provided in ORS
215.448.
    { - (i) - }  { +  (j) + } A facility for the primary
processing of forest products, provided that such facility is
found to not seriously interfere with accepted farming practices
and is compatible with farm uses described in ORS 215.203 (2).
Such a facility may be approved for a one-year period which is
renewable. These facilities are intended to be only portable or
temporary in nature. The primary processing of a forest product,
as used in this section, means the use of a portable chipper or
stud mill or other similar methods of initial treatment of a
forest product in order to enable its shipment to market. Forest
products, as used in this section, means timber grown upon a
parcel of land or contiguous land where the primary processing
facility is located.
    { - (j) - }  { +  (k) + } A site for the disposal of solid
waste approved by the governing body of a city or county or both
and for which a permit has been granted under ORS 459.245 by the
Department of Environmental Quality together with equipment,
facilities or buildings necessary for its operation.
    { - (k) - }  { +  (L) + } One manufactured dwelling or
recreational vehicle, or the temporary residential use of an
existing building, in conjunction with an existing dwelling as a
temporary use for the term of a hardship suffered by the existing
resident or a relative of the resident. Within three months of
the end of the hardship, the manufactured dwelling or
recreational vehicle shall be removed or demolished or, in the
case of an existing building, the building shall be removed,
demolished or returned to an allowed nonresidential use. The
governing body or its designee shall provide for periodic review
of the hardship claimed under this paragraph. A temporary
residence approved under this paragraph is not eligible for
replacement under subsection (1)(t) of this section.
    { - (L) - }  { +  (m) + } Transmission towers over 200 feet
in height.
    { - (m) - }  { +  (n) + } Dog kennels not described in
subsection (1)(j) of this section.
    { - (n) - }  { +  (o) + } Residential homes as defined in ORS
197.660, in existing dwellings.
    { - (o) - }  { +  (p) + } The propagation, cultivation,
maintenance and harvesting of aquatic or insect species. Insect
species shall not include any species under quarantine by the
State Department of Agriculture or the United States Department
of Agriculture. The county shall provide notice of all
applications under this paragraph to the State Department of
Agriculture. Notice shall be provided in accordance with the
county's land use regulations but shall be mailed at least 20
calendar days prior to any administrative decision or initial
public hearing on the application.
    { - (p) - }  { +  (q) + } Construction of additional passing
and travel lanes requiring the acquisition of right of way but
not resulting in the creation of new land parcels.
    { - (q) - }  { +  (r) + } Reconstruction or modification of
public roads and highways involving the removal or displacement
of buildings but not resulting in the creation of new land
parcels.
    { - (r) - }  { +  (s) + } Improvement of public road and
highway related facilities, such as maintenance yards, weigh
stations and rest areas, where additional property or right of
way is required but not resulting in the creation of new land
parcels.
    { - (s) - }  { +  (t) + } A destination resort which is
approved consistent with the requirements of any statewide
planning goal relating to the siting of a destination resort.
    { - (t) - }  { +  (u) + } Room and board arrangements for a
maximum of five unrelated persons in existing residences.
    { - (u) - }  { +  (v) + } Operations for the extraction and
bottling of water.
    { - (v) - }  { +  (w) + } Expansion of existing county
fairgrounds and activities directly relating to county
fairgrounds governed by county fair boards established pursuant
to ORS 565.210.
    { - (w)(A) - }  { +  (x)(A) + } A living history museum
related to resource based activities owned and operated by a
governmental agency or a local historical society, together with
limited commercial activities and facilities that are directly
related to the use and enjoyment of the museum and located within
authentic buildings of the depicted historic period or the museum
administration building, if areas other than an exclusive farm
use zone cannot accommodate the museum and related activities or
if the museum administration buildings and parking lot are
located within one quarter mile of an urban growth boundary.
  (B) As used in this paragraph:
  (i) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
  (ii) 'Local historical society' means the local historical
society recognized by the county governing body and organized
under ORS chapter 65.
    { - (x) - }  { +  (y) + } Expansion or replacement of an
existing facility for an animal shelter as defined in ORS
609.500, if the shelter is tax exempt pursuant to section
501(c)(3) of the Internal Revenue Code as amended and in effect
on January 1, 1999.
 
  (3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm
use subject to:
  (a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
  (b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.
  SECTION 2. ORS 215.283, as amended by section 14b, chapter 756,
Oregon Laws 1999, is amended to read:
  215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
  (a) Public or private schools, including all buildings
essential to the operation of a school.
  (b) Churches and cemeteries in conjunction with churches.
  (c) The propagation or harvesting of a forest product.
  (d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
  (e) A dwelling on real property used for farm use if the
dwelling is:
  (A) Located on the same lot or parcel as the dwelling of the
farm operator; and
  (B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator
or the farm operator's spouse, whose assistance in the management
of the farm use is or will be required by the farm operator.
  (f) The dwellings and other buildings customarily provided in
conjunction with farm use.
  (g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (1)(a) or (b).
  (h) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (1)(a) or (b).
  (i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
  (j) The breeding, kenneling and training of greyhounds for
racing.
  (k) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
  (L) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
  (m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
  (n) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
  (o) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
  (p) Seasonal farmworker housing as defined in ORS 197.675.
  (q) Creation of, restoration of or enhancement of wetlands.
  (r) A winery, as described in ORS 215.452.
  (s) Farm stands, if:
  (A) The structures are designed and used for the sale of farm
crops and livestock grown on farms in the local agricultural
area, including the sale of retail incidental items, if the sales
of the incidental items make up no more than 25 percent of the
total sales of the farm stand; and
  (B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of
farm crops and livestock and does not include structures for
banquets, public gatherings or public entertainment.
  (t) Alteration, restoration or replacement of a lawfully
established dwelling that:
  (A) Has intact exterior walls and roof structure;
  (B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
  (C) Has interior wiring for interior lights;
  (D) Has a heating system; and
  (E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months
of the completion of the replacement dwelling. A replacement
dwelling may be sited on any part of the same lot or parcel. A
dwelling established under this paragraph shall comply with all
applicable siting standards. However, the standards shall not be
applied in a manner that prohibits the siting of the dwelling. If
the dwelling to be replaced is located on a portion of the lot or
parcel not zoned for exclusive farm use, the applicant, as a
condition of approval, shall execute and record in the deed
records for the county where the property is located a deed
restriction prohibiting the siting of a dwelling on that portion
of the lot or parcel. The restriction imposed shall be
irrevocable unless a statement of release is placed in the deed
records for the county. The release shall be signed by the county
or its designee and state that the provisions of this paragraph
regarding replacement dwellings have changed to allow the siting
of another dwelling. The county planning director or the
director's designee shall maintain a record of the lots and
parcels that do not qualify for the siting of a new dwelling
under the provisions of this paragraph, including a copy of the
deed restrictions and release statements filed under this
paragraph.
  (u) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be
necessary. Buildings or facilities shall not be more than 500
square feet in floor area or placed on a permanent foundation
unless the building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface
or hard surface area unless the surface preexisted the use
approved under this paragraph. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
  (v) A facility for the processing of farm crops located on a
farm operation that provides at least one-quarter of the farm
crops processed at the facility. The building established for the
processing facility shall not exceed 10,000 square feet of floor
area exclusive of the floor area designated for preparation,
storage or other farm use or devote more than 10,000 square feet
to the processing activities within another building supporting
farm uses. A processing facility shall comply with all applicable
siting standards but the standards shall not be applied in a
manner that prohibits the siting of the processing facility.
  (w) Fire service facilities providing rural fire protection
services.
  (x) Irrigation canals, delivery lines and those structures and
accessory operational facilities associated with a district as
defined in ORS 540.505.
  (y) Utility facility service lines. Utility facility service
lines are utility lines and accessory facilities or structures
that end at the point where the utility service is received by
the customer and that are located on one or more of the
following:
  (A) A public right of way;
  (B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has
been obtained; or
  (C) The property to be served by the utility.
  (2) The following nonfarm uses may be established, subject to
the approval of the governing body or its designee in any area
zoned for exclusive farm use subject to ORS 215.296:
  (a) Commercial activities that are in conjunction with farm use
but not including the processing of farm crops as described in
subsection (1)(v) of this section.
  (b) Operations conducted for:
  (A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005 not
otherwise permitted under subsection (1)(g) of this section;
  (B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
  (C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
  (D) Processing of other mineral resources and other subsurface
resources.
  (c) Private parks, { +   + }playgrounds, hunting and fishing
preserves and campgrounds. Subject to the approval of the county
governing body or its designee, a private campground may provide
yurts for overnight camping. No more than one-third or a maximum
of 10 campsites, whichever is smaller, may include a yurt. The
yurt shall be located on the ground or on a wood floor with no
permanent foundation. Upon request of a county governing body,
the Land Conservation and Development Commission may provide by
rule for an increase in the number of yurts allowed on all or a
portion of the campgrounds in a county if the commission
determines that the increase will comply with the standards
described in ORS 215.296 (1). As used in this paragraph, 'yurt'
means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hookup or internal
cooking appliance.
  (d) Parks  { - , - }  { +  and + } playgrounds   { - or
community centers owned by a governmental agency or a nonprofit
community organization and operated primarily by and for
residents of the local rural community - } . A public park may be
established consistent with the provisions of ORS 195.120.
   { +  (e) Community centers owned by a governmental agency or a
nonprofit community organization and operated primarily by and
for residents of the local rural community. + }
    { - (e) - }  { +  (f) + } Golf courses.
    { - (f) - }  { +  (g) + } Commercial utility facilities for
the purpose of generating power for public use by sale.
    { - (g) - }  { +  (h) + } Personal-use airports for airplanes
and helicopter pads, including associated hangar, maintenance and
service facilities. A personal-use airport, as used in this
section, means an airstrip restricted, except for aircraft
emergencies, to use by the owner, and, on an infrequent and
occasional basis, by invited guests, and by commercial aviation
activities in connection with agricultural operations. No
aircraft may be based on a personal-use airport other than those
owned or controlled by the owner of the airstrip. Exceptions to
the activities permitted under this definition may be granted
through waiver action by the Oregon Department of Aviation in
specific instances. A personal-use airport lawfully existing as
of September 13, 1975, shall continue to be permitted subject to
any applicable rules of the Oregon Department of Aviation.
    { - (h) - }  { +  (i) + } Home occupations as provided in ORS
215.448.
    { - (i) - }  { +  (j) + } A facility for the primary
processing of forest products, provided that such facility is
found to not seriously interfere with accepted farming practices
and is compatible with farm uses described in ORS 215.203 (2).
Such a facility may be approved for a one-year period which is
renewable. These facilities are intended to be only portable or
temporary in nature. The primary processing of a forest product,
as used in this section, means the use of a portable chipper or
stud mill or other similar methods of initial treatment of a
forest product in order to enable its shipment to market. Forest
products, as used in this section, means timber grown upon a
parcel of land or contiguous land where the primary processing
facility is located.
    { - (j) - }  { +  (k) + } A site for the disposal of solid
waste approved by the governing body of a city or county or both
and for which a permit has been granted under ORS 459.245 by the
Department of Environmental Quality together with equipment,
facilities or buildings necessary for its operation.
    { - (k) - }  { +  (L) + } One manufactured dwelling or
recreational vehicle, or the temporary residential use of an
existing building, in conjunction with an existing dwelling as a
temporary use for the term of a hardship suffered by the existing
resident or a relative of the resident. Within three months of
the end of the hardship, the manufactured dwelling or
recreational vehicle shall be removed or demolished or, in the
case of an existing building, the building shall be removed,
demolished or returned to an allowed nonresidential use. The
governing body or its designee shall provide for periodic review
of the hardship claimed under this paragraph. A temporary
residence approved under this paragraph is not eligible for
replacement under subsection (1)(t) of this section.
    { - (L) - }  { +  (m) + } Transmission towers over 200 feet
in height.
    { - (m) - }  { +  (n) + } Dog kennels not described in
subsection (1)(j) of this section.
    { - (n) - }  { +  (o) + } Residential homes as defined in ORS
197.660, in existing dwellings.
    { - (o) - }  { +  (p) + } The propagation, cultivation,
maintenance and harvesting of aquatic or insect species. Insect
species shall not include any species under quarantine by the
State Department of Agriculture or the United States Department
of Agriculture. The county shall provide notice of all
applications under this paragraph to the State Department of
Agriculture. Notice shall be provided in accordance with the
county's land use regulations but shall be mailed at least 20
calendar days prior to any administrative decision or initial
public hearing on the application.
    { - (p) - }  { +  (q) + } Construction of additional passing
and travel lanes requiring the acquisition of right of way but
not resulting in the creation of new land parcels.
    { - (q) - }  { +  (r) + } Reconstruction or modification of
public roads and highways involving the removal or displacement
of buildings but not resulting in the creation of new land
parcels.
    { - (r) - }  { +  (s) + } Improvement of public road and
highway related facilities, such as maintenance yards, weigh
stations and rest areas, where additional property or right of
way is required but not resulting in the creation of new land
parcels.
    { - (s) - }  { +  (t) + } A destination resort which is
approved consistent with the requirements of any statewide
planning goal relating to the siting of a destination resort.
    { - (t) - }  { +  (u) + } Room and board arrangements for a
maximum of five unrelated persons in existing residences.
    { - (u) - }  { +  (v) + } Operations for the extraction and
bottling of water.
    { - (v) - }  { +  (w) + } Expansion of existing county
fairgrounds and activities directly relating to county
fairgrounds governed by county fair boards established pursuant
to ORS 565.210.
    { - (w)(A) - }  { +  (x)(A) + } A living history museum
related to resource based activities owned and operated by a
governmental agency or a local historical society, together with
limited commercial activities and facilities that are directly
related to the use and enjoyment of the museum and located within
authentic buildings of the depicted historic period or the museum
administration building, if areas other than an exclusive farm
use zone cannot accommodate the museum and related activities or
if the museum administration buildings and parking lot are
located within one quarter mile of an urban growth boundary.
  (B) As used in this paragraph:
  (i) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
  (ii) 'Local historical society' means the local historical
society recognized by the county governing body and organized
under ORS chapter 65.
  (3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm
use subject to:
  (a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
  (b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.
  SECTION 3. ORS 92.010 is amended to read:
  92.010. As used in ORS 92.010 to 92.190, unless the context
requires otherwise:
  (1) 'Declarant' means the person who files a declaration under
ORS 92.075.
  (2) 'Declaration' means the instrument described in ORS 92.075
by which the subdivision or partition plat was created.
  (3) 'Lot' means a single unit of land that is created by a
subdivision of land.
  (4) 'Negotiate' means any activity preliminary to the execution
of a binding agreement for the sale of land in a subdivision or
partition, including but not limited to advertising, solicitation
and promotion of the sale of such land.
  (5) 'Parcel' means a single unit of land that is created by a
partitioning of land.
  (6) 'Partition' means either an act of partitioning land or an
area or tract of land partitioned.
  (7) 'Partition land' means to divide land into two or three
parcels of land within a calendar year, but does not include:
 
 
  (a) A division of land resulting from a lien foreclosure,
foreclosure of a recorded contract for the sale of real property
or the creation of cemetery lots;
  (b) An adjustment of a property line by the relocation of a
common boundary where an additional unit of land is not created
and where the existing unit of land reduced in size by the
adjustment complies with any applicable zoning ordinance;
  (c) The division of land resulting from the recording of a
subdivision or condominium plat;
  (d) A sale or grant by a person to a public agency or public
body for state highway, county road, city street or other right
of way purposes provided that such road or right of way complies
with the applicable comprehensive plan and ORS 215.213 (2)(p) to
(r) and 215.283   { - (2)(p) to (r) - }   { + (2)(q) to (s) + }.
However, any property divided by the sale or grant of property
for state highway, county road, city street or other right of way
purposes shall continue to be considered a single unit of land
until such time as the property is further subdivided or
partitioned; or
  (e) A sale or grant by a public agency or public body of excess
property resulting from the acquisition of land by the state, a
political subdivision or special district for highways, county
roads, city streets or other right of way purposes when the sale
or grant is part of a property line adjustment incorporating the
excess right of way into adjacent property. The property line
adjustment shall be approved or disapproved by the applicable
local government. If the property line adjustment is approved, it
shall be recorded in the deed records of the county where the
property is located.
  (8) 'Partition plat' includes a final map and other writing
containing all the descriptions, locations, specifications,
provisions and information concerning a partition.
  (9) 'Plat' includes a final subdivision plat, replat or
partition plat.
  (10) 'Property line' means the division line between two units
of land.
  (11) 'Property line adjustment' means the relocation of a
common property line between two abutting properties.
  (12) 'Replat' means the act of platting the lots, parcels and
easements in a recorded subdivision or partition plat to achieve
a reconfiguration of the existing subdivision or partition plat
or to increase or decrease the number of lots in the subdivision.
  (13) 'Road' or 'street' means a public or private way that is
created to provide ingress or egress for persons to one or more
lots, parcels, areas or tracts of land, excluding a private way
that is created to provide ingress or egress to such land in
conjunction with the use of such land for forestry, mining or
agricultural purposes.
  (14) 'Sale' or 'sell' includes every disposition or transfer of
land in a subdivision or partition or an interest or estate
therein.
  (15) 'Subdivide land' means to divide land into four or more
lots within a calendar year.
  (16) 'Subdivision' means either an act of subdividing land or
an area or a tract of land subdivided.
  (17) 'Subdivision plat' includes a final map and other writing
containing all the descriptions, locations, specifications,
dedications, provisions and information concerning a subdivision.
  SECTION 4. ORS 215.263 is amended to read:
  215.263. (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 body of a county by ordinance
shall require such prior review and approval for such divisions
 
of land within exclusive farm use zones established within the
county.
  (2) The governing body of a county or its designee may approve
a proposed division of land to create parcels for farm use as
defined in ORS 215.203 if it finds:
  (a) That the proposed division of land is appropriate for the
continuation of the existing commercial agricultural enterprise
within the area; or
  (b) The parcels created by the proposed division are not
smaller than the minimum lot size acknowledged under ORS 197.251.
  (3) The governing body of a county or its designee may approve
a proposed division of land in an exclusive farm use zone for
nonfarm uses, except dwellings, set out in ORS 215.213 (2) or
215.283 (2) if it finds that the parcel for the nonfarm use is
not larger than the minimum size necessary for the use. The
governing body may establish other criteria as it considers
necessary.
  (4) The governing body of a county may approve a division of
land in an exclusive farm use zone for a dwelling not provided in
conjunction with farm use only if the dwelling has been approved
under ORS 215.213 (3) or 215.284 (3) or (4). The governing body
of a county shall not approve a subdivision or series partition
for a dwelling not provided in conjunction with farm use. The
provisions of this subsection regarding a series partition apply
only to applications for a land division submitted after July 1,
1997. For purposes of this subsection, 'series partition' shall
have the meaning given that term in ORS 92.305.
  (5) This section shall not apply to the creation or sale of
cemetery lots, if a cemetery is within the boundaries designated
for a farm use zone at the time the zone is established.
  (6) This section shall not apply to divisions of land resulting
from lien foreclosures or divisions of land resulting from
foreclosure of recorded contracts for the sale of real property.
  (7) The governing body of a county shall not approve any
proposed division of a lot or parcel described in ORS 215.213
(1)(e) or (k), 215.283 (1)(e) or   { - (2)(k) - }
 { + (2)(L) + } or 215.284 (1), or a proposed division that
separates a processing facility from the farm operation specified
in ORS 215.213 (1)(y) or 215.283 (1)(v).
  (8) The governing body of a county may approve a proposed
division of land in an exclusive farm use zone to create a parcel
with an existing dwelling to be used:
  (a) As a residential home as described in ORS 197.660 (2) only
if the dwelling has been approved under ORS 215.213 (3) or
215.284 (1), (2), (3) or (4); and
  (b) For historic property that meets the requirements of ORS
215.213 (1)(q) and 215.283 (1)(o).
  (9)(a) Notwithstanding ORS 215.780, the governing body of a
county or its designee may approve a proposed division of land
provided:
  (A) The land division is for the purpose of allowing a provider
of public parks or open space, or a not-for-profit land
conservation organization, to purchase at least one of the
resulting parcels; and
  (B) A parcel created by the land division that contains a
dwelling is large enough to support continued residential use of
the parcel.
  (b) A parcel created pursuant to this subsection that does not
contain a dwelling:
  (A) Is not eligible for siting a dwelling, except as may be
authorized under ORS 195.120;
  (B) May not be considered in approving or denying an
application for siting any other dwelling;
  (C) May not be considered in approving a redesignation or
rezoning of forestlands except for a redesignation or rezoning to
 
allow a public park, open space or other natural resource use;
and
  (D) May not be smaller than 25 acres unless the purpose of the
land division is:
  (i) To facilitate the creation of a wildlife or pedestrian
corridor or the implementation of a wildlife habitat protection
plan; or
  (ii) To allow a transaction in which at least one party is a
public park or open space provider, or a not-for-profit land
conservation organization, that has cumulative ownership of at
least 2,000 acres of open space or park property.
  (10) The governing body of a county or its designee may approve
a division of land smaller than the minimum lot or parcel size
described in ORS 215.780 (1) and (2) in an exclusive farm use
zone provided:
  (a) The division is for the purpose of establishing a church,
including cemeteries in conjunction with the church;
  (b) The church has been approved under ORS 215.213 (1) or
215.283 (1);
  (c) The newly created lot or parcel is not larger than five
acres; and
  (d) The remaining lot or parcel, not including the church,
meets the minimum lot or parcel size described in ORS 215.780 (1)
and (2) either by itself or after it is consolidated with another
lot or parcel.
  (11) The governing body of a county shall not approve a
division of land for nonfarm use under subsection (3), (4), (8),
(9) or (10) of this section unless any additional tax imposed for
the change in use has been paid.
  (12) Parcels used or to be used for training or stabling
facilities shall not be considered appropriate to maintain the
existing commercial agricultural enterprise in an area where
other types of agriculture occur.
  SECTION 5. Section 1, chapter 728, Oregon Laws 1997, as amended
by section 1, chapter 216, Oregon Laws 1999, is amended to read:
   { +  Sec. 1. + } (1) Notwithstanding ORS 215.283, a guest
ranch may be established in conjunction with an existing
livestock operation that qualifies as a farm use under ORS
215.203 in any area zoned for exclusive farm use in eastern
Oregon.
  (2) A guest ranch established under this section shall meet the
following conditions:
  (a) Except as provided in paragraph (d) of this subsection, the
lodge, bunkhouses or cottages cumulatively shall:
  (A) Include not less than four nor more than 10 overnight guest
rooms exclusive of kitchen areas, rest rooms, storage and other
shared indoor facilities; and
  (B) Not exceed a total of 12,000 square feet in floor area.
  (b) The guest ranch shall be located on a lawfully created
parcel that is:
  (A) At least 160 acres;
  (B) The parcel containing the dwelling of the person conducting
the livestock operation; and
  (C) Not classified as high-value farmland as defined in ORS
215.710.
  (c) The guest ranch may be sited on any portion of a lot or
parcel that is more than 10 air miles from an urban growth
boundary containing a population greater than 5,000, regardless
of whether any other portion of the lot or parcel is within 10
miles of the urban growth boundary. The guest ranch shall be
deemed to comply with this paragraph if it is located within the
range set by the standard margin of error on the county's map
used to determine the distance from an urban growth boundary.
  (d) For each doubling of the initial 160 acres required under
paragraph (b) of this subsection, up to five additional overnight
guest rooms and 3,000 square feet of floor area may be added to
the guest ranch for a total of not more than 25 guest rooms and
21,000 square feet of floor area.
  (3) A guest ranch may provide recreational activities that can
be provided in conjunction with the livestock operation's natural
setting, including but not limited to hunting, fishing, hiking,
biking, horseback riding, camping or swimming. Intensively
developed recreational facilities, such as golf courses as
identified in ORS 215.283, shall not be allowed. A campground as
described in ORS 215.283 (2)(c) shall not be allowed in
conjunction with a guest ranch, and a guest ranch shall not be
allowed in conjunction with an existing golf course under ORS
215.283   { - (2)(e) - }   { + (2)(f) + } or with an existing
campground under ORS 215.283 (2)(c).
  (4) Food services shall be incidental to the operation of the
guest ranch and shall be provided only for the guests of the
guest ranch. The cost of meals provided to the guests shall be
included as part of the fee to visit or stay at the guest ranch.
The sale of individual meals to persons who are not guests of the
guest ranch shall not be allowed.
  (5) Approval of a guest ranch shall be subject to the
provisions of ORS 215.296 (1) and (2) and other approval or
siting standards of the county.
  (6) As used in this section:
  (a) 'Eastern Oregon' shall have the meaning provided in ORS
321.405.
  (b) 'Guest ranch' means a facility for overnight lodging
incidental and accessory to an existing livestock operation that
qualifies as a farm use under ORS 215.203. Guest ranch facilities
may include a lodge, bunkhouse or cottage accommodations as well
as passive recreational activities and food services as set forth
in subsections (2) to (4) of this section.
  (c) 'Livestock' means cattle, sheep, horses and bison.
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