71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3326
 
LC 2995/HB 3326-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3326
 
              By COMMITTEE ON WATER AND ENVIRONMENT
 
                             May 22
 
  On page 1 of the printed bill, line 22, delete 'only' and
delete 'not'.
  On page 2, delete lines 16 through 25 and insert:
  ' (4) In western Oregon, as defined in ORS 321.257, but not in
the Willamette Valley, as defined in ORS 215.010, the governing
body of a county or its designee:
  ' (a) May approve a division of land in an exclusive farm use
zone to create up to two new parcels smaller than the minimum
size established under ORS 215.780, each to contain a dwelling
not provided in conjunction with farm use if:
  ' (A) The nonfarm dwellings have been approved under ORS
215.213 (3) or 215.284 (2) or (3);
  ' (B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
  ' (C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that complies with the minimum size established
under ORS 215.780;
  ' (D) The remainder of the original lot or parcel that does not
contain the nonfarm dwellings complies with the minimum size
established under ORS 215.780; and
  ' (E) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.
  ' (b) May approve a division of land in an exclusive farm use
zone to divide a lot or parcel into two parcels, each to contain
one dwelling not provided in conjunction with farm use if:
  ' (A) The nonfarm dwellings have been approved under ORS
215.284 (2) or (3);
  ' (B) The parcels for the nonfarm dwellings are divided from a
lot or parcel that was lawfully created prior to July 1, 2001;
  ' (C) The parcels for the nonfarm dwellings are divided from a
lot or parcel that is equal to or smaller than the minimum size
established under ORS 215.780 but equal to or larger than 40
acres;
  ' (D) The parcels for the nonfarm dwellings are:
  ' (i) Not capable of producing more than at least 50 cubic feet
per acre per year of wood fiber; and
  ' (ii) Composed of at least 90 percent Class VI through VIII
soils;
  ' (E) The parcels for the nonfarm dwellings do not have
established water rights for irrigation; and
  ' (F) The parcels for the nonfarm dwellings are generally
unsuitable for the production of farm crops and livestock or
merchantable tree species considering the terrain, adverse soil
or land conditions, drainage or flooding, vegetation, location
and size of the tract. A parcel may not be considered unsuitable
based solely on size or location if the parcel can reasonably be
put to farm or forest use in conjunction with other land.'.
  On page 3, line 4, after 'minimum' insert 'size'.
  On page 4, line 22, after '(4),' insert '(5),'.
  On page 6, line 19, delete '(4)' and insert '(5)'.
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