71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3814
LC 3869/HB 3814-4
HOUSE AMENDMENTS TO
HOUSE BILL 3814
By COMMITTEE ON AGRICULTURE AND FORESTRY
April 30
On page 1 of the printed bill, line 2, after 'provisions; '
delete the rest of the line and insert 'amending ORS 215.203,
215.213, 215.283 and 308A.056; and declaring an emergency.'.
Delete lines 4 through 7 and insert:
' { + SECTION 1. + } ORS 215.203 is amended to read:
' 215.203. (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 { + or the by-products produced for crop
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 species and bird and animal
species to the extent allowed by the rules adopted by the State
Fish and Wildlife 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 (1)(e) or 321.415 (5).
' (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)(y) and 215.283
(1)(v);
' (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 (1)(e) or 321.415
(5); and
' (K) Land used for the primary purpose of obtaining a profit
in money by breeding, raising, kenneling or training of
greyhounds for racing.
' (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.'.
In line 8, delete '3' and insert '2'.
In lines 14 through 16, delete the boldfaced material.
On page 3, delete line 45 and insert:
' (cc) Subject to section 6 of this 2001 Act, land-based
application by an entity other than a governmental entity or
nonprofit corporation of reclaimed water, industrial water,
commercial agricultural processing water or biosolids and the
necessary accompanying facilities or equipment to be used for:
' (A) Agricultural, horticultural or silvicultural production;
' (B) Treatment of reclaimed water, industrial water,
commercial agricultural processing water or biosolids that occurs
as a natural result of land-based application; or
' (C) Irrigation in connection with a use otherwise allowed in
an exclusive farm use zone under ORS 215.203.
' (dd) Subject to section 7 of this 2001 Act, land-based
application by a governmental entity or nonprofit corporation of
reclaimed water, industrial water, commercial agricultural
processing water or biosolids and the necessary accompanying
facilities or equipment to be used for:
' (A) Agricultural, horticultural or silvicultural production;
' (B) Treatment of reclaimed water, industrial water,
commercial agricultural processing water or biosolids that occurs
as a natural result of land-based application; or
' (C) Irrigation in connection with a use otherwise allowed in
an exclusive farm use zone under ORS 215.203.'.
On page 4, delete line 1.
On page 7, line 29, delete '4' and insert '3'.
In lines 34 through 36, delete the boldfaced material.
On page 9, delete lines 35 and 36 and insert:
' (z) Subject to section 6 of this 2001 Act, land-based
application by an entity other than a governmental entity or
nonprofit corporation of reclaimed water, industrial water,
commercial agricultural processing water or biosolids and the
necessary accompanying facilities or equipment to be used for:
' (A) Agricultural, horticultural or silvicultural production;
' (B) Treatment of reclaimed water, industrial water,
commercial agricultural processing water or biosolids that occurs
as a natural result of land-based application; or
' (C) Irrigation in connection with a use otherwise allowed in
an exclusive farm use zone under ORS 215.203.
' (aa) Subject to section 7 of this 2001 Act, land-based
application by a governmental entity or nonprofit corporation of
reclaimed water, industrial water, commercial agricultural
processing water or biosolids and the necessary accompanying
facilities or equipment to be used for:
' (A) Agricultural, horticultural or silvicultural production;
' (B) Treatment of reclaimed water, industrial water,
commercial agricultural processing water or biosolids that occurs
as a natural result of land-based application; or
' (C) Irrigation in connection with a use otherwise allowed in
an exclusive farm use zone under ORS 215.203.'.
On page 12, line 3, delete '5' and insert '4'.
In lines 9 through 11, delete the boldfaced material.
On page 14, delete lines 10 and 11 and insert:
' (z) Subject to section 6 of this 2001 Act, land-based
application by an entity other than a governmental entity or
nonprofit corporation of reclaimed water, industrial water,
commercial agricultural processing water or biosolids and the
necessary accompanying facilities or equipment to be used for:
' (A) Agricultural, horticultural or silvicultural production;
' (B) Treatment of reclaimed water, industrial water,
commercial agricultural processing water or biosolids that occurs
as a natural result of land-based application; or
' (C) Irrigation in connection with a use otherwise allowed in
an exclusive farm use zone under ORS 215.203.
' (aa) Subject to section 7 of this 2001 Act, land-based
application by a governmental entity or nonprofit corporation of
reclaimed water, industrial water, commercial agricultural
processing water or biosolids and the necessary accompanying
facilities or equipment to be used for:
' (A) Agricultural, horticultural or silvicultural production;
' (B) Treatment of reclaimed water, industrial water,
commercial agricultural processing water or biosolids that occurs
as a natural result of land-based application; or
' (C) Irrigation in connection with a use otherwise allowed in
an exclusive farm use zone under ORS 215.203.'.
On page 16, delete lines 20 through 45 and delete page 17 and
insert:
' { + SECTION 5. + } ORS 308A.056 is amended to read:
' 308A.056. (1) As used in ORS 308A.050 to 308A.128, 'farm use'
means the current employment of land for the primary purpose of
obtaining a profit in money by:
' (a) Raising, harvesting and selling crops;
' (b) Feeding, breeding, managing or selling livestock,
poultry, fur-bearing animals or honeybees or the produce thereof;
' (c) Dairying and selling dairy products;
' (d) Stabling or training equines, including but not limited
to providing riding lessons, training clinics and schooling
shows;
' (e) Propagating, cultivating, maintaining or harvesting
aquatic species and bird and animal species to the extent allowed
by the rules adopted by the State Fish and Wildlife Commission;
' (f) On-site constructing and maintaining equipment and
facilities used for the activities described in this subsection;
' (g) Preparing, storing or disposing of, by marketing or
otherwise, the products or by-products raised for human or animal
use { + or the by-products produced for crop use + } on land
described in this section; or
' (h) Using land described in this section for any other
agricultural or horticultural use or animal husbandry or any
combination thereof.
' (2) 'Farm use' does not include the use of land subject to
timber and forestland taxation under ORS chapter 321, except land
used exclusively for growing cultured Christmas trees or land
described in ORS 321.267 (1)(e) or 321.415 (5) (relating to land
used to grow certain hardwood timber, including hybrid
cottonwood).
' (3) For purposes of this section, land is currently employed
for farm use if the land is:
' (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 paragraph (d) of this subsection, prior to
maturity;
' (d) Land not in an exclusive farm use zone that 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 farm use land and
that is not currently being used for any economic farm use;
' (f) Except for land under a single family dwelling, land
under buildings supporting accepted farming practices, including
the processing facilities allowed by ORS 215.213 (1)(y) and
215.283 (1)(v);
' (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 when the
absence of farming activity is the result of the illness of the
farmer or a member of the farmer's immediate family, including
injury or infirmity, regardless of whether the illness results in
death;
' (j) Land described under ORS 321.267 (1)(e) or 321.415 (5)
(relating to land used to grow certain hardwood timber, including
hybrid cottonwood); or
' (k) Land used for the primary purpose of obtaining a profit
in money by breeding, raising, kenneling or training greyhounds
for racing.
' (4) As used in this section:
' (a) 'Accepted farming practice' means a mode of operation
that is common to farms of a similar nature, necessary for the
operation of these similar farms to obtain a profit in money and
customarily utilized in conjunction with farm use.
' (b) '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 Agricultural
Marketing Service 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:
' (i) Basal pruning;
' (ii) Fertilizing;
' (iii) Insect and disease control;
' (iv) Stump culture;
' (v) Soil cultivation; or
' (vi) Irrigation.
' { + SECTION 6. + } { + (1) An entity, other than a
governmental entity or nonprofit corporation, may apply reclaimed
water, industrial water, commercial agricultural processing water
or biosolids under ORS 215.213 (1)(cc) or 215.283 (1)(z) if the
Department of Environmental Quality issues a license or permit to
the entity pursuant to ORS 454.695, 459.205 or 468B.050.
' (2) A land-based application under this section may occur
only if the department determines that the land-based application
rates and site management practices will not produce a reduction
in agricultural, horticultural or silvicultural productivity on
the land.
' (3) The necessary accompanying facilities or equipment
allowed under ORS 215.213 (1)(cc) or 215.283 (1)(z) include:
' (a) Buildings or equipment located on the land and auxiliary
to and reasonably necessary for the land-based application to
occur on the subject tract, including aerated and nonaerated
water impoundments, pumps and irrigation equipment;
' (b) Buildings or equipment located on the land and used in
the process of transporting reclaimed water, industrial water,
commercial agricultural processing water or biosolids if the
buildings or equipment are located on a public right of way or
other land; and
' (c) Vehicles used to transport reclaimed water, industrial
water, commercial agricultural processing water or biosolids to
the land upon which the land-based application will occur.
' (4) Buildings and equipment may not be located on other lands
pursuant to subsection (3)(b) of this section unless the owner of
the other lands gives written consent and the owner of the
buildings or equipment complies with the requirements, as
applicable, of ORS 215.275 (4).
' (5) The necessary accompanying facilities or equipment
allowed under ORS 215.213 (1)(cc) or 215.283 (1)(z) do not
include:
' (a) Buildings or equipment related to the treatment of
reclaimed water, industrial water, commercial agricultural
processing water or biosolids if the treatment does not occur as
a natural result of land-based application; or
' (b) Utility facility service lines allowed under ORS 215.213
(1)(bb) or 215.283 (1)(y).
' (6) If biosolids are transported by vehicle to land upon
which the biosolids will be applied pursuant to a license or
permit issued under ORS 454.695, 459.205 or 468B.050 and in
compliance with the rules adopted under ORS 468B.095, the
transport and land-based application are allowed outright and any
approval granted is deemed not to be a land use decision. + }
' { + SECTION 7. + } { + (1) A governmental entity or a
nonprofit corporation may apply reclaimed water, industrial
water, commercial agricultural processing water or biosolids
under ORS 215.213 (1)(dd) or 215.283 (1)(aa) if the Department of
Environmental Quality issues a license or permit to the
governmental entity or nonprofit corporation pursuant to ORS
454.695, 459.205 or 468B.050 and the governmental entity or
nonprofit corporation complies with the rules adopted under ORS
468B.095.
' (2) A land-based application under this section may occur
only if:
' (a) The use is subject to a determination by the local
government that alternatives have been considered. The local
government determination must be supported by documentation from
the applicant enumerating and describing the alternatives to land
ownership that were considered and why the alternatives were not
used; and
' (b) The Department of Environmental Quality determines that
the land-based application rates and site management practices
will not produce a temporary or long-term reduction in
agricultural, horticultural or silvicultural productivity on the
land.
' (3) Land that is used for land-based application under this
section may not be used for another purpose in the future unless:
' (a) The land is included within an urban growth boundary;
' (b) The land is rezoned for a use other than exclusive farm
use;
' (c) The land will be used for farm use, as defined in ORS
215.203; or
' (d) The land will be used as allowed under ORS 215.213
(1)(c), (e), (f), (g), (k), (m), (n), (o), (p), (q), (r), (t),
(u), (v), (y), (aa) or (bb) or (2)(a), (b), (c), (i), (m), (p),
(q) or (r) or 215.283 (1)(c), (e), (f), (k), (L), (m), (n), (o),
(p), (r), (s), (t), (v), (x) or (y) or (2)(a), (i), (k), (o),
(p), (q) or (r).
' (4) The necessary accompanying facilities or equipment
allowed under ORS 215.213 (1)(dd) or 215.283 (1)(aa) include:
' (a) Buildings or equipment located on the land and auxiliary
to and reasonably necessary for the land-based application to
occur on the subject tract, including aerated and nonaerated
water impoundments, pumps and irrigation equipment;
' (b) Buildings or equipment located on the land and used in
the process of transporting reclaimed water, industrial water,
commercial agricultural processing water or biosolids if the
buildings or equipment are located on a public right of way or
other land; and
' (c) Vehicles used to transport reclaimed water, industrial
water, commercial agricultural processing water or biosolids to
the land upon which the land-based application will occur.
' (5) Buildings and equipment may not be located on other lands
pursuant to subsection (4)(b) of this section unless the owner of
the other lands gives written consent and the owner of the
buildings or equipment complies with the requirements, as
applicable, of ORS 215.275 (4).
' (6) The necessary accompanying facilities or equipment
allowed under ORS 215.213 (1)(dd) or 215.283 (1)(aa) do not
include:
' (a) Buildings or equipment related to the treatment of
reclaimed water, industrial water, commercial agricultural
processing water or biosolids if the treatment does not occur as
a natural result of land-based application; and
' (b) Utility facility service lines allowed under ORS 215.213
(1)(bb) or 215.283 (1)(y).
' (7) If biosolids are transported by vehicle to land upon
which the biosolids will be applied pursuant to a license or
permit issued under ORS 454.695, 459.205 or 468B.050 and in
compliance with the rules adopted under ORS 468B.095, the
transport and land-based application are allowed outright and any
approval granted is deemed not to be a land use decision. + }
' { + SECTION 8. + } { + The State Department of
Agriculture, the Department of Environmental Quality, the
Department of Land Conservation and Development and the Health
Division of the Department of Human Services, in conjunction with
local governments and other interested parties, shall jointly
report to the Seventy-second Legislative Assembly on the
implementation of this 2001 Act not later than February 1, 2003.
The report shall include an inventory of the number, type,
acreage, location and zoning of existing operations applying
reclaimed water, industrial water, commercial agricultural
processing water or biosolids to land in Oregon. The inventory
shall include the methods of transport for the reclaimed water,
industrial water, commercial agricultural processing water or
biosolids, the soil types of the lands involved, the
agricultural, horticultural or silvicultural products grown and
the effects on nearby farm and forest operations. The report
shall also evaluate the adequacy and enforcement of the land use
regulations applied by state and local governments and the
standards applied under a permit or license issued by the
Department of Environmental Quality. The report may also include
other matters the agencies or interested parties consider
pertinent to the purposes of the report. Prior to submittal of
the report, the agencies shall distribute the report and take
public testimony on it. + }
' { + SECTION 9. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
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