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 2117
B-Engrossed
Senate Bill 715
Ordered by the House May 21
Including Senate Amendments dated April 9 and House Amendments
dated May 21
Sponsored by Senator R BEYER (at the request of Leann Collins)
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.
Allows division of property in forestland or mixed farm and
forest land regardless of minimum lot or parcel size if property
has multiple, lawful dwellings, each of which complies with
statutory criteria for replacement dwelling, and each resulting
parcel will have one dwelling.
A BILL FOR AN ACT
Relating to partition of property in forestland; amending ORS
215.780.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 215.780 is amended to read:
215.780. (1) Except as provided in subsection (2) of this
section, the following minimum lot or parcel sizes apply to all
counties:
(a) For land zoned for exclusive farm use and not designated
rangeland, at least 80 acres;
(b) For land zoned for exclusive farm use and designated
rangeland, at least 160 acres; and
(c) For land designated forestland, at least 80 acres.
(2) A county may adopt a lower minimum lot or parcel size than
that described in subsection (1) of this section in any of the
following circumstances:
(a) By demonstrating to the Land Conservation and Development
Commission that it can do so while continuing to meet the
requirements of ORS 215.243 and 527.630 and the land use planning
goals adopted under ORS 197.230.
(b) To allow the establishment of a parcel for a dwelling on
land zoned for forest use or mixed farm and forest use, subject
to the following requirements:
(A) The parcel established shall not be larger than five acres,
except as necessary to recognize physical factors such as roads
or streams, in which case the parcel shall be no larger than 10
acres;
(B) The dwelling existed prior to June 1, 1995;
(C)(i) The remaining parcel, not containing the dwelling, meets
the minimum land division standards of the zone; or
(ii) The remaining parcel, not containing the dwelling, is
consolidated with another parcel, and together the parcels meet
the minimum land division standards of the zone; and
(D) The remaining parcel, not containing the dwelling, is not
entitled to a dwelling unless subsequently authorized by law or
goal.
(c) In addition to the requirements of paragraph (b) of this
subsection, if the land is zoned for mixed farm and forest use
the following requirements apply:
(A) The minimum tract eligible under paragraph (b) of this
subsection is 40 acres.
(B) The tract shall be predominantly in forest use and that
portion in forest use qualified for special assessment under a
program under ORS chapter 321.
(C) The remainder of the tract shall not qualify for any uses
allowed under ORS 215.213 and 215.283 that are not allowed on
forestland.
(d) To allow a division of forestland to facilitate a forest
practice as defined in ORS 527.620 that results in a parcel that
does not meet the minimum area requirements of subsection (1)(c)
of this section or paragraph (a) of this subsection. Parcels
created pursuant to this subsection:
(A) Shall not be eligible for siting of a new dwelling;
(B) Shall not serve as the justification for the siting of a
future dwelling on other lots or parcels;
(C) Shall not, as a result of the land division, be used to
justify redesignation or rezoning of resource lands;
(D) Shall not result in a parcel of less than 35 acres, except:
(i) Where the purpose of the land division is to facilitate an
exchange of lands involving a governmental agency; or
(ii) Where the purpose of the land division is to allow
transactions in which at least one participant is a person with a
cumulative ownership of at least 2,000 acres of forestland; and
(E) If associated with the creation of a parcel where a
dwelling is involved, shall not result in a parcel less than the
minimum lot or parcel size of the zone.
{ + (e) To allow a division of a lot or parcel zoned for
forest use or mixed farm and forest use under a statewide
planning goal protecting forestland if:
(A) At least two dwellings lawfully existed on the lot or
parcel prior to November 4, 1993;
(B) Each dwelling complies with the criteria for a replacement
dwelling under ORS 215.213 (1)(u) or 215.283 (1)(t);
(C) Except for one lot or parcel, each lot or parcel created
under this paragraph is between two and five acres in size;
(D) At least one dwelling is located on each lot or parcel
created under this paragraph; and
(E) The landowner of a lot or parcel created under this
paragraph provides evidence that a restriction prohibiting the
landowner and the landowner's successors in interest from further
dividing the lot or parcel has been recorded with the county
clerk of the county in which the lot or parcel is located. A
restriction imposed under this paragraph shall be irrevocable
unless a statement of release is signed by the county planning
director of the county in which the lot or parcel is located
indicating that the comprehensive plan or land use regulations
applicable to the lot or parcel have been changed so that the lot
or parcel is no longer subject to statewide planning goals
protecting forestland or unless the land division is subsequently
authorized by law or by a change in a statewide planning goal for
land zoned for forest use or mixed farm and forest use.
(3) A county planning director shall maintain a record of lots
and parcels that do not qualify for division under the
restrictions imposed under subsections (2)(e) and (4) of this
section. The record shall be readily available to the public.
(4) A lot or parcel may not be divided under subsection (2)(e)
of this section if an existing dwelling on the lot or parcel was
approved under:
(a) A statute, an administrative rule or a land use regulation
as defined in ORS 197.015 that required removal of the dwelling
or that prohibited subsequent division of the lot or parcel; or
(b) A farm use zone provision that allowed both farm and forest
uses in a mixed farm and forest use zone under a statewide
planning goal protecting forestland. + }
{ - (3) - } { + (5) + } A county with a minimum lot or
parcel size acknowledged by the commission pursuant to ORS
197.251 after January 1, 1987, or acknowledged pursuant to
periodic review requirements under ORS 197.628, 197.633 and
197.636 that is smaller than those prescribed in subsection (1)
of this section need not comply with subsection (2) of this
section.
{ - (4)(a) - } { + (6)(a) + } An applicant for the creation
of a parcel pursuant to subsection (2)(b) of this section shall
provide evidence that a restriction on the remaining parcel, not
containing the dwelling, has been recorded with the county clerk
of the county where the property is located. An applicant for the
creation of a parcel pursuant to subsection (2)(d) of this
section shall provide evidence that a restriction on the newly
created parcel has been recorded with the county clerk of the
county where the property is located. The restriction shall allow
no dwellings unless authorized by law or goal on land zoned for
forest use except as permitted under subsection (2) of this
section.
(b) A restriction imposed under this subsection shall be
irrevocable unless a statement of release is signed by the county
planning director of the county where the property is located
indicating that the comprehensive plan or land use regulations
applicable to the property have been changed in such a manner
that the parcel is no longer subject to statewide planning goals
pertaining to agricultural land or forestland.
(c) The county planning director shall maintain a record of
parcels that do not qualify for the siting of a new dwelling
under restrictions imposed by this subsection. The record shall
be readily available to the public.
{ - (5) - } { + (7) + } A landowner allowed a land division
under subsection (2) of this section shall sign a statement that
shall be recorded with the county clerk of the county in which
the property is located, declaring that the landowner { + and
the landowner's successors in interest + } will not in the future
complain about accepted farming or forest practices on nearby
lands devoted to farm or forest use.
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