72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2041
 
                         House Bill 2985
 
Sponsored by Representative ZAUNER
 
 
                             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 as
introduced.
 
  Prohibits inclusion of lot, parcel or tract in exclusive farm
use zone unless lot, parcel or tract is capable of providing
gross annual income in excess of specified amount from sale of
farm products using accepted farm practices.
 
                        A BILL FOR AN ACT
Relating to exclusive farm use zone; creating new provisions; and
  amending ORS 215.203.
Be It Enacted by the People of the State of Oregon:
  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.  { + A lot,
parcel or tract may not be included within an exclusive farm use
zone if:
  (a) The land is identified as high-value farmland as provided
in ORS 215.710, and the land is not capable of providing gross
annual income in excess of $80,000 from the sale of farm products
in each of two consecutive years or in three out of five
consecutive years, using accepted farm practices; or
  (b) The land is not identified as high-value farmland as
provided in ORS 215.710, and the land is not capable of providing
gross annual income in excess of $40,000 from the sale of farm
products in each of two consecutive years or in three out of five
consecutive years, using accepted farm practices. + }
  (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 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)(x) and 215.283
(1)(u);
  (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.
  SECTION 2.  { + The amendments to ORS 215.203 by section 1 of
this 2003 Act apply to a lot, parcel or tract that is not
included in an exclusive farm use zone on the effective date of
this 2003 Act. + }
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