72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HMRA to A-Eng. SB 915
 
LC 3705/SB 915-AMR10
 
                      HOUSE MINORITY REPORT
                          AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 915
 
                            August 26
 
Speaker Minnis:
  A minority of your Committee on Rules and Public Affairs, to
whom was referred A-engrossed Senate Bill 915, having had the
same under consideration, respectfully reports it back with the
recommendation that it do pass with the following amendments:
 
  On page 1 of the printed A-engrossed bill, line 2, delete '
215.213 and 215.283' and insert '215.203, 215.213, 215.246,
215.249, 215.263, 215.283 and 308A.056'.
  On page 3, delete lines 29 through 36.
  In line 37, delete '(x)' and insert '(w)'.
  In line 44, delete '(y)' and insert '(x)'.
  In line 45, delete '(z)' and insert '(y)'.
  On page 4, line 2, delete '(aa)' and insert '(z)'.
  In line 9, delete '(bb)' and insert '(aa)'.
  In line 15, delete '(cc)' and insert '(bb)'.
  On page 6, after line 36, insert:
  ' (x) 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.'.
  On page 10, delete lines 16 through 23.
  In line 24, delete '(x)' and insert '(w)'.
  In line 31, delete '(y)' and insert '(x)'.
  In line 32, delete '(z)' and insert '(y)'.
  In line 34, delete '(aa)' and insert '(z)'.
  In line 41, delete '(bb)' and insert '(aa)'.
  On page 11, line 2, delete '(cc)' and insert '(bb)'.
  On page 13, after line 18, insert:
  ' (x) 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.'.
  On page 19, after line 29, insert:
  '  { +  SECTION 4. + } 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. '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) - }
 { + (1)(w) + } 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 5. + } ORS 215.246 is amended to read:
  ' 215.246. (1) The uses allowed under ORS 215.213
 { - (1)(bb) - }  { + (1)(aa) + } and 215.283 (1)(y):
  ' (a) Require a determination by the Department of
Environmental Quality, in conjunction with the department's
review of a license, permit or approval, that the application
rates and site management practices for the land application of
reclaimed water, agricultural or industrial process water or
biosolids ensure continued agricultural, horticultural or
silvicultural production and do not reduce the productivity of
the tract.
  ' (b) Are not subject to other provisions of ORS 215.213 or
215.283 or to the provisions of ORS 215.275 or 215.296.
  ' (2) The use of a tract of land on which the land application
of reclaimed water, agricultural or industrial process water or
biosolids has occurred under this section may not be changed to
allow a different use unless:
  ' (a) The tract is included within an acknowledged urban growth
boundary;
  ' (b) The tract is rezoned to a zone other than an exclusive
farm use zone;
  ' (c) The different use of the tract is a farm use as defined
in ORS 215.203; or
  ' (d) The different use of the tract is a use allowed under:
  ' (A) ORS 215.213 (1)(c), (e) to (g), (k), (m) to (q), (s) to
(u),   { - (x), (z) or (aa) - }  { +  (w), (y) or (z) + };
  ' (B) ORS 215.213 (2)(a) to (c), (i), (m) or (p) to (r);
  ' (C) ORS 215.283 (1)(c), (e), (f), (k) to (o), (q) to (s),
(u), (w) or (x); or
  ' (D) ORS 215.283 (2)(a), (j), (L) or (p) to (s).
  ' (3) When a state agency or a local government makes a land
use decision relating to the land application of reclaimed water,
agricultural or industrial process water or biosolids under a
license, permit or approval by the Department of Environmental
Quality, the applicant shall explain in writing how alternatives
identified in public comments on the land use decision were
considered and, if the alternatives are not used, explain in
writing the reasons for not using the alternatives. The applicant
must consider only those alternatives that are identified with
sufficient specificity to afford the applicant an adequate
opportunity to consider the alternatives. A land use decision
relating to the land application of reclaimed water, agricultural
or industrial process water or biosolids may not be reversed or
remanded under this subsection unless the applicant failed to
consider identified alternatives or to explain in writing the
reasons for not using the alternatives.
  ' (4) The uses allowed under this section include:
  ' (a) The treatment of reclaimed water, agricultural or
industrial process water or biosolids that occurs as a result of
the land application;
  ' (b) The establishment and use of facilities, including
buildings, equipment, aerated and nonaerated water impoundments,
pumps and other irrigation equipment, that are accessory to and
reasonably necessary for the land application to occur on the
subject tract;
  ' (c) The establishment and use of facilities, including
buildings and equipment, that are not on the tract on which the
land application occurs for the transport of reclaimed water,
agricultural or industrial process water or biosolids to the
tract on which the land application occurs if the facilities are
located within:
  ' (A) A public right of way; or
  ' (B) Other land if the landowner provides written consent and
the owner of the facility complies with ORS 215.275 (4); and
  ' (d) The transport by vehicle of reclaimed water or
agricultural or industrial process water to a tract on which the
water will be applied to land.
  ' (5) Uses not allowed under this section include:
  ' (a) The establishment and use of facilities, including
buildings or equipment, for the treatment of reclaimed water,
agricultural or industrial process water or biosolids other than
those treatment facilities related to the treatment that occurs
as a result of the land application; or
  ' (b) The establishment and use of utility facility service
lines allowed under ORS 215.213   { - (1)(aa) - }
 { + (1)(z) + } or 215.283 (1)(x).
  '  { +  SECTION 6. + } ORS 215.249 is amended to read:
  ' 215.249. Notwithstanding ORS 215.263, the governing body of a
county or its designee may not approve a proposed division of
land in an exclusive farm use zone for the land application of
reclaimed water, agricultural or industrial process water or
biosolids described in ORS 215.213   { - (1)(bb) - }
 { + (1)(aa) + } or 215.283 (1)(y).
  '  { +  SECTION 7. + } 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 size established under ORS 215.780.
  ' (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) 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.
  ' (5) In eastern Oregon, as defined in ORS 321.405, 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
215.284 (7);
  ' (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 (7);
  ' (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 20 cubic feet
per acre per year of wood fiber; and
  ' (ii) Either composed of at least 90 percent Class VII and
VIII soils, or composed of at least 90 percent Class VI through
VIII soils and are not capable of producing adequate herbaceous
forage for grazing livestock. The Land Conservation and
Development Commission, in cooperation with the State Department
of Agriculture and other interested persons, may establish by
rule objective criteria for identifying units of land that are
not capable of producing adequate herbaceous forage for grazing
livestock. In developing the criteria, the commission shall use
the latest information from the United States Natural Resources
Conservation Service and consider costs required to utilize
grazing lands that differ in acreage and productivity level;
  ' (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.
  ' (6) This section does 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.
  ' (7) This section does 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.
  ' (8) The governing body of a county may 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)(L) or 215.284 (1), or a
proposed division that separates a processing facility from the
farm operation specified in ORS 215.213   { - (1)(x) - }
 { + (1)(w) + } or 215.283 (1)(u).
  ' (9) 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), (4) or (7); and
  ' (b) For historic property that meets the requirements of ORS
215.213 (1)(q) and 215.283 (1)(o).
  ' (10)(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.
  ' (11) 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.
  ' (12) The governing body of a county may not approve a
division of land for nonfarm use under subsection (3), (4), (5),
(9), (10) or (11) of this section unless any additional tax
imposed for the change in use has been paid.
  ' (13) Parcels used or to be used for training or stabling
facilities may not be considered appropriate to maintain the
existing commercial agricultural enterprise in an area where
other types of agriculture occur.
  '  { +  SECTION 8. + } 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 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)(x) - }
 { + (1)(w) + } 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 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.'.
  In line 30, delete '4' and insert '9'.
 
                         /sPhil Barnhart
                           Representative
 
                         /sLaurie Monnes Anderson
                           Representative
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