75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3234
 
                         House Bill 2898
 
Sponsored by Representative KRIEGER (at the request of Oregon
  Small Woodlands Association)
 
 
                             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.
 
  Authorizes person to use agricultural building on land zoned
for forest use or mixed farm and forest use. Authorizes
forestry-related uses of agricultural building that is not
subject to state structural specialty code.
 
                        A BILL FOR AN ACT
Relating to agricultural building; creating new provisions; and
  amending ORS 455.315.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + A person may use an agricultural building, as
defined in ORS 455.315, on land zoned for forest use or mixed
farm and forest use. + }
  SECTION 2. ORS 455.315 is amended to read:
  455.315. (1)   { - Nothing in this chapter is intended to - }
 { + This chapter does not + } authorize the application of a
state structural specialty code to any agricultural building,
agricultural grading or equine facility.
  (2) As used in this section:
  (a) 'Agricultural building' means a structure located on a farm
 { + or forest operation + } and used   { - in the operation of
the farm - } for:
  (A) Storage, maintenance or repair of farm  { + or forestry + }
machinery and equipment;
  (B) The raising, harvesting and selling of crops { +  or forest
products + };
  (C) The feeding, breeding, management and sale of, or the
produce of, livestock, poultry, fur-bearing animals or honeybees;
  (D) Dairying and the sale of dairy products; or
  (E) Any other agricultural { + , forestry + } or horticultural
use or animal husbandry, or any combination thereof, including
the preparation and storage of the produce raised on the farm for
human use and animal use { + , the preparation and storage of
forest products + } and  { + the + } disposal { + , + } by
marketing or otherwise { + , of farm produce or forest
products + }.
  (b) 'Agricultural building' does not mean:
  (A) A dwelling;
  (B) A structure used for a purpose other than growing plants in
which 10 or more persons are present at any one time;
 
  (C) A structure regulated by the State Fire Marshal pursuant to
ORS chapter 476;
  (D) A structure used by the public; or
  (E) A structure subject to sections 4001 to 4127, title 42,
United States Code (the National Flood Insurance Act of 1968) as
amended, and regulations promulgated thereunder.
  (c) 'Agricultural grading' means grading related to a farming
practice as defined in ORS 30.930.
  (d) 'Equine facility' means a building located on a farm and
used by the farm owner or the public for:
  (A) Stabling or training equines; or
  (B) Riding lessons and training clinics.
  (e) 'Equine facility' does not mean:
  (A) A dwelling;
  (B) A structure in which more than 10 persons are present at
any one time;
  (C) A structure regulated by the State Fire Marshal pursuant to
ORS chapter 476; or
  (D) A structure subject to sections 4001 to 4127, title 42,
United States Code (the National Flood Insurance Act of 1968) as
amended, and regulations promulgated thereunder.
  (3) Notwithstanding the provisions of subsection (1) of this
section, incorporated cities may regulate agricultural buildings
and equine facilities within their boundaries pursuant to this
chapter.
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