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 1781
House Bill 3096
Sponsored by Representative CLEM (at the request of Oregon Farm
Bureau)
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.
Expands application of definition of high-value farmland to
encompass local and comprehensive land use planning.
A BILL FOR AN ACT
Relating to high-value farmland; creating new provisions; and
amending ORS 94.508, 195.300, 197.015, 197.045, 197.298,
197.505, 197.825, 215.705, 215.710 and 455.446 and section 1,
chapter 728, Oregon Laws 1997, and sections 7 and 11, chapter
424, Oregon Laws 2007.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.015 is amended to read:
197.015. As used in ORS chapters 195, 196 and 197, unless the
context requires otherwise:
(1) 'Acknowledgment' means a commission order that certifies
that a comprehensive plan and land use regulations, land use
regulation or plan or regulation amendment complies with the
goals or certifies that Metro land use planning goals and
objectives, Metro regional framework plan, amendments to Metro
planning goals and objectives or amendments to the Metro regional
framework plan comply with the statewide planning goals.
(2) 'Board' means the Land Use Board of Appeals.
(3) 'Carport' means a stationary structure consisting of a roof
with its supports and not more than one wall, or storage cabinet
substituting for a wall, and used for sheltering a motor vehicle.
(4) 'Commission' means the Land Conservation and Development
Commission.
(5) 'Comprehensive plan' means a generalized, coordinated land
use map and policy statement of the governing body of a local
government that interrelates all functional and natural systems
and activities relating to the use of lands, including but not
limited to sewer and water systems, transportation systems,
educational facilities, recreational facilities, and natural
resources and air and water quality management programs. '
Comprehensive' means all-inclusive, both in terms of the
geographic area covered and functional and natural activities and
systems occurring in the area covered by the plan. 'General
nature' means a summary of policies and proposals in broad
categories and does not necessarily indicate specific locations
of any area, activity or use. A plan is 'coordinated' when the
needs of all levels of governments, semipublic and private
agencies and the citizens of Oregon have been considered and
accommodated as much as possible. 'Land' includes water, both
surface and subsurface, and the air.
(6) 'Department' means the Department of Land Conservation and
Development.
(7) 'Director' means the Director of the Department of Land
Conservation and Development.
(8) 'Goals' means the mandatory statewide planning standards
adopted by the commission pursuant to ORS chapters 195, 196 and
197.
(9) 'Guidelines' means suggested approaches designed to aid
cities and counties in preparation, adoption and implementation
of comprehensive plans in compliance with goals and to aid state
agencies and special districts in the preparation, adoption and
implementation of plans, programs and regulations in compliance
with goals. Guidelines shall be advisory and shall not limit
state agencies, cities, counties and special districts to a
single approach.
{ + (10) 'High-value farmland' means:
(a) Land that is in an exclusive farm use zone or a mixed farm
and forest zone and that:
(A) Is land in a tract composed predominantly of soils that, at
the time the siting of a dwelling is approved for the tract, are:
(i) Irrigated and classified prime, unique, Class I or Class
II; or
(ii) Not irrigated and classified prime, unique, Class I or
Class II.
(B) If outside the Willamette Valley, includes tracts growing
specified perennials as demonstrated by the most recent aerial
photography of the Farm Service Agency of the United States
Department of Agriculture taken prior to December 6, 2007. For
purposes of this subparagraph, 'specified perennials' means
perennials grown for market or research purposes including, but
not limited to, nursery stock, berries, fruits, nuts, Christmas
trees or vineyards but not including seed crops, hay, pasture or
alfalfa.
(C) If in the Willamette Valley, includes tracts composed
predominantly of the following soils in Class III or IV or
composed predominantly of a combination of soils described in
subparagraph (A) of this paragraph and the following soils:
(i) Subclassification IIIe, specifically, Bellpine, Bornstedt,
Burlington, Briedwell, Carlton, Cascade, Chehalem, Cornelius,
Cornelius Variant, Cornelius and Kinton, Helvetia, Hillsboro,
Hullt, Jory, Kinton, Latourell, Laurelwood, Melbourne, Multnomah,
Nekia, Powell, Price, Quatama, Salkum, Santiam, Saum, Sawtell,
Silverton, Veneta, Willakenzie, Woodburn and Yamhill;
(ii) Subclassification IIIw, specifically, Concord, Conser,
Cornelius Variant, Dayton (thick surface) and Sifton
(occasionally flooded);
(iii) Subclassification IVe, specifically, Bellpine Silty Clay
Loam, Carlton, Cornelius, Jory, Kinton, Latourell, Laurelwood,
Powell, Quatama, Springwater, Willakenzie and Yamhill; and
(iv) Subclassification IVw, specifically, Awbrig, Bashaw,
Courtney, Dayton, Natroy, Noti and Whiteson.
(D) If west of the summit of the Coast Range and used in
conjunction with a dairy operation on December 6, 2007, includes
tracts composed predominantly of the following soils in Class III
or IV or composed predominantly of a combination of soils
described in subparagraph (A) of this paragraph and the following
soils:
(i) Subclassification IIIe, specifically, Astoria, Hembre,
Knappa, Meda, Quillayutte and Winema;
(ii) Subclassification IIIw, specifically, Brenner and
Chitwood;
(iii) Subclassification IVe, specifically, Astoria, Hembre,
Meda, Nehalan, Neskowin and Winema; and
(iv) Subclassification IVw, specifically, Coquille.
(b) Land west of U.S. Highway 101 that is composed
predominantly of the following soils in Class III or IV or
composed predominantly of a combination of the soils described in
paragraph (a)(A) of this subsection and the following soils:
(A) Subclassification IIIw, specifically Ettersburg Silt Loam
and Croftland Silty Clay Loam;
(B) Subclassification IIIe, specifically Klooqueth Silty Clay
Loam and Winchuck Silt Loam; and
(C) Subclassification IVw, specifically Huffling Silty Clay
Loam.
(c) Land that is in an exclusive farm use zone or a mixed farm
and forest zone and that on June 28, 2007, is:
(A) Within the place of use for a permit, certificate or decree
for the use of water for irrigation issued by the Water Resources
Department;
(B) Within the boundaries of a district, as defined in ORS
540.505; or
(C) Within the boundaries of a diking district formed under ORS
chapter 551.
(d) Land that contains not less than five acres planted in wine
grapes.
(e) Land that is in an exclusive farm use zone and that is at
an elevation between 200 and 1,000 feet above mean sea level,
with an aspect between 67.5 and 292.5 degrees and a slope between
zero and 15 percent, and that is located within:
(A) The Southern Oregon viticultural area as described in 27
C.F.R. 9.179;
(B) The Umpqua Valley viticultural area as described in 27
C.F.R. 9.89; or
(C) The Willamette Valley viticultural area as described in 27
C.F.R. 9.90.
(f) Land that is in an exclusive farm use zone and that is no
more than 3,000 feet above mean sea level, with an aspect between
67.5 and 292.5 degrees and a slope between zero and 15 percent,
and that is located within:
(A) The portion of the Columbia Gorge viticultural area as
described in 27 C.F.R. 9.178 that is within the State of Oregon;
(B) The Rogue Valley viticultural area as described in 27
C.F.R. 9.132;
(C) The portion of the Columbia Valley viticultural area as
described in 27 C.F.R. 9.74 that is within the State of Oregon;
(D) The portion of the Walla Walla Valley viticultural area as
described in 27 C.F.R. 9.91 that is within the State of Oregon;
or
(E) The portion of the Snake River Valley viticultural area as
described in 27 C.F.R. 9.208 that is within the State of
Oregon. + }
{ - (10) - } { + (11) + } 'Land use decision':
(a) Includes:
(A) A final decision or determination made by a local
government or special district that concerns the adoption,
amendment or application of:
(i) The goals;
(ii) A comprehensive plan provision;
(iii) A land use regulation; or
(iv) A new land use regulation;
(B) A final decision or determination of a state agency other
than the commission with respect to which the agency is required
to apply the goals; or
(C) A decision of a county planning commission made under ORS
433.763;
(b) Does not include a decision of a local government:
(A) That is made under land use standards that do not require
interpretation or the exercise of policy or legal judgment;
(B) That approves or denies a building permit issued under
clear and objective land use standards;
(C) That is a limited land use decision;
(D) That determines final engineering design, construction,
operation, maintenance, repair or preservation of a
transportation facility that is otherwise authorized by and
consistent with the comprehensive plan and land use regulations;
(E) That is an expedited land division as described in ORS
197.360;
(F) That approves, pursuant to ORS 480.450 (7), the siting,
installation, maintenance or removal of a liquid petroleum gas
container or receptacle regulated exclusively by the State Fire
Marshal under ORS 480.410 to 480.460; or
(G) That approves or denies approval of a final subdivision or
partition plat or that determines whether a final subdivision or
partition plat substantially conforms to the tentative
subdivision or partition plan;
(c) Does not include a decision by a school district to close a
school;
(d) Does not include authorization of an outdoor mass gathering
as defined in ORS 433.735, or other gathering of fewer than 3,000
persons that is not anticipated to continue for more than 120
hours in any three-month period; and
(e) Does not include:
(A) A writ of mandamus issued by a circuit court in accordance
with ORS 215.429 or 227.179; or
(B) Any local decision or action taken on an application
subject to ORS 215.427 or 227.178 after a petition for a writ of
mandamus has been filed under ORS 215.429 or 227.179.
{ - (11) - } { + (12) + } 'Land use regulation' means any
local government zoning ordinance, land division ordinance
adopted under ORS 92.044 or 92.046 or similar general ordinance
establishing standards for implementing a comprehensive plan.
{ - (12) - } { + (13) + } 'Limited land use decision':
(a) Means a final decision or determination made by a local
government pertaining to a site within an urban growth boundary
that concerns:
(A) The approval or denial of a tentative subdivision or
partition plan, as described in ORS 92.040 (1).
(B) The approval or denial of an application based on
discretionary standards designed to regulate the physical
characteristics of a use permitted outright, including but not
limited to site review and design review.
(b) Does not mean a final decision made by a local government
pertaining to a site within an urban growth boundary that
concerns approval or denial of a final subdivision or partition
plat or that determines whether a final subdivision or partition
plat substantially conforms to the tentative subdivision or
partition plan.
{ - (13) - } { + (14) + } 'Local government' means any
city, county or metropolitan service district formed under ORS
chapter 268 or an association of local governments performing
land use planning functions under ORS 195.025.
{ - (14) - } { + (15) + } 'Metro' means a metropolitan
service district organized under ORS chapter 268.
{ - (15) - } { + (16) + } 'Metro planning goals and
objectives' means the land use goals and objectives that a
metropolitan service district may adopt under ORS 268.380 (1)(a).
The goals and objectives do not constitute a comprehensive plan.
{ - (16) - } { + (17) + } 'Metro regional framework plan'
means the regional framework plan required by the 1992 Metro
Charter or its separate components. Neither the regional
framework plan nor its individual components constitute a
comprehensive plan.
{ - (17) - } { + (18) + } 'New land use regulation' means a
land use regulation other than an amendment to an acknowledged
land use regulation adopted by a local government that already
has a comprehensive plan and land regulations acknowledged under
ORS 197.251.
{ - (18) - } { + (19) + } 'Person' means any individual,
partnership, corporation, association, governmental subdivision
or agency or public or private organization of any kind. The Land
Conservation and Development Commission or its designee is
considered a person for purposes of appeal under ORS chapters 195
and 197.
{ - (19) - } { + (20) + } 'Special district' means any unit
of local government, other than a city, county, metropolitan
service district formed under ORS chapter 268 or an association
of local governments performing land use planning functions under
ORS 195.025, authorized and regulated by statute and includes but
is not limited to water control districts, domestic water
associations and water cooperatives, irrigation districts, port
districts, regional air quality control authorities, fire
districts, school districts, hospital districts, mass transit
districts and sanitary districts.
{ - (20) - } { + (21) + } 'Urban unincorporated community'
means an area designated in a county's acknowledged comprehensive
plan as an urban unincorporated community after December 5, 1994.
{ - (21) - } { + (22) + } 'Voluntary association of local
governments ' means a regional planning agency in this state
officially designated by the Governor pursuant to the federal
Office of Management and Budget Circular A-95 as a regional
clearinghouse.
{ - (22) - } { + (23) + } 'Wetlands' means those areas that
are inundated or saturated by surface or ground water at a
frequency and duration that are sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
SECTION 2. { + Section 3 of this 2009 Act is added to and made
a part of ORS chapter 197. + }
SECTION 3. { + For purposes of the definition of 'high-value
farmland' in ORS 197.015, soil classes, soil ratings or other
soil designations used in or made pursuant to ORS 197.015 are
those of the Natural Resources Conservation Service of the United
States Department of Agriculture in its most recent publication
for that class, rating or designation before December 6,
2007. + }
SECTION 4. ORS 195.300 is amended to read:
195.300. As used in this section and ORS 195.301 and 195.305 to
195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007:
(1) 'Acquisition date' means the date described in ORS 195.328.
(2) 'Claim' means a written demand for compensation filed
under:
(a) ORS 195.305, as in effect immediately before December 6,
2007; or
(b) ORS 195.305 and 195.310 to 195.314, as in effect on and
after December 6, 2007.
(3) 'Enacted' means enacted, adopted or amended.
(4) 'Fair market value' means the value of property as
determined under ORS 195.332.
(5) 'Farming practice' has the meaning given that term in ORS
30.930.
(6) 'Federal law' means:
(a) A statute, regulation, order, decree or policy enacted by a
federal entity or by a state entity acting under authority
delegated by the federal government;
(b) A requirement contained in a plan or rule enacted by a
compact entity; or
(c) A requirement contained in a permit issued by a federal or
state agency pursuant to a federal statute or regulation.
(7) 'File' means to submit a document to a public entity.
(8) 'Forest practice' has the meaning given that term in ORS
527.620.
(9) 'Ground water restricted area' means an area designated as
a critical ground water area or as a ground water limited area by
the Water Resources Department or Water Resources Commission
before December 6, 2007.
{ - (10) 'High-value farmland' means: - }
{ - (a) High-value farmland as described in ORS 215.710 that
is land in an exclusive farm use zone or a mixed farm and forest
zone, except that the dates specified in ORS 215.710 (2), (4) and
(6) are December 6, 2007. - }
{ - (b) Land west of U.S. Highway 101 that is composed
predominantly of the following soils in Class III or IV or
composed predominantly of a combination of the soils described in
ORS 215.710 (1) and the following soils: - }
{ - (A) Subclassification IIIw, specifically Ettersburg Silt
Loam and Croftland Silty Clay Loam; - }
{ - (B) Subclassification IIIe, specifically Klooqueth Silty
Clay Loam and Winchuck Silt Loam; and - }
{ - (C) Subclassification IVw, specifically Huffling Silty
Clay Loam. - }
{ - (c) Land that is in an exclusive farm use zone or a mixed
farm and forest zone and that on June 28, 2007, is: - }
{ - (A) Within the place of use for a permit, certificate or
decree for the use of water for irrigation issued by the Water
Resources Department; - }
{ - (B) Within the boundaries of a district, as defined in
ORS 540.505; or - }
{ - (C) Within the boundaries of a diking district formed
under ORS chapter 551. - }
{ - (d) Land that contains not less than five acres planted
in wine grapes. - }
{ - (e) Land that is in an exclusive farm use zone and that
is at an elevation between 200 and 1,000 feet above mean sea
level, with an aspect between 67.5 and 292.5 degrees and a slope
between zero and 15 percent, and that is located within: - }
{ - (A) The Southern Oregon viticultural area as described in
27 C.F.R. 9.179; - }
{ - (B) The Umpqua Valley viticultural area as described in
27 C.F.R. 9.89; or - }
{ - (C) The Willamette Valley viticultural area as described
in 27 C.F.R. 9.90. - }
{ - (f) Land that is in an exclusive farm use zone and that
is no more than 3,000 feet above mean sea level, with an aspect
between 67.5 and 292.5 degrees and a slope between zero and 15
percent, and that is located within: - }
{ - (A) The portion of the Columbia Gorge viticultural area
as described in 27 C.F.R. 9.178 that is within the State of
Oregon; - }
{ - (B) The Rogue Valley viticultural area as described in 27
C.F.R. 9.132; - }
{ - (C) The portion of the Columbia Valley viticultural area
as described in 27 C.F.R. 9.74 that is within the State of
Oregon; - }
{ - (D) The portion of the Walla Walla Valley viticultural
area as described in 27 C.F.R. 9.91 that is within the State of
Oregon; or - }
{ - (E) The portion of the Snake River Valley viticultural
area as described in 27 C.F.R. 9.208 that is within the State of
Oregon. - }
{ - (11) - } { + (10) + } 'High-value forestland' means
land:
(a) That is in a forest zone or a mixed farm and forest zone,
that is located in western Oregon and composed predominantly of
soils capable of producing more than 120 cubic feet per acre per
year of wood fiber and that is capable of producing more than
5,000 cubic feet per year of commercial tree species; or
(b) That is in a forest zone or a mixed farm and forest zone,
that is located in eastern Oregon and composed predominantly of
soils capable of producing more than 85 cubic feet per acre per
year of wood fiber and that is capable of producing more than
4,000 cubic feet per year of commercial tree species.
{ - (12) - } { + (11) + } 'Home site approval' means
approval of the subdivision or partition of property or approval
of the establishment of a dwelling on property.
{ - (13) - } { + (12) + } 'Just compensation' means:
(a) Relief under sections 5 to 11, chapter 424, Oregon Laws
2007, for land use regulations enacted on or before January 1,
2007; and
(b) Relief under ORS 195.310 to 195.314 for land use
regulations enacted after January 1, 2007.
{ - (14) - } { + (13) + } 'Land use regulation' means:
(a) A statute that establishes a minimum lot or parcel size;
(b) A provision in ORS 227.030 to 227.300, 227.350, 227.400,
227.450 or 227.500 or in ORS chapter 215 that restricts the
residential use of private real property;
(c) A provision of a city comprehensive plan, zoning ordinance
or land division ordinance that restricts the residential use of
private real property zoned for residential use;
(d) A provision of a county comprehensive plan, zoning
ordinance or land division ordinance that restricts the
residential use of private real property;
(e) A provision of the Oregon Forest Practices Act or an
administrative rule of the State Board of Forestry that regulates
a forest practice and that implements the Oregon Forest Practices
Act;
(f) ORS 561.191, a provision of ORS 568.900 to 568.933 or an
administrative rule of the State Department of Agriculture that
implements ORS 561.191 or 568.900 to 568.933;
(g) An administrative rule or goal of the Land Conservation and
Development Commission; or
(h) A provision of a Metro functional plan that restricts the
residential use of private real property.
{ - (15) - } { + (14) + } 'Measure 37 permit' means a final
decision by Metro, a city or a county to authorize the
development, subdivision or partition or other use of property
pursuant to a waiver.
{ - (16) - } { + (15) + } 'Owner' means:
(a) The owner of fee title to the property as shown in the deed
records of the county where the property is located;
(b) The purchaser under a land sale contract, if there is a
recorded land sale contract in force for the property; or
(c) If the property is owned by the trustee of a revocable
trust, the settlor of a revocable trust, except that when the
trust becomes irrevocable only the trustee is the owner.
{ - (17) - } { + (16) + } 'Property' means the private real
property described in a claim and contiguous private real
property that is owned by the same owner, whether or not the
contiguous property is described in another claim, and that is
not property owned by the federal government, an Indian tribe or
a public body, as defined in ORS 192.410.
{ - (18) - } { + (17) + } 'Protection of public health and
safety' means a law, rule, ordinance, order, policy, permit or
other governmental authorization that restricts a use of property
in order to reduce the risk or consequence of fire, earthquake,
landslide, flood, storm, pollution, disease, crime or other
natural or human disaster or threat to persons or property
including, but not limited to, building and fire codes, health
and sanitation regulations, solid or hazardous waste regulations
and pollution control regulations.
{ - (19) - } { + (18) + } 'Public entity' means the state,
Metro, a county or a city.
{ - (20) - } { + (19) + } 'Urban growth boundary' has the
meaning given that term in ORS 195.060.
{ - (21) - } { + (20) + } 'Waive' or 'waiver' means an
action or decision of a public entity to modify, remove or not
apply one or more land use regulations under ORS 195.305 to
195.336 and sections 5 to 11, chapter 424, Oregon Laws 2007, or
ORS 195.305, as in effect immediately before December 6, 2007, to
allow the owner to use property for a use permitted when the
owner acquired the property.
{ - (22) - } { + (21) + } 'Zoned for residential use' means
zoning that has as its primary purpose single-family residential
use.
SECTION 5. ORS 94.508 is amended to read:
94.508. (1) A development agreement shall not be approved by
the governing body of a city or county unless the governing body
finds that the agreement is consistent with local regulations
then in place for the city or county.
(2) The governing body of a city or county shall approve a
development agreement or amend a development agreement by
adoption of an ordinance declaring approval or setting forth the
amendments to the agreement. Notwithstanding ORS 197.015
{ - (10)(b) - } { + (11)(b) + }, the approval or amendment of
a development agreement is a land use decision under ORS chapter
197.
SECTION 6. ORS 197.298 is amended to read:
197.298. (1) In addition to any requirements established by
rule addressing urbanization, land may not be included within an
urban growth boundary except under the following priorities:
(a) First priority is land that is designated urban reserve
land under ORS 195.145, rule or metropolitan service district
action plan.
(b) If land under paragraph (a) of this subsection is
inadequate to accommodate the amount of land needed, second
priority is land adjacent to an urban growth boundary that is
identified in an acknowledged comprehensive plan as an exception
area or nonresource land. Second priority may include resource
land that is completely surrounded by exception areas unless such
resource land is high-value farmland { - as described in ORS
215.710 - } .
(c) If land under paragraphs (a) and (b) of this subsection is
inadequate to accommodate the amount of land needed, third
priority is land designated as marginal land pursuant to ORS
197.247 (1991 Edition).
(d) If land under paragraphs (a) to (c) of this subsection is
inadequate to accommodate the amount of land needed, fourth
priority is land designated in an acknowledged comprehensive plan
for agriculture or forestry, or both.
(2) Higher priority shall be given to land of lower capability
as measured by the capability classification system or by cubic
foot site class, whichever is appropriate for the current use.
(3) Land of lower priority under subsection (1) of this section
may be included in an urban growth boundary if land of higher
priority is found to be inadequate to accommodate the amount of
land estimated in subsection (1) of this section for one or more
of the following reasons:
(a) Specific types of identified land needs cannot be
reasonably accommodated on higher priority lands;
(b) Future urban services could not reasonably be provided to
the higher priority lands due to topographical or other physical
constraints; or
(c) Maximum efficiency of land uses within a proposed urban
growth boundary requires inclusion of lower priority lands in
order to include or to provide services to higher priority lands.
SECTION 7. ORS 197.505 is amended to read:
197.505. As used in ORS 197.505 to 197.540:
(1) 'Public facilities' means those public facilities for which
a public facilities plan is required under ORS 197.712.
(2) 'Special district' refers to only those entities as defined
in ORS 197.015 { - (19) - } { + (20) + } that provide
services for which public facilities plans are required.
SECTION 8. ORS 197.825 is amended to read:
197.825. (1) Except as provided in ORS 197.320 and subsections
(2) and (3) of this section, the Land Use Board of Appeals shall
have exclusive jurisdiction to review any land use decision or
limited land use decision of a local government, special district
or a state agency in the manner provided in ORS 197.830 to
197.845.
(2) The jurisdiction of the board:
(a) Is limited to those cases in which the petitioner has
exhausted all remedies available by right before petitioning the
board for review;
(b) Is subject to the provisions of ORS 197.850 relating to
judicial review by the Court of Appeals;
(c) Does not include a local government decision that is:
(A) Submitted to the Department of Land Conservation and
Development for acknowledgment under ORS 197.251, 197.626 or
197.628 to 197.650 or a matter arising out of a local government
decision submitted to the department for acknowledgment, unless
the Director of the Department of Land Conservation and
Development, in the director's sole discretion, transfers the
matter to the board; or
(B) Subject to the review authority of the department under ORS
197.430, 197.445, 197.450 or 197.455 or a matter related to a
local government decision subject to the review authority of the
department under ORS 197.430, 197.445, 197.450 or 197.455;
(d) Does not include those land use decisions of a state agency
over which the Court of Appeals has jurisdiction for initial
judicial review under ORS 183.400, 183.482 or other statutory
provisions;
(e) Does not include any rules, programs, decisions,
determinations or activities carried out under ORS 527.610 to
527.770, 527.990 (1) and 527.992;
(f) Is subject to ORS 196.115 for any county land use decision
that may be reviewed by the Columbia River Gorge Commission
pursuant to sections 10(c) or 15(a)(2) of the Columbia River
Gorge National Scenic Area Act, P.L. 99-663; and
(g) Does not include review of expedited land divisions under
ORS 197.360.
(3) Notwithstanding subsection (1) of this section, the circuit
courts of this state retain jurisdiction:
(a) To grant declaratory, injunctive or mandatory relief in
proceedings arising from decisions described in ORS 197.015
{ - (10)(b) - } { + (11)(b) + } or proceedings brought to
enforce the provisions of an adopted comprehensive plan or land
use regulations; and
(b) To enforce orders of the board in appropriate proceedings
brought by the board or a party to the board proceeding resulting
in the order.
SECTION 9. ORS 215.705 is amended to read:
215.705. (1) A governing body of a county or its designate may
allow the establishment of a single-family dwelling on a lot or
parcel located within a farm or forest zone as set forth in this
section and ORS { - 215.710, - } 215.720, 215.740 and 215.750
after notifying the county assessor that the governing body
intends to allow the dwelling. A dwelling under this section may
be allowed if:
(a) The lot or parcel on which the dwelling will be sited was
lawfully created and was acquired by the present owner:
(A) Prior to January 1, 1985; or
(B) By devise or by intestate succession from a person who
acquired the lot or parcel prior to January 1, 1985.
(b) The tract on which the dwelling will be sited does not
include a dwelling.
(c) The proposed dwelling is not prohibited by, and will comply
with, the requirements of the acknowledged comprehensive plan and
land use regulations and other provisions of law.
(d) The lot or parcel on which the dwelling will be sited, if
zoned for farm use, is not on { - that - } high-value farmland
{ - described in ORS 215.710 - } { + , as defined in ORS
197.015, + } except as provided in subsections (2) and (3) of
this section.
(e) The lot or parcel on which the dwelling will be sited, if
zoned for forest use, is described in ORS 215.720, 215.740 or
215.750.
(f) When the lot or parcel on which the dwelling will be sited
lies within an area designated in an acknowledged comprehensive
plan as habitat of big game, the siting of the dwelling is
consistent with the limitations on density upon which the
acknowledged comprehensive plan and land use regulations intended
to protect the habitat are based.
(g) When the lot or parcel on which the dwelling will be sited
is part of a tract, the remaining portions of the tract are
consolidated into a single lot or parcel when the dwelling is
allowed.
(2)(a) Notwithstanding the requirements of subsection (1)(d) of
this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland { + , as defined in
ORS 197.015, + }if:
(A) It meets the other requirements of ORS 215.705 to 215.750;
(B) The lot or parcel is protected as high-value farmland as
described under ORS { - 215.710 (1) - } { + 197.015
(10)(a)(A) + }; and
(C) A hearings officer of a county determines that:
(i) The lot or parcel cannot practicably be managed for farm
use, by itself or in conjunction with other land, due to
extraordinary circumstances inherent in the land or its physical
setting that do not apply generally to other land in the
vicinity.
(ii) The dwelling will comply with the provisions of ORS
215.296 (1).
(iii) The dwelling will not materially alter the stability of
the overall land use pattern in the area.
(b) A local government shall provide notice of all applications
for dwellings allowed under this subsection to the State
Department of Agriculture. Notice shall be provided in accordance
with the governing body's land use regulations but shall be
mailed at least 20 calendar days prior to the public hearing
before the hearings officer under paragraph (a) of this
subsection.
(3) Notwithstanding the requirements of subsection (1)(d) of
this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland { + , as defined in
ORS 197.015, + } if:
(a) It meets the other requirements of ORS 215.705 to 215.750.
(b) The tract on which the dwelling will be sited is:
(A) Identified in ORS { - 215.710 (3) or (4) - } { +
197.015 (10)(a)(C) or (D) + };
(B) Not { - protected under ORS 215.710 (1) - } { +
described under ORS 197.015 (10)(a)(A) + }; and
(C) Twenty-one acres or less in size.
(c)(A) The tract is bordered on at least 67 percent of its
perimeter by tracts that are smaller than 21 acres, and at least
two such tracts had dwellings on them on January 1, 1993;
(B) The tract is not a flaglot and is bordered on at least 25
percent of its perimeter by tracts that are smaller than 21
acres, and at least four dwellings existed on January 1, 1993,
within one-quarter mile of the center of the subject tract. Up to
two of the four dwellings may lie within the urban growth
boundary, but only if the subject tract abuts an urban growth
boundary; or
(C) The tract is a flaglot and is bordered on at least 25
percent of its perimeter by tracts that are smaller than 21
acres, and at least four dwellings existed on January 1, 1993,
within one-quarter mile of the center of the subject tract and on
the same side of the public road that provides access to the
subject tract. The governing body of a county must interpret the
center of the subject tract as the geographic center of the
flaglot if the applicant makes a written request for that
interpretation and that interpretation does not cause the center
to be located outside the flaglot. Up to two of the four
dwellings may lie within the urban growth boundary, but only if
the subject tract abuts an urban growth boundary. As used in this
subparagraph:
(i) 'Flaglot' means a tract containing a narrow strip or
panhandle of land providing access from the public road to the
rest of the tract.
(ii) 'Geographic center of the flaglot' means the point of
intersection of two perpendicular lines of which the first line
crosses the midpoint of the longest side of a flaglot, at a
90-degree angle to that side, and the second line crosses the
midpoint of the longest adjacent side of the flaglot.
(4) If land is in a zone that allows both farm and forest uses,
is acknowledged to be in compliance with goals relating to both
agriculture and forestry and may qualify as an exclusive farm use
zone under this chapter, the county may apply the standards for
siting a dwelling under either subsection (1)(d) of this section
or ORS 215.720, 215.740 and 215.750 as appropriate for the
predominant use of the tract on January 1, 1993.
(5) A county may, by application of criteria adopted by
ordinance, deny approval of a dwelling allowed under this section
in any area where the county determines that approval of the
dwelling would:
(a) Exceed the facilities and service capabilities of the area;
(b) Materially alter the stability of the overall land use
pattern in the area; or
(c) Create conditions or circumstances that the county
determines would be contrary to the purposes or intent of its
acknowledged comprehensive plan or land use regulations.
(6) For purposes of subsection (1)(a) of this section, ' owner'
includes the wife, husband, son, daughter, mother, father,
brother, brother-in-law, sister, sister-in-law, son-in-law,
daughter-in-law, mother-in-law, father-in-law, aunt, uncle,
niece, nephew, stepparent, stepchild, grandparent or grandchild
of the owner or a business entity owned by any one or combination
of these family members.
(7) When a local government approves an application for a
single-family dwelling under the provisions of this section, the
application may be transferred by a person who has qualified
under this section to any other person after the effective date
of the land use decision.
SECTION 10. ORS 455.446 is amended to read:
455.446. (1)(a) New essential facilities described in ORS
455.447 (1)(a)(A), (B) and (G) and new special occupancy
structures described in ORS 455.447 (1)(e)(B), (C) and (E) may
not be constructed in the tsunami inundation zone established
under paragraph (c) of this subsection. The provisions of this
paragraph apply to buildings with a capacity greater than 50
individuals for every public, private or parochial school through
secondary level and child care centers.
(b) The State Department of Geology and Mineral Industries
shall establish the parameters of the area of expected tsunami
inundation based on scientific evidence that may include geologic
field data and tsunami modeling.
(c) The governing board of the State Department of Geology and
Mineral Industries, by rule, shall determine the tsunami
inundation zone based on the parameters established by the
department. The board shall adopt the zone as determined by the
department under paragraph (b) of this subsection except as
modified by the board under paragraph (d) of this subsection.
(d) The board may grant exceptions to restrictions in the
tsunami inundation zone established under paragraph (c) of this
subsection after public hearing and a determination by the board
that the applicant has demonstrated that the safety of building
occupants will be ensured to the maximum reasonable extent:
(A) By addressing the relative risks within the zone.
(B) By balancing competing interests and other considerations.
(C) By considering mitigative construction strategies.
(D) By considering mitigative terrain modification.
(e) The provisions of paragraph (a) of this subsection do not
apply:
(A) To fire or police stations where there is a need for
strategic location; and
(B) To public schools if there is a need for the school to be
within the boundaries of a school district and fulfilling that
need cannot otherwise be accomplished.
(f) All materials supporting an application for an exception to
the tsunami inundation zone are public records under ORS 192.005
to 192.170 and must be retained in the library of the department
for periods of time determined by its governing board.
(g) The applicant for an exception to the tsunami inundation
zone established under paragraph (c) of this subsection shall pay
any costs for department review of the application and the costs,
if any, of the approval process.
(2) The definitions in ORS 455.447 apply to this section.
(3) The provisions of this section do not apply to
water-dependent and water-related facilities, including but not
limited to docks, wharves, piers and marinas.
(4) Decisions made under this section are not land use
decisions under ORS 197.015 { - (10) - } { + (11) + }.
SECTION 11. Section 7, chapter 424, Oregon Laws 2007, is
amended to read:
{ + Sec. 7. + } (1) A claimant that filed a claim under ORS
{ - 197.352 - } { + 195.305 + } on or before { - the date of
adjournment sine die of the 2007 regular session of the
Seventy-fourth Legislative Assembly - } { + June 28, 2007, + }
for property that is not high-value farmland { + , as defined in
ORS 197.015, + } or high-value forestland and that is not in a
ground water restricted area is eligible for four to 10 home site
approvals for the property if the requirements of this section
and sections 8 and 11 { + , chapter 424, Oregon Laws 2007, + }
{ - of this 2007 Act - } are met. The procedure for obtaining
home site approvals under this section is set forth in section
8 { + , chapter 424, Oregon Laws 2007 + } { - of this 2007
Act - } .
(2) The number of lots, parcels or dwellings that may be
established on the property under this section may not exceed the
lesser of:
(a) The number of lots, parcels or dwellings described in a
waiver issued by the state before { - the effective date of
this 2007 Act - } { + December 6, 2007, + } or, if a waiver was
not issued, the number of lots, parcels or dwellings described in
the claim filed with the state;
(b) Ten, except that if there are existing dwellings on the
property or the property contains more than one lot or parcel,
the number of lots, parcels or dwellings that may be established
is reduced, so that the combined number of lots, parcels or
dwellings, including existing lots, parcels or dwellings located
on or contained within the property, does not exceed 10; or
(c) The number of home site approvals with a total value that
represents just compensation for the reduction in fair market
value caused by the enactment of one or more land use regulations
that were the basis for the claim, as set forth in subsection (6)
of this section.
(3) If the number of lots, parcels or dwellings described in a
waiver issued by the state before { - the effective date of
this 2007 Act - } { + December 6, 2007, + } or, if a waiver was
not issued, the number of lots, parcels or dwellings described in
the claim filed with the state is more than 10, the claimant may
amend the claim to reduce the number to no more than 10 by filing
notice of the amendment with the form required by section 8 { + ,
chapter 424, Oregon Laws 2007 + } { - of this 2007 Act - } .
(4) If multiple claims were filed for the same property, the
number of lots, parcels or dwellings that may be established for
purposes of subsection (2)(a) of this section is the number of
lots, parcels or dwellings in the most recent waiver issued by
the state before { - the effective date of this 2007 Act - }
{ + December 6, 2007, + } or, if a waiver was not issued, the
most recent claim filed with the state, but not more than 10 in
any case.
(5) To qualify for a home site approval under this section, the
claimant must have filed a claim for the property with both the
state and the county in which the property is located. In
addition, regardless of whether a waiver was issued by the state
or the county before { - the effective date of this 2007
Act - } { + December 6, 2007, + } to qualify for a home site
approval under this section, the claimant must establish that:
(a) The claimant is an owner of the property;
(b) All owners of the property have consented in writing to the
claim;
(c) The property is located entirely outside any urban growth
boundary and entirely outside the boundaries of any city;
(d) One or more land use regulations prohibit establishing the
lot, parcel or dwelling;
(e) The establishment of the lot, parcel or dwelling is not
prohibited by a land use regulation described in ORS
{ - 197.352 (3) - } { + 195.305 (3) + };
(f) On the claimant's acquisition date, the claimant lawfully
was permitted to establish at least the number of lots, parcels
and dwellings on the property that are authorized under this
section; and
(g) The enactment of one or more land use regulations, other
than land use regulations described in ORS { - 197.352 (3) - }
{ + 195.305 (3) + }, that are the basis for the claim caused a
reduction in the fair market value of the property that is equal
to or greater than the fair market value of the home site
approvals that may be established on the property under
subsection (2) of this section, with the reduction in fair market
value measured as set forth in subsection (6) of this section.
(6) The reduction in the fair market value of the property
caused by the enactment of one or more land use regulations that
were the basis for the claim is equal to the decrease, if any, in
the fair market value of the property from the date that is one
year before the enactment of the land use regulation to the date
that is one year after the enactment, plus interest. If the claim
is based on the enactment of more than one land use regulation
enacted on different dates, the reduction in the fair market
value of the property caused by each regulation shall be
determined separately and the values added together to calculate
the total reduction in fair market value. The reduction in fair
market value shall be adjusted by any ad valorem property taxes
not paid as a result of any special assessment of the property
under ORS 308A.050 to 308A.128, 321.257 to 321.390, 321.700 to
321.754 or 321.805 to 321.855, plus interest, offset by any
severance taxes paid by the claimant and by any recapture of
potential additional tax liability that the claimant has paid or
will pay for the property if the property is disqualified from
special assessment under ORS 308A.703. Interest shall be computed
under this subsection using the average interest rate for a
one-year United States Government Treasury Bill on December 31 of
each year of the period between the date the land use regulation
was enacted and the date the claim was filed, compounded annually
on January 1 of each year of the period.
(7) For the purposes of subsection (6) of this section, a
claimant must provide an appraisal showing the fair market value
of the property one year before the enactment of the land use
regulation that was the basis for the claim and the fair market
value of the property one year after the enactment. The appraisal
also must show the fair market value of each home site approval
to which the claimant is entitled under { - section 6 (2) of
this 2007 Act - } { + subsection (2) of this section + }, along
with evidence of any ad valorem property taxes not paid, any
severance taxes paid and any recapture of additional tax
liability that the claimant has paid or will pay for the property
if the property is disqualified from special assessment under ORS
308A.703. The actual and reasonable cost of preparing the claim,
including the cost of the appraisal, not to exceed $5,000, may be
added to the calculation of the reduction in fair market value
under subsection (6) of this section. The appraisal must:
(a) Be prepared by a person certified under ORS chapter 674 or
a person registered under ORS chapter 308;
(b) Comply with the Uniform Standards of Professional Appraisal
Practice, as authorized by the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989; and
(c) Expressly determine the highest and best use of the
property at the time the land use regulation was enacted.
(8) Relief may not be granted under this section if the highest
and best use of the property was not residential use at the time
the land use regulation was enacted.
(9) If the claim was filed after December 4, 2006, to issue a
home site approval under this section, the Department of Land
Conservation and Development must verify that the claim was filed
in compliance with the applicable rules of the Land Conservation
and Development Commission and the Oregon Department of
Administrative Services.
(10) Except as provided in section 11 { + , chapter 424, Oregon
Laws 2007 + } { - of this 2007 Act - } , if the Department of
Land Conservation and Development has issued a final order with a
specific number of home site approvals for the property under
this section, the claimant may seek other governmental
authorizations required by law for the subdivision or partition
of the property or for the development of any dwelling
authorized, and a land use regulation enacted by the state or
county that has the effect of prohibiting the subdivision or
partition, or the dwelling, does not apply to the review of those
authorizations.
SECTION 12. Section 11, chapter 424, Oregon Laws 2007, is
amended to read:
{ + Sec. 11. + } (1) A subdivision or partition of property,
or the establishment of a dwelling on property, authorized under
sections 5 to 11 { + , chapter 424, Oregon Laws 2007, + }
{ - of this 2007 Act - } must comply with all applicable
standards governing the siting or development of the dwelling,
lot or parcel including, but not limited to, the location,
design, construction or size of the dwelling, lot or parcel.
However, the standards must not be applied in a manner that has
the effect of prohibiting the establishment of the dwelling, lot
or parcel authorized under sections 5 to 11 { + , chapter 424,
Oregon Laws 2007, + } { - of this 2007 Act - } unless the
standards are reasonably necessary to avoid or abate a nuisance,
to protect public health or safety or to carry out federal law.
(2) Before beginning construction of any dwelling authorized
under section 6 or 7 { + , chapter 424, Oregon Laws 2007 + }
{ - of this 2007 Act - } , the owner must comply with the
requirements of ORS 215.293 if the property is in an exclusive
farm use zone, a forest zone or a mixed farm and forest zone.
(3)(a) A city or county may approve the creation of a lot or
parcel to contain a dwelling authorized under sections 5 to
11 { + , chapter 424, Oregon Laws 2007 + } { - of this 2007
Act - } . However, a new lot or parcel located in an exclusive
farm use zone, a forest zone or a mixed farm and forest zone may
not exceed:
(A) Two acres if the lot or parcel is located on high-value
farmland { + , as defined in ORS 197.015 + }, on high-value
forestland or on land within a ground water restricted area; or
(B) Five acres if the lot or parcel is not located on
high-value farmland { + , as defined in ORS 197.015 + }, on
high-value forestland or on land within a ground water restricted
area.
(b) If the property is in an exclusive farm use zone, a forest
zone or a mixed farm and forest zone, the new lots or parcels
created must be clustered so as to maximize suitability of the
remnant lot or parcel for farm or forest use.
(4) If an owner is authorized to subdivide or partition more
than one property, or to establish dwellings on more than one
property, under sections 5 to 11 { + , chapter 424, Oregon Laws
2007, + }
{ - of this 2007 Act - } and the properties are in an
exclusive farm use zone, a forest zone or a mixed farm and forest
zone, the owner may cluster some or all of the dwellings, lots or
parcels on one of the properties if that property is less
suitable than the other properties for farm or forest use. If one
of the properties is zoned for residential use, the owner may
cluster some or all of the dwellings, lots or parcels that would
have been located in an exclusive farm use zone, a forest zone or
a mixed farm and forest zone on the property zoned for
residential use.
(5) An owner is not eligible for more than 20 home site
approvals under sections 5 to 11 { + , chapter 424, Oregon Laws
2007 + }
{ - of this 2007 Act - } , regardless of how many properties
that person owns or how many claims that person has filed.
(6) An authorization to partition or subdivide the property, or
to establish dwellings on the property, granted under section 6,
7 or 9 { + , chapter 424, Oregon Laws 2007, + } { - of this
2007 Act - } runs with the property and may be either
transferred with the property or encumbered by another person
without affecting the authorization. There is no time limit on
when an authorization granted under section 6, 7 or 9 { + ,
chapter 424, Oregon Laws 2007, + }
{ - of this 2007 Act - } must be carried out, except that once
the owner who obtained the authorization conveys the property to
a person other than the owner's spouse or the trustee of a
revocable trust in which the owner is the settlor, the subsequent
owner of the property must create the lots or parcels and
establish the dwellings authorized by a waiver under section 6, 7
or 9 { + , chapter 424, Oregon Laws 2007, + } { - of this 2007
Act - } within 10 years of the conveyance. In addition:
(a) A lot or parcel lawfully created based on an authorization
under section 6, 7 or 9 { + , chapter 424, Oregon Laws 2007, + }
{ - of this 2007 Act - } remains a discrete lot or parcel,
unless the lot or parcel lines are vacated or the lot or parcel
is further divided, as provided by law; and
(b) A dwelling or other residential use of the property based
on an authorization under section 6, 7 or 9 { + , chapter 424,
Oregon Laws 2007, + } { - of this 2007 Act - } is a permitted
use and may be established or continued by the claimant or a
subsequent owner, except that once the claimant conveys the
property to a person other than the claimant's spouse or the
trustee of a revocable trust in which the claimant is the
settlor, the subsequent owner must establish the dwellings or
other residential use authorized under section 6, 7 or 9 { + ,
chapter 424, Oregon Laws 2007, + } { - of this 2007 Act - }
within 10 years of the conveyance.
(7) When relief has been claimed under sections 5 to 11 { + ,
chapter 424, Oregon Laws 2007 + } { - of this 2007 Act - } :
(a) Additional relief is not due; and
(b) An additional claim may not be filed, compensation is not
due and a waiver may not be issued with regard to the property
under { - sections 5 to 22 of this 2007 Act - } { + ORS
195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon Laws
2007, + } or ORS
{ - 197.352 - } { + 195.305 + } as in effect immediately
before { - the effective date of this 2007 Act - }
{ + December 6, 2007 + }, except with respect to a land use
regulation enacted after January 1, 2007.
(8) A person that is eligible to be a holder as defined in ORS
271.715 may acquire the rights to carry out a use of land
authorized under sections 5 to 11 { + , chapter 424, Oregon Laws
2007, + }
{ - of this 2007 Act - } from a willing seller in the manner
provided by ORS 271.715 to 271.795. Metro, cities and counties
may enter into cooperative agreements under ORS chapter 195 to
establish a system for the purchase and sale of severable
development interests as described in ORS 94.531. A system
established under this subsection may provide for the transfer of
severable development interests between the jurisdictions of the
public entities that are parties to the agreement for the purpose
of allowing development to occur in a location that is different
from the location in which the development interest arises.
(9) If a claimant is an individual, the entitlement to
prosecute the claim under section 6, 7 or 9 { + , chapter 424,
Oregon Laws 2007, + } { - of this 2007 Act - } and an
authorization to use the property provided by a waiver under
section 6, 7 or 9 { + , chapter 424, Oregon Laws 2007 + }
{ - of this 2007 Act - } :
(a) Is not affected by the death of the claimant if the death
occurs on or after { + December 6, 2007 + } { - the effective
date of this 2007 Act - } ; and
(b) Passes to the person that acquires the property by devise
or by operation of law.
SECTION 13. Section 1, chapter 728, Oregon Laws 1997, as
amended by section 1, chapter 216, Oregon Laws 1999, section 2,
chapter 467, Oregon Laws 2001, section 5, chapter 544, Oregon
Laws 2001, section 1, chapter 147, Oregon Laws 2003, section 107,
chapter 621, Oregon Laws 2003, and section 1, chapter 258, Oregon
Laws 2005, is amended to read:
{ + Sec. 1. + } (1) Notwithstanding ORS 215.283, a guest
ranch may be established in conjunction with an existing and
continuing livestock operation, using accepted livestock
practices, that qualifies as a farm use under ORS 215.203 in any
area zoned for exclusive farm use in eastern Oregon.
(2) A guest ranch established under this section shall meet the
following conditions:
(a) Except as provided in paragraph (c) of this subsection, the
guest lodging units cumulatively shall:
(A) Include not less than four nor more than 10 overnight guest
lodging units; and
(B) Not exceed a total of 12,000 square feet in floor area, not
counting against the limit of 12,000 square feet of floor area of
a guest lodging unit in a lodge that is dedicated to kitchen
area, rest rooms, storage or other shared indoor space.
(b) The guest ranch shall be located on a lawfully created
parcel:
(A) That is at least 160 acres;
(B) That is the parcel containing the dwelling of the person
conducting the livestock operation; and
(C) That is not classified as high-value farmland as defined in
ORS { - 215.710 - } { + 197.015 + }.
(c) For each doubling of the initial 160 acres required under
paragraph (b) of this subsection, up to five additional overnight
guest lodging units not exceeding a total of 6,000 square feet of
floor area may be added to the guest ranch for a total of not
more than 25 guest lodging units and 30,000 square feet of floor
area.
(3) A guest ranch may provide recreational activities that can
be provided in conjunction with the livestock operation's natural
setting, including but not limited to hunting, fishing, hiking,
biking, horseback riding, camping or swimming. Intensively
developed recreational facilities, such as golf courses as
identified in ORS 215.283, shall not be allowed. A campground as
described in ORS 215.283 (2)(c) shall not be allowed in
conjunction with a guest ranch, and a guest ranch shall not be
allowed in conjunction with an existing golf course under ORS
215.283 (2)(f) or with an existing campground under ORS 215.283
(2)(c).
(4) Food services shall be incidental to the operation of the
guest ranch and shall be provided only for the guests of the
guest ranch, individuals accompanying the guests and individuals
attending a special event at the guest ranch. The cost of meals,
if any, provided to guests of the guest ranch, individuals
accompanying the guests and individuals attending a special event
at the guest ranch may be included in the fee to visit or stay at
the guest ranch. A guest ranch may not sell individual meals to
an individual who is not a guest of the guest ranch, an
individual accompanying a guest or an individual attending a
special event at the guest ranch.
(5) Approval of a guest ranch shall be subject to the
provisions of ORS 215.296 (1) and (2) and other approval or
siting standards of the county.
(6) As used in this section:
(a) 'Eastern Oregon' has the meaning given that term in ORS
321.805.
(b) 'Guest lodging unit' means guest rooms in a lodge,
bunkhouse, cottage or cabin used only for transient overnight
lodging and not for a permanent residence.
(c) 'Guest ranch' means a facility for overnight guest lodging
units, including passive recreational activities and food
services, as set forth in subsections (2) to (4) of this section,
that are incidental and accessory to an existing livestock
operation that qualifies as a farm use under ORS 215.203.
(d) 'Livestock' means cattle, sheep, horses and bison.
SECTION 14. ORS 197.045 is amended to read:
197.045. The Land Conservation and Development Commission may:
(1) Apply for and receive moneys from the federal government
and from this state or any of its agencies or departments.
(2) Contract with any public agency for the performance of
services or the exchange of employees or services by one to the
other necessary in carrying out ORS chapters 195, 196 and 197.
(3) Contract for the services of and consultation with
professional persons or organizations, not otherwise available
through federal, state and local governmental agencies, in
carrying out its duties under ORS chapters 195, 196 and 197.
(4) Perform other functions required to carry out ORS chapters
195, 196 and 197.
(5) Assist in development and preparation of model land use
regulations to guide state agencies, cities, counties and special
districts in implementing goals.
(6) Notwithstanding any other provision of law, review
comprehensive plan and land use regulations related to the
identification and designation of high-value farmland
{ - pursuant to chapter 792, Oregon Laws 1993, under procedures
set forth in ORS 197.251 - } .
SECTION 15. ORS 215.710 is amended to read:
215.710. { - (1) For purposes of ORS 215.705, high-value
farmland is land in a tract composed predominantly of soils that,
at the time the siting of a dwelling is approved for the tract,
are: - }
{ - (a) Irrigated and classified prime, unique, Class I or
Class II; or - }
{ - (b) Not irrigated and classified prime, unique, Class I
or Class II. - }
{ - (2) In addition to that land described in subsection (1)
of this section, for purposes of ORS 215.705, high-value
farmland, if outside the Willamette Valley, includes tracts
growing specified perennials as demonstrated by the most recent
aerial photography of the Agricultural Stabilization and
Conservation Service of the United States Department of
Agriculture taken prior to November 4, 1993. For purposes of this
subsection, 'specified perennials ' means perennials grown for
market or research purposes including, but not limited to,
nursery stock, berries, fruits, nuts, Christmas trees or
vineyards but not including seed crops, hay, pasture or
alfalfa. - }
{ - (3) In addition to that land described in subsection (1)
of this section, for purposes of ORS 215.705, high-value
farmland, if in the Willamette Valley, includes tracts composed
predominantly of the following soils in Class III or IV or
composed predominantly of a combination of soils described in
subsection (1) of this section and the following soils: - }
{ - (a) Subclassification IIIe, specifically, Bellpine,
Bornstedt, Burlington, Briedwell, Carlton, Cascade, Chehalem,
Cornelius, Cornelius Variant, Cornelius and Kinton, Helvetia,
Hillsboro, Hullt, Jory, Kinton, Latourell, Laurelwood, Melbourne,
Multnomah, Nekia, Powell, Price, Quatama, Salkum, Santiam, Saum,
Sawtell, Silverton, Veneta, Willakenzie, Woodburn and
Yamhill; - }
{ - (b) Subclassification IIIw, specifically, Concord,
Conser, Cornelius Variant, Dayton (thick surface) and Sifton
(occasionally flooded); - }
{ - (c) Subclassification IVe, specifically, Bellpine Silty
Clay Loam, Carlton, Cornelius, Jory, Kinton, Latourell,
Laurelwood, Powell, Quatama, Springwater, Willakenzie and
Yamhill; and - }
{ - (d) Subclassification IVw, specifically, Awbrig, Bashaw,
Courtney, Dayton, Natroy, Noti and Whiteson. - }
{ - (4) In addition to that land described in subsection (1)
of this section, for purposes of ORS 215.705, high-value
farmland, if west of the summit of the Coast Range and used in
conjunction with a dairy operation on January 1, 1993, includes
tracts composed predominantly of the following soils in Class III
or IV or composed predominantly of a combination of soils
described in subsection (1) of this section and the following
soils: - }
{ - (a) Subclassification IIIe, specifically, Astoria,
Hembre, Knappa, Meda, Quillayutte and Winema; - }
{ - (b) Subclassification IIIw, specifically, Brenner and
Chitwood; - }
{ - (c) Subclassification IVe, specifically, Astoria, Hembre,
Meda, Nehalan, Neskowin and Winema; and - }
{ - (d) Subclassification IVw, specifically, Coquille. - }
{ - (5) - } For purposes of approving a land use application
under ORS 215.705, the soil class, soil rating or other soil
designation of a specific lot or parcel may be changed if the
property owner:
{ - (a) - } { + (1) + } Submits a statement of agreement
from the Natural Resources Conservation Service of the United
States Department of Agriculture that the soil class, soil rating
or other soil designation should be adjusted based on new
information; or
{ - (b)(A) - } { + (2)(a) + } Submits a report from a soils
scientist whose credentials are acceptable to the State
Department of Agriculture that the soil class, soil rating or
other soil designation should be changed; and
{ - (B) - } { + (b) + } Submits a statement from the State
Department of Agriculture that the Director of Agriculture or the
director's designee has reviewed the report described in
{ - subparagraph (A) of this - } paragraph { + (a) of this
subsection + } and finds the analysis in the report to be soundly
and scientifically based.
{ - (6) Soil classes, soil ratings or other soil designations
used in or made pursuant to this section are those of the Soil
Conservation Service in its most recent publication for that
class, rating or designation before November 4, 1993. - }
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