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 1502
 
                         House Bill 3416
 
Sponsored by Representative HUFFMAN (at the request of Steve
  Rask)
 
 
                             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.
 
  Allows owner of lot, parcel or tract of land zoned for farm
use, forest use or mixed farm and forest use to divide lot,
parcel or tract, severing a specified percentage of land to
create one additional parcel for dwelling.
 
                        A BILL FOR AN ACT
Relating to dwellings on resource lands.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 215. + }
  SECTION 2.  { + (1) Notwithstanding the minimum lot or parcel
size described in ORS 215.780 (1) and (2), an owner of a lot,
parcel or tract of land zoned for farm use, forest use or mixed
farm and forest use may divide the lot, parcel or tract to create
one additional parcel for a dwelling by severing ___ percent of
the lot, parcel or tract.
  (2) Parcels created pursuant to this section may not:
  (a) Serve as the justification for the siting of a future
dwelling on other lots or parcels; and
  (b) Be used, as a result of the land division, to justify
redesignation or rezoning of resource lands.
  (3) An owner allowed a land division under this section shall
sign a statement that must be presented to and recorded by the
county clerk of the county in which the land is located,
declaring that the owner and the owner's successors in interest
will not:
  (a) Further divide the parcel created under this section.
  (b) Complain in the future about accepted farming or forest
practices on nearby lands devoted to farm or forest use.
  (4) The restriction described in subsection (3)(a) of this
section is irrevocable unless a statement of release is signed by
the county planning director of the county in which the parcel is
located indicating that:
  (a) The comprehensive plan and land use regulations
implementing the plan have been changed so that the parcel is no
longer subject to statewide land use planning goals relating to
agricultural land or forestland; or
  (b) The land division is subsequently authorized by law or by a
change in a statewide land use planning goal for land zoned for
farm use, forest use or mixed farm and forest use.
  (5) The method for siting a nonfarm dwelling described in this
section is in addition to and not in lieu of any other method of
obtaining a nonfarm dwelling on the lands. + }
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