76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
 
SA to A-Eng. HB 3280
 
LC 2062/HB 3280-A14
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3280
 
        By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
 
                             June 6
 
  On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
insert '215.203,'.
  In line 3, delete 'and 308A.053' and insert ', 308A.053 and
308A.056'.
  Delete lines 6 through 28 and delete page 2.
  On page 3, delete lines 1 through 22 and insert:
  '  { +  SECTION 1. + }  { + Section 3, chapter 97, Oregon Laws
2010, is repealed. + }
  '  { +  SECTION 2. + } ORS 215.452, as amended by sections 1
and 2, chapter 97, Oregon Laws 2010, is amended to read:
  ' 215.452.   { - (1) A winery may be established as an outright
permitted use in an area zoned for exclusive farm use under ORS
215.213 (1)(p) and 215.283 (1)(n) if the winery produces wine
with a maximum annual production of: - }
  '  { - (a) Less than 50,000 gallons and that: - }
  '  { - (A) Owns an on-site vineyard of at least 15 acres; - }
  '  { - (B) Owns a contiguous vineyard of at least 15 acres; - }
 
  '  { - (C) Has a long-term contract for the purchase of all of
the grapes from at least 15 acres of a vineyard contiguous to the
winery; or - }
  '  { - (D) Obtains grapes from any combination of subparagraph
(A), (B) or (C) of this paragraph; or - }
  '  { - (b) At least 50,000 gallons and no more than 100,000
gallons and that: - }
  '  { - (A) Owns an on-site vineyard of at least 40 acres; - }
  '  { - (B) Owns a contiguous vineyard of at least 40 acres; - }
 
  '  { - (C) Has a long-term contract for the purchase of all of
the grapes from at least 40 acres of a vineyard contiguous to the
winery; or - }
  '  { - (D) Obtains grapes from any combination of subparagraph
(A), (B) or (C) of this paragraph. - }
  '  { - (2) A winery described in subsection (1) of this section
may sell only: - }
  '  { - (a) Wines produced in conjunction with the winery;
and - }
  '  { - (b) Items directly related to the sale and promotion of
wine produced in conjunction with the winery, the sale of which
is incidental to retail sale of wine on-site, including food and
beverages served by a limited service restaurant, as defined in
ORS 624.010. - }
  '  { - (3) Prior to the issuance of a permit to establish a
winery under this section, the applicant shall show that
vineyards described in subsection (1) of this section have been
planted or that the contract has been executed, as
applicable. - }
  '  { - (4) A local government shall adopt findings for each of
the standards described in paragraphs (a) and (b) of this
subsection. Standards imposed on the siting of a winery shall be
limited solely to each of the following for the sole purpose of
limiting demonstrated conflicts with accepted farming or forest
practices on adjacent lands: - }
  '  { - (a) Establishment of a setback, not to exceed 100 feet,
from all property lines for the winery and all public gathering
places; and - }
  '  { - (b) Provision of direct road access, internal
circulation and parking. - }
  '  { - (5) A local government shall also apply local criteria
regarding floodplains, geologic hazards, the Willamette River
Greenway, solar access, airport safety or other regulations for
resource protection acknowledged to comply with any statewide
goal respecting open spaces, scenic and historic areas and
natural resources. - }
  '  { +  (1) As used in this section:
  ' (a) 'Contiguous vineyards' means vineyards located:
  ' (A) On the same tract as a winery; or
  ' (B) On a different tract that is contiguous to the tract on
which a winery is sited.
  ' (b) 'Production' means the process of:
  ' (A) On-site fermenting of grapes into wine;
  ' (B) Changing the class or type of wine by blending wine with
distilled liquor, flavors, colors or artificial carbonation; or
  ' (C) Making sparkling wine by secondary fermentation.
  ' (c) 'Winery' means one or more structures used for the
production of wine.
  ' (2) A winery may be operated as a permitted use in an area
zoned for exclusive farm use pursuant to ORS 215.213 (1)(p) or
215.283 (1)(n) if the winery is located on a tract of at least 20
acres of land, at least 10 acres of which are planted in
vineyards, and the winery produces at least 1,000 gallons of wine
in a calendar year from the vineyards.
  ' (3) A winery allowed under subsection (2) of this section may
include the following uses:
  ' (a) The production of wine;
  ' (b) The wholesale or retail sale of wine produced in
conjunction with the winery, including wine tastings; and
  ' (c) When the activity occurs by appointment only, activities
that are directly related to the sale or promotion of wine
produced in conjunction with the winery, including but not
limited to:
  ' (A) Wine tours;
  ' (B) Consumer education;
  ' (C) Private events or activities at which wine produced in
conjunction with the winery is featured; and
  ' (D) The service of food required by state law to be served in
conjunction with the consumption of wine on the premises.
  ' (4) A winery allowed under subsection (2) of this section may
not include kitchen facilities.
  ' (5) A winery may be operated as a permitted use in an area
zoned for exclusive farm use pursuant to ORS 215.213 (1)(p) or
215.283 (1)(n) if:
  ' (a) The winery is located on a tract of at least 20 acres of
land;
  ' (b) The winery produces at least 10,000 gallons of wine in a
calendar year; and
  ' (c) The owner of the winery owns or holds under a long-term
lease, or holds under a long-term contract the right to purchase
all grapes from, vineyards of at least 25 acres, at least 15
acres of which must be contiguous vineyards.
  ' (6) A winery allowed under subsection (5) of this section may
include the following uses:
  ' (a) The production of wine;
  ' (b) The wholesale and retail sale of wine produced in
conjunction with the winery;
 
  ' (c) Activities that are directly related to the sale or
promotion of wine produced in conjunction with the winery,
including but not limited to wine tours and tastings and consumer
education;
  ' (d) The sale of items that support the sale and promotion of
wine produced in conjunction with the winery, including gifts and
merchandise and wine produced by other wineries;
  ' (e) The preparation and sale of food and beverages in kitchen
facilities licensed under ORS 624.010 to 624.121 when food is:
  ' (A) Required by state law to be served in conjunction with
the consumption of wine on premises; or
  ' (B) Served in conjunction with the consumption of wine at
events or activities permitted under this subsection;
  ' (f) Public and private events or activities, the primary
purpose of which is to promote the winery or the Oregon wine
industry;
  ' (g) Outdoor concerts for which admission is charged, facility
rentals or celebratory events that are approved by issuance of a
multiyear temporary permit that is reviewed at least once each
five years for compliance with the following standards:
  ' (A) The events or activities must comply with ORS 215.296;
  ' (B) The events or activities may not materially alter the
stability of the land use pattern in the area; and
  ' (C) If the events or activities include food service, the
food service is not functioning as a restaurant or a facility
providing off-site catering; and
  ' (h) A restaurant or other food service facility for the sale
of food not allowed under paragraph (e) of this subsection may be
established in conjunction with a winery when approved by
issuance of a permit that requires compliance with the following
standards:
  ' (A) In the calendar year immediately preceding issuance of
the permit, the winery produced at least 250,000 gallons of wine;
  ' (B) The winery is located on the same tract of land as a
vineyard of at least 50 acres;
  ' (C) The restaurant or other facility must comply with ORS
215.296;
  ' (D) The restaurant or other facility will not materially
alter the stability of the land use pattern in the area; and
  ' (E) The restaurant or other facility must be incidental and
subordinate to the production and sale of wine.
  ' (7) The uses authorized under subsection (3)(c) or (6)(c) to
(g) of this section must be:
  ' (a) Incidental and subordinate to the production of wine and
the on-site retail sale of wine; and
  ' (b) Limited such that the annual gross income from the
activities and uses, collectively, does not exceed 25 percent of
the annual gross income from the on-site retail sale of wine
produced in conjunction with the winery.
  ' (8) A winery that includes the uses authorized under
subsections (3)(c) and (6)(c) to (g) of this section must submit
an annual written report documenting compliance with subsection
(7)(b) of this section to the local government with land use
jurisdiction over the winery and to the Department of Land
Conservation and Development.
  ' (9) Before issuance of a permit to establish a winery, the
applicant must show that any vineyards required by subsection (2)
or (5) of this section have been planted or that a contract to
purchase grapes from contiguous vineyards has been executed, as
applicable.
  ' (10) A local government shall impose the following conditions
on the operation of a winery under this section:
  ' (a) A setback of at least 100 feet from the property line of
the tract for public gathering places;
  ' (b) Provision of direct road access, internal circulation and
sufficient off-street parking to accommodate the uses authorized;
  ' (c) Measures related to floodplains, geologic hazards, the
Willamette River Greenway, solar access, airport safety and other
measures for resource protection acknowledged in the
comprehensive plan and land use regulations to comply with a
statewide land use planning goal related to open spaces, scenic
and historic areas and natural resources; and
  ' (d) Measures to ensure compliance with public health and
safety laws and regulations. + }
  '  { +  SECTION 3. + }  { + Section 4 of this 2011 Act is added
to and made a part of ORS chapter 215. + }
  '  { +  SECTION 4. + }  { + (1) If a winery does not meet the
requirements of ORS 215.452, the winery may be operated as a
conditional use in an area zoned for exclusive farm use pursuant
to ORS 215.213 (2)(c)(B) or 215.283 (2)(a)(B).
  ' (2) A winery allowed under this section may conduct the uses
authorized by ORS 215.452 (3), subject to the limitations that
apply to the uses. + } ' .
  In line 23, delete '4' and insert '5'.
  On page 4, line 32, delete the boldfaced material.
  On page 6, line 38, after 'including' insert a colon and begin
a new paragraph and insert '(A)'.
  In line 39, delete the period and insert '; and
  ' (B) A winery, as described in section 4 of this 2011 Act.'.
  On page 10, line 9, delete '5' and insert '6'.
  On page 11, line 6, delete the boldfaced material.
  On page 12, line 40, after 'including' insert a colon and begin
a new paragraph and insert '(A)'.
  In line 41, delete the period and insert '; and
  ' (B) A winery, as described in section 4 of this 2011 Act.'.
  On page 15, after line 15, insert:
  '  { +  SECTION 7. + } 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, bird and
animal species that are under the jurisdiction of the State Fish
and Wildlife Commission, to the extent allowed by the rules
adopted by the 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 (3) or 321.824 (3).
  ' (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)(u) and 215.283
(1)(r) and the processing of farm crops into biofuel as
commercial activities in conjunction with farm use under ORS
215.213   { - (2)(c) - }  { + (2)(c)(A) + } and 215.283
 { - (2)(a) - }  { +  (2)(a)(A) + };
  ' (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 (3) or 321.824 (3);
  ' (K) Land used for the primary purpose of obtaining a profit
in money by breeding, raising, kenneling or training of
greyhounds for racing; and
  ' (L) Land used for the processing of farm crops into biofuel,
as defined in ORS 315.141, if:
  ' (i) Only the crops of the landowner are being processed;
  ' (ii) The biofuel from all of the crops purchased for
processing into biofuel is used on the farm of the landowner; or
  ' (iii) The landowner is custom processing crops into biofuel
from other landowners in the area for their use or sale.
  ' (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.'.
  In line 16, delete '6' and insert '8'.
  In line 17, delete '3' and insert '4'.
  In line 19, delete '7' and insert '9'.
  In line 24, delete '3' and insert '4'.
  After line 36, insert:
  '  { +  SECTION 10. + } 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.
  ' (h) Implementing a remediation plan previously presented to
the assessor for the county in which the land that is the subject
of the plan is located.
  ' (i) 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 (3) or 321.824 (3) (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)(u) and
215.283 (1)(r) and the processing of farm crops into biofuel as
commercial activities in conjunction with farm use under ORS
215.213   { - (2)(c) - }   { + (2)(c)(A) + } and 215.283
 { - (2)(a) - }  { +  (2)(a)(A) + };
  ' (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 (3) or 321.824 (3)
(relating to land used to grow certain hardwood timber, including
hybrid cottonwood);
  ' (k) Land used for the primary purpose of obtaining a profit
in money by breeding, raising, kenneling or training greyhounds
for racing;
  ' (L) Land subject to a remediation plan previously presented
to the assessor for the county in which the land that is the
subject of the plan is located; or
  ' (m) Land used for the processing of farm crops into biofuel,
as defined in ORS 315.141, if:
  ' (i) Only the crops of the landowner are being processed;
  ' (ii) The biofuel from all of the crops purchased for
processing into biofuel is used on the farm of the landowner; or
  ' (iii) The landowner is custom processing crops into biofuel
from other landowners in the area for their use or sale.
  ' (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.
  '  { +  SECTION 11. + }  { + (1) A use or structure lawfully
established at a winery before the effective date of this 2011
Act may be continued, including but not limited to events and
activities that exceed the income limit imposed by ORS 215.452.
  ' (2) A use or structure continued pursuant to this section may
be altered, restored or expanded as provided in ORS 215.130. + }
' .
  In line 37, delete '8' and insert '12'.
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